Event_ID_0000000018.pdf

Form GSOP S5-PIN (01-05)

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

Invitation For Bid

DUE DATE

Feb. 17, 2016

Responses must be delivered to the Procurement Division before 2:00 PM on the Due Date

SUPPLIER NAME AND ADDRESS

Event ID:

0000000018

REV. DATE

Feb. 1, 2016

PAGE

____ % CASH DISCOUNT FOR

PAYMENT WITHIN ____ DAYS

SEE REQUIRED PAYMENT

DATE OF THE GENERAL

PROVISIONS PARAGRAPH 30.

SHIP TO:

As Specified

ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED SMALL

BUSINESS?

YES NO

IF YES, MANUFACTURER?

ARE YOU A NON-SMALL BUSINESS CLAIMING

AT LEAST 25% SMALL BUSINESS

SUBCONTRACTOR PREFERENCE?

SUPPLIER CONTACT: RETURN TO:

DGS/PROCUREMENT DIVISION

Attn: Bid Room 707 3rd Street, 2nd Floor

West Sacramento, CA 95605

FOR FURTHER INFORMATION,

CONTACT:

BUYER: John D’Elia

PHONE: (916) 375-4433

EMAIL: john.delia@dgs.ca.gov

NAME (PRINT)

TITLE

SIGNATURE DATE

SECTION 14835 ET SEQ. OF THE CALIFORNIA GOVERNMENT CODE REQUIRES THAT A

5% PREFERENCE BE GIVEN TO BIDDERS WHO QUALIFY AS A SMALL BUSINESS OR

BIDDERS WHO QUALIFY AS A NON-SMALL BUSINESS CLAIMING AT LEAST 25%

CALIFORNIA CERTIFIED SMALL BUSINESS PARTICIPATION. FOR REQUIREMENTS SEE

TITLE 2, CALIFORNIA CODE OF REGULATIONS, SECTION 1896, ET SEQ. THE

REQUIREMENTS FOR NONPROFIT VETERAN SERVICE AGENCIES QUALIFYING AS A

SMALL BUSINESS ARE CONTAINED IN SECTION 999.50 ET SEQ. OF THE MILITARY AND

VETERANS CODE

PHONE

EMAIL

FEDERAL EMPLOYER IDENTIFICATION NUMBER

Bidder offers and agrees if this response is accepted within 45 calendar days from the date of opening to furnish all of the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified above and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY: By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) the National Labor Relations Board declaration set forth in Paragraph 43 of the General Provisions is true and correct. (3) If a claim is made for the small business preference, the information set forth within is true and correct.

(Contract Reference Number 42-04) PD Reference Only

Self-Contained Breathing Apparatus

1. SCOPE

This solicitation covers the estimated 3 years requirements of the State of California for Self-Contained Breathing Apparatus ( SCBA). The contract resulting from this solicitation will be mandatory for Department of Forestry and Fire Protection and available and mandatory for use by other State Departments and participating local agencies. This contract will be used to order match and inter-member MSA Safety Incorporated parts for existing Firehawk SCBA’s. Due to training and the familiarity of equipment, only the Firehawk brand SCBA’s will be available on this contract.

2. CURRENT CONTRACT

The term of the contract resulting from this solicitation will be for 3 years. The contract will contain 2 extension options for 1 year each or portion thereof. If a mutual agreement for a contract extension cannot be met, the contract may be terminated at the end of the current contract term and/or contract extension.

Note: A local agency is any city, county, and county district, or local governmental body or corporation empowered to expend public funds (California Public Contract Code Section 10298).

mailto:john.delia@dgs.ca.gov

3. QUANTITIES

Quantities shown for each line item on Attachment 1 – Pricing Worksheet are estimations for evaluation purposes only.

The estimated quantities are based upon anticipated purchasing for a three (3) year period. Actual purchasing may vary from this pattern. The State will not guarantee that these quantities will be purchased. Consequently, there is no guaranteed dollar value for this contract. The State will not be obligated to purchase contractor’s excess inventory if actual purchases vary from the anticipated purchasing pattern. The State reserves the right to order more or less of any line item in this solicitation.

4. BIDDER QUESTIONS

All bidders are encouraged to carefully review all pages of this solicitation. All questions, comments, and concerns should be immediately directed to the buyer in writing within at least four (4) working days prior to bid due date. All questions and/or concerns should be sent via fax to 916-375-4613 or emailed to john.delia@dgs.ca.gov

Any bidder’s failure to raise concerns, in writing, related to the solicitation requirements or failure to report an incorrect referenced internet link within at least four (4) working days prior to the bid due date will be deemed a waiver of the bidder’s right to protest any decision for contract award relating to the solicitation requirements.

5. CLARIFYING INFORMATION

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit requested information may result in your bid being considered non-responsive.

6. STATE OF CALIFORNIA ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)

The State of California, Department of General Services, Procurement Division (DGS PD) is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by the California Public Contract Code (PCC), Chapter 6, Sections 12400-12404. By signing the Completed Bid Response form, the bidder is certifying that the products or services offered under this solicitation are in compliance with PCC section 12404.

The law requires “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods and services that serve the same purpose”. Also, the procurement process must consider, to the extent feasible, the product’s associated impacts from the product’s raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, and safety as well as the needs of the purchaser, and cost.

7. ATTACHMENTS The following list identifies the applicable documents for this solicitation:

Attachment 1 – Pricing Worksheet

Attachment 2 – Product Specifications is N/A.

Attachment 3 – Contract Reporting Data

Attachment 4 – Customer Reference Form is N/A

Attachment 5 – Bidder Declaration Form (GSPD-05-105) REV 08/09

Attachment 6 – California Disabled Veteran Business Enterprise (DVBE) Program Requirements REV 09/03/09 is N/A

Attachment 7 – California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions REV 09/03/09

Attachment 8 – Disabled Veteran Business Enterprise (DVBE) Declaration Form (STD. 843) REV 05/06

Attachment 9 – Postconsumer-Content Certification (CIWMB 74) REV 04/07

Attachment 10 – Darfur Contracting Act

Attachment 11 – Alternative Protest Process Regulations

Attachment 12 – Fire Service Catalog

Attachment 13 – Pricing Catalog

8. BIDDER INSTRUCTIONS

The Bidder Instructions (rev 11/09/2011) applicable to this solicitation are located at the link below:

http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

9. GENERAL PROVISIONS

The General Provisions (rev 06/08/2010) applicable to this solicitation are located at the link below:

http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%203%20Contract%20Reporting%20Data.xls http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%204%20Customer%20Reference%20Form.docx http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%205%20Bidder%20Declaration%20Form%20(08-09).pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%206%20DVBE%20Program%20Requirements%20(rev%209-3-09).pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%207%20DVBE%20Incentive.pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%208%20DVBE%20Declaration%20Form%20(STD%20843).pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%209%20PCRC%20Workbook.xls http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%2010%20Darfur%20Contracting%20Act.pdf http://www.documents.dgs.ca.gov/pd/contracts/forms/ifb/Attachment%2011%20APP%20Regulations.pdf http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

10. METHOD OF AWARD

This solicitation shall be awarded on an "All or None" basis to the lowest responsive and responsible bidder meeting all administrative and technical requirements, terms, and conditions of this solicitation.

11. PRICING STRUCTURE

Contract items are categorized under two (2) main categories: Core Items and Non-Core Catalog Items.

Core Items:

Core line items are defined as high-use SCBA devices, accessories and parts commonly purchased by the State, based on recent historical data. These items will be available for purchase by ordering agencies at a fixed contract price. The State reserves the right to eliminate any specific line item(s) from the final award.

Non-Core Catalog Items:

Non-Core catalog items are defined as all SCBA devices, accessories and parts available in the contractor’s commercially available catalog. Non-Core Catalog Items shall be limited to SCBA devices, accessories and parts not included as part of the Core Line Items identified in Attachment 1 – Pricing Worksheet. Disallowed commodities and other accessories shall not be allowed.

Non-Core Catalog Items shall be available for purchase by ordering agencies at a single Discount Off Catalog List Price. The Contractor’s discount off list price (quoted on Attachment 1 – Pricing Worksheet, Non-Core Catalog) will be applicable to all Non-Core Catalog Items purchased by the State from the contractor’s catalog, except those listed as Core Items. The discount percentage bid shall be a whole number and not containing any numerals after the decimal point (example: 49% is acceptable, 49.3% is not).

CATALOG:

Non-core items will be MSA products only that are parts or accessories to MSA’s SCBA. The MSA 2015-2016 Fire Service Catalog pages 1-26 (see attachment 12 - items related to SCBA’s only) will be the basis of items for core and non-core products. The categories for the non-core items will be as follows:

Complete SCBA units, SCBA accessories, Repair Parts Electrical Repair Parts Non-Electrical

The price book (Effective January 1, 2016 – See Attachment 13) shall be the used for list prices/manufactures suggested retail price (MSRP). The original Price book may be changed only when reviewed and approved by the state’s contract administrator. No contractor shall apply for a change in the price book for a period of less than 12 months or 12 months after the last allowed change. Catalog pricing changes will not include pricing changes to core items. For pricing adjustments to core items refer to Section 20 Pricing Adjustments.

New items will be added as a revision page to the original price book and MSA’s catalog.

12. LINE ITEMS

All products to be offered as part of the contract resulting from this solicitation shall be listed on Attachment 1 – Pricing Worksheet. Bidders are required to provide the following proposed product information for each line item (in the yellow cells provided on Attachment 1):

Manufacturer Part Number (OEM #)

Model

Manufacturer (OEM)

Bidder’s product Stock Keeping Unit Number (SKU#)

Commodity Description

Unit of Measure (UOM)

UNSPSC Code (Version 11)

Index Date/Catalog Version

Quantity in UOM

List Price/MSRP

Contract Discount

Contract Unit Price

Contract Line Item Number (CLIN)

13. SPECIFICATIONS

For the purpose of this solicitation only the specified brand (MSA Safety Inc.) models as stated in Attachment 1 (Pricing Worksheet) and in Attachment 12 (Non-core Catalog) will be accepted.

IN EVENT OF STANDARD/REGULARTORY CHANGES:

Upon release of new standards by the National Fire Protection Association (NFPA) and National Institute for Occupational Health and Safety (NIOSH), the contractor is to have replacement equipment available that is the most current NIOSH approved NFPA & Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) compliant product. Upon release of new standards, the contractor may submit proposed pricing adjustments in writing for core items to the procurement division. Such notice shall include substantiated information to support the proposed pricing (e.g., Manufacturer's price list, significant changes in published market indicators for the industry, certified raw materials cost data and any other substantiating information as requested by the State). Upon receipt of such notice for core items, the state reserves the right to either:

A. Accept the catalog as competitive with the general market price at that time, effective 30 days after written approval from the state; or

B. Negotiations proposed price escalations. NOTE: The State will notify, in writing the contractor of its desire to negotiate. The state will have ten (10) working days to complete negotiations; or

C. Cancel any unpurchased balance of the contract without prejudice, effective upon written notice by the State.

NOTE: If negotiations fail to produce an agreement, the State reserves the right to exercise options A or C above with an effective date no later than ten (10) working days after unsuccessful negotiations. No price increase shall apply to quantities ordered from the contract prior to the effective date of the price increase.

Non-Core: New items created through new standards or regulations will be incorporated in the new catalog upon approval from the State.

14. FACTORY AUTHORIZED DISTRIBUTOR

All bidders shall be the factory, or a factory authorized distributor, and offer factory or factory authorized service for the products they are offering. The bidder shall provide a Factory Authorization Letter with the bid response or within five (5) working days from receipt of notice from the State. Notice may be made by phone, fax, e-mail, or commercial overnight carrier. If required, the bidder will be given one opportunity to submit the Factory Authorization Letter. Failure to submit requested information will result in your bid being considered non-responsive.

15. DESCRIPTIVE LITERATURE

Not applicable to this bid.

16. SAMPLES

17. RANDOM SAMPLE COMPLIANCE REVIEW

18. PRICES

All prices shall be noted on Attachment 1 – Pricing Worksheet. Prices shall be all inclusive. Only the prices/charges submitted in the bid response shall be included in the awarded contract. No other fees can be charged to the customer.

Bidders shall submit one (1) hard copy and one (1) electronic copy (on a CD-ROM in Microsoft Excel format) of the completed Attachment 1 – Pricing Worksheet with the bid response. If a discrepancy occurs between the hard copy and the electronic copy, the hard copy will take precedence. Failure to submit the Attachment 1 – Pricing Worksheet with your bid response shall result in your bid being considered non-responsive.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Notice may be made by phone, fax, email, or commercial overnight carrier. Failure to submit requested information may result in your bid being considered non-responsive

19. PRICING WORKSHEETS

Attachment 1 – Pricing Worksheet contains the price sheets that the bidders shall use to enter pricing/discounts for this solicitation.

Core Items / Non-Core Catalog Items

In order to be considered for award, all line items in the Core group and the discount for the Non-Core Catalog in Attachment 1 – Contract Pricing must be bid. Please refer to the Worksheet Key tab for field definitions and additional completion instructions.

20. PRICE ADJUSTMENTS

A. Frequency/Guidelines:

Price adjustments will only be acknowledged in accordance with the following guidelines:

1. Price adjustments will not be made during the first 12 months of the contract.

2. Price adjustments after the first 12 months may only be requested however no more than once within a 12 month period.

3. Upon approved price adjustment, price adjustments will not be accepted for a period of 12 months from the last approved price adjustment effective date.

4. Price adjustments may only be requested when the cost of finished products based on the U.S. Department of Labor Product Price Index (PPI) for Other Industrial Safety Equipment Series ID WPU 1571 has increased no less than 2 percent.

5. No price increase/decrease shall apply to quantities ordered from the contract prior to the effective date of the price adjustment. No retroactive contract price adjustments will be allowed.

6. Accepted price adjustments shall be for a minimum period of 12 months from the approved price adjustment effective date.

7. The State reserves the right to decrease prices in the same manner as price increase adjustments.

B. Request Process:

Price adjustment requests will be processed as follows:

1. Any price adjustment request must be in writing and must be received 30 calendar days prior to the requested adjustment date. If a Contractor fails to request a price adjustment 30 calendar days prior to the requested adjustment date, the price adjustment, if accepted, will be effective within 30 calendar days after the State receives the written request.

2. Price adjustments requests must include:

a. A copy of the appropriate PPI identified above illustrating the relevant percent increase/decrease.

b. An Excel spreadsheet detailing the requested adjustment to the contract line item(s). The spreadsheet should include the Contract Line Item Number (CLIN), current State Contract Price, percent increase/decrease, and adjusted State Contract Price for each contract line item(s).

3. Price adjustment, if granted, will be made in accordance with the percentage change to the appropriate PPI identified above. The percentage difference between: a) the latest final base PPI at the time of contract award, and; b) the latest final PPI issued at the time of the price adjustment request, will determine the maximum allowable adjustment to the current State Contract Price(s). Only final PPI data will be used to adjust contract pricing. PPI data issued by the U.S. Bureau of Labor Statistics may be revised for up to four months after the original release date before being considered final.

Additional price adjustments within the contract term including extensions, if granted, will be made in accordance with the percentage change to the appropriate PPI identified above. The percentage difference between: a) the new base PPI, calculated from the last approved price adjustment effective date, and; b) the latest final PPI issued at the time of the price adjustment request, will determine the maximum allowable adjustment to the current State Contract Price(s).

Upon receipt of such notice, the State reserves the right to:

a. Accept the adjustment as competitive with the general market price at that time; or

b. Negotiate proposed price adjustments. Note: The State will notify the Contractor, in writing, its desire to negotiate. The State will have ten (10) working days to complete negotiations; or

c. Deny adjustment request and continue with current State contract prices; or

d. Cancel the contract’s unpurchased balance without prejudice, effective upon written notice from the State.

Note: If negotiations fail to produce any agreement, the State reserves the right to exercise Options 4a or 4d with an effective date no later than ten (10) working days after unsuccessful negotiation.

C. Price Adjustment Examples:

1) After the first year, a price increase is requested for a contract with term of three years.

Price Adjustment Request #1:

Contract term: 9/1/2008 through 8/31/2011 Allowable adjustment period: 12 months Requested price adjustment period: 9/1/2009 through 8/31/2011 Minimum % change to PPI: 2% Current State Contract Price to be adjusted: $1.65/box Final base PPI (May 2008): 172.0 Latest final PPI (May 2009): 175.9

Process:

Step Description Calculation

1 Subtract the final base PPI from the latest final PPI. 175.9 – 172.0 = 3.9

2 Divide the result by the final base PPI: 3.9 / 172.0 = .022

Multiply the result by 100 to obtain % increase/decrease:

.022 X 100 = 2.20%

Multiply the current State Contract Price to be adjusted by the % increase/decrease to obtain $ increase/decrease:

$1.65 x .022 = $.036

Add the $ increase/decrease to current State Contract Price to be adjusted to obtain adjusted price:

$1.65 + $.036 = $1.68

Result:

Adjusted price for contract term 9/1/2009 through 8/31/2010 is $1.68 per box.

2) 12 months after the first price increase, a second price increase request is submitted.

Price Adjustment Request #2:

Contract term: 9/1/2008 through 8/31/2011 Allowable adjustment period: 12 months Requested price adjustment period: 9/1/2010 through 8/31/2011 Minimum % change to PPI: 2% Current State Contract Price to be adjusted: $1.68/box Final base PPI (May 2009): 175.9 Latest final PPI (May 2010): 185.0

Process:

Step Description Calculation

1 Subtract the final base PPI from the latest final PPI. 185.0 – 175.9 = 9.1

2 Divide the result by the final base PPI: 9.1 / 175.9 = .052

Multiply the result by 100 to obtain % increase/decrease:

.052 X 100 = 5.20%

Multiply the current State Contract Price to be adjusted by the % increase/decrease to obtain $ increase/decrease:

$1.68 x .052 = $.087

Add the $ increase/decrease to current State Contract Price to be adjusted to obtain adjusted price:

$1.68 + $.087 = $1.76

Result:

Adjusted price for contract term 9/1/2010 through 8/31/2011 is $1.76 per box.

21. NON CORE CATALOG PRICING ADJUSTMENTS AND APPENDICES

No sooner than 12 months after the start date of the contract, or 12 months after the effective date wherein any price change was granted, the Contractor may request to have the latest commercially available catalog become the new basis of prices. Only one change to catalog prices shall be allowed within a twelve (12) month period after the start date of the contract. Any item(s) offered by the Contractor to the State that are not in the commercially available catalog must be included in an appendix to the catalog. An updated appendix shall be provided to the State on a quarterly basis to reflect additions made to the catalog through the contract year. Additions shall be reviewed and approved by the contract manager prior to inclusion to the catalog. New items and their catalog list prices added to the appendix will become part of the catalog and adhere to the same timeline updating prices as the original catalog and appendix. All discounts for the non-core category basket will remain fixed for the entire term of the contract.

22. PRICE DECLINES

The contractor shall immediately notify the State Contract Administrator of all manufacturers’ price declines and the State shall receive full benefit of such declines, effective on the date of manufacturer’s public announcement.

23. SALES TAX

Sales tax is not to be included in the bid response or on Attachment 1 – Pricing Worksheet. If awarded the contract, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered. If Federal Excise Tax applies, bidder shall list the amount and submit information with bid response.

24. MINIMUM ORDER

There is no minimum order for this contract.

25. CONTRACTOR ORDERING INFORMATION

By signing and submitting this solicitation, the bidder agrees to accept orders by facsimile, e-mail or U.S. Mail. Bidders must list below business address, facsimile, and e-mail address to which orders should be sent:

Company Name:

Street Address:

City, State, and Zip:

Telephone Number: ( )

Facsimile Number: ( )

E-Mail Address:

Contact (if applicable):

26. ORDERING PROCEDURE

State departments shall submit a complete Purchasing Authority Purchase Order (STD. 65) directly to the contractor or complete the Purchase Order process in Fi$Cal. The Purchasing Authority Purchase Order (STD. 65) shall contain, at a minimum, the following information:

1. Agency Order Number (Purchase Order Number)

2. Agency Billing Code

3. Purchasing Authority Number

4. Leveraged Procurement Number (Contract Number)

5. Agency Name

6. Item Number

7. Quantity

8. Unit

9. Description and Contract Line Item Number (CLIN), if applicable

10. Unit Price

11. Extension Price

Local agencies may use their own purchase document. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

The contractor shall not accept incomplete orders from ordering agencies.

27. ORDER RECEIPT CONFIRMATION

The contractor must confirm receipt of the purchase order, either via e-mail or facsimile, within 48 hours of receipt.

Order Receipt Confirmation to each ordering agency shall include the following information:

1. Ordering Agency Name

2. Agency Order Number (Purchase Order Number)

3. Total Cost

4. Anticipated Delivery Date

28. DELIVERY

Delivery for orders placed against the contract resulting from this solicitation shall be in accordance with the following:

A. Locations

Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks.

B. Schedule Delivery of ordered product shall be completed in full within 90 calendar days after receipt of an order (ARO).

Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.

C. Security Requirements

Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may cause your firm to be declared in default of contract requirements.

Note: In accordance with paragraph 15 of the General Provisions entitled “Delivery”, the contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation. Failure to comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 26, entitled “Rights and Remedies of the State for Default”.

29. FREE ON BOARD (F.O.B.) DESTINATION

For the purposes of this solicitation, all prices offered shall be F.O.B. destination; freight prepaid by the Contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations.

30. DISTRIBUTION PLAN

Bidders are requested to submit a Distribution Plan with their bid response. The Distribution Plan should be the bidder’s written plan for distribution of the products. The plan must clearly show distribution from the manufacturer(s) to the end user(s), including all points in between specific to this resulting contract only, and the role that you as the contractor of record will play in the distribution. This plan should clearly identify all parties, including any subcontractor, Disabled Veteran Business Enterprises (DVBE) and/or Small Business (SB) participants, involved in the execution of this contract and their responsibilities.

31. MATERIAL SAFETY DATA SHEET

Products, that contain hazardous chemicals, as defined by California Code of Regulations, Title 8, §339, shall comply with the requirements of Title 8 of the California Code of Regulations including §340, Material Safety Data Sheets (MSDS). The Contractor must provide a Material Safety Data Sheet (MSDS), with all legally required special handling/packaging documentation, to the ordering agency upon delivery of products containing hazardous materials.

This information shall also be provided by facsimile or e-mail to any ordering agency upon written request.

32. PACKAGING, PACKING AND MARKING

All shipments must comply with General Provisions (rev 06/08/2010), Paragraph 12 entitled “Packing and Shipment”.

The General Provisions are available at: http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf .

33. RECALL PROCEDURES

The contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and each ordering agency through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions.

The contractor shall issue replacement of product or credit for any product removed or recalled. Each ordering agency shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

34. ADDITIONAL REQUIREMENTS

Not applicable to this bid

35. INVOICING REQUIREMENTS

The State’s obligation to make payment pursuant to the contract is subject to availability of appropriation funds.

Receipt of a Purchasing Authority Purchase Order (STD. 65) or Purchase Order in Fi$Cal under this contract is proof of funds for that order.

1. Contractor’s name, address and telephone number

2. Leveraged Procurement Number (Contract Number)

3. Agency Order Number (Purchase Order Number)

4. Line Item Number

5. Commodity Code Number

6. Quantity purchased

7. Contract Unit Price and Extension

8. State sales and/or use tax

9. Prompt payment discounts/cash discounts, if applicable

10. Totals for each order

The State’s obligation to make payment pursuant to the contract is subject to availability of appropriation funds. Receipt of a Purchasing Authority Purchase Order (STD. 65) under this contract is proof of funds for that order.

36. CAL-CARD PAYMENT

Bidders will check one of the following:

The bidder WILL accept the State's CAL-Card Visa Credit Card for order payments.

The bidder WILL NOT accept the State's CAL-Card Visa Credit Card for order payments.

37. CONTRACTOR RESPONSIBILITY:

1. Contractor shall perform all deliveries to facilities in a safe and professional manner. Contractor's equipment shall be in good working order and all personnel shall be trained in safety measures to preclude accidents endangering personnel or property.

2. Contractor must commit to delivery as requested, at time stated on accepted orders, through the term of the contract.

3. Contractor shall provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

4. Contractor shall assign a Contract Manager to act as a contact for all contract-related issues. Provide Contractor Contract Manager information below:

Contract Manager Name:

Street Address:

City, State, and Zip:

Telephone Number: ( )

Facsimile Number: ( )

E-Mail Address:

38. REPORTING REQUIREMENTS:

The following reports are required to be submitted by the contractor in accordance with the instructions outlined below. Reports must contain at a minimum, but not limited to, the data elements identified in Attachment 3 - Contract Reporting Data.

Note: Reports are to be submitted even when there is no activity for the reporting period.

A. Contract Usage Report:

The Contractor shall provide an electronic Contract Usage Report to the State Contract Administrator on a monthly basis. The Contract Usage Report shall detail all invoiced purchases (from State Departments and/or local governmental agencies) against the contract during the specified reporting period.

The Contract Usage Report shall be provided to the State Contract Administrator, in Excel format via email or via U.S. Mail on a CD-ROM, by the 15th day following the ending of the reporting period (previous calendar month).

B. SB/DVBE Participation Report:

The Contractor shall provide an electronic SB/DVBE Participation Report to the State Contract Administrator on a monthly basis. The SB/DVBE Participation Report shall detail all payments to Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE) subcontractors during the specified reporting period.

The SB/DVBE Participation Report shall be provided to the State Contract Administrator, in Excel format via email or via U.S. Mail on a CD-ROM, by the 15th day following the ending of the reporting period (previous calendar month).

C. Aging Debt Report:

The Contractor shall provide an electronic Aging Debt Report to the State Contract Administrator on a monthly basis. The Aging Debt Report must contain the outstanding invoices by State Department for the specified reporting period.

The Aging Debt Report shall be provided to the State Contract Administrator, in Excel format via email or via U.S. Mail on a CD-ROM, by the 15th day following the ending of the reporting period (previous calendar month).

D. Ad Hoc Reporting The Contractor shall have the ability to provide ad hoc reporting capabilities at no cost to the State. The Contractor shall permit and provide access to all data that pertains to any procurement action taken by an ordering agency or the State as a whole. The State or ordering agency may make copies of procurement data in any form and the use of such data shall not be restricted. Dependent on future reporting requirements, the State may ask that certain reports become standard and delivered to the State on a monthly or quarterly basis.

39. INCENTIVE FEE FOR SALES TO LOCAL GOVERNMENTAL AGENCIES

For all local government agency transactions issued against the contract resulting from this solicitation, the Contractor is required to remit the Department of General Services, Procurement Division (DGS/PD) an Incentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. Local government agencies include cities, counties, special districts, California State University and University of California systems, K-12 school districts and community colleges empowered to expend public funds (California Public Contract Code Section 10298).

This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. (All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.) Payment by the Contractor shall be made to DGS/PD based on the schedule shown below irrespective of reimbursement by each participating entity.

Contractor shall submit a check payable to the State of California, Department of General Services (DGS), for an amount equal to 1 percent (0.01) of the total local government agency sales for the monthly period less freight, taxes, returned products and credits. (Example, if the net local governmental agency sales for a month totals $100,000.00, the incentive fee due to DGS/PD would be $1,000.00.)

Along with each check, a Local Business Activity Report shall be submitted to the State Contract Administrator. The Local Business Activity Report requirements are specified in REPORTING REQUIREMENTS, paragraph B.

If a Contractor holds multiple contracts, the Contractor may submit one check per month covering the DGS/PD incentive fee for the total of all local governmental agency purchases. In this case, a separate report is still required for each contract, and a list of the total local governmental agency sales for each contract must be included with the check.

Failure to submit correct reports and checks on a timely basis shall constitute grounds for suspension of this contract.

Reports and check deliveries are due for the monthly period by the 15th day of the next month in a format to be prescribed by the DGS/PD. (Note: If the due date is on a Saturday or Sunday, the due date will be the Monday following.)

Incentive Fee Checks shall be submitted to the following address:

Department of General Services Procurement Division Contracts Management Unit Attn: John D’Elia 707 Third Street, 2nd Floor

40. RESPONSIBLE BIDDER

The Department of General Services may require bidder(s) to submit evidence of their qualifications at such times, and under such conditions, as it may require. The question of whether a particular bidder is a responsible bidder involves an evaluation of the bidder’s experience, facilities, reputation, financial resources, and other factors existing at the time of contract award. Being placed on the State bid list, shall not preclude the State from determining that the bidder is not a responsible bidder. If determined to be not a responsible bidder, your bid will be rejected.

41. CUSTOMER REFERENCES

Not Applicable to this bid.

42. SELLER PERMIT

Bidders must provide their California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set forth in Sections 6487, 7101 and Sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract Code. In order to expedite the process of verifying the validity of the permit, provide the BOE permit number in the space provided below (or attach a copy of the permit with your bid.)

Retailer’s Seller’s Permit Number: __________________________________

Note: Award will be conditional on providing seller permit information prior to award.

43. DECLARATION FORMS

All bidders must complete the Bidder Declaration GSPD-05-105 (Attachment 5) and include it with the bid response.

When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract.

Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract.

Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form STD 843 (Attachment 8). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy at the following website: www.documents.dgs.ca.gov/pd/poliproc/STD- 843FillPrintFields.pdf. The completed form should be included with the bid response.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

44. BIDDER PREFERENCES AND INCENTIVES

This solicitation provides for the following optional bidder preferences and incentives:

A. Small Business Preference B. Non-Small Business Subcontractor Preference C. Disabled Veteran Business Enterprise (DVBE) Incentive D. Target Area Contract Preference Act (TACPA) Preference

All certified firms must perform a “commercially useful function” in the performance of the contract as defined in Government Code section 14837(d)(4).

A. Small Business Preference

A five percent (5%) bid preference is available to bidders certified as a small business per Government Code 14835 et seq. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation.

Bidders claiming the small business preference must be certified by California as a small business. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

1. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation. Small business nonprofit veteran services agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

Questions regarding certification should be directed to the OSDS at (916)375-4940.

B. Non-Small Business Subcontractor Preference A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California Certified small business subcontractor participation. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation.

C. Disabled Veteran Business Enterprise (DVBE) Program Requirements and DVBE Incentive:

For the purposes of this solicitation, the Disabled Veteran Business Enterprises (DVBE) participation requirement has been waived. (Exemption Code E-18)

This solicitation provides an incentive for DVBE participation. The California DVBE Bid Incentive Instructions packet (Attachment 7) includes information about the DVBE incentive.

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

D. Target Area Contract Preference Act (TACPA) Preference

This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference.

Denial of the TACPA preference request is not a basis for rejection of the bid.

Bidders desiring to claim the TACPA preference are encouraged to carefully review the forms, requirements, and submittal instructions located at http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx. Bidders must complete and submit all applicable preference program forms to be considered for a preference.

The State as part of its evaluation process reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at the State’s request may result in the denial of the preferences requested.

Contracts awarded with the applied preference will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce the preference program.

Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division at (916) 375-4609.

45. PAYEE DATA RECORD

Bidder(s) to be awarded this contract will be required to complete and sign a Payee Data Record (STD 204) before contract award. The Payee Data Record (STD 204) is available at:

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

46. POSTCONSUMER-CONTENT CERTIFICATION

State agencies are required to report purchases in many product categories. In order to comply with those requirements, bidders are required to complete and return the Postconsumer-Content Certification form CIWMB 74 (Attachment 9) with their bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information.

47. DARFUR CONTRACTING ACT

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services (DGS) to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476.

Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Public Contract Code (PCC) Section 10477(a)), unless written permission from the Director of DGS to bid on this procurement has been granted (PCC Section 10477(b)). A copy of this written authorization must be submitted with the bid or the bid will be considered non-responsive.

Bidders are required to submit a completed Attachment 10 – Darfur Contracting Act Certification Form if their company currently or within the previous three (3) years has had business activities or other operations outside of the United States. Bidders must submit the completed form with the bid response or within five (5) working days from receipt of notice from the State.

Note: Attachment 10 is not required for companies who have not, within the previous three years, had any business activities or other operations outside of the United States.

48. TAX DELINQUENCY

Per AB1424, Chapter 455, the State Board Of Equalization will on a quarterly basis, and the Franchise Tax Board, at least twice each calendar year, will make available a list of the 500 largest tax delinquencies http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

Pursuant to the Public Contract Code section 10295.4, effective July 1, 2012, persons or companies identified as the largest tax delinquents by the FTB or BOE are ineligible to enter into any contract with the state for non-IT goods or services. Any contract entered into is in violation of section 10295.4 is considered void and unenforceable.

Prior to executing any state contract or renewal for non-IT goods or services, the contracting department must verify that the contractor is not on a prohibited list by checking both the FTB and BOE websites. This requirement applies regardless of the procurement approach, method, or solicitation format used. Departments that elect to develop their own processes or documents to suit their business needs should work with their legal counsel to ensure compliance with code. Public Contract Code 10295.4 provides no exceptions to these prohibitions.

https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.boe.ca.gov/cgi-bin/deliq.cgi

49. ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5 (Attachment 11 The link to the regulations is: http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx.)

A Notice of Intent to Award for this solicitation will be publicly posted in the Procurement Division reception area and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s) and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the second (2) working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South

Fax: 916 / 376-6226

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as…