Event_ID_0000000179_Final.pdf

IMPORTANT NOTICE TO ALL BIDDERS

Event ID. 0000000179

This solicitation/acquisition is being conducted under Public Contract Code § 12125, et seq., the Alternative Protest Process.

Submission of a bid constitutes consent of the bidder for participation in the Alternative Protest Process.

Any protests filed in relation to the proposed contract award shall be conducted under the procedures in this document for the Alternative Protest Process.

Any bidder wishing to protest the proposed award of this solicitation must submit a written Notice of Intent to Protest (facsimile acceptable) to the Coordinator before the close of business on the last day of the protest period, which will be established in the Notice of Intent to Award. Failure to submit a timely, written Notice of Intent to Protest waives the bidder’s right to protest.

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Voice: 916 / 375-4587 Fax: 916 / 376-6226

Form GSOP S5-PIN (01-05)

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

Invitation For Bid

DUE DATE

February, 25 2016 Responses must be delivered to the Procurement Division before 2:00 PM on the Due Date

SUPPLIER NAME AND ADDRESS

Event ID:

0000000179

REV. DATE

1/27/2016

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 (Event ID:

0000000179) 707 3rd Street, 2nd Floor

West Sacramento, CA 95605

FOR FURTHER INFORMATION,

CONTACT:

BUYER: Steve Funderburk

PHONE: (916) 375-4446

EMAIL: steve.funderburk@ 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.

(68-13) PD Reference Only

Herbicides and Insecticides

1. SCOPE

This solicitation covers the estimated three (3) year requirements of the State of California for HERBICIDES AND INSECTICIDES. The contract resulting from this solicitation will be mandatory for all State of California Departments and available for use by participating local agencies.

The term of the contract resulting from this solicitation will be for three (3) years. The contract will contain two (2) extension option(s) for one (1) year 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(s).

2. CURRENT CONTRACT

The historical value based on expenditures from the current mandatory statewide contract, number 1-10-68-13, for HERBICIDES AND INSECTICIDES is approximately $10,778,000 over three (3) years.

• Northern Region - $3,571,000

• Central Region - $3,088,000

• Southern Region - $4,119,000

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 steve.funderburk@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 two (2) 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, and supported by the Governor’s Executive Order S-20-04. 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 – State of California Bid Specification Number DGS-6813-3389, dated 01/20/16

• Attachment 3 – Contract Reporting Data

• Attachment 4 – Customer Reference Form

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

• Attachment 6 – 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 – N/A

• Attachment 10 – Darfur Contracting Act

• Attachment 11 – Alternative Protest Process Regulations

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 mailto:steve.funderburk@dgs.ca.gov http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

10. METHOD OF AWARD

This solicitation will be awarded by individual region or "All or None” total for all regions whichever is deemed by the State to be in its best interest. Therefore there may be up to six (6) awards made. In order to be considered for award, all line items in each Region must be bid. The regions are defined as follows on Attachment 1 - Pricing Worksheet:

Tab A - Northern - Brand Tab B - Northern - Generic Tab C - Central - Brand Tab D - Central - Generic Tab E - Southern - Brand Tab F - Southern - Generic

The award(s) will be made to the lowest responsive and responsible bidder(s) meeting all administrative and technical requirements, terms, and conditions of this solicitation.

Northern Region (includes the following counties):

Amador Del Norte Lake Modoc Plumas Siskiyou Tehama Alpine El Dorado Lassen Napa Sacramento Solano Trinity Butte Glenn Marin Nevada Shasta Sonoma Yuba Colusa Humboldt Mendocino Placer Sierra Sutter Yolo

Central Region (includes the following counties):

Alameda Fresno Mariposa San Benito San Mateo Stanislaus Calaveras Kings Merced San Francisco Santa Clara Tuolumne Contra Costa Madera Monterey San Joaquin Santa Cruz Tulare

Southern Region (includes the following counties):

Imperial Kern Mono Riverside San Diego Santa Barbara Inyo Los Angeles Orange San Bernardino San Luis Obispo Ventura

11. PRICING STRUCTURE – N/A

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):

• Item Description

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

• UNSPSC Code

• Manufacturer (OEM)

• Manufacturer Part Number (OEM #)

• Brand or Product Name

• California Department of Pesticide Registration Number

• Environmental Protection Agency Registration Number

• SF Hazard Tier Rating and OMRI Certified (Refer to Item 18. Certified Pesticides)

• Index Date/Catalog Version

• List Price/MSRP

• Bid Price (Per Unit)

Note: Please refer to the Worksheet Key tab for field definitions.

13. SPECIFICATIONS

All products offered must conform to the attached specifications entitled State of California Bid Specification Number DGS-6813-3389, dated 01/20/16.

14. DESCRIPTIVE LITERATURE

Bidders must provide a product label giving a chemical breakdown of active ingredients by percentage of each item bid. If bidding other than the reference brand (an equal, non-proprietary product), bidders are required to submit complete descriptive literature with the bid response. Descriptive literature shall be annotated to specify the applicable page, brand, model and Contract Line Item Number (CLIN). Bidder must provide product label and/or descriptive literature within five (5) working days of request by the state. Failure to submit literature may result in your bid being considered non-responsive.

15. PEST CONTROL DEALER’S LICENSE

Bidder must hold a current California Pest Control Dealer’s License issued by the Department of Pesticide Regulation.

The business name, license type, license number, and expiration date shall be shown below.

Business Name:________________________________________________________________________

License Type:_________________________________________________________________________

License No.:_________________________________________________________________________

Expiration Date:________________________________________________________________________

Failure to demonstrate that the bidder holds a current California Pest Control Dealer’s License on the date of the bid opening will result in a determination that the bid is non-responsive and the bid will be rejected. Other licenses are not equivalent or acceptable and do not comply with the requirements of this solicitation.

16. PEST CONTROL ADVISER’S (PCA) LICENSE

The Bidder must have a valid California Pest Control Advisor’s License issued by the Department of Pesticide Regulation or the Bidder must employ or subcontract with individual who holds a valid California Pest Contract Advisor’s License.

PCA License holder (bidder, subcontract) must be registered in each County that requests a recommendation for product use. (See Item 15. Pest Control Adviser’s (PCA) and Ecowise Certified Practitioner Service)

The individual’s name, license type, license number, and expiration date shall be shown below. The bidder must retain a licensed PCA throughout the contract term.

Individual Name:________________________________________________________________________

License Type:_________________________________________________________________________

License No.:_________________________________________________________________________

Expiration Date:________________________________________________________________________

Failure to demonstrate that the bidder holds a current California Pest Control Adviser’s License on the date of the bid opening will result in a determination that the bid is non-responsive and the bid will be rejected. Other licenses are not equivalent or acceptable and do not comply with the requirements of this solicitation.

17. PEST CONTROL ADVISER’S (PCA) and ECOWISE CERTIFIED PRACTITONER SERVICES PCA services shall be provided to requesting agencies and are to include, but are not limited to:

• Instructions on the mixing of components (additives/adjuvants)

• Application techniques

• Recommending application levels

• Training and training materials

• Current and new product updates

• Identifying low toxicity chemical substitutions

• Conduct a site visit with the hiring Agency staff prior to writing recommendation

• Supply copy of DPR pesticide use report to hiring Agency for their records no later than 1 week after submitting to DPR

Bidder to identify PCA who also are EcoWise Certified Practitioner. More information on becoming an EcoWise Practitioner can be found at: http://www.ecowisecertified.org/. Note: EcoWise Certification is not required.

http://www.ecowisecertified.org/

Travel will be required throughout the State of California when an agency requests onsite training course. Training course to be developed in coordination with requesting agency and include continuing education units. Travel, per diem and business expenses are a component of the hourly bid rate (see Contract Line Item N56, C56 and S56 on Region Tab A, B and C of Attachment 1 – Pricing Workbook).

Note: PCA services are optional to the purchasing agency. It is not mandatory to use this service with the awarded contract.

18. CERTIFIED PESTICIDES

The State of California participates in U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) to achieve sustainable, healthy and environmentally conscience owned and operated properties.

Participation requires the evaluation of materials, chemicals and processes and choosing environmentally preferable products. Identifying pesticides in reference to pesticide hazard ratings is a valuable tool in calculating LEED credits.

Bidder shall identify items offered as Tier I, Tier II, or Tier III, as defined by the San Francisco Hazard Rating system (http://www.sfenvironment.org/download/guide-to-the-reduced-risk-pesticide-list-revised-2013 ) for each line item in yellow cell provided on Attachment 1 – Pricing Workbook. The San Francisco Hazard Tier is a system of evaluation of pesticide products or active ingredients based on the toxicological properties and water pollution potential of the chemical developed by the City of San Francisco.

Bidder shall also identify items offered as being an Organic Materials Review Institute (OMRI) Certified Listed product, where applicable. The Organic Materials Review Institute (OMRI) (http://www.omri.org/) is an international nonprofit organization that determines which input products are allowed for use in organic production and processing.

19. RANDOM SAMPLE COMPLIANCE REVIEW – N/A

20. 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.

The State will evaluate bids on “Bid price per unit of Measure” i.e., GL, LB, or OZ in Column T.

Note: The product brand names (Reference Brand) listed on Attachment 1 - Pricing Worksheet in Tabs B, D, and F are for reference only.

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.

Note: Please refer to the Worksheet Key tab for field definitions and additional completion instructions.

For the purposes of this solicitation only, all bid pricing shall be valid for 60 calendar days after bid opening date. This language hereby supersedes the 45 calendar days as indicated on page 1 of the solicitation.

21. PRICING WORKSHEETS

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

There are 6 tabs in the Pricing Worksheet:

Tab A - Northern - Brand

• Must bid only specified brands of products

Tab B - Northern - Generic

• May offer generic equivalent products (Products must conform to State of California Bid Specification Number DGS-6813-3389, dated 01/20/16) http://www.sfenvironment.org/download/guide-to-the-reduced-risk-pesticide-list-revised-2013

Tab C - Central - Brand

• Must bid only specified brands of products

Tab D - Central - Generic

• May offer generic equivalent products (Products must conform to State of California Bid Specification Number

Tab E - Southern - Brand

• Must bid only specified brands of products

Tab F - Southern - Generic

• May offer generic equivalent products (Products must conform to State of California Bid Specification Number

In order to be considered for award, all branded line items in tabs A, C, and/or E must be bid.

The State intends to add value by awarding branded products in addition to generic equivalents. In all cases this may not be possible. If a bidder is not able to obtain an equivalent product for any line, the State reserves the right to strike that line item from the solicitation.

22. ADDING NEW PRODUCTS TO THE CONTRACT AFTER AWARD

Following the contract award, additional products of the same category that are not already on the contract, may be added. A formal written request will be sent to current contractor(s) to quote on the proposed additional product(s).

Respondent shall submit proposals to the State as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). The State may accept or reject any or all proposals, or and may issue a separate RFP or IFB for the product(s). The products covered under this provision shall conform to the specifications as outlined in the request.

23. PRICE ADJUSTMENTS

All prices shall be firm fixed for the contract term, including any optional year extensions, unless a price adjustment is granted.

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 year of the contract.

2. Price adjustments after the first year may only be requested 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. Bureau of Labor Statistics Product Price Index (PPI) for Pesticide, fertilizer, and other agricultural chemical mfg: Series ID PCU3253--3253-- has increased no less than five (5) 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

3 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

5 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

3 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

5 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.

24. 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.

25. 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.

26. MINIMUM ORDER

The minimum order shall be $200.00.

27. 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):

28. 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. Purchase Order Date

3. Agency Billing Code

4. Purchasing Authority Number

5. Leveraged Procurement Number (Contract Number)

6. Agency Name

7. Agency Ship To Address

8. Agency Bill To Address

9. Supplier Name

10. Item Number

11. Quantity

12. Unit of Measure

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

14. Unit Price

15. 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.

29. 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. Description of Goods

4. Total Cost

5. Anticipated Delivery Date

30. 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.

Some deliveries may require a forklift and operator. Please provide the charge for this service on Contract Line Item A49, B49, C49, D49, E49, and/or F49 (Tab A - Northern - Brand, and/or Tab B - Northern - Generic, and/or Tab C - Central – Brand, and/or Tab D - Central - Generic, and/or Tab E - Southern – Brand, and/or Tab F - Southern - Generic) of Attachment 1 – Pricing Worksheet.

B. Schedule Delivery of ordered product shall be completed in full within thirty (30) 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”.

31. 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.

32. 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.

33. 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.

34. 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 .

35. 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.

36. CONTAINER MANAGEMENT

Take-Back container services are to be offered to all requesting agencies and include a recycling program for high-density polyethylene (HDPE) type containers. The recycling program must be certified by an ANSI-accredited third-party organization, in compliance with Food and Agriculture Code Section 12841.4 and provided at no additional cost to the State. Pesticide containers shall be picked up at least every 90 days/3 months, scheduled as mutually agreed with the State agency and taken to recycling facility within ten (10) days. A signed receipt of recycling or report is to be provided to requesting agency and must note: the number and size of containers removed, the State agency’s address where removed from and the name of the recycling facility accepting the containers. Agencies are to receive the report or recycling receipt within 30 days of request.

Returnable/refillable containers

Returnable, refillable containers must be made available to ordering agencies for any liquid chemical(s) on the contract for which they are available as standard industry practice, in the container size that is requested. The containers must have a Micromatic valve and identifying bar code or equivalent. The price charged to the agency will be the same for each chemical line item on the contract, as quoted on Attachment 1 – Pricing Worksheet, line items A46, B46, C46, D46, E46, and F46.

Returnable, refillable container pricing shall be calculated as follows:

Price of returnable/refillable container + chemical price X total number of gallons = final price

Custom Blending in Returnable/refillable containers

There is an option to order returnable, refillable containers mixed with two or more chemicals. The blending fee will be the same regardless of which chemicals are to be mixed, as quoted on Attachment 1 – Pricing Worksheet, line items A47, B47, C47, D47, E47, and F47.

Price for custom blending in returnable/refillable containers shall be calculated as follows:

Blending fee + price of returnable/refillable container + chemical prices X total number of gallons = final price

37. INVOICING REQUIREMENTS

The contractor is to render invoices as instructed on individual orders. The contractor’s invoice must include at a minimum:

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. Quantity purchased

6. Contract Unit Price and Extension

7. State sales and/or use tax

8. Prompt payment discounts/cash discounts, if applicable

9. 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) or Purchase Order in Fi$Cal under this contract is proof of funds for that order.

38. 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.

39. 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:

40. 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.

41. 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:

Procurement Division Contracts Management Unit Attn: Steve Funderburk 707 Third Street, 2nd Floor

42. 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.

43. CUSTOMER REFERENCES

Bidders shall submit three (3) customer references from different contracts using the Customer Reference Form (Attachment 4). The customer references are intended to gather information related to the bidder’s experience successfully servicing accounts similar to the requirements of this solicitation.

Customers must fully complete the Customer Reference Form and return directly to the bidder. The bidders must then submit the completed Customer Reference Forms with the bid response.

Each contract reference shall:

• Be valued at $100,000, at a minimum;

• Be for work performed within the last five (5) years;

• Have similar scope of work to that requested in this solicitation

The average score for each customer reference must be 3 or higher. If the average score on any reference is less than 3 the bid will be considered non-responsive.

Failure to submit the completed customer references will result in your bid being considered non-responsive.

44. 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.

45. 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.

46. 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.

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

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.

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

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,…