Fencing_Repair_Services_(Addendum_#4_Revision).pdf

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Fencing Repair Services
Solicitation number
060-3089802-MB
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Orange County, San Diego City, California

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Addendum #4 Revision to Invitation for Bid for Fencing Repair Services

This document is an addendum revision to the County of Orange Sheriff-Coroner's Invitation for Bid (IFB #060-3089802-MB) for fencing repair services. The County seeks qualified contractors to provide maintenance, adjustment, replacement, installation, and corrective repairs on various types of fencing at Sheriff's Department facilities throughout Orange County, California, including chain link, coated chain link, welded wire, barbed wire, razor wire, concertina, security mesh, anti-climb mesh, gates, and associated hardware. The scope encompasses work at multiple named facilities plus additional remote communication sites. The original bid closing date was September 17, 2026, at 5:00 p.m., with a contract validity period of 365 days following the closing date. The County requires 24/7/365 emergency repair availability with response within one hour of contact and on-site technician arrival within two hours. No bidders' conference or mandatory site visit is specified in the solicitation documents.

Pricing is structured as labor-based with separate hourly rates for regular hours (Monday-Friday, 7:00 a.m. to 5:00 p.m.), after-hours, Saturday, and Sunday/holidays, with bidders proposing their own rates. Materials are charged at invoice cost plus a bidder-specified markup percentage, with actual freight and pre-approved expedited shipping costs reimbursed separately. Specialized equipment rentals are reimbursed at invoice cost plus markup. A 5% evaluation deduction applies to certified Orange County Local Small Businesses (OCLSB) or Disabled Veteran Business Enterprises (DVBE), with an 8% deduction for dual certification. The contract is partially funded by Federal Grant Funds, requiring compliance with Davis-Bacon Act, Copeland Anti-Kickback Act, and Equal Employment Opportunity provisions. Contractors must hold a current California State Contractor's License (C-13 classification), obtain valid DUNS and UEI numbers, maintain current insurance with additional insured endorsements, submit proof of an Injury and Illness Prevention Program, and provide three professional references. Award will be made to the lowest responsive, responsible bidder, with the County retaining the right to make multiple awards or reject any bids at its discretion.

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County of Orange, Sheriff-Coroner

Invitation for Bid for Fencing Repair Services IFB # 060-3089802-MB

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/ocgov

COUNTY OF ORANGE

Sheriff-Coroner

PROCUREMENT SERVICES

320 N. Flower Street, Santa Ana, CA 92703

Santa Ana, CA

92703

Date: Thursday, June 25, 2026

INVITATION FOR BIDS

FOR: FENCING REPAIR SERVICES

BID MUST BE RECEIVED BEFORE:

September 17, 2026 / 5:00 pm

IFB # 060-3089802-MB

Procurement Services Regular Office Hours:

8:00 AM to 5:00 PM

Monday through Friday

The office is closed between 12:00 PM and 1:00 PM

Table Of Contents

1. General Information

2. General Instructions

3. Federal Grant Funds

4. Protest Procedures

5. Scope of Work

6. OCLSB and DVBE Preference Policies Certification Requirements

7. Electronic Fund Transfer (EFT)

8. Pricing

9. Vendor Responses

Attachments:

A - Model Contract Fencing Repair Services

B - OCSD - Certification Regarding Anti-Lobbying

C - OCSD - Tool Control Policy

County of Orange IFB

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SECTION 1. General Information

1.1 BACKGROUND

The Orange County Sheriff’s Department, requires maintenance of various types of fencing at locations throughout Orange County, CA. Service includes, but not limited to routine adjustment, replacement, maintenance, installation and corrective repairs on an as needed basis. In addition to routine maintenance

County requires emergency services be available twenty-four (24) hours a day, seven (7) days a week, three-hundred sixty-five (365) days a year.

Work may be performed at all Sheriff’s Department maintained facilities. The service locations will be listed for informational purposes only and will not limit the work performed in this scope to these locations alone. Additional facilities not listed include various remote communication sites throughout the

County of Orange.

1.2 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Procurement Agent

(DPA), Mary Barreto, via the County’s online biding system.

1.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received within this solicitation's Question &

Answer section by Thursday, September 3, 2026 before 4:00 pm.

1.4 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this

Invitation for Bid (IFB). All questions regarding this solicitation must be submitted via the Question &

Answer section of this solicitation within the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

County's Deputy Procurement Agent, Mary Barreto, mbarreto@ocsheriff.gov, will provide all official communication concerning this IFB.

1.5 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

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1.6 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Janet Nguyen, First District Vicente Sarmiento, Second District Donald P. Wagner, Third District

Doug Chaffee, Fourth District Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator Don Barnes, Sheriff-Coroner

Shari L. Freidenrich, Treasurer-Tax Collector Andrew Hamilton, Auditor-Controller

SECTION 2. General Instructions

2.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model

Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

2.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the Vendor Responses.

2.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the solicitation deadline. If you encounter any problems with your registration, system, bid submission, or other system issues, please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

mailto:procurement-support@opengov.com

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2.4 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of

Work, Attachment A of Model Contract; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

2.5 NO SUBSTITUTIONS

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

2.6 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid.

If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

2.7 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the

Contract.

2.8 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

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A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model

Contract, Article-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s

Legal Business Name(s). Out of State Vendors are required to submit a 587/590 Form.

2.9 ACCEPTANCE/REJECTION/AWARD

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the County of Orange terms and conditions, incorporated in model contract, may deem a bid non-responsive. County may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of Orange terms and conditions.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County DPA as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

2.10 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Request a sample for determining equality with the specified brand.

B. Waive, at its discretion, any non-material defects, irregularity, or informality, which County deems correctable or otherwise not warranting rejection of the bid that do not result in any unfair competitive advantage.

C. Verify and validate any information prior to Contract Award and during the entire term of the

Contract.

D. Make multiple awards to Bidders for services requested in this solicitation, at its sole discretion, to serve the best interests of the County

E. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

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F. Negotiate the final Contract with the lowest, responsive and responsible Bidder or Bidders as necessary to serve the best interests of the County.

G. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any Bidder responding to this solicitation.

H. Award its total requirements to one Bidder or to apportion those requirements among two or more

Bidders as the County may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the

County.

I. Defer award of this Contract for a period of 180 days after the Bid opening. During this period, Bidders shall guarantee the prices quoted in their Bids. County and the lowest responsive, responsible Bidder may mutually agree in writing to extend this deferral period.

2.11 JOINT BIDS

Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

2.12 UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section

17000 et seq.) and all applicable County, State and Federal laws and regulations.

2.13 INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

2.14 AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

2.15 SAFETY DATA SHEETS (SDS)

The Contractor is required to provide a completed Safety Data Sheet (SDS) for each hazardous substance provided to the County under the Contractor’s Contract with the County. This includes hazardous substances that are not directly included in the Contract, but are included in the goods or services provided by the Contractor to the County. The provision of the SDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and

Title 8, California Code of Regulations. The SDSs for each substance must be sent to the place of shipment or provision of goods/service.

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2.16 CONTRACTOR SAFETY

Contractor shall comply with the County’s Safety and Loss Prevention Policy and Procedure#306

(“Contractor Safety Responsibilities”) and submit a copy of their Injury and Illness Prevention Program

(IIPP) and Contractor Safety-Activity Checklist to the County’s Project Manager prior to the start of any work performed under the Contract. Contractor will notify County Project Manager of any revisions to the

Safety-Activity Checklist and will provide a new Safety-Activity Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section 1509 or 3203(whichever applies).

Contractor shall submit other safety programs that pertain to the type of job that will be performed on site.

County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this Contract.

2.17 DUNS NUMBER

The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your bid submission response.

2.18 UNIQUE ENTITY IDENTIFIER NUMBER (UEI)

The County requires a valid UEI number prior to Contract Award. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your bid submission response.

SECTION 3. Federal Grant Funds

3.1 FEDERAL GRANT FUNDS

The following shall apply to purchases made through the expenditure of Federal Grant Funds by the [Department Name].

A. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387), as amended— If this Agreement is in excess of $150,000, Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations shall be reported to the Federal awarding agency and the Regional Office of the

Environmental Protection Agency (EPA).

B. Energy Policy and Conservation Act Provision: Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

C. Certifications: Federal Grant Funds: Contractor is informed and understands that this Contract is being partially funded by Federal Grant Funds. Contractor agrees to the following in relation to executing this Contract.

1. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Contract.

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2. Contractor will comply, with all requirements of the Copeland “Anti-Kickback” Act (18 U.S.C.

874) as supplemented in Department of Labor Regulations (29 CFR Part 3), as applicable.

3. Contractor will comply, with all requirements of Sections 103 and 107 of the Contractor Work and Safety Standards Act (40 U.S.C 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.”

D. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, if this

Agreement meets the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.4, the Contractor shall agree as follows:

1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. Contractor will not discharge, or in any other manner discriminate against, any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

4. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.

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339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to

Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of

Federal Contract Compliance Programs, Equal Employment Opportunity, Department of

Labor."

6. Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further

Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of

September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section

204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

a. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

E. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and

3146-3148) that Contractor shall comply with as supplemented by Department of Labor regulations

(29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor is required to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act

(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient

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F. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the

Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.

3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

G. Rights to Inventions Made Under a Contract or Agreement. If this Agreement involves a Federal award meeting the definition of “funding agreement” under 37 CFR §401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37

CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms

Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

H. Federal Grant recipients, subrecipients, contractors and subcontractors shall comply with 2 C.F.R.

§200.323, Procurement of recovered materials.

I. Contracts for more than the federal Simplified Acquisition Threshold (SAT), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council (Councils) as authorized by 41 U.S.C 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

J. All contracts in excess of the federal Micro-Purchase Threshold (MPT) must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement.

K. Federal Grant recipients, subrecipients, contractors and subcontractors shall comply with the provision at Federal Acquisition Regulation (FAR) to implement the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA) (Pub. L. No. 115-232 [2018])

Section 889 (b)(1) – Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment.

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L. Contractor shall comply with applicable provisions of Appendix II to Part 200 – Contract

Provisions for Non-Federal Entity Contracts Under Federal Awards of the Code of Federal

Regulations, (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-

Appendix%20II%20to%20Part%20200).

SECTION 4. Protest Procedures

Any actual or prospective bidder or respondent who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to Mary Barreto at mbarreto@ocsheriff.gov, as set forth herein.

PROTEST PROCEDURES

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy Procurement

Agent (DPA), Mary Barreto at mbarreto@ocsheriff.gov, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five (5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Award of Contract:

A. Protests related to the award of a contract must be submitted to the Deputy Procurement

Agent, Mary Barreto at mbarreto@ocsheriff.gov, no later than five (5) business days after the

Notice of Solicitation Ranking Results is provided by the DPA.

B. Protests relating to a proposed contract award received after the five (5) business day deadline will not be considered by the County.

C. If the five (5) business day period expires without the receipt of a protest, the department may move forward with the contract award or if necessary, file the item for approval by the Board of

Supervisors.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200

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Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy Procurement

Agent’s decision, a written appeal to the Office of the County Procurement Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the appeal, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement

Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 5. Scope of Work mailto:CPOAppeals@ocgov.com

Sheriff-Coroner - Fencing Repair Services, 060-3089802-MB Page 14 of 35

5.1 PURPOSE AND BACKGROUND:

The Orange County Sheriff’s Department, requires maintenance of various types of fencing at locations throughout Orange County, CA. Service includes, but not limited to routine adjustment, replacement, maintenance, installation and corrective repairs on an as needed basis. In addition to routine maintenance

County requires emergency services be available twenty-four (24) hours a day, seven (7) days a week, three-hundred sixty-five (365) days a year.

Work may be performed at all Sheriff’s Department maintained facilities. The service locations below are listed for informational purposes only and will not limit the work performed in this scope to these locations alone. Additional facilities not listed include various remote communication sites throughout the

County of Orange.

Orange County Sheriff’s Department Address

Aliso Viejo Sheriff’s Substation 11 Journey, Aliso Viejo, CA 92656

Brad Gates Facility 320 N. Flower St., Santa Ana CA 92703

Building 118 2651 Hotel Terrace, Santa Ana, CA 92705

Central Men’s Jail Facility 550 N. Flower St., Santa Ana, CA 92703

Commissary Building 1530 State College Blvd., Anaheim, CA 92806

Coroner 1071 W. Santa Ana Blvd., Santa Ana, CA 92703

Intake Release Center 550 N. Flower St., Santa Ana, CA 92703

Katella Academy 1900 W. Santa Ana, CA 92867

Loma Ridge Communication 2644 Santiago Canyon, Irvine, CA 92602

R & D Building 431 The City Dr. South, Orange, CA 92868

Saddleback Station 20202 Windrow Dr., Lake Forest, CA 92630

Sheriff Headquarters 550 N. Flower St., Santa Ana, CA 92703

Technology Building 1382 Bell Ave Tustin, CA 92780

Theo Lacy Facility 501 The City Drive South, Orange, CA 92868

5.2 SERVICE COORDINATION:

Shop Personnel Phone Number

North Shop

Includes Theo Lacy Jail and North County

Craft Supervisor

Shop Planner

714-935-7006

714-935-8098

Central Shop

Includes Central Jails, Headquarters, Coroner & Brad Gates

Craft Supervisor

Shop Planner

714-647-6175

714-647-4556

South Shop

Includes James A. Musick Facility and

South County

Craft Supervisor

Shop Planner

949-249-5134

949-249-5135

Contract Administrator Elizabeth Ochoa 714-935-6841

Facilities Operations Service Desk / Afterhours Dispatch 714-935-6606

5.3 COMPLIANCE:

A. Contractor shall ensure County equipment remains operational and in compliance with all State, Federal and Local laws and regulatory agencies.

B. Contractor to perform the following maintenance and service in accordance to all applicable

State, Federal and Local law and regulatory requirements.

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5.4 SERVICE REQUIREMENTS:

A. Contractor shall provide adjustment, replacement, maintenance, installation and corrective repairs to various types of fencing at various County locations.

B. Contractor shall perform service and repairs on fencing such that they are preserved or restored to effective operational condition and may be effectively used for its designated purpose.

C. Contractor shall provide sufficient, qualified, trained, experienced and certified, if applicable, personnel to service systems and equipment.

D. Contractor shall provide, all labor, supplies, supervision, tools, transportation (including parking and travel), Personal Protection Equipment (PPE) and all necessary material and equipment to perform maintenance services, including any materials, tools, and equipment for removing, maintaining, or repairing the fences; types of fencing to include but not limited to: chain link, coated chain link, rolled welded wire, line and terminal posts, fence supports, fence tie, rails, caps, tension wires, post footings, privacy screenings, slats, barbed wire, razor wire, concertina, security mesh, anti-climb mesh, anti-climb mesh, anti-climb spikes, security spikes, rolling or swing gates, gate hardware, gate accessories

E. Contractor shall have “on-hand” Material Safety Data Sheet (MSDS) for any chemical or other potentially dangerous substances while performing any service.

F. Contractor shall immediately notify authorized County representative of any site conditions or changes affecting Contractor’s ability to perform services.

5.5 CONTRACTOR REQUIREMENTS:

A. Contractor shall prepare and submit all reports and certificates on inspections, testing, maintenance and services as required by all regulatory agencies, within three (3) business days.

B. Contractor shall make its best efforts to perform ALL activities in a manner to not impact or interrupt daily County operations. If such impact or interruption is unavoidable, Contractor shall schedule and duly notify authorized County representative of pending disruption.

C. Contractors shall plan all activities to minimize the number of times entering or exiting any facility and restrict all breaks to absolute minimums.

D. Contractor shall not withhold emergency and/or any service relating to regulatory compliance and/or certification of any County equipment or property for any reason during the term of the contract.

E. All parts and materials shall be new commercial grade, meeting or exceed the Original

Equipment Manufacturers (OEM) specifications. Any part or material other than OEM) shall be approved by County prior to being utilized.

F. Contractor shall maintain sufficient materials, PPE, and supplies “on-hand” to provide services under the terms of the contract.

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G. At All Times Contractor shall keep “on-hand” spill containment equipment and kits sufficient to successfully mitigate spills and protect personnel and property while performing maintenance, service, or repairs.

H. Contractor shall perform all work in accordance with generally accepted industry “best-practices” and all health and safety regulations.

I. County shall not provide any “on-site” storage of supplies, materials or tools at any County facility.

J. Contractor shall keep all work areas clean and free from debris, rubbish, and hazardous waste.

Contractor shall dispose of all waste off County property and in accordance with all State, Federal and Local laws and regulations.

K. Contractor shall repair, at no cost to the County, any and all damages caused by Contractor and shall report all accidents, injuries, spills, unusual conditions or activities immediately to authorized County representative, regardless of magnitude.

5.6 LICENSE REQUIREMENT:

A. Contractor shall at all times, possess current applicable licenses and permits required by State, Federal and Local laws and regulatory agencies to perform tasks and duties under the contract, Including but not limited to C-13 Fencing Contract License.

B. Contractor shall furnish all pertinent licenses, permits and fees necessary to perform work under the contract.

5.7 RESERVED RIGHTS:

A. County reserves the right to use County staff to perform maintenance, service, and repairs under the contract.

B. County reserves the right to use alternate Contractors to provide services under the contract, if

Contractor fails to perform under the terms of the contract.

C. County reserves all rights to ALL information and data provided by Contractor, without further compensation.

D. The County reserves the rights to add, update, modify and improve equipment using the supplier of its choice. County may request written comments, from Contractor, on any impact affecting

Contractor’s ability to perform any tasks and duties under contract.

5.8 SECURITY, SAFETY, AND PERSONNEL:

A. Contractor and employees performing services within secured facilities shall require to submit to background screening. No unscreened or unauthorized personnel shall be allowed to perform any task or duty under the contract.

B. Contractors’ personnel shall renew background screening every (2) years, or at the request of the

County and immediately notify County of any potential changes affecting existing or future clearance.

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C. All Contractor personnel shall be identified by a distinctive Contractor logo, emblem or patch attached prominently to an outer garment. In the absence of uniforms, Contractor shall issue alternative identification. Acceptable forms include, but not limited to business cards, lanyards, or letter on Contractor letterhead. In addition to Contractors ID all Contractors’ personnel shall be required to present an acceptable valid government or state identification card (i.e. driver’s license, passport or identification card) prior to entering any secured facility.

D. During any performance of work, Contractors’ personnel shall closely monitor all tools, equipment and materials and be required to follow a specific Tool and Equipment Control Policy prior to entering and upon exiting any secure facility.

E. Contractor personnel shall not smoke (including use of any form of electronic device), use profanity or inappropriate language while on County property or performing duties or tasks under the contract.

F. Personnel shall not enter a facility, or perform any work on behalf of the County, while under the influence of alcohol, drugs or other intoxicants and shall not have any such items in their possession.

G. Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace.

H. Contractor personnel shall have NO CONTACT, either direct or indirect physical, verbal and/or written, with internees in any facility and immediately report any attempt by internee to contact

Contractor.

I. Contractor personnel shall conduct themselves in a courteous and professional manner, at all times, to County staff and the public.

5.9 EMERGENCY SERVICES:

A. Contractor shall respond within one (1) hour after receiving County emergency service request, twenty-four (24) hours a day seven (7) days a week.

B. Contractor shall have qualified, authorized technician(s) “on site” within two (2) hours of initial emergency contact.

C. Once dispatched to County, Contractor shall have all repairs completed and facility restored to fully operational status prior to leaving, unless otherwise agreed upon by County and authorized

County representative duly notified.

D. Contractor shall provide County a Work Order report detailing tasks and duties performed including the following:

a. Time of arrival

b. Time of departure

c. Brief summary of service, maintenance or repair

d. Detail of work performed (including material and parts used)

Sheriff-Coroner - Fencing Repair Services, 060-3089802-MB Page 18 of 35

e. Narrative of recommended additional work to be performed or recommended

f. Name and time of individual initiating the emergency call

g. Work or Event Number

h. Signature of County representative

5.10 EXCEPTION:

A. County recognizes certain emergencies may arise which require immediate action by Contractor, without obtaining prior authorization from County. The Contractor may complete requested service:

a. If part of an initial emergency service call

b. If deemed to be an imminent life safety repair, by authorized County representative

B. The Contractor shall obtain the name, rank, and signature of the authorized County representative requesting exception.

C. Contractor shall notify authorized County representative immediately following emergency action(s).

5.11 SCHEDULING:

A. Contractors’ personnel shall arrive at service location, as scheduled ready to begin work and perform in a skillful and competent manner.

B. Scheduled maintenance shall be performed during normal operational hours, in coordination with

County. Normal operational hours are 7:00 a.m. to 5:00 p.m. Mon-Fri (PT), excluding holidays.

C. Authorized County representative must be duly notified in advance of any service interruption by

Contractor and/or modification to scheduled maintenance.

D. In the event the Contractor dispatches a technician currently performing services for the County, technician shall ensure all County equipment is returned to full working condition prior to leaving service location. Under no circumstances shall Contractor leave County equipment out of service, for any period of time, without prior written approval.

5.12 RECORDS:

A. Contractor shall maintain detailed, true, and accurate records of all inspections, tests, certification, services and results for the term of the contract. Upon termination of contract

Contractor shall maintain all records for a minimum of three (3) additional years and made available to County without further compensation.

B. Contractor shall provide reports to County, upon request, in editable Microsoft Excel file format, containing ALL requested data parameters, in a timely manner.

C. All Work Orders shall contain corresponding information to Contractor invoices (i.e. time of arrival, time of departure, summary of request, detailed (including equipment asset numbers), Sheriff-Coroner - Fencing Repair Services, 060-3089802-MB Page 19 of 35 summary of service performed, summary of additional service required or recommended, name of

County representative initiating the service call and Work Order number).

D. Contractor shall immediately submit in writing, any condition and/or incident affecting

Contractor’s ability to perform under the contract.

SECTION 6. OCLSB and DVBE Preference Policies Certification Requirements

County of Orange Local Small Business (OCLSB) Preference and Disabled Veteran Business

Enterprise (DVBE) Preference Policies Certification Requirements

6.1 OCLSB:

Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and (2) below:

A. Local Business Requirements:

1. Maintains their principal center of operations (i.e. headquarters) within Orange County, and:

2. Has:

a. A business address located in the County of Orange that is not a post office box, or

b. A valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

B. Small Business Requirements:

1. Must be certified as a Small Business by the State of California Department of General

Services (DGS): and, C. Above requirements must be valid at the time of proposal submittal through the time of award of the contract. The terms and conditions of the contract shall additionally require the contractor to remain in compliance with the Local Business requirements (pursuant to subsection (a) above) through the term of the contract, including any extensions or renewals, and shall provide that contractor’s failure to comply may be construed by County as a material breach of the contract.

6.2 DVBE:

Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE Preference policy.

The DVBE Preference policy supports local business opportunity, economy and the development of

County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our

Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet

(A) and (B) below:

A. Must be certified as a DVBE by the State of California Department of General Services (DGS);

and, Sheriff-Coroner - Fencing Repair Services, 060-3089802-MB Page 20 of 35

B. DGS DVBE requirements must be valid at the time of bid/proposal submittal through the time of award of the contract.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in COUNTY OF

ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS in the VENDOR RESPONSES.

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

6.3 OCLSB/DVBE CERTIFICATION REQUIREMENTS:

County Of Orange Local Small Business (OCLSB) Preference And Disabled Veteran Business

Enterprise (DVBE) Certification Requirements

A. To participate as an OCLSB and/or DVBE the following requirements must be met:

1. Must be certified with State of California the Department of General Services (DGS) as a

Small Business. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

2. Must be certified with DGS as a DVBE. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

3. Maintains their principal center of operations (i.e. headquarters) within Orange County.

4. Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award. County reserves the right to verify and/or reject incomplete documents.

5. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the OCLSB Certification are required and must be returned with the solicitation response.

B. OCLSB or DVBE…

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