IFB_0000000291_-_CDFW_Event_Package.pdf

Page 1 of 10 DGS Solicitation 0000000291 - CDFW

IMPORTANT NOTICE TO ALL BIDDERS

Solicitation No. 0000000291 - CDFW

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

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STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

Invitation For Bid

DUE DATE Responses must be delivered to the Procurement Division before 2:00 PM on the Due Date March 7, 2016

SUPPLIER NAME AND ADDRESS SOLICITATION NO. DATE DELIVERY DATE Page 0000000291 - CDFW 3/1/2016 As Specified 2 of 10

PURCHASE ESTIMATE NO. AGENCY BILLING CODE AGENCY PURCHASE EST NO.

0000000003 28212 PEB53075

F.O.B. DESTINATION UNLESS

BID STATES OTHERWISE

ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED

SMALL BUSINESS?

YES NO

MANUFACTURER?

ARE YOU A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR

PREFERENCE?

_______ % CASH DISCOUNT

FOR

PAYMENT WITHIN _______

DAYS

SEE REQUIRED PAYMENT

DATE OF THE GENERAL

PROVISIONS PARAGRAPH 30.

SHIP TO:

As specified in Attachment #2 –

Delivery Locations and Schedule

NAME (PRINT):

TITLE:

SIGNATURE DATE

FOR FURTHER INFORMATION, CONTACT: 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.

Procurement Official: Eugene Shemereko E-MAIL ADDRESS: Phone: 916-617-3632

Email: Eugene.Shemereko@dgs.ca.gov TELEPHONE NUMBER: FAX NUMBER: Return To:

DGS/PROCUREMENT DIVISION

707 3RD ST., 2ND Floor (95605)

P.O. BOX 989054

W. SACRAMENTO, CA 95798

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.

The Department of General Services, Procurement Division, One Time Acquisitions Unit is facilitating this purchase on behalf of the Department of Fish and Wildlife (DFW) for twenty five thousand one hundred (25,100) lbs of Live Catfish as described in Specification (8905-3464).

SOLICITATION

Also referred to as Event.

KEY ACTION DATES

Invitation For Bid (IFB) Release March 1, 2016 Last day to submit questions March 3, 2016 Invitation For Bid (IFB) Due March 7, 2016 Notice of Intent to Award March 8, 2015 (subject to change) Contract Execution March 10, 2015 (subject to change)

METHOD OF AWARD

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

RESPONSIVE BIDDER

A supplier who is responsive submits a bid response compliant with the solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed contract.

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RESPONSIBLE BIDDER

A supplier who is responsible and submits a responsive bid is one who clearly indicates compliance without material deviation from the solicitation’s terms and conditions and who possesses the experience, facilities, reputation, financial resources and other factors existing at the time of contract award.

ADDITIONAL TERMS AND CONDITIONS

The state objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting a bid, the bidder agrees that any additional terms and conditions whether submitted intentionally or inadvertently, shall have no force or effect. Bids with terms and conditions attached may be subject to rejection.

QUESTIONS REGARDING THE IFB

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive IFB process may request clarification by submitting questions by the date(s) identified in the key action dates, to the Procurement Official identified in this IFB. If a Bidder submits a question after the scheduled date(s), the State will attempt to answer the question but does not guarantee that the answer will be prior to the bid due date.

Note: Questions are to be submitted by email to the solicitation contact, answers will be posted via and Event Addendum.

REQUEST TO CHANGE REQUIREMENTS OF THE IFB

Bidders may request to change requirements of the IFB if the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints on the Bidder in proposing less costly or alternate solutions. The Bidder shall submit recommended change(s) and facts substantiating the recommended change by the date(s) identified in the key action dates or two days prior to the bid due date (if no key action dates), in an email or envelope clearly marked “Request to Change Requirements of the IFB 0000000291” to the Procurement Official identified in this IFB.

ATTACHMENTS

The following documents are attached, or attached by reference, and part of this solicitation:

1. Attachment #1 - Specification (8905-3464) for Live Catfish of three (3) pages, dated February 26, 2016

2. Attachment #2 - Delivery Locations and Schedule of two (2) pages

3. Attachment #3 - Cost Worksheet of one (1) page

4. Bidder’s Instructions (GSPD-451) of three (3) pages, dated 11/09/2011** http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

5. General Provisions (GSPD-401) of seven (7) pages, dated 06/08/2010** http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf

6. Bidder Declaration Form (GSPD-05-105 REV 08/09) of two (2) pages

7. Darfur Contracting Act Certification of one (1) page 8 . Payee Data Record (STD. 204), of two (2) pages** http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

9. TACPA Preference Forms** http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf

10. Alternative Protest Process Requirements of ten (10) pages

** These documents are incorporated by reference and located at the link provided.

Please note that items #3, #6, #7, #8, AND #9 (if applicable) MUST be returned with the bid or the bid may be rejected.

http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

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PRICES

Prices are to be entered on the Cost Worksheet and shall be included with the hard copy bid submission. Pricing shall be all inclusive.

Only the prices/charges submitted in the bid response shall be accepted and included in the awarded contract.

For the purpose of this bid, only bids quoted F.O.B. Destination, Freight Prepaid, will be accepted. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the Contract. International shipments will be Delivered Duty Paid (DDP). Import Costs, duties, taxes, value added tax or any other transportation or customs costs will not be paid by the State unless expressly included and itemized in the Contract.

Sales tax is not to be included on the bid or in the bid pricing. If awarded this bid, 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, unless the deliverable is a vehicle, in which case the sales tax rate applied should be based on the rate where the vehicle will be registered with the California Dept. of Motor Vehicles (DMV).

ALTERNATIVE PROTEST PROCESS

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

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

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

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

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

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

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 1st working day after issuing the notice of intent, as specified in the solicitation.

Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

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

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

Protest bond requirement: bond amount for this Alternative Protest Process shall be ten (10) percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

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CALIFORNIA SELLER’S 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.)

For instructions on how to obtain a California Sellers Permit number or register to do business in the State of California, visit the Board of Equalization website at www.boe.ca.gov.

Retailer’s Seller’s Permit Number: __________________________________

BIDDER DECLARATION FORM

All bidders must complete the Bidder Declaration Form GSPD-05-105 and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract; this includes equipment manufacturers, equipment distributors and resellers. A subcontractor is any person, firm, corporation, or organization contracting to perform any part of the prime’s 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.

If claiming the non-small business subcontractor preference, the form must list all the California small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price. All certified small businesses must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837 (d)(4).

DARFUR CONTRACTING ACT CERTIFICATION

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on the Attachment).

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the Attachment).

PAYEE DATA RECORD

Bidders shall complete and sign the Payee Data Record (STD. 204) and submit with IFB submittal. An electronic version of this form can be found at:

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

PROHIBITION ON TAX DELINQUENTS BIDDING (AB 1424)

Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. This section applies to contracts executed on or after July 1, 2012. The Franchise Tax Board (FTB) and the California Board of Equalization (BOE) will post and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. Starting on July 1, 2012 prior to executing contracts state agencies must check the FTB and BOE lists to ensure the proposed awardee/vendor is not on either list. If the proposed awardee is on either list the bid may be considered non-responsive.

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

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CALIFORNIA CERTIFIED SMALL BUSINESS AND PREFERENCE(S) INFORMATION

SMALL BUSINESS PREFERENCES AND CERTIFICATION

Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Small Business Nonprofit Veteran Services Agencies (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.

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.

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

SMALL BUSINESS REGULATIONS

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 are revised, effective 9/09/04. The new regulations can be viewed at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx. Access the regulations by clicking on the “Small Business Regulations” in the right sidebar. For those without internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services (OSDS) at (916) 375-4940.

SMALL BUSINESS PARTICIPATION REPORTING REQUIREMENTS

Per Government Code 14841, if a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve small business participation, the contractor must within sixty (60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) report to the awarding department the actual percentage of small business participation achieved.

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.

If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one of more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must 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. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

http://www.dgs.ca.gov/pd/Programs/OSDS.aspx

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TACPA CONTRACT PREFERENCE

This solicitation contains the Target Area Contract Preference Act (TACPA) preference request forms. Please carefully review the forms and requirements. If applying for this preference, bidders must submit the preference request forms listed in the Attachments section of this document. Denial of TACPA preference requests is not a basis for rejection of the bid.

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 preference requested.

Contracts awarded with 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 TACPA preference should be directed to the Department of General Services, Procurement Division at

(916) 375-4609.

TACPA Preference Request (STD 830): http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf

Bidder’s Summary of Contract Activities and Labor Hours: http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

Manufacturer’s Summary of Contract Activities and Labor Hours: http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE INFORMATION

DVBE PARTICIPATION REQUIREMENTS

For the purposes of this solicitation, the Disabled Veteran Business Enterprises (DVBE) participation requirement and incentive have been waived.

http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

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SPECIFICATION COMPLIANCE

The bidder must indicate below if the product or products offered on this bid complies in all respects with the attached specifications.

YES_________ NO*_________

If the bidder has indicated that the product offered does not comply in all respects with the attached specifications, he is to list below, in detail, any and all deviations.

*If the product does not comply you may request modifications, revisions or possible alternatives to be reviewed PRIOR to the bid submission date by submitting your request to the Procurement Official. Any deviations listed below may cause your bid to be deemed non-compliant.

LIST DEVIATIONS:

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RESPONSE CHECKLIST

The following checklist identifies the applicable items that must be completed and returned in order to be evaluated for award:

Signed State of California – DGS Procurement Division - solicitation document (with all fill-in spaces completed) Cost Worksheet of one (1) page Bidder Declaration Form (GSPD-05-105 REV 08/09) of two (2) pages Darfur Contracting Act Certification Payee Data Record (Std. 204) Seller Permit Information

Failure to return any of these items with your bid response may result in your bid being considered non-responsive.

The following items must be returned with the bid response only if your intention is to claim the applicable bidder preference, if you are not claiming the preference you are not obligated to fill out and/or return any of the following forms.

Target Area Contract Preference Act (TACPA), request form (Std. 830).

Note: The State makes no warranty that the checklist is a full and comprehensive listing of every requirement specified in the IFB.

Checking off the items on the checklist does not establish your firm’s intent nor does it constitute responsiveness to the requirement(s).

The checklist is only a tool to assist participating bidders in compiling their final bid response. Bidders are encouraged to carefully read the entire IFB. The need to verify all documentation and responses prior to the submission of final bids cannot be over emphasized.

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BID SUBMISSION INSTRUCTIONS

This document is intended to assist bidders with standard instructions for how and where to submit a bid. The state makes no warranty that following these instructions will ensure a compliant submission. Bidders are required to carefully read the solicitation document and adhere to any other submission requirements. If there is a question regarding how to submit a bid, contact the Procurement Official listed on the first page of the solicitation document for assistance.

Bidders are required to submit a complete Paper Bid by the due date and time identified in this solicitation.

Award Note: In order to receive an award, Bidder must register their company with CalEprocure. In case of a delay in the processing time, do not wait until the bid due date to verify company status.

PAPER BID SUBMISSION

For evaluation purposes, the paper bid shall be complete and include all of the required bid submittals in order to be deemed responsive to the bid requirements. Please make sure that you have included either pricing worksheet, if applicable or screen prints of the pricing pages from BIDSYNC included in your paper bid. If the paper bid response is incomplete and/or includes discrepancies, you may be deemed non-responsive and subject to the rejection process.

States Own Bid Form: Only bids quoted on the State's own bid form will be considered. Bids submitted referencing supplier attachments which include legal terms and conditions that conflict with the State's General Provisions shall be considered non-responsive and such bids may be rejected. Unless otherwise stated in the bid document, please DO NOT submit bids in binders or using plastic combs.

Submission Methods: Bidder may submit their paper bid using the following methods unless stated otherwise in the bid documents.

Identify all mailed/couriered/hand-delivered bid packages by clearly writing on the outside of the envelope the Invitation for Bid Number (Ex: IFB # 0000000291 - CDFW).

POSTAL MAIL COURIER (FED EX/UPS/ETC.) OR HAND DELIVER

DGS Procurement Division DGS Procurement Division Attn: Bid Opening Official, 2ND Floor Attn: Bid Opening Official P.O. Box 989054 707 3rd Street, 2nd Floor West Sacramento, Ca 95798 West Sacramento, Ca 95605

BID/IFB #: 0000000291 - CDFW BID/IFB #: 0000000291 - CDFW

FACSIMILE (FAX)

Faxed bids will be considered for the solicitation only if they are sent to (916) 375-4613. Bids sent to any other fax number will not be considered. Only pages of the faxed bid received prior to the bid opening time specified in the solicitation will be considered the “complete bid”. Please be advised that there is a heavy demand placed on the fax machine receiving bids and the State assumes no responsibility if a supplier cannot transmit their bid via fax or if the entire bid is not received prior to the bid opening time.

E-MAIL

E-mail bid submissions are NOT accepted.

AWARD NOTIFICATION

If you would like to receive notification of the bid results and intended awardee please include a “Notice of Intent to Award” request along with your fax and/or e-mail address with your bid response.

STATE OF CALIFORNIA

BID SPECIFICATION 8905-3464

LIVE CATFISH

HUNDAL, J. PAGE 1 OF 3 FEBRUARY 26, 2016

0000000003 LIVE CATFISH

1. SCOPE

This specification describes the requirements for a channel Catfish that will be delivered to Department of Fish and Wildlife location through out the state.

2. APPLICABLE SPECIFICATIONS / STANDARDS / CODES

Specifications and standards referenced in this document are in effect on the opening of the invitation for bid form a part of the specification where referenced.

3. DEFINITION

The species channel catfish (Ictalurus punctatus), for the purposes of these specifications, is hereinafter referred to as "catfish". No other species or hybrid with other species is acceptable without prior written approval of the California Department of Fish and Wildlife (CDFW).

4. CONTRACTOR QUALIFICATION

4.1 The Contractor must be a State of California Registered Aquaculturist at the time of making the offer to sell catfish to the State and throughout the full term of the contract. The fish delivered in this contract shall be reared in facilities operated by the Contractor or by Sub-contractors who meet the same license, registration, and certification requirements listed throughout these specifications. Contractor is responsible for ensuring and providing proof of all Sub-contractors’ compliance.

4.2 The Contractor and any Sub-contractors shall rear said fish in California waters, in accordance with Section 171, Title 14, CA Code of Regulations (CCR), prohibiting the importation of live catfish from outside of the state.

4.3 The Contractor shall have facilities and equipment available to load, transport, and deliver the catfish herein specified so that they will not be injured or destroyed during transit or stocking.

5. PRACTICES PROHIBITED

5.1 The Contractor will use minimal concentrations of the appropriate chemicals to abate foaming or to reduce respiratory rates during transport. The state may require information relating to the composition and dosage of any chemicals used.

5.2 Misrepresenting or concealing any fact concerning the species, health, condition, size, age, diet, or source of origin of any catfish to be delivered or misrepresenting the total weight of delivery, location, or time of fish planting events is prohibited.

5.3 The State may, without prejudice to any other remedies it may have, terminate this contract at any time during the term thereof in the event the Contractor knowingly violates any part of this agreement, or conducts itself in such a manner as to be in violation of any law, code section, or ordinance.

6. QUALITY INSPECTIONS, REPORTING, AND HEALTH REQUIREMENTS

6.1 The State may sample and inspect fish, transport water, and transport equipment prior to or during loading, transport, or stocking to assess overall fish health, and for the presence

Attachment #1 Contractor Name

IFB 0000000291 - CDFW

8905-3464

HUNDAL, J. PAGE 2 OF 3 FEBRUARY 26, 2016

0000000003 LIVE CATFISH

of Aquatic Invasive Species (AIS), and may reject deliveries if fish are deemed to be diseased or in poor health, or if AIS are present.

6.2 Fish, delivery water, and equipment shall be free of detectable life stages of AIS, including but not limited to Quagga Mussel (Dreissena rostriformis bugensis), Zebra Mussel (Dreissena polymorpha), and New Zealand Mudsnail (Potamopyrgus antipodarum).

6.3 The Contractor may refer to the following:

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=9938 for information on AIS relative to aquaculture and monitoring aquaculture facilities. Appendix II has a number of outdated contacts, and is superseded by https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=4955.

6.4 Fish shall be off feed long enough prior to delivery to assure empty stomachs during transport and stocking.

6.5 The State further retains the right to cancel this contract in part or in total upon finding any of the diseases listed in Section 245, Title 14, CCR. Loads of catfish that may, in the opinion of the State, infect any wild or native fish, or catfish delivered pursuant to this contract which may be deemed unsuitable for release into a recreational fishery, will be rejected and not considered part of this contract.

7. DELIVERY

7.1 The State shall have a CDFW staff member or its designated agent receive and inspect each shipment at the point of the stocking event. Said receiver will confirm shipment quantity, overall health and quality of fish, and ensure that water temperatures of transport water and receiving waters are acceptably equalized before release. The Contractor shall not release fish to receiving waters before the approval of said CDFW staff or its designee.

7.2 The health and condition of the fish shall be acceptable to CDFW and all dead or dying fish at delivery shall be removed from the site by the Contractor and the weight of such fish subtracted from the total weight of the load.

7.3 The accurate weights of delivery loads shall be guaranteed by the Contractor, and may be confirmed by CDFW or its designee either by direct weighing using an accurate, calibrated scale or by water displacement method. CDFW or its designee may confirm delivery load weights during loading or prior to release during the planting event.

7.4 At the time of each planting event, the Contractor shall furnish the State with an invoice in triplicate, setting forth the following: 1) Department of Fish and Wildlife contract number, 2) name of business, 3) business address, 4) business telephone number, 5) business contact person, 6) date of planting event, and 7) number of pounds of catfish planted in each lake.

7.5 The delivery schedule included in the solicitation includes tentatively scheduled dates and is intended for Contractor information/bidding considerations. In the event of conditions beyond the control of the parties, or unanticipated conditions of the lake at the time of entering into this Agreement, the State reserves the right to postpone dates and change

Attachment #1

8905-3464

HUNDAL, J. PAGE 3 OF 3 FEBRUARY 26, 2016

0000000003 LIVE CATFISH

locations, as well as increase the poundage at one or more locations listed on the delivery schedule.

The State will not alter (increase or reduce) the total poundage over the term of the Agreement, but may adjust the listed per lake poundage in order to meet the total poundage identified in the Agreement.

For sudden and unexpected situations that require a change in the delivery schedule such as predicted inclement weather, public safety, or water quality/quantity issues, the State will provide the Contractor at least forty-eight (48) hours advance notice of the delivery change, in writing.

For all other changes to the delivery schedule the State will notify the Contractor in writing at least seven (7) days in advance of the rescheduled delivery. Rescheduled deliveries may be set for the originally scheduled locations on a future date, or an additional delivery during the term of the Agreement to one of the other locations listed on the schedule. For any changes that involve the selection of an alternate stocking location, the State will identify a site within fifteen (15) miles of the originally scheduled location.

The State may opt to increase delivery poundage for one or more upcoming scheduled locations in order to distribute the total amount of poundage to be stocked during the term of the Agreement.

For all changes to the delivery schedule the State will provide the Contractor with an amended purchase order containing the revised delivery schedule.

Attachment #1

Attachment #2

Attachment #2

ITEM # DESCRIPTION UOM QUANTITY UNIT PRICE* EXTENDED TOTAL

1 Live Channel Catfish as described in Bid Specifications 8905-3464 LBS 25,100

ATTACHMENT #3 - COST WORKSHEET

*Unit Cost must include both shipping and handling TOTAL:

State of California—Department of General Services, Procurement Division

GSPD–05–105 (REV 03/15)

BIDDER DECLARATION

Solicitation Number

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, NVSA, DVBE): or None (If “None”, go to Item #2)

b. If you are a California certified DVBE, percentage of DVBE participation and/or incentive claimed? %

c. Will subcontractors be used for this contract? Yes No (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

d. If you are a California certified DVBE: (1) Are you a broker or agent? Yes No

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes No N/A

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Phone Number & Fax Number

Subcontractor Address & Email Address

CA Certification (MB, SB, NVSA, DVBE or None)

Work performed or goods provided for this contract

Corresponding % of bid price

Good Standing?

51% Rental?

CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

Page of

0000000291-CDFW

1 2

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 03/15) Instructions

BIDDER DECLARATION Instructions

All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

• Microbusiness (MB)

• Small Business (SB)

• Nonprofit Veteran Service Agency (NVSA)

• Disabled Veteran Business Enterprise (DVBE)

1.b. For a California certified DVBE, enter the percentage of DVBE participation and/or incentive claimed.

1.c. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.d. This item is only to be completed by businesses certified by California as a DVBE.

(1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.

(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page of ” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page of ” accordingly.

Z:\Acquisitions\One Time Acquisitions\FORMS-IT\MASTER-BidDeclar08-09Wordconv.docx

2. (continued) Column Labels

Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website (www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:

• Possesses valid license(s) for any license(s) or permits required by the solicitation or by law

• If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, NVSA, and/or DVBE status

51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable),“Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:

• Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or

• Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a

DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the sub-contractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.

Read the certification at the bottom of the page and complete the “Page of ” accordingly. 2 2

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below.

This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

IFB 0000000291 - CDFW

ALTERNATIVE PROTEST PROCESS

REGULATIONS

IFB 0000000291 - CDFW

California Code of Regulations, Title 1, Division 2.

Chapter 5. Procedures for Conducting Protests Under the Alternative Protest Process

Article 1. General Provisions

§1400. Purpose; Scope of Chapter.

Protests under the Alternative Protest Pilot Project (AB 1159, Chapter 762 of 1997 Statutes, Public Contract Code Division 2, Part 2, Chapter 3.6 (sections 12125-12130)) shall be resolved by arbitration as defined and established by this chapter.

NOTE

Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.

HISTORY

1. New chapter 5 (articles 1-3), article 1 (sections 1400-1404) and section filed 8-18-98; operative 8-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 34).

§1402. Definitions.

(a) Arbitration, as used in this chapter, means a dispute resolution procedure in which the

Department of General Services, Office of Administrative Hearings provides a neutral third party who decides the merits of a protest and issues a binding decision to the Parties.

(b) Awardee includes Proposed Awardee and means the person or entity that was a successful bidder to a Solicitation and has been, or is intended to be, awarded the contract.

(c) Close of Business, as used in this chapter, means 5p.m. Pacific Standard Time (PST) or Pacific Daylight Time (PDT), as applicable.

(d) Contracting Department means either Procurement or the department which has applied and been approved by the Department of General Services to conduct the Solicitation under the Alternative Protest Pilot Project (Public Contract Code sections 12125-12130.).

(e) Coordinator means the person designated as the Alternative Protest Pilot Project Coordinator by the Department of General Services, Procurement Division, to coordinate all aspects of the Solicitation under the Alternative Protest Pilot Project (Public Contract Code sections 12125-12130).

(f) Estimated Contract Value means the value of Protestant's bid.

(g) Frivolous means a protest with any or all of the following characteristics:

(1) It is wholly without merit.

(2) It is insufficient on its face.

(3) The Protestant has not submitted a rational argument based upon the evidence or law which supports the protest.

(4) The protest is based on grounds other than those specified in section 1410.

(h) Major Information Technology Acquisition means the purchase of goods or services, or both, by a state agency, through contract, from non-governmental sources, that has significant mission criticality, risk, impact, complexity, or value attributes or characteristics. Pursuant to subdivision (e) of Section 11702 of the Government Code, these purchases shall include, but not be limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications that include voice, video, and data communications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.

IFB 0000000291 - CDFW

(i) OAH means the Department of General Services, Office of Administrative Hearings.

(j) Party means the Procurement Division of the Department of General Services, the

Contracting Department, the Awardee, and Protestant(s).

(k) Procurement means the Procurement Division of the Department of General Services.

(l) Protestant means a person or entity that was an unsuccessful bidder to a Solicitation under the Alternative Protest Pilot Project (Public Contract Code sections 12125- 12130) and that protests the award.

(m) Small Business means a Certified California Small Business, pursuant to Government Code Division 3, Part 5.5, Chapter 6.5 (commencing with section 14835) and Title 2, California Code of Regulations, section 1896.

(n) Solicitation means the document that describes the goods or services to be purchased, details the contract terms and conditions under…