IFB__0000000417-CDCR.pdf

IMPORTANT NOTICE TO ALL BIDDERS

Solicitation No. 0000000417-CDCR

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

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 April 13, 2016

SUPPLIER NAME AND ADDRESS SOLICITATION NO. DATE DELIVERY DATE Page

0000000417-CDCR February 23, 2016 As Specified 2 of 14

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

REQ-101101 017165 600019516

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

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: Vikki Eszlinger

E-MAIL ADDRESS: Phone: (916) 375-4499

Email: Vikki.Eszlinger@dgs.ca.gov

TELEPHONE NUMBER: FAX NUMBER: Return To:

DGS/PROCUREMENT DIVISION

707 3

RD

ST., 2

ND

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.

This solicitation is a One Time Acquisition conducted by the Department of General Services, Procurement Division on behalf of the California Department of Corrections and Rehabilitation for disposable food trays as defined in Attachment 1, Specifications 7320- 3282, dated January 20, 2016. The Period of Performance will be for up to three (3) years with the option to extend for up to two (2) additional one-year periods at the bid price.

KEY ACTION DATES

Invitation for Bid (IFB) Release February 23, 2016 Supplier Registration Due Date March 3, 2016 Mandatory Pre-Bid Conference /Site Visit March 8, 2016 Last Day to Submit Questions March 15, 2016 Bid Due Date April 13, 2016 Bid Evaluations Beginning on April 13, 2016 Prototype Development Beginning on May 2, 2016 Prototype’s Due August 5, 2016 Prototype Testing Beginning on August 8, 2016 Notice of Intent to Award August 15, 2016 Contract Award August 16, 2016

The Key Action Dates identified above are the important actions and dates by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this IFB. It is the responsibility of the Supplier to ensure they comply with any addendums that may be released on CalEProcure associated with this IFB. All dates after final bid due deadline are approximate and may be adjusted as conditions indicate, without addendum to this IFB.

mailto:Vikki.Eszlinger@dgs.ca.gov

Invitation for Bid (IFB) #0000000417-CDCR Page 3 of 14

MANDATORY PRE-BID CONFERENCE / SITE VISIT

State representatives will be conducting a MANDATORY PRE-BID CONFERENCE / SITE VISIT on the date and time listed below. All bidders and/or their representatives are required to attend to discuss the details of this project and inspect the site at the California Health Care Facility in Stockton.

Bidders must contact the facility below to register and confirm their attendance no later than March 3, 2016. Bidders shall adhere strictly to the facilities proper attire as defined in Attachment 15, California Department of Corrections and Rehabilitation’s Appropriate Work Attire.

Date, time and location: March 8, 2016 AT 10:00 A.M.

California Health Care Facility 7707 S. Austin Road Stockton, CA 95215 Contact: Keith Robinson, Director of Nutrition Services Phone: (209) 467-3461

All attendees shall arrive 30 minutes in advance of the start time of the conference. Meet in the lobby of the facility to check in. The conference will start promptly at 10:00 A.M.

NO ONE WILL BE ALLOWED TO JOIN THE PRE-BID CONFERENCE / SITE VISIT AFTER 10:00 A.M.

Failure to Attend:

Only those attending the MANDATORY pre-bid conference / site visit will be eligible for award. Failure to attend WILL be cause for rejection of the bid.

In the event a prime contractor is unable to attend the mandatory pre-bid / site visit, an authorized representative may attend in their behalf. The representative shall only sign in for one (1) company.

Any verbal answers provided by the State at the pre-bid conference /site visit are non-binding.

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 1 st 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, fil ing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

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

Invitation for Bid (IFB) #0000000417-CDCR Page 4 of 14

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

QUESTIONS REGARDING THE IFB

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive process may request clarification by submitting written 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 in writing to the attention of the Procurement Official identified in this IFB. The State will answer all questions received by this date in writing without divulging the source of the query. Copies of all questions and the responses will be available via a written addendum in CalEProcure.

REQUEST TO CHANGE REQUIREMENTS OF THE IFB

Bidders may request to change requirements of the IFB if the Bidder believes that one (1) 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 (2) 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 0000000417-CDCR to the Procurement Official identified in this IFB.

SPECIFICATION COMPLIANCE

All products offered must conform to the attached Bid Specification Number 7320-3282, dated January 20, 2016.

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.

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.

METHOD OF AWARD

This solicitation shall be awarded by individual line item or "All or None” total for all line items, whichever is deemed by the State to be in its best interest.

EVALUATION METHODOLOGY

Bids will be evaluated in the four (4) phases listed below. Bidders that receive a “Pass” on a phase will continue on to the next phase in the evaluation. Bidders that pass Phases 1- 3 will continue on to Phase 4, Cost. Preferences will be applied as applicable. Award will be made to the bid that passes Phases 1-3 with the lowest overall cost in Phase 4. Bidders must receive a “Pass” during each phase to be further considered.

Evaluation Methodology

Phase 1 Administrative Requirements Pass/Fail*

Phase 2 Technical Requirements Pass/Fail*

Phase 3 Prototype Testing Pass/Fail*

Phase 4 Cost Lowest Overall Cost

SB Preference 5%

TACPA Preference 5-9%

DVBE Incentive 1-5%

The allowable maximum dollar cap for combined Preferences and incentive is $100,000.00

*Bidders receiving a “Fail” during any of the phases will not be considered any further in the evaluation.

Invitation for Bid (IFB) #0000000417-CDCR Page 5 of 14

AWARD OF CONTRACT

For the purpose of this solicitation, award will be made to the lowest responsible Bidder passing each of the three (3) phases;

Administrative, Technical Requirements, and Prototype testing.

Award of contract, if made, will be in accordance with the Evaluation Methodology above to a responsible Bidder whose bid complies with all the requirements of the IFB documents and any Addenda thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) business days after the scheduled date for Award as specified in the IFB; however, a Bidder may extend the offer beyond forty-five (45) business days in the event of a delay of award.

The State reserves the right to modify or cancel this IFB in whole, or in part.

ATTACHMENTS

The following attachments, or attached by reference, are hereby a part of this solicitation:

1. State of California Bid Specifications, Disposable Food Tray #7320-3282 of three (3) pages, dated 1/20/2016

2. Prototype Test Plan/Procedures #7320-3282PT of six (6) pages, dated 2/01/2016

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. California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions of three (3) pages, dated 09/03/09

8. Disabled Veteran Enterprise Declarations (Std. 843) of one (1) page, dated 05/2006 (if applicable)** http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

9. Postconsumer Content Certification Form (CIWMB 74) of two (2) pages, dated 4/2007

10. Darfur Contracting Act Certification of one (1) page

11. Payee Data Record (STD. 204), of two (2) pages** http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

12. 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

13. Supplier Instructions for Delivery to Institutions of three (3) pages

14. California Department of Corrections and Rehabilitation’s Appropriate Work Attire of two (2) pages

15. Alternative Protest Process Regulations of ten (10) pages

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

Please note that items #6, #8 (If applicable), #9, #10 (If applicable), #11 and #12 (If applicable) must be submitted in one (1) paper bid response in one (1) sealed envelope marked “IFB #0000000417-CDCR”. One (1) paper Cost Worksheet., Attachment #3 must be returned in one (1) separate sealed envelope marked “Cost Worksheet for “IFB #0000000417-CDCR”. The attachments stated above MUST be returned with the bid or the bid may be rejected.

DELIVERY

Deliveries shall be in accordance with a Delivery Schedule that is mutually agreed upon by the facility and the awarded Contractor.

Supplier shall deliver food trays once every other week to the facility in increments of no more than 77,000 trays, per delivery occurrence.

Deliveries shall be made during normal business hours Monday through Friday 8:00 AM to 3:00 PM.

Deliveries shall be made to the California Health Care Facility, Stockton located at:

7707 S. Austin Road Stockton, CA 95215 Contact: Emaline McDaniel Phone: (209) 467-2699

Supplier shall strictly adhere to Attachment 15, Supplier Instructions for Delivery to Institutions.

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

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/pd/poliproc/STD-843FillPrintFields.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 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf

Invitation for Bid (IFB) #0000000417-CDCR Page 6 of 14

WARRANTY

All products offered must conform to the warranty language identified in the General Provisions, 19. Warranty.

Vendor shall bear all material, labor and transportation costs for repair of defects and failures occurring within the warranty period.

OPTION TO INCREASE / DECREASE QUANTITIES

The State reserves the right to increase and/or decrease quantity up to twenty five percent (25%) at the awarded price, for up to three

(3) years from the purchase order award date.

PRICES

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).

PRICE ADJUSTMENTS

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

A. Frequency/Guidelines:

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

1. Price adjustments will not be made during the first 36 months of the contract.

2. Price adjustments after the first 36 months may only be requested no more than once within a 12 month period.

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

4. Price adjustments may only be requested when the cost of finished products based the U.S. Bureau of Labor Statistic Producer

Price Indexes (PPI) increased no less than three percent (3%). All PPI indexes are listed below. The PPI Index does not make a distinction between Green and Non-Green items.

• wpu09150999 - Paper cups, lids, sleeves, containers, plates, and bowls, trays, and containers

• wpu072a01015 - Styrofoam food containers

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

B. Request Process:

Price adjustment requests will be processed as follows:

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

2. Price adjustments requests must include:

a. A copy of the applicable Index illustrating the relevant percent increases/decreases.

b. An Excel spreadsheet detailing the requested adjustment to the contract line item(s). The spreadsheet should include the

Contract Line Item Number (CLIN), current State contract price, percent increase/decrease, and adjusted State contract price for each contract line item(s).

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

Invitation for Bid (IFB) #0000000417-CDCR Page 7 of 14

No retroactive contract price adjustments will be allowed. The State reserves the right to decrease prices in the same manner as price increase adjustments.

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

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

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

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

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

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

Note: If negotiations fail to produce any agreement, the State reserves the right to exercise Options 3a or 3d with an effective date no later than ten (10) working days after unsuccessful negotiation.

C. PRICE DECLINES

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

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: __________________________________

POSTCONSUMER-CONTENT CERTIFICATION

State agencies are required to report purchases in many product categories. In order to comply with those requirements, bidders are required to complete and return the attached Postconsumer-Content Certification form (CIWMB 74) with their bid response.

ENVIRONMENTALLY PREFERRED PURHASING (EPP) POLICY

The State of California, Department of General Services, Procurement Division (DGS PD) is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by the California Public Contract Code (PCC), Chapter 6, Sections 12400- 12404. By signing the completed bid response form, the Bidder is certifying that the products or services offered under this solicitation are in compliance with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms as referenced in PCC Section 12404.

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 http://www.boe.ca.gov/

Invitation for Bid (IFB) #0000000417-CDCR Page 8 of 14 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).

IRAN CONTRACTING ACT

Pursuant to the Iran Contracting Act of 2010 (Public Contract Code sections 2200 through 2208 are “the Act”), vendors are ine ligible to bid on, submit a proposal for, enter into, or renew any contract with the state for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities in Iran, as defined in the Act. Prior to submitting a bid or proposal and prior to executing any state contract or renewal for goods or services of one million dollars ($1,000,000) or more, a vendor must complete and return the attached IRAN Contract Act Certification form with their bid response certifying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

PALLETIZATION

All pallets employed in the delivery of goods as a result of this contract shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available. However, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the institutions than delivering at the time of delivery.

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.

CHANGE ORDERS

Any Purchase Order resulting from this bid may be amended, modified, or terminated at any time by mutual agreement of the parties in writing. Change orders amending, modifying or terminating the Purchase Order, including any modifications of the compensation payable, may be issued only by the Department of General Services State Procurement Officer. All such change orders shall be in writing and issued only upon written concurrence of the supplier. Termination, as that term is used in this section, does not include termination for default of the supplier.

http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf

Invitation for Bid (IFB) #0000000417-CDCR Page 9 of 14

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

Invitation for Bid (IFB) #0000000417-CDCR Page 10 of 14

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 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

Invitation for Bid (IFB) #0000000417-CDCR Page 11 of 14

DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE INFORMATION

DVBE PARTICIPATION REQUIREMENTS

The Department elects to waive the DVBE program requirements in this solicitation, but opts to include the DVBE Incentive. To be considered for the incentive, bidders must complete and return the Bidder Declaration GSPD-05-105 (08/09), the DVBE Declarations, STD. 843 (5/2006), and signed, written confirmation (described below). The California DVBE Bid Incentive Instructions (09/03/09) include information about the DVBE incentive.

Supplier agrees to provide verification, in a form agreed to by the state, that DVBE subcontractor participation under this agreement is in compliance with the goals specified at the time of award of contract/purchase order, or with any subsequent amendment.

DVBE COMPLIANCE AND VERIFICATION

Written Confirmation:

A written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. The written confirmation must include the solicitation number and be signed by the Bidder and DVBE subcontractor(s). The written confirmation shall include but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations shall render the bid non-responsive. If further verification is necessary, the state will obtain additional information to verify compliance with the above requirements.

Disabled Veteran Business Enterprise Declarations (Std. 843):

Per the Military and Veterans Code Section 999.2, this form must be completed and signed by all disabled veteran owner(s) and disabled veteran manager(s) when a DVBE contractor or subcontractor will provide materials, suppliers, services or equipment. The completed form should be included with the bid response. Should the form not be included with the IFB, contact the State contracting official or obtain a copy online from the Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) website at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

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

DVBE PARTICIPATION REPORTING REQUIREMENTS

If a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve disabled veteran business enterprise (DVBE) participation, pursuant to Military and Veterans Code Section 999.5, the prime 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) certify the information contained in the “Prime Contractor’s DVBE Subcontracting Report (Rev. April 2014)”* The state reserves the right to verify all of the above information. Any person or entity that knowingly provides false information shall be subject to a civil penalty for each violation as stated in Military and Veterans Code Section 999.5(d).

*This form should be provided by and returned to the ordering agency by the prime contractor. It is the prime contractor’s responsibility to ensure the form is received, completed and returned within the stated time frame.

DVBE SUBCONTRACTOR SUBSTITUTION

The supplier understand and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran business Enterprise (DVBE) subcontractor(s) identified in their bid offer, per Military and Veterans Code section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10.

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

Invitation for Bid (IFB) #0000000417-CDCR Page 12 of 14

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:

Invitation for Bid (IFB) #0000000417-CDCR Page 13 of 14

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 - IFB #0000000417-CDCR (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 Disabled Veteran Enterprise Declarations (Std. 843) of one (1) page, dated 05/2006 (if applicable) DVBE signed, written certification (if applicable) Postconsumer Content Certification Form (CIWMB 74) of two (2) pages, dated 4/2007 Darfur Contracting Act Certification Payee Data Record (Std. 204) California 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).

Manufacturer’s Summary, form (DGS/PD 525) for goods only.

Bidder’s Summary, form (DGS/PD 526) for goods and services.

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.

Invitation for Bid (IFB) #0000000417-CDCR Page 14 of 14

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.

Bids must be submitted using the two (2) envelopes as detailed below:

Envelope 1:

Must include one (1) hardcopy of all Administrative and Technical Requirements with a wet signature and be clearly marked

“ IFB #0000000417-CDCR”.

Envelope 2:

Must include one (1) hardcopy of Attachment 3, Cost Worksheet and be clearly marked “IFB #0000000417-CDCR Cost Worksheet”.

If Cost Worksheet is not submitted in this manner, the bid will be rejected.

Bidders should be aware that marking the Bid with “confidential” or “proprietary” may exclude it from consideration for award. Bids not received by the date and time specified in the Key Action Dates or not sealed, will be rejected.

Bid Delivery Location:

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

DGS Procurement Division DGS Procurement Division Attn: Bid Opening Official, 2

ND

Floor Attn: Bid Opening Official

P.O. Box 989054 707 3 rd

Street, 2 nd

Floor West Sacramento, Ca 95798 West Sacramento, Ca 95605

BID/IFB #: 0000000417-CDCR BID/IFB #: 0000000417-CDCR

Faxed and Email bid submissions will not be allowed for the solicitation.

BID SPECIFICATIONS 7320-3282

DISPOSABLE FOOD TRAY

PAGE 1 OF 3 1/20/2016

REQ-101101 DISPOSABLE FOOD TRAYS

1 SCOPE

This specification establishes the minimum requirements for disposable food tray used by California Department of Correction and Rehabilitation (CDCR) California Health Care Facility (CHCF).

2 APPLICABLE SPECIFICATIONS / STANDARDS

Specifications, codes and standards referenced in this document in effect on the opening of the Invitation for Bid (IFB) form a part of this specification where referenced. Bidders shall comply with the following standards and codes where applicable.

Code of Federal Regulation Title 21 – Food and Drugs

Code of Federal Regulation Title 7 – Agriculture

California Public Resources Code Section 42355-42358.5

American Society for Testing and Materials (ASTM) D6400-12 - Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities

ASTM D6868-11 - Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities

3 REQUIREMENTS

3.1 REGULATORY REQUIREMENTS

3.1.1 The disposable food tray (henceforth referred to as tray) shall comply with all applicable Federal & State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the trays within the commercial marketplace.

3.1.2 The tray shall be FDA approved for food contact and comply with the regulations contained within the 21 CFR Parts 170 thru 189, where applicable.

3.1.3 The tray shall comply with the California Public Resources Code Division 30, Chapter 5, §42357: “Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term "compostable," "home compostable," or "marine degradable" unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision

(b) of Section 42356 or the Vincotte OK Compost HOME certification, as provided in paragraph (4).” http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prc&group=42001-43000&file=42355-42358.5.”

3.2 GENERAL REQUIREMENTS

The tray shall be available in two types:

Bio-based

Certified Compostable

3.2.1 Bio-based tray shall:

3.2.1.1 Contain a minimum of 72% bio-based material as indicated on the Code of Federal Regulations, Title 7, Part 3201.21—Guidelines for Designating Bio-based Products for Federal Procurement.

IFB #0000000417-CDCR

Attachment 1 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prc&group=42001-43000&file=42355-42358.5 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prc&group=42001-43000&file=42355-42358.5

7320-3282

PAGE 2 OF 3 1/20/2016

REQ-101101 Disposable Food Trays

3.2.1.2 Be labeled with the “USDA Certified Bio-based Product” label at the lowest packaging label. (http://www.gpo.gov/fdsys/pkg/CFR-2012-title7-vol15/xml/CFR-2012-title7-vol15-part3201.xml

3.2.2 Certified Compostable tray shall meet the following:

3.2.2.1 Contain a minimum of 72% bio-based material as indicated on the Code of Federal Regulations, Title 7, Part 3201.21—Guidelines for Designating Bio-based Products for Federal Procurement.

3.2.2.1.1 If made with bio-plastic material, shall meet ASTM D6400 (latest version) and labeled as “Compostable.”

3.2.2.1.2 If made with biodegradable plastic coating(s), shall meet ASTM D6868 (latest version) and labeled as “Compostable.”

3.2.2.2 Certified “compostable” by Biodegradable Products Institute, Inc. and listed on BPI’s Certified Products Catalog (http://products.bpiworld.org/) by the first delivery date.

3.3 PHYSICAL REQUIREMENTS

3.3.1 Tray shall have three (3) compartments (approximately: 1000/375/360 cc by volume).

3.3.2 Tray compartments walls shall be the same height as its flange.

3.3.3 Tray shall have a depth of 2.5”.

3.3.4 Tray shall fit in the food conveyor cassettes and the Burlodge oven/food cart racks used by CDCR/CHF.

NOTE: Tray is replacing the current CDCR/CHF plastic tray made by Design Specialties, Inc., Model#: FC-431. The following dimensions are provided for information only:

Top: W 10.5” x L 9.0”

Bottom: W 8.75” x L 7.25”

Depth: 2.5”

Flange: 3/8” wide around the tray

NOTE: Bidder(s) will be afforded time to inspect/measure the food conveyor cassettes and Burlodge re-therm/food cart racks during the scheduled on-site pre-bid conference.

3.4 FUNCTIONAL/PERFORMANCE REQUIREMENTS

3.4.1 Tray shall be usable with various types of foods (watery, greasy, hot, etc.) and support food weighing up to three pounds.

3.4.2 Tray shall be microwaveable.

3.4.3 Tray flange shall support the food content when inserted onto the food conveyor cassette (food content is defined in the separate document - Prototype Test Plan).

3.4.4 Tray flange shall provide adherence surface for the CDCR/CHF…