IFB_10197200_Industrial_Hygiene_Solicitation.pdf

STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES

715 P STREET, 7th FLOOR P.O. BOX 942836

SACRAMENTO, CA 94236-0001

Rev. 12-8-2023

INVITATION FOR BID

Notice to Prospective Bidders March 22, 2024

You are invited to review and respond to this Invitation for Bid (IFB) number 10197200 for Certified Industrial Hygiene (CIH) services. The anticipated term of this agreement is 3 (three) years. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services (DGS) website:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State. The Certification will be kept on file in a central location.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Inquiries regarding the processing of this bid should be referred to Carley Porter at (916) 902-6930.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, Susan Lemmon Branch Manager, Facilities and Property Branch Division of Business Services

Attachment(s) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

IFB# 10197200

TABLE OF CONTENTS

Page

Notice of State Program Participation Requirements 4 Bidder Minimum Qualifications 5 Bid Requirements and Information 5 Bid Key Action Dates 5 Questions and Answers 6 Submission of Bid 6 Evaluation and Selection Process 8 Tax Delinquent Status Verification 8 Award and Protest 9 Disposition of Bids 9 Standard Conditions of Service 10 Payee Data Record (Std. 204) 10 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Small Business Preference Program 10 Non-Small Business (NSB) Preference Application 14 Bid Checklist 17 Attachment I – Bid Sheet 18 Attachment II – Bid/Bidder Certification Sheet 19 Completion Instructions for Bid/Bidder Certification Sheet 20 Attachment III – Bidder References 21 Attachment IV – Darfur Contracting Act Certification 22 Attachment V – California DVBE Program Requirements (DWR 9526) 23 Attachment VI – DVBE Declarations (Std. 843) 25 Attachment VII – Bidder Declaration (GSPD-05-105) 26 Attachment VIII – California Civil Rights Laws Attachment 28 Sample Contract – Standard Agreement (Std. 213) 29 Exhibit A – Scope of Work 30 Attachment 1 -- Sample Work Order 34 Exhibit B – Budget Detail and Payment Provisions - Private Entities 35

Attachment 1 – Bid Sheet Placeholder 36 Exhibit C – General Terms and Conditions 37

Exhibit D – Special Terms and Conditions for Department of Water Resources – Over $10,000 Standard Payable (DWR 9544) 38

Attachment 1 – Recycled Content Certification Form (DWR 9557) 41 Exhibit E – Additional Provisions 43

Attachment 1 – Standard Contract Provisions Regarding Political Reform Act Compliance 49

Attachment 2– Protection of Confidential and Sensitive Information 50 Attachment 3– Non-Disclosure Certificate 52 Attachment 4– DVBE Activity Report Form (DWR 9553) 53 Attachment 5 – Small Business/DVBE Subcontractor Payment Certification (DWR 9683) 55

NOTICE OF STATE MANDATED SB/DVBE PROGRAM

PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

This solicitation has been exempted from DVBE Participation Program requirements. Firms responding to this solicitation are not required to comply with DVBE program requirements.

However, for those firms voluntarily utilizing DVBE subcontractors, there will be an incentive applied to the level of DVBE participation identified in the bid response not to exceed five (5) percent. Application of the incentive may place the bidder in line for bid award. Application of the incentive will not displace a certified small business with that of a non-small business. DVBE Incentive information and forms are found within the solicitation as DWR Form 9526, Attachment V.

Small Business Program Information

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the Department of General Services, Office of Small and DVBE Business Services (OSDS) by the bid due date by close of business. Bidders seeking small business certification status must also notify the State in writing at the time of bid submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact the DGS Office of Small Business and DVBE Services (OSDS) at internet website https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS or call

(916) 375-4940 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact the Department of Water Resources SB/DVBE Program Manager at (916) 820-7833, or email SB.DVBE@water.ca.gov.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS mailto:SB.DVBE@water.ca.gov

A. Purpose and Description of Services

The Contractor will provide to the Department of Water Resources (DWR), Certified Industrial Hygienist (CIH) services statewide on an as-needed basis. These services are necessary to identify when work conditions are not safe for DWR employees by testing for asbestos, lead, mold and various other environmental issues.

B. Bidder Minimum Qualifications

1. The Prime Contractor must have 3 employees that are Certified Industrial Hygienists (CIH) and 2 that are Certified Asbestos Consultants (CAC).

2. The Prime Contractor’s principal business must be as an occupational health professional CIH company for at least 5 years. Prime Contractor must provide one invoice from each of the past 5 years as proof.

3. The Prime Contractor must be able to service various DWR locations throughout the State of California.

4. The Prime Contractor must be able to respond to emergency work within 4 hours of the request and have staff onsite for testing within 24 hours. Emergency test results must be available within 24 hours of testing.

5. Prime Contractor’s CIH staff must have valid certifications from the American Board of Industrial Hygiene as an Industrial Hygienist.

6. Prime Contractor’s CAC staff must have valid certifications from the California Department of Occupational Health as a Certified Asbestos Consultant.

7. The Prime Contractor must provide 3 public sector work references.

8. The Prime Contractor must use a dedicated lab or dedicated subcontracted lab.

9. Copy of resumes of Prime Contractor’s staff members including the CIH’s and CAC’s.

C. Bid Requirements and Information

1. BID KEY ACTION DATES

All bidders must adhere to the following time schedule.

IFB available to prospective bidders on Monday, March 25, 2024 at 12:00 pm Technical questions must be submitted by Wednesday, April 3, 2024 at 12:00 pm Answers to technical questions will be disseminated by Monday, April 8, 2024 at 12:00 pm Bids must be received by Friday, April 19, 2024 at 4:00 pm Bid opening to be held on Tuesday, April 23, 2024 at 10:00 am Anticipated start date of agreement is July 2024

Bid Openings: Sealed bids will be publicly opened and read via a TEAMS link. You may participate using the link provided below.

Topic: Public Bid Opening 10197200 Certified Industrial Hygiene Services Time: Tuesday, April 23, 2024 at 10:00 am

Join TEAMS Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzljMzc3OTMtMTQxMi00NmJmLTliODQtYzc1NjAxODQzYmMz%40th read.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd- 7fd177884564%22%2c%22Oid%22%3a%226fb2c282-c72f-49de-a528- 874920921b32%22%7d

Or by Telephone (audio only):

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzljMzc3OTMtMTQxMi00NmJmLTliODQtYzc1NjAxODQzYmMz%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226fb2c282-c72f-49de-a528-874920921b32%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzljMzc3OTMtMTQxMi00NmJmLTliODQtYzc1NjAxODQzYmMz%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226fb2c282-c72f-49de-a528-874920921b32%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzljMzc3OTMtMTQxMi00NmJmLTliODQtYzc1NjAxODQzYmMz%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226fb2c282-c72f-49de-a528-874920921b32%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzljMzc3OTMtMTQxMi00NmJmLTliODQtYzc1NjAxODQzYmMz%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226fb2c282-c72f-49de-a528-874920921b32%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzljMzc3OTMtMTQxMi00NmJmLTliODQtYzc1NjAxODQzYmMz%40thread.v2/0?context=%7b%22Tid%22%3a%22b71d5652-4b83-4257-afcd-7fd177884564%22%2c%22Oid%22%3a%226fb2c282-c72f-49de-a528-874920921b32%22%7d

Dial: 1 916-573-2034 994260566# Phone Conference ID: 994 260 566#

*Please note that the bid opening via TEAMS will be visual only with no opportunity for questions and answers.

2. LOCATION WHERE WORK WILL BE PERFORMED:

All DWR office locations throughout the State of California.

QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to carley.porter@water.ca.gov and received by the State Wednesday, April 3rd at 12:00 pm. The State’s representatives will provide answers in writing to all potential bidders by Monday, April 8th at 12:00 pm.

3. SUBMISSION OF BID

a. Bids must be submitted by mail, hand delivery, UPS, express mail, or Federal Express.

i. Bids by USPS must be submitted to:

Department of Water Resources Contract Services Attn: Carley Porter P.O. Box 942836

715 P Street Sacramento, CA 94236-0001

ii. Bids by hand delivery, must be submitted to Carley Porter on or before Friday, April 19th at 4:00 pm. Please coordinate a day and time via phone (916) 902-6930 or email carley.porter@water.ca.gov no later than one week before the bid due date.

iii. Bids by UPS, express mail, or Federal Express must be submitted to:

Contract Services Attn: Carley Porter

Sacramento, CA 95814

b. All bids must include original signatures on the following documents: Bid/Bidder Certification

Sheet and any other documents specified in the Bid Checklist.

c. Bids not including the documents identified in the Bid Checklist shall be deemed non-responsive and will be rejected.

d. All bids are to be sent to DWR within the time frame indicated in the Time Schedule. Bids received after the due date and time will be returned unopened to the prospective bidder.

mailto:carley.porter@water.ca.gov

e. All bids must be submitted under sealed cover. The sealed cover must be plainly marked with the IFB title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

f. Bids not submitted under sealed cover will be rejected. A minimum of two signed bids must be submitted. One bid must be submitted in hardcopy. One bid must be submitted in an electronic format (Word and/or PDF File) on a USB Drive. Both bids must be signed and submitted in the same envelope. USB Drives can be returned at the request of the bidder once the solicitation is concluded.

g. Bids must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the bid.

h. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

i. A bid may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with the objectives if awarded the Agreement. The State may reject all bids if deemed necessary.

j. Costs for developing bids and preparation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State.

k. This IFB must be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

l. A bidder may modify a bid after its submission by withdrawal and resubmission before the bid due date. Modification of a bid offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw their bid by submitting a written request to the State for its withdrawal, signed by the bidder or an agent authorized in accordance with Paragraph l above. A bidder may thereafter submit a new bid before the bid submission deadline. Bids may not be withdrawn after the bid due date. Bids received after the due date and time will be returned unopened to the prospective bidder.

n. DWR may modify the IFB prior to the date fixed for submission of bids by the issuance of an

Addendum to all parties who received a bid package.

o. If all bids are too high, DWR is not required to award an Agreement.

p. Bids are public upon bid opening.

q. Bidders are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the bid documents. Bidders should carefully proof read documents for errors and adherence to the IFB requirements prior to bid submittal.

r. Where applicable, the bidder should carefully examine the worksite and specifications.

Bidder shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

s. Public Bid Openings may be conducted in person or online. Bid openings conducted online will be done virtually using TEAMS. You may participate using the link provided in the solicitation under Section C Paragraph 1 above.

5. EVALUATION AND SELECTION PROCESS

a. The State will put each bid through a process of evaluation to determine the responsiveness of bidders to the State's needs. The final selection will be made on the basis of the lowest responsible bid meeting the specifications.

b. Bids containing false or misleading statements or providing references that do not support an attribute or condition claimed by the bidder may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

c. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

d. Bids submitted that include option years will be evaluated based on the total bid amount for all years provided for the overall bid ranking. However, the total bid amount, for determining the contract amount will not include the option years.

e. The contract will be awarded to the lowest responsible bidder after consideration of any applicable preferences. If there are tied bids, representatives of the State will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two or more State employees.

6. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all proposing firms and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing firms or subcontractor listed as tax delinquent shall result in a proposal rejection and will not be considered for contract award. Proposing firms wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10295.4.&lawCode=PCC

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

8. AWARD AND PROTEST

A bidder may protest the award of a contract on the grounds that it (the bidder) is the lowest responsible bidder meeting the specifications and should therefore be awarded the contract.

A protestant must be able to prove that the awarding agency has committed a material error in the conduct of the bid award process.

Public inspection of all bids will be allowed after the bid opening.

Protests must be received in a timely manner pursuant to Public Contract Code Section 10345, as applicable. In order to be considered timely, a protest must be filed with the State Agency conducting the solicitation and DGS before the contract award is made.

Please note that if the award will be made to other than the low bidder, any protests must be filed within five business days of notice to the low bidder that the contract was awarded to another bidder. If a written request was submitted by a bidder to the State agency requesting that a notice of intent to award be posted, the protest must be filed during the five business days the notice is posted.

Within five business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

Both the original protest and/or the detailed statement of protest, if any, must include the IFB number, the name of the State Agency conducting the solicitation, State agency contact person, and protestant’s fax number, if any.

The protest documents may be sent by regular mail, email, courier, or personal delivery to:

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

AND

Contract Specialist Email Address: carley.porter@water.ca.gov

Upon receipt of the protest, DGS shall send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

9. DISPOSITION OF BIDS

Upon bid opening, all documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html mailto:OLSProtests@dgs.ca.gov

(Government Code Section 7920 et seq.) and are subject to review by the public. Bids may be returned at the request and expense of the bidder.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

3. No oral understanding or agreement shall be binding on either party.

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to the State.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and

Contractors)

1. The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment. These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Small Business Preference Program

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.)

requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified Small Business (SB) or Micro-Business (MB). The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a 5% small business calculation preference, and

c. Provide the opportunity for bidders to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference offers certified SB’s and MB’s a calculation preference in the amount of five percent (5%) of the lowest responsible bid submitted by a bidder who is not a certified small business. The SB preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid.

The State will grant SB’s a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business (NSB) has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a. Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to DGS Office of Small Business & Disabled Veteran Business Enterprise Services (OSDS) a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by DGS as a small business; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Bidders having pending Small Business or DVBE Certification applications under review by DGS, concurrent with the bid time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the SB preference during the evaluation of this bid.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify the State in writing at the time of bid submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business bidders will be granted a five percent (5%) non-small business preference on a bid evaluation when a responsible non-small business has agreed to subcontract at least 25 percent of their bid price with a California certified Small Business and if the non-small business bidder’s bid is not the low price bid, or when a proposal has been not been ranked as the highest scored bid pursuant to the evaluation of the solicitation. Responding bidders must:

a. Include in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more California certified small business(s),

b. Submit a timely bid as specified in the bid document,

c. Be determined to be a responsive, responsible bidder and

d. Identify the California certified small business(s) it commits to subcontract with. The bidder shall list certified Small Business subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. CALCULATING NON-SMALL BUSINESS PREFERENCE

The non-small business (NSB) calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the NSB preferences shall be awarded at the bidder’s original bid price. The preference shall be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000

Bidder B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250

Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award shall go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed contract. When a certified small business is the lowest responsive, responsible bidder, then there is no need to compute the small business preference as the small business is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4).

Selected firms must perform a “commercially useful function” relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14837 (d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a “commercially useful function” if that person or entity does all of the following:

1. Is responsible for the execution of a distinct element of the work of the contract.

2. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

3. Performs work that is normal for its business services and functions.

4. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

5. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment

6. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. BIDDER CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for commercially useful function (CUF). In responding to this solicitation, you are confirming that, under Government Code 14837 (d) (4) above, your business provides goods and/or services meet the definition of “commercially useful function”. All bidders are required to provide CUF documentation using the attached State’s Bidder Declaration Form GSPD-05-105, Attachment VII, included in the solicitation document. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Any bidder awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

9. PENDING SMALL BUSINESS CERTIFICATION

If your firm is currently seeking small business certification for small business preference related to this solicitation, you must have: 1) notified DGS/OSDS that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in relation to the solicitation, 2) provided DGS/OSDS with the bid Key Action Dates page from the bid itself and 3) must have submitted a complete application with all required forms and documentation to DGS/OSDS for review and approval by close of business of the Bid Submittal due date.

Notify the State representatives if, at the time of bid submission, your firm has a pending small business application with the DGS/OSDS. State representatives will verify your certification is pending or has been approved.

H. Disabled Veteran Business Enterprise Program

The State has waived DVBE program requirements for this solicitation. Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive/responsible firms the opportunity to receive additional incentive calculations. The incentive is applied at the time of solicitation cost evaluation when a bidder has identified a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort.

Application of the DVBE Incentive may not displace a certified small business low bidder.

Please refer to DWR Form 9526, Attachment V for instructions about regarding the DVBE Incentive.

DWR PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s DVBE Program Manager offers a pre-review of a bidder’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, the State strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program requirements.

Upon satisfactory review of the firm’s DVBE documentation, the DWR Program Manager issues a Notification of Compliance. To request a pre-review of your DVBE documentation, please submit the documentation to the attention of:

SB/DVBE Program Manager Voice: (916) 820-7833

Email: SB.DVBE@water.ca.gov

DVBE INCENTIVE PROGRAM

Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive and responsible bidders the opportunity to receive additional incentive calculations.

The incentive is applied at the time of solicitation evaluation when a proposing firm identifies and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract. Application of the DVBE Incentive may place the bidder in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

b. DVBE Incentive participation is at the discretion of the bidder and is optional when overall DVBE program requirements are exempt by the State for that solicitation.

c. When requesting the Incentive application, a bidder must complete and return the DVBE

Incentive Application Request included within this solicitation with their proposal at time of submission.

d. Services or commodities provided by the DVBE firm MUST meet the definition of CUF as defined under Military and Veterans Code 999 (B) (i) (ii) and under California Code of Regulations 1896.71 (l). A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive application.

ORDER OF EVALUATION

For purposes of evaluation, first Small Business preference will be applied, followed by the DVBE Incentive calculation.

BID CHECKLIST

Please review the following checklist for a list of documents that must be returned with your bid package. Please read the State of California’s General Terms and Conditions (GTC) before signing and submitting your bid package. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The GTC’s are not negotiable. Unless otherwise noted, failure to include the required documents will be cause for bid rejection.

DOCUMENTS REQUIRED WITH SUBMISSION OF BID

Attachment I – Bid Sheet (must be signed and include all pages) Attachment II – Bid/Bidder Certification Sheet Attachment III – Bidder References--3 references must be from the public sector Attachment IV – Darfur Contracting Act Certification Attachment VIII – California Civil Rights Laws Attachment Copy of the Prime Contractor’s CIH staff valid certifications from the American Board of

Industrial Hygiene as an Industrial Hygienist.

Copy of the Prime Contractor’s CAC staff valid certifications from the California Department of

Occupational Health as a Certified Asbestos Consultant (CAC).

Copy of resumes of Prime Contractor’s staff members including the Certified Industrial

Hygienists and Certified Abestos Consultants.

Copy of one invoice from each of the past 5 years to prove the Prime Contractor’s time in business as an occupational health professional CIH company for at least 5 years.

SMALL BUSINESS PROGRAM

Small Business Certification from Office of Small Business and DVBE Services(OSDS) when prime firm is SB or MB certified Non-Small Business Calculation Preference Request Form (required when prime is requesting

Non-Small Business preference consideration) Current Small Business Certification for proposed SB subcontractor (must accompany a bidder’s Non-Small Business Preference request)

DVBE PARTICIPATION PROGRAM

If you are a prime firm, DVBE-certified, you must complete and return: DGS OSDS DVBE certification, Std. 843, the DVBE Declaration; the GSPD-05-105 Bidder Declaration.

Attachment V, Bidder Certification of DVBE Participation (DWR 9526) CA-certified DVBE Primes – attach certification from DGS/OSDS Attachment VI, DVBE Declaration (Std. 843) Attachment VII Bidder Declaration (GSPD-05-105) DVBE subcontractor(s) – attach certification from DGS/OSDS DVBE Program Manager’s Notification of Compliance (if obtained in advance from the DVBE

Manager)

DOCUMENTS REQUIRED UPON CONTRACTOR SELECTION/BID AWARD

These documents are not required at the time of bid submittal; however these documents will be required of the awarded firm upon contractor selection/bid award.

Contractor Certification Clauses (CCC) (CCC must be signed once a contractor has been selected)

Payee Data Record (Std. 204) Certificate(s) of Insurance Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

ATTACHMENT I

BID SHEET

The estimated hours indicated below will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted below by the bidder shall be binding for the term of the Agreement.

The bidder hereby agrees to provide all labor, materials, licenses, permits, and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, Exhibit A. The rates listed on this Bid Sheet shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

The bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero dollar amount shall perform any such services, up to and including the quantity indicated, at no cost to the state.

Description of Work Unit Unit Price Asbestos Consultant Per Hour $

Certified Industrial Hygienist Per Hour $

Industrial Hygiene Tech/Site Surveillance Tech Per Hour $

Lead Consultant Per Hour $ Laboratory Testing using AHERA TEM Process with no rush turnaround Per Sample $ Laboratory Testing using AHERA TEM Process at a 24-hour turn around request Per Sample $

Grand Total $

The rates listed on the bid sheet will remain the same for all three years of the agreement

NO GUARANTEE OF WORK UNDER THIS CONTRACT.

In the event of computational error, unit prices will prevail over extended totals. The State will check bid calculations and recalculate bid totals.

The Contractor’s signature, in ink, affixed hereon and dated will constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor’s license number and expiration date are true and correct.

Company Name

Contractor’s License Number

Contractor’s License Expiration Date

Printed Name and Title of Bidder

Signature of Bidder

Date

ATTACHMENT II

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the required attachments as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return Bid Requirements and Information or the Sample Agreement.

A. Our all-inclusive bid is submitted as detailed in Attachment I, Bid Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An unsigned Bid/Bidder Certification Sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Email

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office.

This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT III

BIDDER REFERENCES

List below three references for services performed within the last five years, which are similar to the scope of work to be performed under this contract.

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

Please provide a statement of explanation if no references are available:

ATTACHMENT IV

DARFUR CONTRACTING ACT CERTIFICATION

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please initial one of the following three paragraphs and complete the certification below:

1. We do not currently have, or we have not had within the previous Initials three years, business activities or other operations outside of the

United States.

OR

2. We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the

Department of General Services (DGS) 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.

OR

3. We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, but we certify below that we are not a scrutinized company as defined in Public Contract Code section 10476.

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above. This certification is made under the laws of the State of California.

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL

INCLUDES THIS FORM WITH EITHER PARAGRAPH # 1, # 2, or # 3 INITIALED AND THE

CERTIFICATION SIGNED.

ATTACHMENT V

ATTACHMENT VI

ATTACHMENT VII

ATTACHMENT VIII

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES

DGS OLS 04 (Rev. 01/17)

Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time of the bid or proposal is submitted or the contract is renewed, all of the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Executed in the County of

Executed in the State of

Date Executed

SAMPLE CONTRACT

EXHIBIT A

SCOPE OF WORK

The Contractor will provide to the Department of Water Resources (DWR), Certified Industrial Hygienist (CIH) services on an as-needed basis for all DWR locations throughout the State of California. These services are necessary to identify when work conditions are not safe for DWR employees by testing for asbestos, lead, mold and various other environmental issues.

I. LOCATION

The services will be performed at various DWR office locations throughout the State of California.

Services may be performed at:

Bonderson Building 901 P Street Sacramento, CA 95814

Power and Risk Office (PARO) 1425 River Park Drive, Sacramento, CA 95814

Operation & Maintenance (O&M) 3464 El Camino Ave Ste 150 Sacramento, CA 95821

Safety of Dams 2720 Gateway Oaks Dr.

Sacramento, CA 95833

JOC Annex 3464 El Camino Avenue Sacramento, CA 95821

Facilities SVC N. Natomas 809 N. Market Boulevard Sacramento, CA 95834

Sac Maintenance Yard 1450 Riverbank Road West Sacramento, CA 95605

Joint Operation Center

(JOC)

3310 El Camino Avenue Sacramento, CA 95821

North Central Region Office 3500 Industrial Boulevard.

West Sacramento, CA 95691

DES Field Support 1450 Riverbank Rd.

West Sacramento, CA 95605

Northern Region Office 2440 Main Street Red Bluff, CA 96080

Central Warehouse 1721 13th Street Sacramento, CA 95814

South Central Region Office 691 North Laverne Avenue Fresno, CA 93727

Southern Field Division 31849 N. Lake Hughes Road Castaic, CA 91384

Sutter Maintenance Yard State Highway 20 Sutter, CA 95892

San Luis Field Division 31770 Gonzaga Road Gustine, CA 95322

Eureka Satellite Flood Center 302 Startare Drive Woodley Island, Eureka, CA 95501

Southern Region Office 770 Fairmont Avenue Glendale, CA 91203

Oroville Field Division 460 Glen Drive Oroville, CA 95966

California Energy Bond Office (CEBO) 2033 Howe Avenue Sacramento, CA 95825

O&M Coalinga Subcenter 24001 S. Fresno Coalinga Rd Coalinga, CA 93210

Delta Field Division 5280 Bruns Road Route 1, Box 39 Byron, CA 91514-1915

San Joaquin Field Division 4201 Sabodan Street Mettler, CA 93313

San Joaquin Lost Hills Subcenter 21139 Highway # 46 Lost Hills, CA 93249

Pearblossom Project HQ 34534 116 Street East Pearblossom, CA 93543

Lancaster Warehouse 200 E Avenue, K-8 Lancaster, CA 93535

The Contractor may be periodically asked to work at a location that is not listed. The Contractor will be compensated at the same labor and other rates as in the bid sheet and final contract.

II. CONTRACT MANAGERS

The Contract Managers during the term of this agreement will be:

Department of Water Resources Contractor Name: Name:

Phone: Phone:

Email: Email:

Contract Managers may be changed by written notice to the other party.

III. SERVICES

1.00 GENERAL

The Contractor will provide qualified personnel to perform industrial hygiene services and provide consultation services on asbestos, lead, indoor air quality and other environmental issues such as spores, molds and fungus. The Contractor will test for asbestos, lead, and mold in DWR-occupied buildings, as well as conduct inspections, indoor air quality assessments and investigations in or at DWR work sites throughout the State, as shown in Exhibit A, Item I: LOCATION. The Contractor must have a minimum of 5 years' experience in identifying, evaluating, and controlling health hazards in the workplace. Additionally, the Contractor must provide three (3) public sector work references.

The Contractor's CIH staff for this contract must have a valid certification from the American Board of Industrial Hygiene as an Industrial Hygienist. The Contractor’s Certified Asbestos Consultant (CAC) staff must have valid certifications from the California Department of Occupational Health as a…