IFB_16-10097_Addendum.pdf

INVITATION FOR BID

16-10097

Preventative Maintenance for Biological Safety Cabinets

May 2, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled Preventative Maintenance for Biological Safety Cabinets number 16-10097. In submitting your bid, you must comply with the instructions found herein.

BID DUE DATE

Regardless of postmark or method of delivery, the California Department of Public Health (CDPH), Centralized Contracts Services Unit, must receive bid packet no later than May 12, 2016, by 5:00 p.m. PST.

THE DEPARTMENT ELECTS TO WAIVE THE DVBE PROGRAM

REQUIREMENTS/INCENTIVES FOR THIS SOLICITATION AND DOES NOT OPT TO

INCLUDE THE DVBE INCENTIVE.

California Department of Public Health Viral Rickettsial Diseases Laboratory Program/ Microbial Diseases Laboratory Program – Richmond

Attachments i

Table of Contents

A. Background Summary B. Purpose and Description of Services C. Bidder Minimum Qualifications D. Available Funding E. Tentative Key Action Dates F. Contract Term G. Bidder’s Responsibilities For Submitting A Bid

SECTION II - ADMINISTRATIVE INFORMATION

A. About This Section B. IFB Defined C. Where and How to Deliver the Bid D. Submission Instructions E. Bidder Warning F. Number of Copies to Submit G. Important Administrative Details H. IFB Cancellation I. IFB Addendums J. Modifying or Withdrawing a Bid K. Grounds to Reject a Bid L. Disposition of Bidder’s Documents M. Protesting Procedures N. Agreement Requirements O. Subcontractors P. Resolution of Differences

SECTION III – FORMAT AND REQUIRED DOCUMENTS

A. About This Section B. Minimum Qualifications C. Required Format

SECTION IV. – REQUIRED FORMS/SAMPLE STANDARD AGREEMENT

BID COST SHEET

BID CHECKLIST

BUSINESS INFORMATION FORM

DARFUR CONTRACTING ACT

CONTRACTOR CERTIFICATION CLAUSES

BIDDER REFERENCES

BIDDER DECLARAT ION

PAYEE DATA RECORD

STANDARD AGREEMENT

Section I – Introduction

INVITATION FOR BIDS

A. Background Summary

Preventative Maintenance for Biological Safety Cabinets

B. Purpose and Description of Services

The California Department of Public Health’s (CDPH) mission is dedicated to optimizing the health and well-being of the people in California. For more information on the Department and its program, please see our Web site, www.cdph.ca.gov.

The Contractor will provide preventive maintenance and repairs on equipment as needed. For a complete list of services, see Scope of Work, Exhibit A. Contractor agrees to provide to the California Department of Public Health (CDPH), Viral Rickettsial Diseases Laboratory Program (VRDL)/Microbial Diseases Laboratory Program, (MDL) the services described herein.

Services shall be provided during the term of July 1, 2016 or upon final approval for a term of 24 months.

The final contract will have a set value of $100,000.00. The estimated value for this project shall not exceed $100,000.00. Any quotes received exceeding the maximum dollar amount of $100,000.00 shall be deemed non-responsive and will not be considered for award. Vendor will be selected based on lowest total rates received for services.

Services to be Performed

Contractor shall perform the following services:

1. Contractor will provide a National Sanitation Foundation (NSF) certified technician to inspect Biological Safety Cabinets (BSCs) on state premises, once a year, with the exception of parts needing repair, see Exhibit A Scope of Work. The technician must approve each BSC for certification according to NSF Standard #49 of the BSC, Federal Standard 209 B/D OSHA, Title 8, and SAMA LF-10.

2. Contractor will provide their standard operating procedure for testing Class II BSC and Glove Box to the VRDL/MDL program representative.

3. The Contractor shall notify the Lab Safety Coordinator and

VRDL/MDL program representative’s contact person or designee, immediately of any problems with the BSC that cannot be resolved the day of testing.

4. The Contractor must report problems to the VRDL/MDL program representatives with the BSC location with respect to room air flow patterns.

http://www.cdph.ca.gov/

5. At the time of service the cabinets must be given a sticker with the date of the testing and certification.

6. Record keeping: Test records shall be left with the VRDL/MDL program representative; and must be retained by Contractor for at least five years after the term of the contract.

7. Testing and certification equipment used must have been calibrated within the last year using National Institute of Standards Traceable for accuracy, uniformity, and service-ability. The Contractor shall provide a copy of the calibration report for all equipment used in performance of this contract.

B. Testing BSC and Glove Box – Preventative Maintenance

1. Testing and certification shall be conducted according to NSF standard #49 and the BSC manufacturer protocols for the model tested.

2. Testing of Class II BSCs, shall include velocity profile tests as described in NSF standard #49 and Manufacturer’s specifications.

3. Smoke tests for airflow patterns must be conducted as described in

NSF standard #49.

4. The contractor shall conduct the High Efficiency Particulate Air

(HEPA) filter leak test according to NSF standard #49-F HEPA filter leak test.

5. Where decontamination of the BSC is necessary, the method described in NSF standard #49 shall be used. Decontamination should be performed on used equipment prior to replacing HEPA filters, repair or replacement of components located in contaminated plenums and prior to BSC relocation.

6. The Contractor must report the general condition of the BSC to the

VRDL/MDL Program Contract Representative.

7. The Contractor must conduct testing of electrical leakage and ground circuit resistance according to NSF 49.

8. The Contractor shall test germicidal ultraviolet output at bench level for BSCs so equipped. The contractor shall provide parts and labor for all necessary repairs, alignments and adjustments of the system components to bring them to performance and stability ranges normal for the particular model and age of the system being repaired. Field services are to be performed in the most time efficient and cost effective manner possible. The contractor must also warrant each part for a period of no less than thirty (30) days, including parts and labor charges.

C. New, Non-Exchangeable Parts and Upgrades

1. An authorized program representative of the VRDL/MDL staff must provide advance approval in writing (i.e. by email) for the costs of the repair and replacement parts.

2. The Contractor shall provide all replacement parts, expendable items, as well as new, upgraded parts in a timely manner when they are requested.

3. For emergency repairs the Contractor shall deliver to the laboratory any non-exchangeable new or upgrade parts within twenty-four

(24) hours from the time they are requested. Telephone requests for new, non-exchangeable, and/or upgraded parts needed for emergency repairs may be made by the laboratory.

4. Service/repair will be performed within 72-hours of the initial call for services (emergency service/repair within twenty-four (24) hours) of being requested except where replacement parts are required and such parts cannot be obtained within this time period.

5. The Contractor will replace parts and/or related materials in connection with the service of the BSC. An authorized program representative of the VRDL/MDL staff must provide advance approval for the costs of the repair and replacement parts.

6. When the nature of the service or repair makes on-site repair impossible, the Contractor may move the BSC to the Contractor’s place of business, only when an authorized representative of the VRDL/MDL staff approves such a move in advance. CDPH will not assume liability for freight charges. The Contractor assumes all liability for the instrument once while it is in their possession.

7. Unanticipated or Additional Work: In the event that unanticipated or additional work must be performed that is not identified in this agreement (including additional purchased BSCs) but in CDPH’s opinion is necessary to successfully accomplish the scope of work, CDPH shall initiate a contract amendment to add that work.

C. Bidder

Minimum Qualifications

Failure to meet the following requirements by the bid due date will be grounds for CDPH to deem a bidder nonresponsive. In submitting a bid, each bidder must certify that it possesses the following qualification requirements.

Qualification Requirements A. Contractor must possess the following qualification requirements:

1. The Contractor shall provide NSF Certifications for technicians showing that they are accredited by a nationally recognized quality assurance program at the time of submission of the IFB and for the duration of the contract.

3. Has a past record of sound business integrity and a history of providing efficient and timely service to prior clients and customers, and be able to provide three references, including State agencies for projects of similar size and scope.

4. Bidders must submit a copy of your firm’s most current International Organization for Standardization (ISO) 9000 and 17025 Accreditation.

B. Contractor must submit, before contract execution, proof of liability insurance that meets the requirements of Provision 8 of Exhibit D(B) entitled, Special Terms and Conditions.

1. Bidders must certify their willingness to comply with all terms and conditions addressed in IFB section entitled, “Standard Agreement,” including those terms in the referenced exhibits.

2. Corporations must certify they are in good standing and qualified to conduct business in California.

3. Non-profit organizations must certify they are eligible to claim nonprofit status.

4. Bidders must certify their bid response is not in violation of the requirements of the Darfur Contracting Act of 2008, Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272. Detailed requirements are outlined in Darfur Contracting Act.

C. Bidders must certify their bid response is not in violation of Public Contract

Code Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in the Bidders Declaration form.

D. Available Funding

The estimated value of this contract shall not exceed $100,000. Any bids received exceeding the maximum dollar amount will be deemed nonresponsive.

E. Tentative Key Action Dates

Listed below are the key action dates and times 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.

Tentative Key Action Dates Date(s) Time Release Date of IFB May 2, 2016 5:00 p.m.

Bid Due Date May 12, 2016 5:00 p.m.

Bid Opening May 13, 2016 10:30 a.m.

Notice of Intent to Award May 16, 2016 5:00 p.m.

Protest Deadline May 23, 2016 5:00 p.m.

Anticipated Contract Start Date July 1, 2016 TBD

Note: In the opinion of CDPH, this IFB is complete and without need of explanation. However, any questions regarding the content of this IFB must be posted to the Cal E-procure website at:

https://caleprocure.ca.gov, and must be received prior to the due date and will be answered at the discretion of the State.

F. Contract Term The term of this agreement shall be July 1, 2016 through

June 30, 2018. Contract extensions are subject to satisfactory performance, funding availability, and possible approval by DGS.

Agreement will be in no force or effect until it is signed by both parties and approved by DGS, if required. Bidder is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered voluntary.

G. Bidder’s Responsibilities For Submitting A Bid

Responses to this solicitation shall be in the form of a sealed and formal Bid, using the Bid Checklist according to the format described in Bid Format and Required Documents. The Quotation of Charges shall detail the Bidder’s budget to perform the tasks outlined in the Scope of Work. Bidders must take the responsibility to:

• Carefully read this entire IFB before submitting a Bid.

• Ask the appropriate questions in writing by the due date.

• Submit all required responses in a complete manner by the required date and time.

• Ensure that all procedures and requirements of the IFB are followed and appropriately addressed.

• Complete all items noted in IFB documents

• General Terms and Conditions available for viewing at http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.a spx

• Contractor Certification Clauses available for viewing at http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.a spx

If the bidder fails to meet any of the requirements or comply with the CDPH requests, the CDPH can reject, disqualify, or remove the firm from the process.

The CDPH is not committed to award an Agreement resulting from this

IFB.

http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx http://www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx

Section II - Administrative Information

A. About This Section

This section provides Bidders details in submitting a successful Bid, including definitions of important terms, sources of information, submitting the Bid, confidential information, grounds for rejecting a Bid, and other administrative details.

B. IFB Defined

The competitive method used for this procurement of services is an IFB. A Bid submitted in response to this IFB will be opened and read publicly. The CDPH will contract with the Bidder who satisfies the minimum requirements and provides the lowest responsible Bid.

C. Where and How to Deliver the Bid

A Bidder may deliver a Bid by:

• U.S. Mail,

• in person, or

• messenger service

All Bids must be delivered to the CDPH’s Contracts Management Unit at 1616 Capitol Avenue, Suite 74-317, Mail Stop 1802, Sacramento, CA 95814, by 5:00 P.M. on May 12, 2016. Pursuant to PCC section 10344, any bids received after 5:00 p.m. Pacific Time will not be accepted. E-mail and facsimile (FAX) transmissions WILL NOT be accepted in whole or in part under any circumstances.

D. Submission Instructions

• Assemble an original bid package.

• Place bid package in a single sealed envelope or package.

• Mail or arrange for hand delivery of the bid package to the CDPH.

Regardless of postmark or method of delivery, the CDPH must receive the bid package by the date and time stated above in the “key action dates” of this IFB.

Label and submit the bid package Overnight Express, U.S. Mail or Hand Delivery:

IFB 16-10097 (Do Not Open) Department of Public Health Contracts Management Unit Attn: Leslie Mosley 1616 Capitol Avenue, Suite 74-317, Mail Stop 1802 Sacramento, CA 95814 Phone: (916) 445-5645

E. Bidder Warning CDPH's internal processing of mail may add 48 hours or more to the delivery time. If the bid package is mailed, consider using certified or registered mail and request a receipt upon delivery.

For hand deliveries, allow sufficient time to locate parking. The building designated for hand deliveries is a secure facility; therefore bidders are required to remain in the lobby. Bidders should notify the clerk at the front desk of the nature of their business and security will notify CDPH staff.

NOTE: It is the bidder's responsibility to ensure the bid is received by CDPH before the bid due date/time. CDPH is not responsible for bids received after the bid due date and/or time due to circumstances beyond CDPH's control.

F. Number of Copies to Submit

The Bidder is required to submit all required documents in the following format:

• One original, non-bound hard copy marked “Original”

• Two copies

• One electronic copy on compact disc viewable by Adobe Acrobat Reader

• Place all Bid Cost Sheets in a separate sealed envelope apart from the required forms

It is the submitting Bidder’s responsibility to ensure that the electronic copy is formatted in Adobe Acrobat Reader and viewable by the CDPH.

G. Important Administrative Details

Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read at the date and time stated in the section entitled, “Time Schedule,” at the following address:

California Department of Public Health 1616 Capitol Avenue Sacramento, CA 95814

Bidder’s Cost

The Bidder is responsible for the cost of developing a Bid and this cost cannot be charged to the State.

Confidential Information

All information obtained or produced during the course of the final contract will be made available to the CDPH.

Any information that the Bidder deems confidential, must so be marked prior to submission to the CDPH.

The CDPH will hold information deemed confidential by the Bidder to the extent allowable by the California Public Records Act and the Public Contract Code.

Reasonable Accommodations

For individuals with disabilities, CDPH will provide assistive services such as reading or writing assistance, and conversion of the Invitations for Bid, questions/answers, IFB Addenda, or other Administrative Notices into Braille, large print, audiocassette, DVD or computer disk. To request copies of written materials in an alternate format, please call the number below to arrange for reasonable accommodations.

Darfur Contracting Act of 2008

Effective January 1, 2009, all IFB’s must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.;

Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

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

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

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).

Loss Leader

Per Public Contract Code 10302, (b) (1) "It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code."

Disabled Veteran Enterprises

The CDPH has waived the Disabled Veteran Business Enterprise (DVBE) participation program requirements and/or Incentive for this IFB, however, CDPH is committed to achieving legislatively established goals for the participation of DVBE in all contracts. Although this contract is exempt from DVBE requirements, it is requested that you voluntarily report any certified DVBE participation that may exist in your proposed contract. You may report this information by completing the Std. 840 Disabled Veteran Business Enterprise Participation Summary (page 1);

for a copy of this form, go to: http://www.osmb.dgs.ca.gov.

http://www.osmb.dgs.ca.gov/

Certified Small/Micro Business and Non-Small Business Information

Definition

A. Small business means a business certified by the Office of Small Business

Disabled Veteran Certification (OSDC) in which:

1. The principal office is located in California.

2. The officers are domiciled in California.

3. The business is independently owned and operated.

4. The business, with any affiliates, is not dominant in its field of operation.

5. And either:

a. The business, together with any affiliates, has 100 or fewer employees and average annual gross receipts of $10,000,000 (10 million) or less over the previous three years, or

b. The business is a manufacturer with 100 or fewer employees.

B. Microbusiness means a small business certified by OSCD in which:

1. The principal office is located in California.

2. The officers are domiciled in California.

3. The business is independently owned and operated.

4. The business, with any affiliates, is not dominate in its field of operation.

5. And either:

a. The business, together with any affiliates, has 25 or fewer employees and averages annual gross receipts of $2,500,000 (2.5 million) or less over the previous three years, or

b. The business is a manufacturer with 25 or fewer employees.

C. Commercially Useful Function for Small Business

Authorities: Military and Veterans Code Section 999; Government Code 14837;

Title II California Code of Regulations, Section 1896.4 and 1896.62

A California certified small business or Microbusiness shall provide goods or services that contribute to the fulfillment of the contract requirements by performing a "commercially useful function" as defined:

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

2. Carries out its obligation by actually performing, managing or supervising the work involved;

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

4. Is responsible with respect to products, inventories, materials, and supplies required for the contact, for negotiating price, determining quality and quantity, ordering, installing (if applicable) and making payment: and,

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

D. Eligibility

A business must be formally certified by OSDC to be considered for the small business or microbusiness preference.

E. Benefits of Certification

A certified small business or microbusiness is entitled to claim a five percent preference in bidding on state contracts. Certified small business or microbusinesses are also entitled to interest penalties paid by the state for late payment of invoices. The penalties are greater for certified small business or microbusinesses than for non-certified businesses.

F. Non-Small Business Preference Program

The preference to a non-small business bidder that commits to small business or microbusiness subcontractor participation of twenty-five percent (25%) of its net bid price shall be five percent (5%) of the lowest, responsive, responsible bidder’s price. A non-small business which qualifies for this preference may not take an award away from a certified small business.

G. Programs Stimulating Business and Employment in Specific Geographic Areas

Standard contract language and forms for the following preference programs is located at the DGS Website www.pd.dgs.ca.gov.

The Target Area Contract Preference Act (Government Code Section 4530 et seq.) provides five percent (5%) preference points to California-based companies that perform state contract work in a distressed area.

H. IFB

Cancellation

If it is in the State’s best interests, the CDPH reserves the right to do any of the following:

• Cancel this IFB,

• Amend this IFB, or

• Reject any or all Bids received in response to this IFB

I. IFB Addendums The CDPH reserves the right to amend, alter, or change the rules and conditions of this IFB.

Any ambiguity, conflict, discrepancy, omission, or other error discovered in the IFB should immediately be reported to the CDPH prior to the deadline for submission of written questions. The CDPH will issue addenda to address such issues.

http://www.pd.dgs.ca.gov/

J. Modifying or

Withdrawing a Bid

Modification /Withdrawal

A Bid submitted prior to the submittal deadline, can be withdrawn or modified by the submitting Bidder.

The Bidder must:

• Provide a written request

• Identify the requesting individual and their association to the Bidder

A Bid cannot be withdrawn for modification after the submittal deadline has passed.

Immaterial Defect

The CDPH may waive any immaterial defect or deviation contained in a bid. The CDPH waiver shall in no way modify the bid or excuse the successful Bidder from full compliance.

K. Grounds to Reject a

Bid

A Bid shall be rejected if:

• It is received after the exact time and date set for receipt of Bids.

• It is considered nonresponsive to the California Disabled Veteran

Business Enterprise participation requirements (if applicable).

• It is lacking a properly executed Contractor Certification Clauses and Darfur Contracting Act form.

• It contains false or intentionally misleading statements or references which do not support an attribute or condition contended by the Bidder.

• If the Bid is intended to erroneously and fallaciously mislead the State in its evaluation of the Bid and the attribute, condition, or capability is a requirement of this IFB.

• There is a conflict of interest as contained in Public Contract Code Sections 10410, 10411, 10365.5 or any other conflict of interest law or eligibility conflict interest rules in this IFB.

• Bidder has been prohibited from contracting with the State by the Franchise Tax Board www.ftb.ca.gov/

• Bidder has been suspended or barred from bidding or contracting with the state at the following websites:

Secretary of State www.sos.ca.gov Federal Excluded parties List www.sam.gov/

• The Bidder has received a substantive negative contract performance from the State.

A Bid may be rejected if:

• It is not prepared in the mandatory format described.

• It is unsigned.

• It does not literally comply or contains caveats that conflict with the IFB and the variation or deviation is not material, or it is otherwise nonresponsive.

• The bid cost is not prepared as required by the IFB.

• Any items required by the IFB are not included with the submittal.

• There is a conflict of interest as contained in Public Contract

Code Sections 10410, 10411, 10365.5 or any other conflict of interest law or eligibility conflict interest rules in this IFB.

No bid may be rejected arbitrarily or without reasonable cause.

L. Disposition of Bidder’s Documents

On the submission date, all Bids and related material submitted in response to this IFB become the property of the State. After the Notice of Proposed Award is posted, all Bids and related materials become public records. The original Bid may be returned to a Bidder upon written request.

http://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtm http://www.sos.ca.gov/ http://www.sam.gov/

M. Protesting

Procedures A Bidder may file a protest against the proposed awarding of a contract. Once a protest has been filed, contracts will not be awarded until either the protest is withdrawn, or the CDPH cancels the IFB, or the DGS decides the matter. Please note the following:

A. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

B. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

C. If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the CDPH on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

D. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

E. Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

F. Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at www.ols.dgs.ca.gov/Standard+Language.

http://www.osp.dgs.ca.gov/ http://www.ols.dgs.ca.gov/contracts

This document is only required if the bidder has not submitted this form to the awarding agency within the last three (3) years.

If the protest is not withdrawn or the solicitation is not canceled, DGS will decide the matter. There may be a formal hearing conducted by a DGS hearing officer or there may be briefs prepared by the Bidder and the CDPH for the DGS hearing officer consideration.

N. Agreement Requirements

See the sample of an Agreement included in this IFB, see Section IV.

O. Subcontractors All subcontractors identified in the bid, must be experts in their field and capable of performing the tasks for which they are hired to do.

P. Resolution of Differences

If an inconsistency or conflict arises between the terms and conditions appearing in the final agreement and the proposed terms and conditions appearing in this IFB, any inconsistency or conflict will be resolved by giving precedence to the agreement.

Section III – Format and Required Documents

A. About This Section

This section provides Bidders with information about how to prepare a Bid in response to this IFB. Bidders must follow all Bid format instructions, answer all questions, and supply all requested data.

B. Required Format Bidder forms and Bid Cost Sheet must be submitted in separately sealed envelopes labeled “Bidder Forms” and “Bid Cost Sheet”, for Invitation for Bids #16-10097. The following topics constitute your Bid:

1. Bidder Forms, and

2. Bid Cost Sheets

Failure to compute the charges correctly, or sign the required documents, may be cause for rejection of the Bid. Bidders must complete and sign the Bid Form, labeled “Bid Cost Sheet”. By signing the Bid Cost Sheet, Bidders certify they meet the minimum required qualifications in this IFB.

Bidder Forms

Bidders must submit the completed DVBE forms, the completed Small Business Preference Certification Letter (if applicable), the Contractor Status Form, Contractor Certification Clauses and proof of insurance.

Section IV. – Required Forms/Sample Standard Agreement

BID COST SHEET

Exhibit B-1

Year 1 (July 1, 2016 - June 30, 2017)

CDPH makes no guarantee as to the actual activity that will take place during the term of the contract.

The contractor will be reimbursed at the applicable unit costs specified on this price sheet.

Biological Safety Cabinets (BSCs) Total Per Unit Charge Total

1 Annual BSC Certification (Type A2, B2, B3) 119 x $ ________ = $_____

2 HEPA Filter Change 10 x $ ________ = $_____

3 Exhaust HEPA Filter Change 4 x $________ = $_____

4 Hazardous Waste Disposable (HEPA Filters) 10 x $________ = $_____

5 Labor Only Service (Hour) 20 x $________ = $_____

6 Motor Replacements per year 5 x $________ = $_____

7 Alarm Calibrations per year 5 x $________ = $_____

8 Sash Piston Change & Spring Repairs per year 8 x $________ = $_____

9 Bench top Clean Bench Certifications/ 6 x $________ = $_____ Calibrations per year

10 Interlock Alarm Tests per year 4 x $________ = $_____

11 Glove box Certifications per year 4 x $________ = $_____

12 Decontamination 8 x $________ = $_____

13 Parts *(Fixed Amount Allocated) $5,000.00 = $5,000.00

TOTAL AMOUNT FOR FY 16/17 $_______________

BID COST SHEET

Exhibit B-1 Year 2

(July 1, 2017 - June 30, 2018)

BSCs Total Per Unit Charge Total

1 Annual BSC Certification (Type A2, B2, B3) 119 x $ ________ = $_____

2 HEPA Filter Change 10 x $ ________ = $_____

3 Exhaust HEPA Filter Change 4 x $________ = $_____

4 Hazardous Waste Disposable (HEPA Filters) 10 x $________ = $_____

5 Labor Only Service (Hour) 20 x $________ = $_____

6 Motor Replacements per year 5 x $________ = $_____

7 Alarm Calibrations per year 5 x $________ = $_____

8 Sash Piston Change & Spring Repairs per year 8 x $________ = $_____

9 Bench top Clean Bench Certifications/ 6 x $________ = $_____ Calibrations per year

10 Interlock Alarm Tests per year 4 x $________ = $_____

11 Glove box Certifications per year 4 x $________ = $_____

12 Decontamination 8 x $________ = $_____

13 Parts *(Fixed Amount Allocated) $5,000.00 = $5,000.00

TOTAL AMOUNT FOR FY 17/18 $ _______________

NOTE: The Bidder hereby certifies that the price(s)/rate(s) offered on this Bid Form are true and accurate to the best of the Bidder's knowledge. Rates shall be a fully loaded cost rate to include labor, travel, and insurance. Please see Exhibit D(B) for insurance requirements.

The Bidder agrees that the price(s)/rate(s) offered herein shall remain in effect until CDPH awards the agreement and throughout the duration of the agreement. Any cost over runs or increases in services, if allowed, shall be billed at the price(s)/rate(s) stated for the appropriate budget period. Contract extensions, if any, shall be billed at the price(s)/rate(s) stated for the last budget period/year if more than one budget period/year is shown.

The Bidder further understands that the above quoted rate(s) must include all of the bidders costs including operating expenses, labor, service call charges, diagnostic fees/estimates, transportation/travel costs, mileage or per diem expenses, equipment costs, supplies, annual inflation costs/rate adjustments, profit margin, etc. By submitting this Bid Form the Bidder hereby claims its willingness to certify to and comply with all requirements and terms and conditions cited in this IFB and any attachment thereto.

The Bidder understands that its bid response will become a public document and will be open to public inspection.

Bidder's signature:

Date signed

Printed/typed name Title

BID CHECKLIST

Qualification Requirements. I certify that I meet the following qualification requirements: Confirmed by CDPH

Yes N/A

My firm possesses at least three consecutive years of experience of the types listed in Section 1 of the IFB section entitled, “Bidder Minimum Qualifications”. That experience occurred within the past five years.

Yes No

Yes N/A

My firm has read and is willing to comply with the terms, conditions, and contract exhibits addressed in the IFB section entitled, “Standard Agreement Sample”.

Yes No

Yes N/A

(Corporations) My firm is in good standing and qualified to conduct business in California.

[Check “N/A” if not a Corporation.]

Yes No

Yes N/A

(Nonprofit Organizations) My firm is eligible to claim nonprofit status.

[Check “N/A” if not a nonprofit organization.]

Yes No

Yes N/A

My firm has a past record of sound business integrity and a history of being responsive to past contractual obligations. My firm authorizes the State to confirm this claim.

Yes No

Yes N/A

My firm will supply before contract execution, proof of self-insurance or copies of insurance certificates proving possession of appropriate liability insurance that meets the requirements stipulated in Item 7 of the IFB section entitled, “Qualification Requirements”. [Conditional – Retain this row if insurance requirements appear in the Qualification Requirements section H.]

Yes No

Bid Content. I have completed and returned the following Attachments: Confirmed

Yes N/A

Bid Cost Sheet Yes No

Yes N/A

Required Attachment / Certification Checklist Yes No

Yes N/A

Business Information Sheet Yes No

Yes N/A

Darfur Contracting Act Yes No

Yes N/A

CCC 307 – Contractor Certifications Yes No

Yes N/A

Bidder References Yes No

Yes N/A

Bidders Declaration Form Yes No

Yes N/A

Payee Data Record Yes No

Yes N/A

Standard Agreement Sample Yes

Required Documentation. Enclosed with the bid is the following required documentation. Confirmed

Yes N/A

(California Businesses) Copy of a current business license issued by the government jurisdiction in which the business is located, unless no license is required. Attach an explanation if a license copy cannot be supplied or there is reason to believe no license is required.

Check “N/A” if not a California business or no business license is required.

Yes No

Yes N/A

(Corporations) Either a copy of the Certificate of Status issued by California’s Office of the Secretary of State or a copy of the bidding firm’s active on-line status information downloaded from the California Business Portal website. Attach an explanation if the required documentation cannot be supplied. Check “N/A” if not a Corporation.

Yes No

Yes N/A

(Nonprofit Organizations) A copy of a current IRS determination letter indicating nonprofit or 501

(3) (c) tax exempt status. Check “N/A” if not a nonprofit organization.

Yes

Name of Bidding Firm:

Signature

Printed Name/Title:

Date:

BUSINESS INFORMATION FORM

IFB 16-10097

This document provides the California Department of Public Health with basic information about the Bidder and its key subcontractors. Each Bidder must complete, sign and include this attachment in its proposal. A signature fixed hereon and dated certifies compliance with all offer requirements.

1. Bidder Information Full Legal Name of Bidder

Business Address (Street number and name)

City

County State Zip Code

Contact Person

Title

Telephone

Fax E-mail

2. Type of Entity or Business Organization

Organization Tax ID Number: How long under current ownership: (Years)

Nature of Business Activity:

Number of employees: Year established:

Legal form of organization (check one):

Sole Proprietorship Corporation LLC General Partnership Sub-Chapter S Corporation Limited Partnership Other (describe) ________________________

3. Small Business Preference Claim Is your organization certified as a small business by the State of California, or have you applied for certification?

No Yes If yes, list your OSDS Number _________________________

Date certified

Application submitted to Office of Small Business Certification and Resources on:

(date)

4. Disabled Veteran Business Participation Acknowledgement

I certify that I have read and understand the requirements of DVBE participation and understand my obligations in regard to DVBE. I also understand that failure to meet the requirements of the DVBE will cause my proposal to be rejected before evaluation.

YES NO

DVBE Incentive Participation? YES NO

Incentive Amount: _________%

5. Required Licenses and/or Certifications (if applicable) N/A

Required Licenses/Certifications PUC License Number

Contractor’s State Licensing Board No.

6. Authorization and Certification I hereby authorize the California Department of Public Health to make any inquiries necessary to verify the information I have presented in my proposal.

I hereby certify to the best of my knowledge and belief that I have read, understand, and do hereby accept the terms and conditions contained in this IFB package, including the provisions of the Contract Terms and Conditions and, further, I am willing to enter into an agreement with the CDPH to conduct the proposed project according to the terms and conditions offered.

I hereby certify to the best of my knowledge that the information contained in this proposal is correct and complete.

Signature of Authorized Representative Date Signed

Printed/Typed Name Title

The above information is required for statistical reporting purposes. Completion of this form is mandatory.

This information will be made public upon award of the contract and will be supplied to department contract staff, Department of General Services and possibly other public agencies. To access contract related records, contact the Contract Management Unit, 1616 Capitol Avenue, Suite 74-317, MS 1802, PO Box 997377, Sacramento, CA 95899-7377, or call (916) 650-0100.

DARFUR CONTRACTING ACT

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 (PCC) section 10476. A scrutinized company is a company doing business in Sudan as defined in PCC 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 (PCC section 10477(a)) unless obtaining permission from the Department of General Services according to the criteria set forth in PCC section 10477(b).

Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

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 below as defined in Public Contract Code section 10476.

CERTIFICATION For # 3.

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 in # 3. 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 OR # 2 INITIALED OR PARAGRAPH # 3

INITIALED, CERTIFIED AND SIGNED.

CONTRACTOR CERTIFICATION CLAUSES

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

http://www.dir.ca.gov/

2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by…