IFB_16C850002.pdf

State of California—Transportation Agency EDMUND G. BROWN Jr., Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

Business Services Section, Contract Services Unit P.O. Box 942898 Sacramento, CA 94298-0001

(916) 843-3610

(800) 735-2929 (TT/TDD)

(800) 735-2922 (Voice)

Safety, Service, and Security An Internationally Accredited Agency

April 8, 2016

File No.: 076.A14476.850

Notice to Prospective Bidders

The Department of California Highway Patrol (CHP) invites prospective bidders to review and respond to the attached Invitation for Bids (IFB) Number 16C850002 entitled, “CHP – Victorville Area office – Evidence Impound Tow & Storage Services. When preparing and submitting a bid, compliance with the instructions found herein is imperative.

All Agreements entered into with the State of California will include, by reference, General Terms and Conditions (GTC) that may be viewed and downloaded at this Internet site:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If any prospective bidder lacks Internet access, a hard copy of these items can be obtained by contacting the person signing this letter.

If a discrepancy occurs between the information in the advertisement appearing on the Department of General Services, California State Contracts Register (CSCR) on the Cal eProcure website: www.caleprocure.ca.gov and the information herein, the information in this notice and in the attached IFB shall take precedence.

I. Bid Due Date

Regardless of postmark or method of delivery, the CHP, Business Services Section, Contract Services Unit must receive bid packages no later than the time and date found in the Section B of the attached IFB, entitled “Time Schedule.” Refer to the attached IFB for detailed submission requirements.

II. Disabled Veteran Business Enterprise (DVBE) Par ticipation Requirements

California Law requires Disabled Veteran Business Enterprise (DVBE) participation;

however, the DVBE participation requirement has been waived by CHP for this solicitation. Bidders who opt to utilize DVBE participation are eligible to receive DVBE incentive. For more information regarding this option, see section M of the IFB entitled “Preference and Incentive Programs.”

III. Funding Limit

The proposed agreement is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purpose(s) of the Agreement.

Prospective Bidders April 8, 2016

In addition, the proposed Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature, which may affect the provisions, terms, or funding of the agreement in any manner. If full funding does not become available, CHP will either cancel the resulting Agreement or amend it to reflect reduced funding and reduced activities.

IV. Bidder Questions

In the opinion of the CHP, this Invitation for Bids is complete and without need of explanation. However, if questions arise or there is a need to obtain clarifying information, bidders shall submit requests in accordance with the instructions in section D of the IFB entitled “Bidder Questions.”

Thank you for your interest in the service needs of the Department of California Highway Patrol.

Sincerely, Andrea Baker Contract Analyst

Enclosures

CHP Victorville Area office Evidence Impound Tow & Storage Services IFB #16C850002

Page i

Table of Contents

A. Purpose and Description of Services

B. Time Schedule

C. Agreement Term

D. Bidder Questions

1. Question deadline

2. Verbal questions

E. Walk-Through

F. Reasonable Accommodations

G. Scope of Work

H. Qualification Requirements

I. Bid Format and Content Requirements

1. General instructions

2. Bid format requirements

3. Bid content requirements

J. Submission of Bids

1. Submission instructions

2. Proof of timely receipt

3. Bidder costs

K. Bid Opening

L. Bid Requirements and Information

1. Non-responsive bids

2. Bid modifications after submission

3. Bid mistakes

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Resubmitting a bid package

5. Evaluation and selection

a. Bid opening/reading

b. Bid package review

c. Notice of Intent to Award

6. Agreement award and protests

a. Agreement award

b. Settlement of tie bids

c. Protests

Page ii

7. Disposition of bids

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

b. What can be inspected/copied and when

c. Inspecting or obtaining copies of bid materials

9. Verification of bidder information

10. CHP rights

a. IFB corrections

b. Collecting information from bidders

c. Immaterial bid defects

d. Correction of clerical or mathematical errors

e. Right to remedy errors

f. No agreement award or IFB cancellation

g. Agreement amendments after award

M. Preference and Incentive Programs

1. Small/Micro Business Preference (preference not to exceed $50,000)

2. Non-Small Business Subcontractor Preference (preference not to exceed $50,000) 14

3. Disabled Veteran Business Enterprise (DVBE) Incentive

4. Nonprofit Veteran Service Agency (NVSA) Small business Preference (preference not to exceed $50,000)

N. Agreement Terms and Conditions

1. Resolution of differences between IFB and agreement language

Page iii

Required Attachments

Attachment # Attachment Name

Attachment 1 Required Attachment/Certification Checklist

Attachment 2 Bid Form; and Attachment 2a – Bid Evaluation Formula (For CHP

Use Only)

Attachment 3 Non-Small Business Subcontractor Preference Request and Small/Micro Business Subcontractor Acknowledgement Form

Attachment 4 California Disabled Veteran Business Enterprise (DVBE) Incentive Program; and Attachment 4a - Std. 843, Disabled Veteran Business Enterprise Declarations

Attachment 5 GSPD-05-105 - Bidder Declaration

Attachment 6 Client References

Attachment 7 CCC 307 – Certification

Attachment 8 CHP 116 - Darfur Contracting Act Certification

Attachment 9 Std. 204 - Payee Data Record

Attachment 10 CHP 78V - Conflict of Interest & Confidentiality Statement-Vendor

Proposed Agreement Forms/Exhibits

Form/Exhibit Title Form/Exhibit Name

Std. 213 Standard Agreement

Exhibit A

Exhibit A-1

Scope of Work

Geographical Regions

Exhibit B Budget Detail and Payment Provisions

Exhibit C General Terms and Conditions (GTC 610). View or download at this Internet site:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Exhibit D Special Terms and Conditions

Exhibit E

Attachment 1

Attachment 2

Attachment 3

Insurance Requirements

CHP 234F, Tow Operator/Driver Information

CHP 234B, Tow Truck Inspection Guide

CHP 407F, Safetynet Driver/Vehicle Inspection Report

A. Purpose and Description of Services

The Department of California Highway Patrol (CHP) is soliciting bids from firms that are able to provide Evidence Impound Tow & Storage services. Bids must address all of the services described in Exhibit A entitled, “Scope of Work” that is included in the Proposed Agreement Forms/Exhibits section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this IFB including those terms in the referenced exhibits.

The CHP intends to make a single agreement award to the responsive and responsible firm offering the lowest bid. This IFB is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this IFB:

Event Date Time (Pacific Standard Time), If applicable

IFB Released 04/08/2016

IFB Question Submission Deadline 04/15/2016 by 3:30 p.m.

Bid Due Date 04/22/2016 by 2:00 p.m.

Bid Opening 04/22/2016 by 2:30 p.m.

Proposed Start Date of Agreement 07/01/2016, or upon approval by CHP, whichever is later

C. Agreement Term

The term of the resulting agreement is anticipated to be twenty-four (24) months. The agreement term may change if CHP makes an award earlier than expected or if CHP cannot execute the agreement in a timely manner due to unforeseen delays. CHP reserves the right to extend the term of the resulting agreement as necessary to complete or continue the services.

Agreement extensions are subject to satisfactory performance, funding availability, and possibly approval by Department of General Services (DGS).

The resulting agreement will be of 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 to have been volunteered.

D. Bidder Questions

Bidders shall immediately notify CHP if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

Bidders shall submit questions via email to abaker@chp.ca.gov. To ensure a response and inclusion in the Questions & Answers (Q&A) document, questions must be received by the scheduled date in Section B, Time Schedule. Following the question submission deadline, the CHP will post a summary response of the questions and answers to be viewed on the original solicitation on the Cal eProcure website titled “Questions and Answers to IFB 16C850002. CHP reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or any accompanying materials or fail to seek clarification and/or correction of this IFB and/or any accompanying materials shall submit a bid at their own risk. In addition, if awarded the agreement, the successful bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

What to include in an inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, email address, area code and telephone number, and fax number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any.

1. Question deadline

Submit written questions and inquiries no later than the date and time stated in section B of this IFB, entitled “Time Schedule.”

CHP will accept questions or inquiries about the following issues up to the bid due date:

a. DVBE participation requirements.

b. How to complete DVBE attachments.

c. The reporting of IFB errors or irregularities.

2. Verbal questions

CHP reserves the right not to accept or respond to verbal questions and inquiries.

Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on CHP unless later confirmed i n writing. Any additional requirements shall be issued in the form of an addendum to all potential bidders.

Direct all verbal requests for DVBE assistance to CHP, SB/DVBE Advocate at

(916) 843-3616 up to the bid due date.

E. Walk-Through

CHP will not hold a walk-through for this IFB.

F. Reasonable Accommodations

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

Andrea Baker Business Services Section, Contract Services Unit Telephone number (916) 843-3610 (TTY) - California Relay telephone number 1-800-735-2929

NOTE: The range of assistive services available may be limited if requestors cannot allow ten

(10) or more state working days prior to date the alternate format material is needed.

G. Scope of Work

See Exhibit A entitled, “Scope of Work” that is included in the Proposed Agreement Forms/Exhibits section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this IFB.

H. Qualification Requirements

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

1. Bidder must be a Rotation Tow provider in good standing on the CHP Victorville Area office

Tow Service Agreement (TSA).

2. Contractor shall not have had any suspensions from the Victorville Area office CHP TSA within the past three (3) years.

3. Bidders must see Exhibit A entitled, “Scope of Work” that is included in the Proposed Agreement Forms/Exhibits section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this IFB.

4. Bidders must certify their willingness to comply with all terms and conditions addressed in section N of this IFB, entitled “Agreement Terms and Conditions,” including those terms in the referenced exhibits.

5. (Corporations) Corporations must certify they are in good standing and qualified to conduct business in California.

6. (Nonprofit Organizations) Non-profit organizations must certify they are eligible to claim nonprofit status.

7. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

8. Before agreement execution, the winning bidder must supply proof of liability insurance that meets the requirements in Exhibit E , entitled “Insurance Requirements” that is included in the Proposed Agreement Forms/Exhibits section of this IFB.

9. The successful bidder and all personnel who are assigned to the contract will be subject to a driver license and fingerprint check before access to a CHP facility is authorized. Upon award of a bid, CHP, Business Services Section, Contract Services Unit, will initiate a ”Letter of Intent to Award” to the prospective Contractor. Contractor will use the letter to report to CHP facility within three (3) business days to initiate the clearance process. The driver license check and fingerprint check through the California Criminal History Information System and Federal Bureau of Investigation will be complete at that time. Upon the initial driver license check returning clear and the receipt of a fully approved contract, services may commence. An adverse finding under the fingerprint check, may at the sole discretion of CHP, result in a requirement for personnel replacement or cancellation of the contract.

I. Bid Format and Content Requirements

1. General instructions

a. Each individual or firm may submit only one (1) bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) bid, CHP will reject all bids submitted by that firm or individual.

b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood.

Agreement increases will not be allowed due to poor examination of work sites and/or specifications.

d. Arrange for timely delivery of the bid package to the specified address. Bidders are advised not to wait until shortly before the bid submission deadline to submit the bid.

2. Bid format requirements

a. Submit one (1) original bid package. Bid must be complete with a copy of all required attachments and documentation.

b. Bind bid package with a single staple in the upper left-hand corner.

c. Sign applicable IFB attachments/forms in ink, preferably in a color other than black.

Have a person who is authorized to bind the bidding firm sign each form that requires a signature. Signature stamps are not acceptable . Unsigned bids may be rejected.

3. Bid content requirements

This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions.

When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Unless otherwise indicated, do not submit supplemen tal information or other materials that CHP has not req uested .

Complete and assemble the following items listed on Attachment 1 – Required Attachment/Certification Checklist contained herein. After completing and signing the applicable attachments, assemble all items in the order and place them in a sealed envelope.

J. Submission of Bids

1. Submission instructions

a. Assemble an original bid package.

b. Place bid package in a single sealed envelope or package. Hand write or type “DO NOT

OPEN” with return business address and reference IFB number.

c. Mail or arrange for hand delivery of the bid package to the Department of California Highway Patrol, Business Services Section, Contract Services Unit. Bids may not be transmitted electronically by fax or email.

d. Regardless of postmark or method of delivery, the CHP Business Services Section, Contract Services Unit must receive the bid package by the date and time stated in section B of this IFB, entitled “Time Schedule.” CHP will not publicly open or read late bids.

e. Label and submit the bid package in a sealed envelope using one of the following methods.

U. S. Mail/Overnight Express or Hand Delivery:

IFB 16C850002 (Do Not Open) Department of California Highway Patrol Business Services Section, Contract Services Unit, Attn: Andrea Baker 601 N. 7th Street Sacramento, CA 95811 Phone: (916) 843-3610

f. Bidder warning

1) CHP'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.

2) 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.

The clerk will notify CHP Business Services Section, Contract Services Unit.

Bidders are warned not to surrender their bids in the care of a person other than CHP Contract Services Unit staff.

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

2. Proof of timely receipt

a. Upon receipt of bid package, CHP staff will stamp each bid package/envelope with a date/time stamp or handwrite date and time and initial. If a bid package is hand delivered, CHP staff will give a bid receipt to the hand carrier upon request. Bidders are warned not to surrender their bids in the care of a person other than CHP Contract Services Unit staff.

b. To be timely, CHP Business Services Section, Contract Services Unit must receive bid packages at the stated place of delivery no later than the time specified in section B of this IFB, entitled “Time Schedule” on the bid due date. Delivery to the CHP mailroom, to the CHP Victorville Area office, or the presence of a U.S. postmark will not serve as proof of timely delivery.

c. CHP will deem late bid packages non-responsive.

3. Bidder costs

Bidders are responsible for all costs of developing and submitting a bid package. Such costs cannot be charged to CHP or included in any cost element of a bidder’s price offering.

K. 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 following address, at the date and time stated in section B of this IFB, entitled “Time Schedule”:

Department of California Highway Patrol Business Services Section 601 N. 7th Street Sacramento, CA 95811

If you are planning to attend the public bid opening, you must notify the contact person listed in the cover letter of this IFB three (3) working days before the bid opening date specified in section B of this IFB, entitled “Time Schedule”. If you and/or your representative require reasonable accommodation to participate in the Public Bid Opening, you must contact the contract analyst identified in this package and identify what reasonable accommodation(s) is required for you to participate.

At the time of the public bid opening, the dollar amount of each bid shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

L. Bid Requirements and Information

1. Non-responsive bids

In addition to any condition previously indicated in this IFB, the following occurrences may cause CHP to deem a bid non-responsive.

a. Failure of a bidder to:

1) Meet bid format/content or submission requirements including, but not limited to, the sealing and/or labeling of the bid package.

2) Pass the Required Attachment/Certification Checklist review by not marking “Yes” for each item listed or by not appropriately justifying, to CHP satisfaction, all “N/A” designations.

b. If a bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind to include obvious erasures.

2) Price information that contradicts the price/cost figures on the Bid Form or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate, or misleading information or falsely certifies compliance on any IFB attachment.

c. If CHP discovers at any stage of the bid process or upon agreement award that a bidder is unwilling or unable to comply with the agreement terms, conditions and/or exhibits cited in this IFB and/or the resulting agreement.

d. If other irregularities occur in a bid response that are not specifically addressed herein

(i.e., the bidder places any conditions on performance of the scope of work, submits a counter offer/proposal, etc.). Any deviation from the specifications may be cause for rejection of the bid.

2. Bid modifications after submission

a. All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn and the bidder may resubmit a new bid package.

b. To withdraw and/or submit a new bid package, follow the instructions appearing in the section L of this IFB, entitled “Bid Requirements and Information,” paragraph 4.

3. Bid mistakes

If prior to agreement award, award confirmation, or agreement signing, a bidder discovers a mistake in their bid that renders the bidder unable or unwilling to perform all scope of work services for the price/costs offered, the bidder must immediately notify CHP and submit a written request to withdraw its bid following the procedures set forth in section L of this IFB, entitled “Bid Requirements and Information,” paragraph 4, b.

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

A bidder may withdraw its bid any time prior to the bid due date.

b. Submitting a withdrawal request

1) Submit a written withdrawal request signed by an authorized representative of the bidder.

2) Label and submit the withdrawal request using one of the following methods.

U.S. Mail/ Hand Delivery or Overnight Express:

Withdrawal IFB 16C850002 Department of California Highway Patrol Business Services Section, Contract Services Unit, Attn: Andrea Baker 601 N. 7th Street

Phone: (916) 843-3610

Fax:

Withdrawal IFB 16C850002 Department of California Highway Patrol Business Services Section, Contract Services Unit, Attn: Andrea Baker Fax: (916) 322-3166

E-mail:

Withdrawal IFB 16C850002 abaker@chp.ca.gov

3) [For faxed requests] Bidders must call CHP, Business Services Section, Contract

Services Unit at (916) 843-3610 to confirm receipt of a faxed withdrawal request.

Follow-up the faxed request by mailing or delivering the signed original withdrawal request within 24 hours after submitting a faxed request.

An originally signed withdrawal request is generally required before CHP will return/release a bid package to a bidder. CHP may grant an exception if the bidder informs CHP that the bidder will submit a new or replacement bid package immediately following the withdrawal.

c. Resubmitting a bid package

After withdrawing a bid package, bidders may submit a new bid package according to the submission instructions. Replacement bid packages must be received at the stated place of delivery by the due date and time stated in section B of this IFB, entitled “Time Schedule.”

5. Evaluation and selection

This section describes, in general, the process that CHP will use to evaluate timely bid packages.

a. Bid opening/reading

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened, read, and recorded.

b. Bid package review

1) After the bid opening and reading, bids are reviewed and evaluated. One or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by CHP, additional bidder documentation may be collected to confirm the claims made by each bidder and to ensure that each bidder is responsive to all IFB requirements.

3) If the materials submitted by a bidder do not prove, support or substantiate the claims made on the Required Attachment/Certification Checklist, the bid will be deemed non-responsive and rejected from further consideration.

4) If applicable, CHP will adjust bid amounts for any claimed preference following confirmation of eligibility with Department of General Services (DGS).

c. Notice of Intent to Award

CHP will not post a Notice of Intent to Award unless requested in writing per Public Contract Code (PCC) Section 10345 (a) (1).

6. Agreement award and protests

a. Agreement award

Award of the agreement, if awarded, will be to the responsive and responsible bidder that offers the lowest cost. The lowest cost will be determined after CHP adjusts bidder costs for applicable preferences and/or incentives.

b. Settlement of tie bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or micro business and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the agreement will be awarded to the DVBE bidder per Government Code Section 14838 (f) et seq.

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or micro business, the agreement will be awarded to the certified small business or micro business.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the agreement will be awarded to the certified DVBE.

4) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted the DVBE subcontractor incentive and the lowest responsive bid submitted by a certified small business or micro business, the agreement will be awarded to the certified small business or micro business.

5) In the absence of a California law or regulation governing a specific tie, CHP will settle all other tie bids in a manner CHP determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will CHP settle a tie by dividing the work among the tied bidders.

c. Protests

Information regarding the protest of an award may be found by going to http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx. A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

Submitting a protest

A protest may be hand delivered, mailed, or faxed to the appropriate agencies.

Label, address, and submit an initial protest notice and/or a detailed protest statement using one of the following methods.

Hand Delivery, Mail or Overnight Express:

Fax:

Protest to CHP IFB 16C850002 Department of California Highway Patrol Business Services Section Contract Services Unit Attn: Andrea Baker 601 N. 7th Street Sacramento, CA 95811

Protest to CHP IFB 16C850002 Department of California Highway Patrol Business Services Section Contract Services Unit Attn: Andrea Baker Fax: (916) 322-3166

Protest to CHP IFB 16C850002 Department of General Services Office of Legal Services Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Protest to CHP IFB 16C850002 Department of General Services Office of Legal Services

Fax: (916) 376-5088

Call the telephone numbers below to confirm receipt of a fax transmission:

Department of General Services (916) 376-5080 Department of California Highway Patrol (916) 843-3610

7. Disposition of bids

a. All materials submitted in response to this IFB will become the property of the

Department of California Highway Patrol and, as such, are subject to the Public Records Act (GC Section 6250, et seq. and Civil Code section 1798, et seq.). CHP will disregard any language purporting to render all or portions of any bid package confidential.

b. All documents submitted in response to this IFB and all documents used in the selection process (e.g., review checklists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and shall be available for public inspection.

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

Any person or member of the public can inspect or obtain copies of bid materials.

b. What can be inspected/copied and when

After the bid opening, all bids, bidders list, conference sign-in/attendance sheet, checklists and/or evaluation sheets become public records. These records shall be available for review, inspection and copying during normal business hours.

c. Inspecting or obtaining copies of bid materials

Persons wishing to view or inspect any bid related materials must identify the items they wish to inspect and must make an inspection appointment by contacting CHP Business Services Section, Contract Services Unit at (916) 843-3610.

Persons wishing to obtain copies of bid materials may mail a written request to the CHP office identified below. The requestor must identify the items they wish to have copied.

Materials will not be released from CHP premises for the purposes of making copies.

Unless waived by CHP, a check covering copying and/or mailing costs must accompany the request. Copying costs, when applicable, are charged at a rate of thirty cents ($0.30) per page for regular copies and fifty cents ($0.50) per page for copies of microfilm or computer records. For computer records, each perforated section shall be considered one (1) page. CHP will fulfill all copy requests as promptly as possible.

Submit copy requests as follows:

Request for Copies - IFB 16C850002 Department of California Highway Patrol Attn: Public Records Coordinator 601 N. 7th Street

Bidders may also contact CHP at (916) 843-3120 or email PRA@chp.ca.gov

9. Verification of bidder information

By submitting a bid, bidders agree to authorize CHP to:

a. Verify any and all claims made by the bidder including, but not limited to verification of prior experience and the possession of other qualification requirements, and

b. Check any reference identified by a bidder or other resources known by the state to confirm the bidder’s business integrity and history of providing effective, efficient and timely services.

10. CHP rights

In addition to the rights discussed elsewhere in this IFB, CHP reserves the following rights.

a. IFB corrections

1) CHP reserves the right to do any of the following up to the bid submission deadline:

a) Modify any date or deadline appearing in this IFB or the IFB Time Schedule.

b) Issue clarification notices, addenda, alternate IFB instructions, forms, etc.

c) Waive any IFB requirement or instruction for all bidders if CHP deems said requirement or instruction unnecessary, erroneous or unreasonable.

d) Allow bidders to submit questions about any IFB change, correction or addenda.

If CHP allows such questions, specific instructions will appear in the cover letter accompanying the document.

2) If applicable, CHP will mail, email, or fax written clarification notices or addenda to all persons/firms receiving this IFB.

Exceptions may occur, when CHP decides, just before or on the bid due date, to extend the submission deadline. If this occurs, CHP may notify potential bidders of the extension by fax, email, or by telephone. CHP will follow-up any verbal notice in writing by fax or mail.

b. Collecting information from bidders

1) If deemed necessary by CHP, CHP may request a bidder to submit additional documentation following the bid opening and/or evaluation. CHP will advise the bidders orally, via email, or in writing of the documentation that is required and the time line for submitting the documentation. CHP will follow-up oral instructions in writing by fax, email, or mail. Failure to submit the required documentation by the date and time indicated may cause CHP to deem a bid non-responsive.

2) At its sole discretion, CHP reserves the right to collect, by mail, email, fax or other method, the following omitted and/or additional information.

a) Signed copies of any form submitted without a signature.

b) Data or documentation omitted from any submitted IFB attachment/form.

c) Information/material needed to clarify or confirm certifications or claims made by a bidder.

d) Information/material or form(s) needed to correct or remedy an immaterial defect in a bid package.

c. Immaterial bid defects

1) CHP may waive any immaterial defect in any bid package and allow the bidder to remedy those defects. CHP reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) CHP’s waiver of an immaterial defect in a bid package shall in no way modify this IFB or excuse a bidder from full compliance with all bid requirements.

d. Correction of clerical or mathematical errors

1) At its sole discretion, CHP reserves the right to overlook, correct or require a bidder to remedy any obvious clerical or mathematical errors on a bid form.

2) If the correction of an error results in an increase or decrease in the total price, CHP shall give the bidder the option to accept the corrected price or withdraw their bid.

3) Bidders may be required to initial corrections to costs and figures on the Bid Form if the correction results in an alteration of the cost(s) offered.

4) If a mathematical error occurs in a total or extended price and a unit price is present, CHP will use the unit price to settle the discrepancy.

e. Right to remedy errors

CHP reserves the right to remedy errors caused by:

1) CHP office equipment malfunctions or negligence by agency staff.

2) Natural disasters (i.e., floods, fires, earthquakes, etc.).

f. No agreement award or IFB cancellation

The issuance of this IFB does not constitute a commitment by CHP to award an agreement. CHP reserves the right to reject all bids and to cancel this IFB if it is in the best interest of CHP to do so.

g. Agreement amendments after award

As provided in the Public Contract Code governing contracts (agreements) awarded by competitive bid, CHP reserves the right to amend the agreement after CHP makes an agreement award.

M. Preference and Incentive Programs

To confirm the identity of the lowest responsive bidder, CHP will adjust the total bid cost for applicable claimed preference(s) and/or incentive(s). CHP will apply preference and/or incentive adjustments to eligible bidders according to state regulations following verification of eligibility with Department of General Services (DGS), Office of Small Business and DVBE Services

(OSDS).

1. Small/Micro Business Preference (preference not to exceed $50,000)

a. A responsive bidder, certified as a small/micro business in a relevant business category or type, will be granted a preference up to five percent (5%) of the lowest responsive bid.

Small business means a responsive/responsible bidder that is certified by the California Department of General Services as a small business or micro business. The “service” category or business type will most likely apply to this procurement. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in section M of this IFB, entitled “Preference and Incentive Programs,” paragraph 4.

b. In granting small/micro business preference, no bid price will be reduced by more than five percent (5%). The cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

c. To be certified as a California small/micro business and eligible for a bidding preference the business concerned must meet the state’s eligibility requirements and must have submitted an application for small/micro business status no later than 5:00 p.m. on the bid submission deadline.

d. Firms desiring small/micro business certification must obtain the Small Business

Certification Application (i.e., STD 812 or other form) from DGS, OSDS, fully complete the application, and submit it to DGS as instructed in the application. Prospective bidding firms desiring small business certification assistance, may contact the Department of General Services by the following means:

1) (916) 322-5060 (24 hour recording and mail requests), or

2) (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator-central receptionist), or

3) Internet address: http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx or

4) Fax: (916) 375-4950, or

5) Email: OSDSHelp@dgs.ca.gov

2. Non-Small Business Subcontractor Preference (pre ference not to exceed $50,000)

a. Non-small business means a responsive/responsible bidder that is not certified by the

California Department of General Services as a small business or micro business.

b. If the tentative low bidder is not a certified DVBE or small/micro business, a bid preference up to five percent (5%) is available to a responsive non-small business claiming twenty-five percent (25%) small business subcontractor participation with one or more small businesses. This preference is authorized pursuant to Title 2, California Code of Regulations Section 1896.6 (b) and Government Code Section 14835.

c. If a bidder claims the non-small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty-five percent (25%) of the total bid price or cost offered.

d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General Services, must perform a “commercially useful function” under the agreement, and the basic functions to be performed must be identified at the time of bidding.

e. In granting the non-small business subcontractor preference, no bid price will be reduced by more than five percent (5%). The cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

f. Complete Attachment 3 (Non-Small Business Subcontractor Pre ference Request and Small/Micro Business Subcontractor/Supplier Ack nowledgement Form) to request the non-small business subcontractor preference.

g. Refer to section L of this IFB, entitled “Bid Requirements and Information,” paragraph 6, b to learn how tie bids will be resolved.

3. Disabled Veteran Business Enterprise (DVBE) Ince ntive

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the state shall apply an incentive to bids that propose California certified DVBE participation and confirmed by the state. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. (Refer to Attachment 4, California DVBE Incentive Program .)

NOTE: When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed 10% or $100,000, whichever is less.

4. Nonprofit Veteran Service Agency (NVSA) Small bu siness Preference (preference not to exceed $50,000)

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/micro business preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference up to five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a small business/micro business. The “service” category is the business type that will most likely apply to this procurement.

b. In granting small business preference to NVSAs, no bid will be reduced by more than five percent (5%). The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

c. To be eligible for the NVSA small business preference, the business concern must:

1) Request preference at the time of bid submission, and

2) Become certified as a small business or micro business by the appropriate office of the California Department of General Services prior to the bid submission due date.

d. Refer to section L of this IFB, entitled “Bid Requirements and Information,” paragraph 6, b to learn how tie bids will be resolved.

N. Agreement Terms and Conditions

The winning bidder must enter into an agreement that may contain the bidder’s bid form or budget, a scope of work, standard agreement provisions, and one or more of the agreement forms and/or exhibits identified in the Proposed Agreement contained herein. Other exhibits, not identified herein, may also appear in the resulting agreement.

The exhibits identified in the Proposed Agreement contain agreement terms that require strict adherence to various laws and contracting policies. A bidder’s unwillingness or inability to agree to the terms and conditions contained in any exhibit identified in this IFB may cause CHP to deem a bidder non-responsible and ineligible for an award. CHP reserves the right to use the latest version of any form or exhibit contained in this IFB in the resulting agreement if a newer version is available. In general, CHP will not accept alterations to the General Terms and Conditions (GTC), the Special Terms and Conditions, or the Scope of Work; or alternate agreement/exhibit language submitted by a prospective contractor. CHP will consider a bid containing such provisions “a counter proposal” and CHP may reject such a bid.

In general, CHP will not accept alterations to the General Terms and Conditions (GTC), the Special Terms and Conditions, or the Scope of Work; or alternate agreement/exhibit language submitted by a prospective contractor. CHP will consider a bid containing such provisions “a counter proposal” and CHP may reject such a bid.

1. Resolution of differences between IFB and agree ment language

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.

IFB #16C850002

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

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

Yes

N/A

My firm is a current Rotation Tow provider in good standing on the CHP Tow Service Agreement (TSA) as outlined section H of the IFB, entitled “Qualification Requirements.

Yes No

Yes

N/A

My firm has not had any suspensions from the CHP TSA within the past three (3) years, as outlined section H of the IFB, entitled “Qualification Requirements.

Yes No

Yes N/A

My firm has read and is willing to comply with the terms, conditions, and agreement exhibits addressed in the section N of the IFB, entitled “Agreement Terms and Conditions.”

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 agreement execution, proof of self-insurance or copies of insurance certificates proving possession of appropriate liability insurance that meets the requirements stipulated in section H of the IFB, entitled “Qualification Requirements,” paragraph 8.

Yes No

Bid Content. I have completed and returned the fol lowing Attachments: Confirmed by CHP

Yes N/A

Attachment 1, Required Attachment/Certification Checklist Yes No

Yes N/A

Attachment 2, Bid Form Yes No

Yes N/A

Attachment 3, Non-Small Business Subcontractor Preference Request and Small/Micro Business Subcontractor/Supplier Acknowledgement Form [Check “N/A” if not applying for this subcontracto r preference.]

Yes No

Yes N/A

Attachment 4a, STD. 843, Disabled Veteran Business Enterprise Declarations [Check “N/A” if you are not requesting DVBE Incenti ve.]

Yes No

Yes N/A

Attachment 5, GSPD-05-105, Bidder Declaration Yes No

Yes N/A

Attachment 6, Client References Yes No

Yes N/A

Attachment 7, CCC 307 – Contractor Certification Clauses Yes No

Yes N/A

Attachment 8, CHP 116 - Darfur Contracting Act (If option 2 was selected, a copy of the written permission from DGS is attached.)

Yes No

Yes N/A

Attachment 9, STD. 204, Payee Data Record Yes No

Yes N/A

Attachment 10, CHP 78V, Conflict of Interest & Confidentiality Statement - Vendor Yes No

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 bus iness 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 No

ATTACHMENT 2

Bid Form

Name of Bidding Firm (Legal name as it will appear on the Agreement)

Mailing address City State Zip Code

Telephone number Fax number Email address (If applicable)

Name of Contact Person Telephone number (If different from above)

Submitted herein are bid prices (Sections 1, 2, and 3) to provide evidence impound tow and storage services for the Department of California Highway Patrol. Before completing the bid form, refer to the Special Terms and Conditions, Scope of Work which includes Exhibits A through E, all of which will be incorporated into the Agreement.

IN SECTIONS 1, 2, AND 3 OF THIS BID FORM, BIDDER MUST BID ON EACH AND EVERY ITEM IN AN AMOUNT GREATER THAN ZERO. ANY MODIFICATION TO THIS BID FORM SHALL RENDER YOUR BID NON-RESPONSIVE.

A value greater than zero must be entered for each item. ITEMS LEFT BLANK, N/A OR $.00 MAY RENDER YOUR BID

UNRESPONSIVE AND YOU MAY BE DISQUALIFIED.

SECTION 1 – Tow Rates

The following bid rates will be compared to the average local established rates and if one or more are determined to be excessive by the Area Commander, your bid may be rejected. Bid rates will be based on an hourly rate and no additional charges will be granted.

a) Light Duty Tow Rate $_______________ per hour (Minimum 14,000 lbs. GVWR)

b) Medium Duty Tow Rate $_______________ per hour (Minimum 26,001 lbs. GVWR)

c) Heavy Duty Tow Rate $_______________ per hour (Minimum 48,000 lbs. GVWR)

d) Motorcycle Trailer Rate $_______________ per hour This amount is charged in lieu of the LIGHT DUTY TOW Rate (a) when a trailer is required to tow a motorcycle.

Note: In the event time at the scene exceeds one (1) hour, charges will be itemized and charged in fifteen (15) minute increments based on the per-hour rate.

SECTION 2 - STORAGE RATES*

a) Flat Rate for Storage $_______________ per day

b) Storage of commercial vehicles, as described in Section $_______________ per day 34500 of the Vehicle Code.

(No charges will be allowed for tow dolly)

*Storage rates are computed on a per vehicle basis (e.g. a truck /tractor would occupy the same space that vehicle [passenger vehicle, light truck] and a trailer would occupy two vehicle spaces).

Bidding Preferences Claimed (Check only the prefere nces claimed)

Certified small business or micro business preference Certification #___________

Non-small business subcontractor preference (committing use of 25% or more of small business subcontract(s)) Certification # ___________

DVBE Incentive (committing to use DVBE subcontract(s)) Certification #___________

FOR ANY CERTIFICATIONS CLAIMED A COPY OF THE OSDS CERTIFICATION LETTER MUST ACCOMPANY BID.

ATTACHMENT 2

SECTION 3 — CALL-OUT POST STORAGE INSPECTION OF VEH ICLES

Charges for call-out post storage inspections will only be permitted when the Contractor’s facility is not staffed 24-hours, or when there are no other employees at the facility when access to inspect a vehicle is requested (refer to Scope of Work, paragraph G, Inspection of Evidence).

a) Call-Out Post Storage…