IFB-299-2667005-JDW_-_Hydroseeding_Services_(Addendum_#1_Revision).pdf

COUNTY OF ORANGE

COUNTY EXECUTIVE OFFICE

COUNTY PROCUREMENT OFFICE

INVITATION FOR BID (IFB)

FOR

IFB-299-2667005-JDW - HYDROSEEDING SERVICES

IFB NO. IFB-299-2667005-JDW

County of Orange IFB

County Executive Office - IFB-299-2667005-JDW - Hydroseeding Services, IFB-299-2667005-JDW

County of Orange

CEO/County

Procurement Office

400 W. Civic Center Drive

5th Fl.

Santa Ana, CA 92701

SCHEDULE OF ACTIVITIES

Release Project Date June 27, 2024

Question Submission Deadline July 12, 2024, 2:00pm

Question Response Deadline July 17, 2024, 2:00pm

Bid Submission Deadline July 26, 2024, 4:00pm

**This is a proposed schedule that is subject to change. Any changes to the schedule for the RFP process will be issued to all Respondents via addenda on the County’s online bidding system https://procurement.opengov.com/portal/ocgov **

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Friday, July 26, 2024

4:00 pm https://procurement.opengov.com/portal/ocgov

SECTIONS

SECTION 1. SUMMARY

SECTION 2. SCOPE OF WORK

SECTION 3. PRICING

SECTION 4. VENDOR QUESTIONNAIRE

SECTION 5. GENERAL INFORMATION

SECTION 6. GENERAL INSTRUCTIONS

SECTION 7. W-9/W-8 REQUIREMENTS

SECTION 8. ELECTRONIC FUND TRANSFER (EFT)

SECTION 9. GENERAL TERMS AND CONDITIONS

SECTION 10. ADDITIONAL TERMS AND CONDITIONS

SECTION 11. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

Attachments:

A - Model Contract - MA-299-2401xxxx - Hydroseeding

B - OC Waste & Recycling High Risk Safety Packet

SECTION 1. SUMMARY

The County of Orange, County Procurement Office, (hereinafter referred to as County) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for IFB-

299-2667005-JDW - Hydroseeding Services. The awarded Contract, (hereinafter referred to as

Contract) will be between the County and awarded Bidder, (hereinafter referred to as Contractor) in accordance with the model contract terms, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the County’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the model contract and any solicitation attachments and/or exhibits.

This is a fully electronic bid-no other form of bid submittal will be accepted. Vendors are advised to read the instructions below and the attachment titled OCWR Solicitation Instructions, Terms & Conditions for complete instructions.

** Please register your company via the County’s Official Bidding website prior to viewing or downloading this solicitation. **

OC Waste & Recycling is soliciting bids from qualified businesses for Hydroseeding Services

All questions pertaining to this Invitation for Bid (IFB) must be submitted through the County’s

Official Bidding site. Any County response relevant to this IFB other than through or approved by OC Waste & Recycling Procurement Services is unauthorized and will be considered invalid.

BE SURE TO READ THE OCWR HIGH-RISK SAFETY PACKET. REQUIREMENTS

SHALL BE COMPLETED AND TURNED IN BY WINNING BIDDER WITHIN 14

CALENDAR DAYS OF CONTRACT AWARD. FAILURE TO SUBMIT THESE

SAFETY DOCUMENTS WILL DEEM BIDDER NON-RESPONSIVE AND CONTRACT

AWARD WILL GO TO THE NEXT-LOWEST BIDDER.

**Important Dates**

Thursday, July 12 2024 - Questions due by 2:00 p.m. via OpenGov

Friday, July 26, 2024 - Bids due by 4:00 p.m. via OpenGov

SECTION 2. SCOPE OF WORK

2.1 ATTACHMENT A - SCOPE OF WORK AND PRICING

TASKS

There are three (3) types of tasks associated with this Contract:

1. Erosion control hydroseeding or hydromulching cut and fill slope areas denuded by construction and landfill areas at County-operated sanitary landfills. Slopes vary and in some areas are steeper than 2:1. Hydro seeding or mulching shall be applied to the areas shown on the plans or as directed by County, and may or may not include plant material (seed and mycorrhizal inoculum and/or fertilizer). The objective shall be to prevent erosion of soils and, if applicable, establish plant growth on the slopes and deck areas.

2. Hydroseeding habitat mitigation sites using locally sourced seed material and mycorrhizal inoculant, and without added synthetic fertilizers. Slopes vary and in some areas are steeper than 2:1. The objective shall be to initiate the establishment of new habitat for local flora/fauna in compliance with regulatory permits and habitat conservation plans.

3. Supplemental hydroseeding in existing habitat mitigation sites containing existing native vegetation. Care shall be taken to neither disturb nor cover such vegetation with excessive amounts of slurry and the mix shall contain locally sourced seed material and mycorrhizal inoculant, and no added synthetic fertilizers. The objective shall be to increase native plant cover and diversity without disturbing existing habitat. A surcharge per acre may be applied to this type of work when existing native cover is determined by recent habitat mitigation monitoring reports or another objective biological survey method to be greater than or equal to

50%.

SCHEDULING

Hydroseeding shall be applied during the fall/winter season between October 1 and January 15, or as so required and directed by County. Contractor shall limit work to standard landfill operational hours

(7:00 am – 5:00 pm Monday through Friday except the 6 major Federal holidays), unless special arrangements are made to complete emergency work outside of the normal business day.

• Contractor shall schedule and begin work within five (5) working days after receipt of a task is issued by County.

• Contractor shall not hold County liable for payment, including any pre-ordered material costs, until a task is issued.

• Contractor shall confirm with County at least twenty-four (24) hours in advance of starting work; work shall be carried out in a due and diligent manner.

APPLICATION

Hydroseeding shall be applied as directed in § 308-4.8.2(b) of the Standard Specifications for Public

Works Construction, using Method B.

Once hydroseed is applied, to the extent practicable, the area shall be kept moist by the Contractor until the end of the working day. Hydroseeding shall not be applied while raining. Hydroseeding shall not be performed when the wind velocity is detrimental to the uniform distribution of the seed.

MATERIALS

Hydroseeding or mulching shall consist of a mixture of fiber, seed (when applicable), compost or commercial fertilizer (when applicable), mycorrhizal inoculant (when applicable), binder or fiber matrix, and water. The seed mix used may be chosen from pre-selected mixes or comprised of specific species selected from various mixes, or in certain occasions, a unique mix of species not previously identified on the Contract may be requested by the County and, if accommodated by the

Contractor, billed to the County on a Cost-Plus Percent markup. The original supplier invoice must be attached to the Contractor invoice in order for the Contractor to be paid for the special mix at this markup.

Organic cellulose shall be produced from wood chips or similar wood materials and shall be of such character that the fiber will disperse into uniform slurry when mixed with water. Fiber produced from selected recycled newsprint or corrugated cardboard may be used or mixed with the wood fiber upon approval and as directed by County.

Fiber shall be colored to contrast with area in which the fiber is to be applied, shall be non-toxic to plant and animal life, and shall not stain concrete or painted surfaces.

Compost, when added, shall be derived from a combination of green material from chipped, shredded, or ground vegetation; clean, processed, recycled wood products; biosolids; manure; and/or mixed food waste. It shall not be derived of municipal solid waste nor contain paint, petroleum products, pesticides, or other harmful chemical residues. Materials should be thoroughly composted to as to reduce the presence of weed seeds, pathogens, metals and other deleterious materials. Moisture content, organic material content, salts, and pH shall all meet the standards referred to in California

Department of Transportation Erosion Control specifications.

Before seeding, the Contractor shall furnish written evidence (seed label or letter) to the County that the seed is not required to be labeled under the California Food and Agricultural Code and that it conforms to the purity and germination requirements herein.

Contractor shall supply purity and germination percentage rates upon the assignment of each task order. Pure live seed content is defined as the product of, 1) the percentage of tested purity and 2) the percentage of tested germination of the specified seed (pure live seed content - % purity x % germination = 5-%) unless otherwise stated. The pure live seed content minimum may be reduced by County if specified minimum is not available. The seed may be commercially grown unless locally collected seed is requested by the County. “Locally collected seed” is defined as having originated in the coastal southern California ecological region, and west of the Santa Ana

Mountains. The County may accept certain substitutions of “local” seed collected from outside of this region, at the lower “non-local” price per pound, if it can be verified that no more indigenous sources of the subject species were available at the time of the request.

Mycorrhizal inoculant shall be “mycoapply” in powdered form, or a product of comparable specifications. All legumes shall be inoculated with a viable bacteria species compatible for use with that species of seed. Contractor shall furnish written statement of inoculation. The application rate for seed shall be the weight exclusive of inoculating materials. Inoculated seed shall be sown within

20 days of inoculation or shall be reinoculated.

Hydroseeding materials shall be mixed at the project site in the presence of County. A one-ounce sample of the specified seed mix may be requested by the County.

Commercial fertilizer shall be as required in the order.

Organic soil stabilant shall be Ecology Control M-Binder, Ecotack, Terra Tack III, or an approved equal.

Proportion and seed mix may be changed by the County to meet field conditions. Mixing of hydroseeding materials shall be performed in a thoroughly clean tank with a built-in continuous agitation system or sufficient operating capacity to produce a homogeneous slurry, and a discharge system which will apply the slurry to the slopes at a continuous and uniform rate.

A dispersing agent may be added provided the contractor furnishes evidence that the additive is not harmful to the mixture. Any materials considered harmful, as determined by County, shall not be used. The seed, if applicable, shall be the last item added to the slurry. Slurry shall be applied within

30 minutes after seed has been added.

Water

Water sufficient to emulsify the requested amount of hydroseeding mix shall be provided or arranged for by the County at the project site.

Travel

The cost of travel to and from, and around, the project site shall be included in the Contractor’s rates. Project sites shall be limited to the following landfills, or in certain cases, the lands directly adjacent, or “off-site” habitat mitigation areas generally located within 20 miles of one of the landfills.

COUNTY OF ORANGE LANDFILL LOCATIONS

A. Prima Deshecha Landfill

32250 Avenida La Pata

San Juan Capistrano, CA 92675

B. Coyote Canyon Landfill

20661 Newport Coast Drive

Irvine, CA 92612

C. Frank R. Bowerman Landfill

11002 Bee Canyon Access Road Irvine, CA 92602

D. Santiago Canyon Landfill

3099 Santiago Canyon Road

Orange, CA 92869

E. Olinda Alpha Landfill

1942 N. Valencia Avenue

Brea, CA 92823

F. Gothard Landfill

18131 Gothard Street

Huntington Beach, CA 92648

Between Goldenwest and Gothard Streets and a ¼ mile south of Talbert

SECTION 3. PRICING

SEED LIST - COMMERCIALLY SOURCED

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

1 Aristida purpurea / Purple Three Awn $ per pound

2 Achillea millefolium / California Yarrow $ per pound

3 Artemisia californica / Californa Sagebrush $ per pound

4 Atriplex brewerii / Brewer's Saltbush $ per pound

5 Atriplex lentiformis / Giant Saltbush $ per pound

6 Baccharis pilularis / Coyotebush $ per pound

7 Bromus arizonicus / Cucamonga Brome $ per pound

8 Bromus carinatus / California Brome $ per pound

9 Convolvulus simulans / Small-flowered morning glory $ per pound

10 Deinandra paniculata / San Diego Tarplant $ per pound

11 Deschampsia elongatum / Aira $ per pound

12 Diplicus longiflorus / Southern Monkey Flower $ per pound

13 Encelia californica / Encelia $ per pound

14 Erigonum fasciculatum / California Buckwheat $ per pound

15 Eriophyllum confertiflorum / Golden Yarrow $ per pound

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

16 Eschscholzia californica / California Poppy $ per pound

17 Frankenia salina / Alkali Heath $ per pound

18 Galium angustifolium / Bedstraw $ per pound

19 Gnaphalium californicum / California Everlasting $ per pound

20 Heliotropium curassavicum / Salt Heliotrope $ per pound

21 Hordeum brachyantherum / Meadows Barley $ per pound

22 Hordeum californica / California Barley $ per pound

23 Hordeum intercedens / Vernal Barley $ per pound

24 Isocoma menziesii / Coast Goldenbush $ per pound

25 Isocoma veneta / Mission Red $ per pound

26 Isomeris arborea / Bladderpod $ per pound

27 Lasthenia californica / Dwarf Goldfields $ per pound

28 Lasthenia glabrata / Goldfields $ per pound

29 Leymus condensatus / Giant Wild Rye $ per pound

30 Leymus glaucus / Blue Wild Rye $ per pound

31 Leymus tricoides / Creeping Wild Rye $ per pound

32 Lotus scoparius / Deerweed $ per pound

33 Lupinus bicolor / Pigmy Leafed Lupine $ per pound

34 Lupinus hursutissimus / Hairy Lupine $ per pound

35 Lupinus succulentus / Arroyo Lupine $ per pound

36 Melica california / California Melic $ per pound

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

37 Melica imperfecta / Coast Range Melic $ per pound

38 Mimulus aurantiacus / Sticky Monkey Flower $ per pound

39 Muhlenbergia rigens / Deergrass $ per pound

40 Nassella cernua / Nodding Needlegrass $ per pound

41 Nassella coronata / Giant Needlegrass $ per pound

42 Nassella lepida / Foothill Needlegrass $ per pound

43 Nassella pulchra / Purple Needlegrass $ per pound

44 Oenothera hookerii / Evening Primrose $ per pound

45 Penstemon spectablis / Penstemon $ per pound

46 Plantago erecta / California Plantain $ per pound

47 Poa secunda / Malpais Bluegrass $ per pound

48 Salvia apiana / White Sage $ per pound

49 Salvia mellifera / Black Sage $ per pound

50 Sisyrinchium bellum / Blue Eyed Grass $ per pound

51 Suaeda taxifolia / Woolly seablite $ per pound

52 Vulpia microstachys / Small Fescue $ per pound

53 MISCELLANEOUS [Indicate Markup] Cost + ____%

Markup

SEED LIST - LOCALLY SOURCED

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

1 Aristida purpurea / Purple Three Awn $ per pound

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

2 Achillea millefolium / California Yarrow $ per pound

3 Artemisia californica / Californa Sagebrush $ per pound

4 Atriplex brewerii / Brewer's Saltbush $ per pound

5 Atriplex lentiformis / Giant Saltbush $ per pound

6 Baccharis pilularis / Coyotebush $ per pound

7 Bromus arizonicus / Cucamonga Brome $ per pound

8 Bromus carinatus / California Brome $ per pound

9 Convolvulus simulans / Small-flowered morning glory $ per pound

10 Deinandra paniculata / San Diego Tarplant $ per pound

11 Deschampsia elongatum / Aira $ per pound

12 Diplicus longiflorus / Southern Monkey Flower $ per pound

13 Encelia californica / Encelia $ per pound

14 Erigonum fasciculatum / California Buckwheat $ per pound

15 Eriophyllum confertiflorum / Golden Yarrow $ per pound

16 Eschscholzia californica / California Poppy $ per pound

17 Frankenia salina / Alkali Heath $ per pound

18 Galium angustifolium / Bedstraw $ per pound

19 Gnaphalium californicum / California Everlasting $ per pound

20 Heliotropium curassavicum / Salt Heliotrope $ per pound

21 Hordeum brachyantherum / Meadows Barley $ per pound

22 Hordeum californica / California Barley $ per pound

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

23 Hordeum intercedens / Vernal Barley $ per pound

24 Isocoma menziesii / Coast Goldenbush $ per pound

25 Isocoma veneta / Mission Red $ per pound

26 Isomeris arborea / Bladderpod $ per pound

27 Lasthenia californica / Dwarf Goldfields $ per pound

28 Lasthenia glabrata / Goldfields $ per pound

29 Leymus condensatus / Giant Wild Rye $ per pound

30 Leymus glaucus / Blue Wild Rye $ per pound

31 Leymus tricoides / Creeping Wild Rye $ per pound

32 Lotus scoparius / Deerweed $ per pound

33 Lupinus bicolor / Pigmy Leafed Lupine $ per pound

34 Lupinus hursutissimus / Hairy Lupine $ per pound

35 Lupinus succulentus / Arroyo Lupine $ per pound

36 Melica california / California Melic $ per pound

37 Melica imperfecta / Coast Range Melic $ per pound

38 Mimulus aurantiacus / Sticky Monkey Flower $ per pound

39 Muhlenbergia rigens / Deergrass $ per pound

40 Nassella cernua / Nodding Needlegrass $ per pound

41 Nassella coronata / Giant Needlegrass $ per pound

42 Nassella lepida / Foothill Needlegrass $ per pound

43 Nassella pulchra / Purple Needlegrass $ per pound

Line Item BOTANICAL NAME / COMMON NAME Unit of Measure Unit Cost

44 Oenothera hookerii / Evening Primrose $ per pound

45 Penstemon spectablis / Penstemon $ per pound

46 Plantago erecta / California Plantain $ per pound

47 Poa secunda / Malpais Bluegrass $ per pound

48 Salvia apiana / White Sage $ per pound

49 Salvia mellifera / Black Sage $ per pound

50 Sisyrinchium bellum / Blue Eyed Grass $ per pound

51 Suaeda taxifolia / Woolly seablite $ per pound

52 Vulpia microstachys / Small Fescue $ per pound

53 MISCELLANEOUS [indicate mark-up] Cost + ____%

Markup

SLURRY LIST

Line Item ITEM Application

Rate (/acre) Unit of Measure Unit Cost

1 Fiber Mulch 2,000 lb

2 Tackifier (Soil Stabilant) 80 to 140 lb

3 Flexterra Bonded Fiber Matrix 4,000 lb

4 Formulated Hydroblend by Land Tech 3,000 lb

5 Earthguard Fiber Matrix 10 to 60 gallon

6 Earthguard Organix 3,500 to 5,000 lb

7 Earthguard Fusion 2,000 to 4,500 lb

8 Fertilizer 16-20-0 150-300 lb

Line Item ITEM Application

Rate (/acre) Unit of Measure Unit Cost

9 Fertilizer 12-12-12 250 lb

10 Fertilizer 15.5-0-0 150 lb

11 Fertilizer 6-20-20 160 lb

12 Compost 1,725 lb

13 Mycorrhizal Innoculant 60 lb

14 Surcharge - existing vegetation avoidance 1 acre

SECTION 4. VENDOR QUESTIONNAIRE

4.1 BID VALIDITY: *

Bids will be valid for a period of 365 days after IFB closing date.

☐ Please confirm

*Response required

4.2 COMPANY PROFILE, REFERENCES BIDDER CERT

4.2.1 Company Legal Name:*

*Response required

4.2.2 Company Legal Status (Corporation, Partnership, Sole Proprietor, etc.):*

*Response required

4.2.3 Business Address:*

*Response required

4.2.4 Telephone No:*

*Response required

4.2.5 Facsimile Number:*

*Response required

4.2.6 E-mail Address:*

*Response required

4.2.7 Length of time the firm has been in business:*

*Response required

4.2.8 Length of time at current location:*

*Response required

4.2.9 Is your firm the sole proprietor doing business under a different name:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.10 If yes, please indicate sole proprietor’s name and the business name:*

*Response required

4.2.11 Is your firm incorporated:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.12 If yes, State of Incorporation:*

*Response required

4.2.13 Federal Taxpayer I.D. No:*

*Response required

4.2.14 D-U-N-S® No:*

*County requires a valid D-U-N-S® number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S® number, please indicate so in your proposal/bid submission response.

*Response required

4.2.15 UEI No, if applicable:*

*Response required

4.2.16 Regular Business Hours:*

*Response required

4.2.17 Regular Holidays and Hours when business is closed:*

*Response required

4.2.18 Contact person in reference to this solicitation:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

http://www.dnb.com/

*Response required

4.2.19 Name of Service Manager:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.20 Contact Person for Accounts Payable:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.21 Information Technology Contact:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.22 In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.23 References (minimum 3)*

Please Provide the following information for at least three (3) references:

Contractor shall submit at least three (3) references or letter of references where similar work of similar size is currently in process or recently completed. References must cover commodities or services performed by your company within the past ten (10) years. Include name of firm, phone, and name of the contact person, a brief work/project description, and completion date. These references will be checked and could affect the award of the

Contract. References shall not be provided for department conducting the solicitation.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

*Response required

4.3 BIDDER CERTIFICATION

4.3.1 Conflict of Interest*

Bidder must certify either Yes or No below:

Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. (Yes) Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange

County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

B. (No) Bidder certifies that no relationships exist/existed as outlined in item I above.

*Orange County Board of Supervisors govern: All Assessment Districts, All Community

Facilities Districts, All Reassessment Districts, Housing and Community Development

Commission, Housing Successor Agency to the Orange County Development Agency, In-

Home Supportive Services Public Authority, Industrial Development Authority For

Orange County, Local Redevelopment Authority Marine Corp Air Station (MCAS) El

Toro, Orange County Financing Authority, Orange County Flood Control District, Orange

County Housing Authority, Orange County Housing Authority Acting As the Housing

Successor Agency, Orange County Public Financing Authority, Orange County Special

Financing Authority, South Orange County Public Financing Authority, and the Successor

Agency to the Orange County Development Agency

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.2 Disclose any financial, business or other relationship with the County of

Orange, any other entity that the Orange County Board of Supervisors governs*, or any

Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.*

*Response required

4.3.3 Litigation*

Bidder must certify either Yes or No below:

Bidder certifies current/past litigation as follows:

A. (Yes) Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Bidder, or any company that holds a controlling interest in Bidder, against the County of Orange in the past seven (7) years.

B. (No) Bidder certifies that Bidder or any proposed subcontractors do not have any past or current litigation.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.4 Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.*

*Response required

4.3.5 Name/Ownership Changes:*

Respondent must certify either Yes or No below:

A. (Yes) Respondent certifies past company name changes and/or ownership changes, for

Respondent’s firm and any proposed subcontractor firm, as follows:

1. Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.6 Bidder shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. *

4.3.7 Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this IFB, including, but not limited to the terms and conditions set forth in the Model Contract and its Attachments and

Exhibits, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this IFB, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, except for those exceptions expressly listed as required by this IFB and attached hereto. Attachments for each proposed exception to this IFB, including, but not limited to the Model Contract, must include:

1. The complete provision Bidder is taking exception to.

2. The IFB page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

*Response required

When equals "No"

4.3.8 Provide exceptions to the requirements of this IFB including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits.*

4.3.9 Financial Status*

A. Bidder shall indicate whether its principals, directors, or majority shareholder(s), or any company

Bidder has held a controlling interest in, or which has held a controller interest in Bidder, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attach statement indicating the bankruptcy date, court jurisdiction, trustee’s name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy.

No action pending No prior action Information Attached

☐ No Action Pending

☐ No Prior Action

☐ Information attached

*Response required

4.3.10 Is your firmIs your firm a County Of Orange Local Small Business (OCLSB) or a

Disabled Veteran Business Enterprise (DVBE)?*

To participate as an OCLSB the following requirements must be met:

A. A local small business must be certified with State of California the Department of

General Services (DGS) as a Small Business - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

B. Upon certification as Small Business with DGS, the local small business shall access the

OCLSB Preference portal at www.OCLSBverify.com, search their legal company/business name in the County’s database and print the OCLSB Certification.

1. Business name shall match the Company Legal Name specified on the Company

Profile.

C. OCLSB Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award. County reserves the right to verify and/or reject incomplete documents.

D. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the OCLSB Certification are required and must be returned with the solicitation response in order to compete as an OLSB.

To participate as a DVBE the following requirements must be met:

A. A business must be certified with DGS as a DVBE -https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-%20index.aspx https://caleprocure.ca.gov/pages/sbdvbe-%20index.aspx http://www.oclsbverify.com/ https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

B. DVBE Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award. County reserves the right to verify and/or reject incomplete documents.

C. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the DVBE Certification are required and must be returned with the solicitation response in order to compete as a DVBE.

OCLSB or DVBE Preference provides for the following:

A. Invitation for Bid – IFB

When the lowest bidder is not an OCLSB or DVBE, the sole lowest certified OCLSB or

DVBE within five percent (5%) of the lowest bid shall be given the opportunity to price match the lowest bid. To participate in either preference policy, the sole lowest qualified

OCLSB or DVBE must accept the County’s offer to price match within three (3) business days from the County’s offer, unless otherwise specified by the County. If two or more

OCLSBs or DVBEs have tied bids within the 5%, the County shall request best and final bids from each OCLSB or DVBE, which shall price match the lowest bid or better. If the best and final bids are tied, the County shall determine the contract award based on the

County’s best interest.

Dual OCLSB and DVBE Preference provides for the following:

A. Business Certified as OCLSB and DVBE

If a State-certified OCLSB is also a State-certified DVBE, the preference given to that business shall be 8% instead of 5%. The separate OCLSB/DVBE preferences shall not be applied.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.11 County of Orange Local Small Business (OCLSB) and/or Disabled Veteran

Business Enterprise (DVBE) Affirmation*

Please download the below documents, complete, and upload.

• Local_Small_Business_(OCLSB...

*Response required

4.3.12 The Levine Act: County of Orange Campaign Contribution Disclosure*

The Levine Act compliance is a minimum submittal requirement of this solicitation.

https://government-project.s3.us-west-2.amazonaws.com/69844/05f24dcd-2dec-43ad-8f14-df06acdf673f_Local_Small_Business_%28OCLSB%29_Preference_And_Disabled_Veteran_Business_Enterprise_%28DVBE%29_Certification_Requirements.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4AQ6VSJEG%2F20240627%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240627T215415Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEE0aCXVzLXdlc3QtMiJHMEUCIQDtkA4dBm3PxC02LKuaW53%2FWxQiL4Urx8PKdGwd9l%2BHigIgWQdVaYmMxhbCdHp0cocHxxXdy7XB0l73pgtPA%2F6q3bwqjAUI9v%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDN7Ihk0%2FZZeoBkeypirgBH4WaroDVUOJGb39qXYBlLUhEEJRhijH150pOdcwd1uV4S3LEZcQ2vCjsMhBnRWORt1hewQl79cIfguqeJSjcJRTNLZLO1tE4nkHZ7F5TjE1yQntDBw%2FLygWmGvCk9GLObMS7DpCbNeCQNyrdMYJSVt22tli1b99VnJK3%2BiyrGtXXnj%2Byxm2FJDLQfaFR0zajmFOR7jUHsSQWMmMnAkArjj4IqAApEwsb%2Bzb48uM07Sn4Z074CJGS3uvJ1WEikpDLXHnvfH%2Bupzb2xgnCf4%2FRQPpXDNZuDgf1IDrrY61%2F59woNg5I%2Fih%2FGEcAzn6R1TS2%2BTegZCAj49h%2FlqROg6AB%2F8TVrsq6vdYoABwWSPO3%2BMhUoMjqwTe6lx6Jg2n5irPSNxfPgx1z1qsWVOy7w3xcKUrbrRyXCJNAjsEUe8HBUUqVUYDBLnvoL4j8iNeQvOMrycurSsdMPaPGQE1pO%2BdsDCmVwVGF%2FVBP7lmxGyDM71qyi9NJ28SKahoUORVtsTm2PAAu2WYhW5GL3gZ8vepQ%2BcvjaNgqiBifvLvU6ZgLWO6YAVNdpQVwwnJMXrjP9Qs1SnCBqBuQJU2upvC8B8o8AuD%2Fxt03OBWTeSOuuj1T2xbaecoVCeaozjWbTsBfy8my%2BSMSksiWbwV%2FlioS1eMw2ohUtqJtQPSIX2JaWCjgEifxIO0ta6jGXyYXQaa8%2FyELgbjgdN1K%2FaSHidjLJOFL5rh0pQ3dRbIbXEOlkRBf0p3fpgUVvZo%2BSP1k5loDLqjzcUf%2B7oLMT7yZe4OvXVrDEfXyEUGNq7VZYuXpBeUy0xlMOOj97MGOpsBp2TIxj5YaRnxbl9cEpb5U0CIV4Rh3UX4SOxlsqOhMh9EyuD0dAIasdJ5%2BbUeYBhiYOMXN6RrofxlYdRNw5jXmUFLIySmgsIgVWU4kSWE5ZQaWFNylwsKaLKt8FRYoQDjItD8k7iDWqNAHWcDixo4uQJ9k83XPNlYER6O8cBNfdRYs6kMY4LOCqkjrXCM79M7zk%2Fn617N%2BMaUlCA%3D&X-Amz-Signature=1798e3f8890f1da54541d9312b6b5e8defbdba8cb1f1cbe915de2754cdbbe538&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Local_Small_Business_%28OCLSB%29_Preference_And_Disabled_Veteran_Business_Enterprise_%28DVBE%29_Certification_Requirements.docx%22&x-id=GetObject

Please complete and sign the County of Orange Campaign Contribution Disclosure Form attached hereto. A proposer’s failure to provide a completed and signed copy will render its proposal as incomplete and nonresponsive.

• CAMPAIGN_CONTRIBUTION_DISCL...

*Response required

4.3.13 Certification Regarding Debarment *

Please download the below documents, complete, and upload.

• CERTIFICATION_REGARDING_DEB...

*Response required

4.3.14 Contractor Safety*

Contractor shall comply with County’s Safety and Loss Prevention Policy and Procedure #306

(“Contractor Safety Responsibilities”) and submit a copy of its Injury and Illness Prevention

Program (IIPP) and Contractor Safety-Activity Checklist to the designated County Procurement staff as part of the solicitation and/or contract process. Contractor will notify County Project

Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity

Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section 1509 or 3203 (whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this Contract.

*Response required

4.3.15 Safety Data Sheets (SDS)*

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of

Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to County. The SDS for each substance must be sent to either the County Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.

*Response required

SECTION 5. GENERAL INFORMATION

5.1 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each

Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for https://government-project.s3.us-west-2.amazonaws.com/69844/8f625478-07ac-49ce-bd7d-acc39591b83c_CAMPAIGN_CONTRIBUTION_DISCLOSURE_FORM_%282%29.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4AQ6VSJEG%2F20240627%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240627T215415Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEE0aCXVzLXdlc3QtMiJHMEUCIQDtkA4dBm3PxC02LKuaW53%2FWxQiL4Urx8PKdGwd9l%2BHigIgWQdVaYmMxhbCdHp0cocHxxXdy7XB0l73pgtPA%2F6q3bwqjAUI9v%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDN7Ihk0%2FZZeoBkeypirgBH4WaroDVUOJGb39qXYBlLUhEEJRhijH150pOdcwd1uV4S3LEZcQ2vCjsMhBnRWORt1hewQl79cIfguqeJSjcJRTNLZLO1tE4nkHZ7F5TjE1yQntDBw%2FLygWmGvCk9GLObMS7DpCbNeCQNyrdMYJSVt22tli1b99VnJK3%2BiyrGtXXnj%2Byxm2FJDLQfaFR0zajmFOR7jUHsSQWMmMnAkArjj4IqAApEwsb%2Bzb48uM07Sn4Z074CJGS3uvJ1WEikpDLXHnvfH%2Bupzb2xgnCf4%2FRQPpXDNZuDgf1IDrrY61%2F59woNg5I%2Fih%2FGEcAzn6R1TS2%2BTegZCAj49h%2FlqROg6AB%2F8TVrsq6vdYoABwWSPO3%2BMhUoMjqwTe6lx6Jg2n5irPSNxfPgx1z1qsWVOy7w3xcKUrbrRyXCJNAjsEUe8HBUUqVUYDBLnvoL4j8iNeQvOMrycurSsdMPaPGQE1pO%2BdsDCmVwVGF%2FVBP7lmxGyDM71qyi9NJ28SKahoUORVtsTm2PAAu2WYhW5GL3gZ8vepQ%2BcvjaNgqiBifvLvU6ZgLWO6YAVNdpQVwwnJMXrjP9Qs1SnCBqBuQJU2upvC8B8o8AuD%2Fxt03OBWTeSOuuj1T2xbaecoVCeaozjWbTsBfy8my%2BSMSksiWbwV%2FlioS1eMw2ohUtqJtQPSIX2JaWCjgEifxIO0ta6jGXyYXQaa8%2FyELgbjgdN1K%2FaSHidjLJOFL5rh0pQ3dRbIbXEOlkRBf0p3fpgUVvZo%2BSP1k5loDLqjzcUf%2B7oLMT7yZe4OvXVrDEfXyEUGNq7VZYuXpBeUy0xlMOOj97MGOpsBp2TIxj5YaRnxbl9cEpb5U0CIV4Rh3UX4SOxlsqOhMh9EyuD0dAIasdJ5%2BbUeYBhiYOMXN6RrofxlYdRNw5jXmUFLIySmgsIgVWU4kSWE5ZQaWFNylwsKaLKt8FRYoQDjItD8k7iDWqNAHWcDixo4uQJ9k83XPNlYER6O8cBNfdRYs6kMY4LOCqkjrXCM79M7zk%2Fn617N%2BMaUlCA%3D&X-Amz-Signature=9413001409860d0d39f54b428bc37c4b2306fa82e3159891451f758064806823&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CAMPAIGN_CONTRIBUTION_DISCLOSURE_FORM_%282%29.docx%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/69844/4f66413b-991a-48a7-b627-a9ce1bd24a32_CERTIFICATION_REGARDING_DEBARMENT_OC.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4AQ6VSJEG%2F20240627%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240627T215415Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEE0aCXVzLXdlc3QtMiJHMEUCIQDtkA4dBm3PxC02LKuaW53%2FWxQiL4Urx8PKdGwd9l%2BHigIgWQdVaYmMxhbCdHp0cocHxxXdy7XB0l73pgtPA%2F6q3bwqjAUI9v%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDN7Ihk0%2FZZeoBkeypirgBH4WaroDVUOJGb39qXYBlLUhEEJRhijH150pOdcwd1uV4S3LEZcQ2vCjsMhBnRWORt1hewQl79cIfguqeJSjcJRTNLZLO1tE4nkHZ7F5TjE1yQntDBw%2FLygWmGvCk9GLObMS7DpCbNeCQNyrdMYJSVt22tli1b99VnJK3%2BiyrGtXXnj%2Byxm2FJDLQfaFR0zajmFOR7jUHsSQWMmMnAkArjj4IqAApEwsb%2Bzb48uM07Sn4Z074CJGS3uvJ1WEikpDLXHnvfH%2Bupzb2xgnCf4%2FRQPpXDNZuDgf1IDrrY61%2F59woNg5I%2Fih%2FGEcAzn6R1TS2%2BTegZCAj49h%2FlqROg6AB%2F8TVrsq6vdYoABwWSPO3%2BMhUoMjqwTe6lx6Jg2n5irPSNxfPgx1z1qsWVOy7w3xcKUrbrRyXCJNAjsEUe8HBUUqVUYDBLnvoL4j8iNeQvOMrycurSsdMPaPGQE1pO%2BdsDCmVwVGF%2FVBP7lmxGyDM71qyi9NJ28SKahoUORVtsTm2PAAu2WYhW5GL3gZ8vepQ%2BcvjaNgqiBifvLvU6ZgLWO6YAVNdpQVwwnJMXrjP9Qs1SnCBqBuQJU2upvC8B8o8AuD%2Fxt03OBWTeSOuuj1T2xbaecoVCeaozjWbTsBfy8my%2BSMSksiWbwV%2FlioS1eMw2ohUtqJtQPSIX2JaWCjgEifxIO0ta6jGXyYXQaa8%2FyELgbjgdN1K%2FaSHidjLJOFL5rh0pQ3dRbIbXEOlkRBf0p3fpgUVvZo%2BSP1k5loDLqjzcUf%2B7oLMT7yZe4OvXVrDEfXyEUGNq7VZYuXpBeUy0xlMOOj97MGOpsBp2TIxj5YaRnxbl9cEpb5U0CIV4Rh3UX4SOxlsqOhMh9EyuD0dAIasdJ5%2BbUeYBhiYOMXN6RrofxlYdRNw5jXmUFLIySmgsIgVWU4kSWE5ZQaWFNylwsKaLKt8FRYoQDjItD8k7iDWqNAHWcDixo4uQJ9k83XPNlYER6O8cBNfdRYs6kMY4LOCqkjrXCM79M7zk%2Fn617N%2BMaUlCA%3D&X-Amz-Signature=b7e84caa57a6b56c73a340af80903a3966ff0aa90f77eb1d92a96feed217c81b&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CERTIFICATION_REGARDING_DEBARMENT_OC.pdf%22&x-id=GetObject https://cpo.ocgov.com/sites/cpo/files/2021-10/306%20County's%20Safety%20and%20Loss%20Prevention%20Policy%20and%20Procedure.pdf https://cpo.ocgov.com/sites/cpo/files/2021-10/306%20County's%20Safety%20and%20Loss%20Prevention%20Policy%20and%20Procedure.pdf https://cpo.ocgov.com/sites/cpo/files/2021-10/Contractor%20Safety%20-%20Activity%20Checklist.pdf clarification/interpretation to the County Deputy Purchasing Agency (DPA) via the County’s online biding system.

5.2 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this Invitation for Bid (IFB). County will provide all official communication concerning this

IFB. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov.

5.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by July 12, 2024 before 2:00 pm

5.4 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

5.5 IMPORTANT DATES

These dates only apply to IFB# IFB-299-2667005-JDW

Release Project Date: June 27, 2024

Question Submission Deadline: July 12, 2024, 2:00pm

Question Response Deadline: July 17, 2024, 2:00pm

Bid Submission Deadline: July 26, 2024, 4:00pm

5.6 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Donald P. Wagner, Chairman, Third District

Andrew Do, Vice Chairman, First District

Vicente Sarmiento, Second District

Doug Chaffee, Fourth District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor

Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator

Don Barnes, Sheriff-Coroner

Shari A. Freidenrich, Treasurer-Tax Collector

Andrew Hamilton, Auditor-Controller-Elect

5.7 BUSINESS HOURS

OC Waste & Recycling Procurement Services regular business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. OC Waste & Recycling Procurement Services will be closed on the following dates for County-observed holidays during this bidding period: Thursday, July 4, 2024.

SECTION 6. GENERAL INSTRUCTIONS

6.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work.

Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

6.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

6.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on https://procurement.opengov.com/portal/ocgov/projects/102558/document?section=933780 https://procurement.opengov.com/portal/ocgov/projects/102558/document?section=933780 time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the IFB deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

6.4 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to General Terms and Conditions, Article O-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes

Contractor’s Legal Business Name(s). Out of State Vendors may be required to submit a

587/590 Form.

6.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of Work and the Model Contract, Attachment A; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

6.6 NO SUBSTITUTION

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

6.7 COMPANY PROFILE, BIDDER CERTIFICATION AND REFERENCES

Bidder shall utilize the forms provided to satisfy this requirement.

mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

6.8 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

6.9 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet.

Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

6.10 PROTESTS

In the event a Bidder believes that County’s solicitation is unfairly restrictive or ambiguous or contains conflicting provisions or the Bidder believes that any resulting Contract would be commercially impractical to perform, the Bidder must file a written protest with the County DPA.

A. ProcedureAll protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

1. The name, address and telephone number of the protester.

2. The signature of the protester or the protester’s representative.

3. The solicitation or contract number.

4. A detailed statement of the legal and/or factual grounds for the protest; and

5. The form of relief requested.

B. Protest of Bid Specifications:

1. All protests related to bid specifications must be submitted to the County DPA no later than five (5) business days prior to the close of the bid. Protests received after the five (5) business day deadline will not be considered by the County.

2. In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid submittal procedures provided in the bid.

C. Protest of Award of Contract:In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the County DPA. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

1. Protest Process

a. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the County DPA, the County Procurement Officer or the Procurement

Appeals Board renders a decision on the protest.

b. Upon receipt of a timely protest, the County DPA will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

c. The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

d. If the protester disagrees with the decision of the County DPA, the protestor may submit a written notice to the Office of the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

B. Appeal Process

A. If the protester wishes to appeal the decision of the County DPA, the protester must submit, within three (3) business days from receipt of the County DPA’s decision, a written appeal to:

Email: CPOAppeals@ocgov.com

Or

County of Orange/County Procurement Office Attn: Johan DeWaal Rodriguez 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

6.11 ACCEPTANCE/REJECTION/AWARD

Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law.