IFB_ASTM_E-84,_Rebid__1.pdf

Business, Consumer Services and Housing Agency Edmund G. Brown Jr., Governor

INVITATION FOR BID

IFB No. BEARHFTI-16-1, Rebid #1

Thermal Insulation Fire Safety Test Notice to Prospective Bidders

To all Prospective Bidders:

You are invited to review and respond to this Invitation for Bid (IFB) No. BEARHFTI-16-1, Rebid #1, entitled “Department of Consumer Affairs – Thermal Insulation Fire Safety Test”. In submitting your bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California shall include by reference General Terms and Conditions (GTC-610) and Contractor Certification Clauses (CCC 307) that may be viewed and downloaded at Internet site http://www.ols.dgs.ca.gov/Standard+Language/default.htm.

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

In the opinion of the Department of Consumer Affairs, Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI), this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Department of Consumer Affairs Business Services Office, Contracts Unit

Attention: Austin Kircher 1625 N. Market Boulevard, Suite S-103

Sacramento, CA 95834

(916) 574-7296 FAX (916) 574-8658

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

Original signed by

Austin Kircher Contract Administrator

OFFICE OF ADMINISTRATIVE SERVICES

Contracts Unit 1625 N. Market Boulevard, S-103

P (916) 574-7296 F (916) 574-8658 http://www.ols.dgs.ca.gov/Standard+Language/default.htm

Table of Contents

Page

1. Purpose and Description of Services

2. Bidder Minimum Qualifications

3. Bid Requirements and Information

A. Time Schedule B. Submission of Bid C. Review and Selection Process D. Award and Protest E. Disposition of Bid F. Standard Conditions of Service G. Darfur Contracting Act…………………………………………………………… 7 H. Loss Leader………………………………………………………………………. 8 I. Preference Program……………………………………………………………… 8

4. Required Attachments

Attachment 1 - Required Attachment Checklist Attachment 2 - Bid/Bidder Certification Sheet Attachment 3 - Cost Sheet Attachment 4 - Bidder References Attachment 5 - Payee Data Record (STD 204) Attachment 6 - Contractor’s Certification Clause (Page 1) Attachment 7 - Prospectus Attachment 8 - Proof of Accreditation

Attachment 9 - California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions…………………………………………. 16 Attachment 9A – Bidders Declaration……………………………………………... 18

Attachment 10 - Darfur Contracting Act Certification……………………………. 19

5. Sample Standard Agreement (STD 213) Exhibit A, Scope of Work Exhibit A, Attachment 1, Sample Packing Slip Exhibit B, Budget Detail and Payment Provisions Exhibit B, Attachment 1, Cost Sheet… Exhibit C, General Terms and Conditions Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions

1. Purpose and Description of Services

The Department of Consumer Affairs, Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) is inviting bids to provide large-scale fire safety testing services on insulation materials as specified in this invitation for bid (IFB).

Prior to January 1, 2017, the Contractor shall conduct the fire safety tests in accordance with ASTM E 84-07 (Test Methods for Surface Burning Characteristics of Building Materials) or UL 723-03 (Standard for Test for Surface Burning Characteristics of Building Materials – with revision through May 2005).

On and after January 1, 2017, the Contractor shall conduct the fire safety tests in accordance with ASTM E 84-2013A (Test Methods for Surface Burning Characteristics of Building Materials) or UL 723-2008 (Standard for Test for Surface Burning Characteristics of Building Materials – with revision through September 2010).

The Contractor shall use the mounting method ASTM E 2599 when testing radiant barriers, reflective foils, and reflective plastic core insulations. The appropriate tests will be conducted on insulation materials identified and supplied by the BEARHFTI during the term of the contract.

The purpose of this IFB is to solicit bids for thermal insulation fire safety testing services for the BEARHFTI as described herein. See Sample Agreement, Exhibit A, Scope of Work (page 14), for more information.

The anticipated term of this agreement shall be from May 1, 2016 (or upon approval) through April 30, 2019.

2. Bidder Minimum Qualifications

The Bidder shall have a laboratory facility capable of performing the fire safety tests using the ASTM E 84 or UL 723 standards and be able to obtain accurate and reproducible results. In addition, the Contracting laboratory shall be accredited to perform the ASTM E 84 or UL 723 fire safety test. To determine qualification of the prospective Bidder, the Bidder shall submit:

A. Prospectus, including a statement that the laboratory can perform the ASTM E 84 or UL 723 test(s), as mentioned above.

B. References to show the Bidder has successfully performed the ASTM E 84 or UL 723 test(s), as mentioned above.

C. Written proof of accreditation from one (1) or more of the following:

a. NVLAP (National Voluntary Laboratory Accreditation Program)

b. ILAC (International Laboratory Accreditation Cooperation)

c. APLAC (Asian Pacific Laboratory Accreditation Cooperation)

d. IAAC (Inter American Accreditation Cooperation)

The Bidders shall meet all qualifying and licensing requirements at the time of the bid opening.

Bids may be rejected and deemed non-responsive if not submitted with a prospectus and required number of references.

3. Bid Requirements and Information

A. Time Schedule

Below is the tentative time schedule for this procurement:

Event Date

IFB available to prospective bidders March 28, 2016

Question submittal deadline April 1, 2016

Final Date for Bid Submission April 14, 2016 @ 3:00 p.m.

Bid Opening April 15, 2016 @ 10:00 a.m.

Proposed Start Date of Agreement May 1, 2016 or upon approval

B. Submittal of Written Questions or Inquiries

All questions must be submitted electronically via email to Austin Kircher at austin.kircher@dca.ca.gov by April 1, 2016 (refer to letter A above, Time Schedule) to allow the DCA time to respond. Inquiries received after this date will only be addressed at DCA’s discretion. Question and answer sets will be provided to all Bidders without identifying submitters. ALL QUESTIONS MUST BE SUBMITTED IN WRITING.

1. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modification to the IFB will be provided in writing and posted on the Cal eProcure System via a formal addendum. The addendum will become part of the IFB.

This IFB may only be changed by a written addendum. Any verbal representation made by the DCA/BEARHFTI staff is not binding on the DCA/BEARHFTI or the Bidder, and cannot be interpreted as modifications or clarifications to this IFB.

C. Submission of Bid

a. All bids are to be submitted under sealed envelope and sent and received by Austin Kircher by the dates and times indicated in Section 3, Bid Requirements and Information, Item A, Time Schedule. The sealed envelope must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with “DO NOT OPEN UNTIL” as shown in the following example:

Thermal Insulation Fire Safety Test Department of Consumer Affairs Business Services Office - Contracts Unit Attention: Austin Kircher 1625 North Market Blvd., S-103

DO NOT OPEN UNTIL APRIL 15, 2016

Bids not submitted under sealed envelope may be rejected. One (1) original and two (2) copies shall be submitted.

mailto:austin.kircher@dca.ca.gov

b. All bids shall include the documents identified in Section E, 1, Required Attachment Checklist (Attachment 1). Bids not including the proper "Required Attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c. Mail or deliver bids to the following address:

Mail or deliver bids to the following address:

Business Services Office, Contracts Unit, Attention: Austin Kircher

1625 N. Market Boulevard, Suite S-103

This address applies to both

U.S. Postal Service Deliveries

AND

Hand Deliveries (UPS, Express Mail, Federal Express, and Walk-ins)

d. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid shall be rejected.

e. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.

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

g. The State shall not be responsible for any cost incurred by the Contractor in the preparation or submission of their bid in response to this IFB.

h. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission dead line. Bidder modifications offered in any other manner, oral or written, shall not be considered.

i. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an agent authorized in accordance with Paragraph 7 above. A bidder may thereafter submit a new bid prior to the bid submission dead line. Bids may not be withdrawn without cause subsequent to bid submission dead line.

j. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

k. The awarding agency reserves the right to reject all bids for reasonable cause. The DCA reserves the right to reject any bid that it deems not cost reasonable or for any other reason it deems a bid does not meet the requirements of this IFB. The DCA is not required to award any contracts as a result of the IFB.

l. Bids are public records upon bid opening, however, the contents of bid, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid shall be held in the strictest confidence until the award is made.

Any disclosure of this subject by the bidder is a basis for rejecting a bid and ruling the bidder ineligible to further participate in the bidding process.

m. Upon bid opening, all bids shall be regarded as public records under the California Public

Records Act (Government Code, Section 6250 et seq.) and shall be subject to review by the public. The State cannot prevent the disclosure of public documents.

n. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid shall be rejected.

o. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, quality of surface, or subsurface materials or obstacles that might be encountered. No additions or increases to the Agreement amount shall be made due to a lack of careful examination of work sites and specifications.

C. Review and Selection Process

a. The State shall put each bid through a process of review to determine its responsiveness to the

State's needs. The final selection shall be made on the basis of the lowest responsible bid. At the time of bid opening, each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b. DVBE Participation is exempt from this IFB. However, the DVBE Incentive applies to this IFB.

Please see Attachment 9 for DVBE Incentive Instructions.

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

D. Award and Protest

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

b. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the office of the contracting agency at least five (5) working days prior to awarding of the Agreement.

c. If, prior to the award, any bidder files a protest with the awarding agency against the awarding of the Agreement on the grounds that the bidder is the lowest responsible bidder meeting the specifications for the IFB, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS) has decided the matter.

d. Within five (5) days after filing the initial protest, the Protestant shall file with the DGS and the awarding agency a full and complete written statement specifying the grounds for the protest.

The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, West Sacramento, CA 95605. A copy of the written protest must be mailed to the Department of Consumer Affairs, Business Services Office, Contracts Unit, Attention: Austin Kircher, 1625 N. Market Boulevard, Suite S-103, Sacramento, CA 95834. It is suggested that you submit any protest by certified or registered mail.

e. Upon award of the agreement, the Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC 307) which can be found on the Internet at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

E. Disposition of Bid

All documents submitted in response to this IFB shall become the property of the State of California and may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

F. Standard Conditions of Service

a. Service shall be available on the express date set by the Agency and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the Agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second low bidder or by another Contractor.

b. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

c. The State does not accept alternate contract language from a prospective contractor. A bid with such language shall be considered a counter proposal and shall be rejected. View the following Internet website to see the State’s General Terms and Conditions (GTC-610):

http://www.ols.dgs.ca.gov/standard+language. The terms appearing on this Internet site are not negotiable.

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

All documents submitted in response to this IFB shall become the property of the State of California.

G. Darfur Contracting Act of 2008

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must addresses the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

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

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

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

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b).

H. Loss Leader

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

I. Preference Programs

The standard contract language for the preference programs can be found at the Internet websites listed below:

A. Small Business Enterprise (SBE) http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx B. Target Area Contract Preference Act (TACPA) http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx C. Disabled Veteran Business Enterprise (DVBE) Program http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package shall consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist must also be returned with your bid package.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Checklist (REQUIRED – Attachment included in this IFB)

_____ Attachment 2 Bid/Bidder Certification Sheet (with original signature) (REQUIRED –

Attachment included in this IFB)

_____ Attachment 3 Cost Sheet (REQUIRED – Attachment included in this IFB)

_____ Attachment 4 Bidder References (REQUIRED – Attachment included in this IFB)

_____ Attachment 5 Payee Data Record (STD 204) (REQUIRED – Attachment included in this IFB)

_____ Attachment 6 Contractor Certification Clauses (CCC-307) (REQUIRED – Attachment included in this IFB) http://www.documents.dgs.ca.gov/ols/CCC-307.doc

_____ Attachment 7 Prospectus (REQUIRED – Attachment included in this IFB)

_____ Attachment 8 Proof of Accreditation (REQUIRED – Attachment included in this IFB)

_____ Attachment 9 California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions

_____ Attachment 9a Bidder Declaration (REQUIRED – Attachment included in this IFB)

_____ Attachment 10 Darfur Contracting Act Certification (REQUIRED – Attachment included in this IFB) http://www.documents.dgs.ca.gov/ols/CCC-307.doc

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

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

Do not return Section 3, Bid Requirements and Information or Section 7 "Sample Standard Agreement" at the end of this IFB.

A. Our all inclusive bid is submitted as detailed in the Cost Sheet and as follows:

B. Place all required attachments behind this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

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

3. Address

Indicate your organization type:

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

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

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business & DVBE Services (OSDC) as:

a. Small Business Enterprise Yes No

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below:

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

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

Completion Instructions for Bid/Bidder Certification Sheet (page 2)

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

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

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

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

Enter your federal employee tax identification number.

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

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

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

10, 11, 12, 13

Must be completed. These items are self-explanatory.

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

ATTACHMENT 3

COST SHEET

The cost per ASTM E 84 or UL 723 test must include all of the following:

1. Preparation of sample

2. Testing of sample

3. Initial/Final Report (2 copies)

4. Labor and administrative costs, if applicable

5. Material costs, if applicable

6. Miscellaneous costs (disposal, hazardous waste charge, clean-up, undeliverable products, etc.)

7. Shipping Costs (including BEARHFTI’s cost of shipping sample[s] to the Contractor’s testing facility)

Thermal Insulation Test

Estimated # of Tests* Cost Per Test Total Cost

ASTM

E 84 or UL 723 Test 40 X $ = $

Expedite of Test and 10-day Report (only if requested) 1 X $ = $

(A) AMOUNT PER YEAR $

(B) CONTRACT AMOUNT FOR THREE YEARS (x 3 years)

(C) TOTAL CONTRACT AMOUNT

(Basis for Award)

*Note: The number of tests and expedite reports indicated above are estimates only. The actual number of tests or expedite reports requested per year may fall short of these estimates. All services performed above are paid in arrears on a monthly billing cycle.

Please read and sign:

I hereby certify that I am authorized to sign this Cost Sheet and warrant that the cost shown above is accurate and represents an unconditional offer to the Department of Consumer Affairs.

Signature

Date Signed

Printed Name

Title

Bidding Firm

Federal I.D. Number

ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid shall cause your bid to be rejected and deemed non-responsive.

List below three (3) references of similar types of services performed within the last five (5) years. (Please refer to Bidder Minimum Qualifications, letter B).

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number Dates of Service Value or Cost of Service $ Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code Contact Person Telephone Number

ATTACHMENT 5

STATE OF CALIFORNIA-DEPARTMENT OF FINANCE

PAYEE DATA RECORD

Required when receiving payment from the State of California in lieu of IRS W-9 STD 204 (Rev. 6-2003)

INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at the bottom of this page. Prompt return of this fully completed form will prevent any delays when processing payments. Information provided in this form will be used by State agencies to prepare information Returns (1099). See reverse side for more information and Privacy Statement.

Note: Governmental entities, federal, State, and local (including school districts), are not required to submit this form.

PAYEE’S LEGAL BUSINESS NAME (Type or Print)

SOLE PROPRIETOR – ENTER NAME AS SHOWN ON SSN (Last, First, M.I.)

E-MAIL ADDRESS

MAILING ADDRESS

BUSINESS ADDRESS

CITY, STATE, ZIP CODE

CITY, STATE, ZIP CODE

PAYEE ENTITY

TYPE

NOTE:

Payment will not Be processed without an accompanying taxpayer I.D.

number.

ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): -

PARTNERSHIP CORPORATION:

ο MEDICAL (e.g., dentistry, psychotherapy, chiropractic, etc.)

ESTATE OR TRUST ο LEGAL (e.g., attorney services) ο EXEMPT (nonprofit) ο ALL OTHERS

CHECK

ONE BOX

ONLY

INDIVIDUAL OR SOLE PROPRIETOR

ENTER SOCIAL SECURITY NUMBER: - -

(SSN required by authority of California Revenue and Tax Code Section 18646)

PAYEE

RESIDENCY

STATUS

California resident – Qualified to do business in California or maintains a permanent place of business in California

California nonresident (see reverse side) – Payments to nonresidents for services may be subject to State income tax withholding.

ο No services performed in California.

ο Copy of Franchise Tax Board waiver of State withholding attached.

I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the State agency below.

AUTHORIZED PAYEE REPRESENTATIVE’S NAME (Type or Print)

TITLE

SIGNATURE

DATE

TELEPHONE

Please return completed form to:

Department/Office: _______________________________________________________________________________

Unit/Section: ____________________________________________________________________________________

Mailing Address: ________________________________________________________________________________

City/State/Zip: ___________________________________________________________________________________

Telephone: (___) _____________________________________ Fax: (___) ________________________________

E-mail Address: _________________________________________________________________________________

ATTACHMENTS 6 - 8

Attachment 6 - Contractor Certification Clause (CCC-307)

This can be found on the Internet website http://www.ols.dgs.ca.gov/Standard+Language/default.htm. Page 1 must be signed and submitted with your bid package.

Attachment 7 – Prospectus

(Please refer to Bidder Minimum Qualifications, letter A) Attachment 7 must be attached and submitted with your bid package.

Attachment 8 – Proof of Accreditation

(Please refer to Bidder Minimum Qualifications, letter C) Attachment 8 must be attached and submitted with your bid package.

http://www.ols.dgs.ca.gov/standard+language/default.htm

ATTACHMENT 9

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

BID INCENTIVE INSTRUCTIONS

(Revision Date 09/03/2009)

Please read the requirements and instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, 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 as identified on the Bidder Declaration GSPD-05- 105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

DVBE Participation DVBE Incentive 100% 5%

As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

INTRODUCTION. Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility

RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:

http://www.pd.dgs.ca.gov/smbus/advocate.htm.

Commercially Useful Function Definition

California Code of Regulations, Title 2, § 1896.61(l):

The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

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

• Carries out the obligation by actually performing, managing, or supervising the work involved.

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

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

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

http://www.pd.dgs.ca.gov/smbus/advocate.htm

Attachment 9a

ATTACHMENT 10

Darfur Contracting Act Certification Form

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

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

Company/Vendor Name (Printed)

Federal ID Number

Printed Name and Title of Person Initialing (for Options 1 or 2)

1. _____ We do not currently have, and have not had within the previous

Initials three years, business activities or other operations outside of the United States.

OR

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

General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

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

CERTIFICATION For # 3.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California.

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

TBD

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

Department of Consumer Affairs, Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation

CONTRACTOR'S NAME

Contractor’s Name

2. The term of this May 1, 2016 (or upon approval) through April 31, 2019

Agreement is:

3. The maximum amount $ of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work Exhibit A-1 – Insulation Test Sample Packing Slip

Exhibit B – Budget Detail and Payment Provisions Exhibit B-1 – Cost Sheet

Exhibit C* – General Terms and Conditions

Exhibit D – Special Terms and Conditions

Exhibit E – Additional Terms and Conditions

2 page(s) 2 page(s)

1 page(s) 1 page(s)

GTC-307 6/9/2010

(Number) (Dated) 1 page(s)

1 page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

Contractor’s Name BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

Person signing agreement

ADDRESS

Company Address

STATE OF CALIFORNIA

AGENCY NAME

Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

William Pequinot, Procurement and Contracting Officer

ADDRESS

1625 N. Market Boulevard, Suite S-103 http://www.ols.dgs.ca.gov/Standard+Language

Exhibit A (page 1 of 2)

EXHIBIT A

SCOPE OF WORK

1. The Contractor shall provide the Department of Consumer Affairs (DCA), Bureau of

Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI), with fire safety testing services of insulation materials as described herein.

2. The services shall be performed at (Contractor’s name and address).

3. The project coordinators during the term of this agreement shall be:

Department of Consumer Affairs Contractor name Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation Name: Name:

Phone: Phone:

Fax: Fax:

Email: Email:

Direct all agreement inquiries to:

Department of Consumers Affairs Contractor name Contracts Unit Attention: Austin Kircher Name:

Address: 1625 North Market Blvd., S-103 Address:

Sacramento, CA 95834 Phone: (916) 574-7296 Phone:

Fax: (916) 574-8658 Fax:

Email: austin.kircher@dca.ca.gov Email:

5. The Contractor shall:

A. Provide the personnel, labor, materials, tools, equipment, laboratory facility and every other item of expense necessary to conduct compliance tests in accordance with the ASTM E 84 or UL 723 fire safety tests on insulation material (samples) supplied by the BEARHFTI.

B. Conduct the fire safety tests in accordance with ASTM E 84-07 (Test Methods for Surface Burning Characteristics of Building Materials) or UL 723-03 (Standard for Test for Surface Burning Characteristics of Building Materials – with revision through May 2005) on insulation materials supplied by the BEARHFTI prior to January 1, 2017.

C. Conduct the fire safety tests in accordance with ASTM E 84-2013A (Test Methods for Surface Burning Characteristics of Building Materials) or UL 723-2008 (Standard for Test for Surface Burning Characteristics of Building Materials – with revision through September 2010) on insulation materials supplied by the BEARHFTI on and after January 1, 2017.

D. Use the mounting method ASTM E 2599 when testing radiant barriers, reflective foils, and reflective plastic core insulations.

E. Inspect each sample prior to testing to ensure the sample does not contain any defects, rips, tears, or other damage which could render the test invalid.

Exhibit A (page 2 of 2)

F. Dispose of tested material in accordance with the state and federal laws.

G. Be responsible for all shipping arrangements and costs associated with the delivery of each test sample identified/secured by the BEARHFTI, and shipped to the Contractor’s testing facility.

H. Maintain strict confidentiality at all times. The Contractor shall not publish, disseminate, or share test results in whole or part without the BEARHFTI Chief’s written approval.

Maintain records for five (5) years. After five (5) years, all records shall be disposed of either by deleting files and/or shredding documents.

I. Not subcontract any testing.

6. The Contractor shall conduct large-scale fire safety tests on samples supplied by the

BEARHFTI, as follows:

A. The BEARHFTI shall deliver the insulation material to the Contractor at the expense of the Contractor. Insulation samples are approximately 20¼ in. x 24 ft. – 21¼ in. x 25 ft.

B. The Contractor shall:

1) Conduct tests in accordance to the Quality Standards List ASTM E 84 or UL 723 protocol.

2) Submit initial test reports to the Bureau electronically within twenty (20) calendar days of the date the Contractor receives the insulation samples.

3) Submit the final test reports (hardcopy) to the BEARHFTI within thirty (30) calendar days of the date the Contractor receives the insulation sample.

4) Submit expedited initial test reports to the BEARHFTI electronically within ten (10) calendar days of the date Contractor receives sample.

5) Submit expedited final test reports (hardcopy) to the BEARHFTI within fifteen (15) calendar days of the date the Contractor receives sample.

6) Not state Pass or Fail status on final reports. (This decision shall be made by the

BEARHFTI). Late reports shall be assessed a monetary penalty equal to 10% of the report value per day, each day late. The final report for each test:

a) Shall include:

1. Sample analysis number, Sample Record (SR) number (if provided), item, description, date contractor received sample, etc. All information identified on the Bureau’s Test Sample Packing Slip (attached).

2. Color photograph of sample before and after testing.

3. Analysis number and Sample Record number (if provided), must be clearly identified in the photograph.

4. Any other pertinent or unusual observations regarding test performance.

5. Name and title of all staff performing tests.

b) Shall be:

1. On company letterhead and submitted to the BEARHFTI in duplicate (hardcopy).

2. Submitted as an email attachment in PDF or Microsoft Word format.

3. Addressed to: carrie.cathalifaud@dca.ca.gov and steve.fischer@dca.ca.gov.

7. Contract Monitoring

A. The BEARHFTI shall monitor and ensure that the Contractor is testing according to the ASTM E 84 or UL 723 standard. Monitoring may include on-site inspection, evaluation and discussion.

B. The Contractor shall allow the BEARHFTI staff to view tests, review internal procedures, and participate in employee training programs upon the BEARHFTI’s request.

mailto:carrie.cathalifaud@dca.ca.gov mailto:steve.fischer@dca.ca.gov

Exhibit A-1 (page 1 of 2)

Exhibit A-1

ASTM E 84 Insulation Test Sample Packing Slip

Analysis No. ________________ Contract No.:

Contract Laboratory Location:

Company Name:

Contact:

Address:

Phone:

Date sample shipped out to test lab:_______________

Date sample received at test lab:_____________ Received by:____________

I certify that the sample was received in acceptable testing condition:____________

Notes on sample condition:_____________________________________________

Sample Information:

Description: ___________________________________________________

Model Number:_____________________ Number of pieces:__________________

Color:_______________ Laminated Y/N?__________

Length:________________Width:_______________Thickness:_____________

Inspector:_____________ CR No.______________ SR No._________________

Tests to be performed: ASTM E 84

Submit test report to: Dr. Steve Fischer

4244 S. Market Court, Ste. D

Email: Steve.Fischer@dca.ca.gov

Note: Please include the original packing slip with your test report and billing invoice.

BUREAU OF ELECTRONIC AND APPLIANCE REPAIR,

HOME FURNISHINGS AND THERMAL INSULATION

4244 South Market Court, Suite D, Sacramento, CA 95834-1243 Ph: 916-999-2041 Fax: 916-921-7279 Web: www.bearhfti.ca.gov

Exhibit A-1 (page 2 of 2)

UL 723 Insulation Test Sample Packing Slip

Analysis No. ________________ Contract No.:

Contract Laboratory Location:

Company Name:

Contact:

Address:

Phone:

Date sample shipped out to test lab:_______________

Date sample received at test lab:_____________ Received by:____________

I certify that the sample was received in acceptable testing condition:____________

Notes on sample condition:_____________________________________________

Sample Information:

Description: ___________________________________________________

Model Number:_____________________ Number of pieces:__________________

Color:_______________ Laminated Y/N?__________

Length:________________Width:_______________Thickness:_____________

Inspector:_____________ CR No.______________ SR No._________________

Tests to be performed: UL 723

Submit test report to: Dr. Steve Fischer

4244 S. Market Court, Ste. D

Email: Steve.Fischer@dca.ca.gov

Note: Please include the original packing slip with your test report and billing invoice.

BUREAU OF ELECTRONIC AND APPLIANCE REPAIR,

HOME FURNISHINGS AND THERMAL INSULATION

4244 South Market Court, Suite D, Sacramento, CA 95834-1243 Ph: 916-999-2041 Fax: 916-921-7279 Web: www.bearhfti.ca.gov

Exhibit B (page 1 of 1)

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT: For services satisfactorily rendered and upon approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in Exhibit B, Attachment 1 – Cost Sheet.

Itemized invoices shall include the Agreement Number and be submitted, in triplicate, not more frequently than monthly in arrears to:

Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation

Agreement Number:

P.O. Box 980518

West Sacramento, CA 95798-0518

2. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State, or offer an Agreement Amendment to Contractor to reflect the reduced amount.

3. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927).

4. TAXES: The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. California may pay any applicable sales or use tax imposed by another state.

5. COST BREAKDOWN:

FISCAL YEAR BREAKDOWN: May 1, 2016 through April 30, 2019

FY 2015/2016 (May 1, 2016 through June 30, 2016) $ FY 2016/2017 (July 1, 2016 through June 30, 2017) $ FY 2017/2018 (July 1, 2017 through June 30, 2018) $ FY 2018/2019 (July 1, 2018 through April 30, 2019) $

Total Contract Amount $

Exhibit B-1 - Cost Sheet (page 1 of 1)

EXHIBIT B-1

COST SHEET

Thermal Insulation Test

Estimated # of Tests* Cost Per Test Total Cost

ASTM

E 84 or UL 723 Test 40 X $ = $

Expedite of Test and 10-day Report (only if requested) 1 X $ = $

(A) AMOUNT PER YEAR $

(B) CONTRACT AMOUNT FOR THREE (3) YEARS (x 3 years)

(C) TOTAL CONTRACT AMOUNT

(Basis for Award)

Exhibit C (page 1 of 1)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

PLEASE NOTE: This page shall not be included with the final agreement. The General Terms and Conditions (GTC-610) shall be included in the contract by reference to Internet website www.ols.dgs.ca.gov/Standard+Language.

http://www.ols.dgs.ca.gov/Standard+Language

Exhibit D (page 1 of 1)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. LIABILITY FOR NONCONFORMING WORK: The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of project, the State, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing the State for any additional expenses incurred to cure such defects.

2. SETTLEMENT OF DISPUTES: In the event of a dispute, Contractor shall file a “Notice of Dispute” with Department of Consumer Affairs, Director or his/her designee within ten (10) days of discovery of the problem. Within ten (10) days, the Director or his/her designee shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Director or his/her designee shall be final.

In the event of a dispute, the language contained within this agreement shall prevail over any other language including that of the bid proposal.

3. AGENCY LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business.