IFB-BAR-25-01-CAP_Vehicle_Retirement_Program_-_Final.pdf

INVITATION FOR BID

IFB No. BAR-25-01

CAP VEHICLE RETIREMENT PROGRAM

Notice to Prospective Bidders

March 10, 2025

You are invited to review and respond to this Invitation for Bid (IFB) Number IFB No. BAR-25-01 entitled “CAP Vehicle Retirement Program.” 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 02/2025) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language#@ViewBag.JumpTo. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the Department of Consumer Affairs, this Invitation for Bid 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:

Amanda Mays Department of Consumer Affairs

Business Services Office/ Contracts Unit 1625 North Market Blvd., 1st Floor, Ste. S-103

Sacramento, CA 95834 Fax Number (916) 574-8656

E-mail: amanda.mays@dca.ca.gov

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

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Department of Consumer Affairs CAP Vehicle Retirement Program

IFB-BAR-25-01

TABLE OF CONTENTS

Section I - Invitation for Bid - Introduction/Background

A) Purpose and Description of Services........................................................................................ Page 3 B) Bidder Minimum Qualifications and Requirements ................................................................ Pages 3-4 C) Bid Requirements and Information .......................................................................................... Pages 4-7 D) Workload Volumes .................................................................................................................. Page 8 E) Evaluation and Selection Process. ........................................................................................... Pages 9-11 F) Preference Programs ................................................................................................................ Pages 11-12 G) Required Attachments .............................................................................................................. Page 12

Attachment 1 – IFB Checklist .................................................................................................. Page 13-14 Attachment 2 – Bid/Bidder Certification Sheet ....................................................................... Pages 15-16 Attachment 3 – Bid Application .............................................................................................. Pages 17-18 Attachment 4 – Bidders References ......................................................................................... Page 19 Attachment 5 – Minimum Qualifications Response… ............................................................ Page 20 Attachment 6 - Business License ............................................................................................. Pages 21 Attachment 7 – Cost Sheet/Administrative .............................................................................. Page 22

Section II

Exhibit A – Scope of Work ............................................................................................................ Pages 27-32 Exhibit B – Budget Detail and Payment Provisions ....................................................................... Pages 33-35 Exhibit C – General Terms and Conditions .................................................................................... Page 36 Exhibit D – Special Terms and Conditions .................................................................................... Page 37 Exhibit E – Additional Terms and Conditions ............................................................................... Pages 38-41

Section III

Appendices Appendix A – List of Cities ........................................................................................................... Pages 42-43 Appendix B – Sample Listing of Applicable Permits and Plans .................................................... Page 44 Appendix C – VR Purchase Log .................................................................................................... Page 45 Appendix D – VR Crush Log ......................................................................................................... Page 46 Appendix E – Vehicle Data Information Sheet .............................................................................. Page 47 Appendix F – Dismantler Invoice Form (VR/EFMP) .................................................................... Pages 48-49 Appendix G - VRP Operations Manual (Provided as a separate document)

SECTION I – INVITATION FOR BID – INTRODUCTION/BACKGROUND

A) PURPOSE AND DESCRIPTION OF SERVICES

Introduction The Department of Consumer Affairs/Bureau of Automotive Repair (DCA/BAR) oversees the Vehicle Inspection and Maintenance Program (commonly known as the Smog Check Program) for the State of California. BAR administers the Consumer Assistance Program (CAP) which allows the State to purchase eligible vehicles for scrappage through the CAP Vehicle Retirement Program (VRP). Eligible vehicles include passenger vehicles, trucks, sports utility vehicles and vans with a gross vehicle weight rating of up to 10,000 pounds. CAP reviews and approves applications for vehicle retirement. DCA/BAR directs this IFB to licensed auto dismantlers for services to retire eligible vehicles purchased through CAP.

Background and Purpose Federal regulations require the State to meet certain emission reduction targets. The State established the CAP Vehicle Retirement Program as one way to meet these targets. This program provides an opportunity for California residents to retire certain registered and/or operable, high-polluting vehicles. Vehicles may be eligible if they meet registration and other program requirements. Based on available state funding, CAP will purchase eligible vehicles for $1,350, $1,500 or $2,000 for each vehicle from California residents who voluntarily participate in the vehicle retirement option of CAP. Vehicles will be purchased under this contract through licensed auto dismantlers. The State contribution will be based on available funds and program requirements and may be subject to changes during the term of the contract.

Contractors will be given 30 days written notice of a change in the State contribution.

Authority Health and Safety Code Sections 44090-44096 describe the CAP VRP. Health and Safety Code Sections 44124-44127 describe the Air Resources Board (ARB) Enhanced Fleet Modernization Program.

Copies of the California Health and Safety Code can be found in local libraries and on the Internet at https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Health+and+S afety+Code+-+HSC

Objectives of IFB The DCA/BAR intends to award contracts to licensed auto dismantlers geographically distributed as specified in the List of Cities (Appendix A, pages 42-43) for the purpose of purchasing and disposing of CAP qualified vehicles and obtaining the most cost-effective method of retiring vehicles under the contract agreement. See Scope of Work (Exhibit A, pages 27-32), for a description of Contractor responsibilities.

B) BIDDER MINIMUM QUALIFICATIONS AND REQUIREMENTS

Must be in good standing and registered with the California Secretary of State and licensed to do business in the State of California.

License Bidder shall hold a current auto dismantler license in good standing through the Department of Motor Vehicles (DMV). Bidder must include a copy of the license with the bid.

Vehicles shall only be purchased and crushed at licensed auto dismantler(s) as specified in the bid. A letter signed by the owner or person who is authorized to bind the company contractually must be included with the bid specifying the primary Contractor and any subcontractors.

https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=%2BHealth%2Band%2BSafety%2BCode%2B-%2BHSC https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=%2BHealth%2Band%2BSafety%2BCode%2B-%2BHSC https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=%2BHealth%2Band%2BSafety%2BCode%2B-%2BHSC

Line of Credit Bidders must submit an original or photocopied letter of Line of Credit (LOC) from a bank. The LOC letter MUST state that the bidder has an approved "Line of Credit" for no less than $400,000 for each specific site being bid on with the following exception:

Bidders for cities with an estimated annual workload volume [see Section D, Workload Volumes] of 750 or less (such as Chico, Merced, Palm Springs, Victorville, Lompoc, San Luis Obispo, Milpitas, Redding, Santa Rosa, any City in San Mateo County, and any city in San Francisco County) must submit a letter from a bank stating that they have an approved “Line of Credit” for no less than $100,000 for each specific site being bid on.

History of Violations The bidder’s business shall be clear of any fines, suspensions, and liens. DCA/BAR reserves the right to contact the appropriate authorities to verify that the business and license(s) are valid and in good standing and have no outstanding enforcement actions or unresolved issues concerning violations of environmental and/or business permits within the last twelve (12) months. The bidder shall note any pending enforcement actions or notices of violation with an explanation. A bidder may be disqualified if information is received which indicates their business is not in good standing and/or because of bidder's failure to identify and/or explain any such outstanding actions or unresolved issues.

Program Requirements A bidder’s auto dismantler site must be located within the specified mile radius from the center of an intersection located within a city as listed in Appendix A. The specified mile radius will provide a greater amount of choice for consumer convenience.

C) BID REQUIREMENTS AND INFORMATION

Listed below are important dates and times by which specific actions must be taken or completed. If DCA/BAR finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. Any dates that follow the final date for bid submission are only approximate and may be adjusted by DCA/BAR without addendum to this IFB.

1. Key Action Dates

Except as noted in this paragraph, listed below are important dates and times by which specific actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. Any dates that follow the final date for bid submission are only approximate and may be adjusted as conditions indicate without addendum to this IFB.

Below is the time schedule for this procurement:

Event Date/Time

IFB available to responsive Bidders via Cal eProcure March 10, 2025

Final Date for submittal of Written Questions via email at amanda.mays@dca.ca.gov March 19, 2025 @ 3:00pm

Response to Written Questions March 21, 2025

Final Date for Bid Submission April 4, 2025 @ 3:00pm

Bid/Cost Opening* April 10, 2025 @ 10:00am

Proposed Agreement Start Date July 1, 2025

*Cost Opening Location: Department of Consumer Affairs

1625 North Market Blvd., Second Floor South – Mendocino Room # 210 Sacramento, CA 95834

Note: For security reasons, if you plan to attend the public cost opening, please contact the

Contract Administrator prior to cost opening so arrangements can be made for entrance into DCA building.

2. Submittal of Written Questions or Inquiries

All questions must be submitted electronically via email to amanda.mays@dca.ca.gov by the dates and times indicated in No. 1 above, Key Action Dates. 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 the submitters. ALL QUESTIONS MUST BE SUBMITTED IN WRITING.

3. Submission of Bid

a. If a bidder wishes to place a bid for more than one site, the bidder must submit a separate bid for each site. Bids not submitted separately for each site will be considered non-responsive.

Bidder must include a copy of a map to scale indicating that their site location falls within the specified mile radius corresponding to the city as shown in Section 3, Appendix A (page 42- 43). DCA/BAR shall make the final determination as to whether a site falls within the specified mile radius.

b. All bids with required documents for this IFB must be received under sealed envelope by the

Department of Consumer Affairs by the time and date specified in Section I, C,1) Bid Requirements and Information; 1. Time Schedule. The sealed envelope must be plainly marked “BID for DCA/BAR Vehicle Retirement Program – IFB No. BAR-25-01, Attn: Amanda Mays Non-IT Contracts Unit - DO NOT OPEN” and delivered to the address shown below:

Bids shall be submitted Department of Consumer Affairs HAND DELIVERY or Business Services Office – Non-IT Contracts Unit

Attn: Amanda Mays MAIL to: 1625 N. Market Blvd., Suite S-

103 Sacramento, CA 95834

“DO NOT OPEN”

Bids not clearly marked and submitted under a sealed envelope may be rejected. A minimum of one (1) original bid marked “MASTER” (bearing original signatures) and a minimum of two (2) copies shall be submitted (Bids are not accepted at any other locations).

If discrepancies are found between the master and any copy of the bid, the “MASTER” bid will prevail over all others.

mailto:amanda.mays@dca.ca.gov

c. All bids shall include the documents identified in the Required Attachment Checklist (Attachment

1, pages 13-14). 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 and is justification for rejection.

d. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. It may be signed by an authorized agent of the Bidder only if the agent is properly authorized by a power of attorney or equivalent document. Such authorization must be submitted with the bid. The name of the individual signing the proposal must be typed immediately below the signature.

The DCA Contracts Unit will verify the date and time received on all bids. The DCA Contracts Unit will not accept bids received after the deadline. It is DCA’s policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bids. Bidders may verify receipt of their bids by contacting Amanda Mays at amanda.mays@dca.ca.gov.

e. Bids must be submitted for the performance of all the services described herein. Any deviations from 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 DCA/BAR may reject any or all bids and may waive any immaterial deviation in a bid. The DCA/BAR waiver of an immaterial defect shall in no way modify the IFB or excuse the bidder from full compliance with all requirements if awarded the agreement.

g. Costs incurred for developing bids in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the DCA/BAR.

h. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 2, pages 15-16). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

i. A bidder may withdraw a bid by submitting a written withdrawal request to DCA/BAR at amanda.mays@dca.ca.gov signed by the bidder or an authorized agent in accordance with Section 3(h) above. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

j. DCA/BAR 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. DCA/BAR may cancel this IFB process at any time prior to awarding the contracts if the bids are determined to be too costly to the state.

1. DCA/BAR reserves the right to reject all bids. DCA/BAR is not required to award any agreements.

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m. Bidders are solely responsible for any defects or errors in their submitted bid documents.

Bidders should carefully proof bids for errors and adherence to the IFB requirements.

n. DCA/BAR does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

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

p. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder/Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.”

4. Term and Amount of Agreement

The DCA/BAR anticipates that the agreement will begin on July 1, 2025, for a term of 36 months.

The funding allocation for the 36-month contract period is a maximum of $204,663,000 ($68,221,000 for Fiscal Year 2025/2026), ($68,221,000 for Fiscal Year 2026/2027), and ($68,221,000 for Fiscal Year 2027/2028). The funding allocation may change depending on the budget appropriation and increase in vehicle retirement workload volumes. The agreement may be amended based upon increased workload volume. (See Section II, Exhibit B, page 34)

D) WORKLOAD VOLUMES

Workload volumes as shown below should be used for estimating purposes and are not binding on DCA/BAR. Bidders must propose a network of one or more sites (site locations, days, and hours of operation) that will meet the following estimated annual workload volumes by cities. For estimating purposes, the Contractor should use 30-minute vehicle processing intervals. The specific sites and days and hours of operation must be shown in the Bid Application (Attachment 3, pages 17-18).

Cities County Estimated Annual Volume

Redding Shasta 250-350 Chico Butte 400-500 Rocklin Placer 550-650 Sacramento Sacramento 1200-1400 Rancho Cordova Sacramento 750-850 Stockton San Joaquin 650-750 Modesto Stanislaus 650-750 Merced Merced 450-550 Fresno Fresno 1400-1600 Fairfield Solano 350-450

Santa Rosa Sonoma 500-600 Any City in San Mateo County San Mateo 600-700 Richmond Contra Costa 700-800 Oakland Alameda 900-1000 Any City in San Francisco County

San Francisco 400-500

Hayward Alameda 400-500 Newark Alameda 450-550 Milpitas Santa Clara 400-500 San Jose Santa Clara 1300-1500 Salinas Monterey 600-700 San Luis Obispo San Luis Obispo 250-350 Lompoc Santa Barbara 650-750 Bakersfield Kern 450-550 Any City in Tulare County Tulare 1000-1100 Ontario San Bernardino 600-700 Victorville San Bernardino 250-350 San Bernardino San Bernardino 500-600 Santa Paula Ventura 950-1050 Lancaster Los Angeles 600-700 Burbank Los Angeles 2000-2200 Huntington Park Los Angeles 3100-3300 El Monte Los Angeles 1800-2000 Long Beach Los Angeles 2100-2300 Anaheim Orange 2600-2800 Riverside Riverside 750-850 Palm Springs Riverside 250-350 Vista San Diego 550-650 San Diego San Diego 1700-1900

Workload volumes are estimates based on State Fiscal Year 2022/2023 and 2023/2024 data, as well as anticipated increased program participation. The State Fiscal Year begins on July 1 and ends on June 30.

Workload volumes may change based on future program changes, budget appropriation, average administrative fees, and State disbursement amount. At DCA/BAR request, Contractors must have the ability at proposed sites to increase up to 350 percent of the original agreement amount to handle possible increases in vehicle retirement workload volumes.

Vehicle Retirement participation is somewhat variable in nature and fluctuates from month to month. Based on the State's appropriation in each fiscal year, participation will be affected by the State’s disbursement of $1,350, $1,500, or $2,000 for each vehicle and the average administrative disbursement fee. The State has no control over the volume of consumers that apply to the Vehicle Retirement Program and which site those consumers may choose to use to retire their vehicle. Consumers will be provided a geographical list of approved auto dismantler sites.

E) EVALUATION AND SELECTION PROCESS

1. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

2. The DCA/BAR shall evaluate each bid to determine its responsiveness to all IFB requirements.

All bidders must meet the minimum qualifications in order to be considered responsive.

3. 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 DCA, information submitted by the bidder was intended to mislead the DCA in its evaluation of the bid and the attribute, condition, or capability is a requirement of the IFB, it will be the basis for rejection of the bid.

4. The review of requirements is a two-stage process: Stage 1) Bid Completeness Review, and Stage

2) Cost Sheet/Administrative Fee Bid Schedule (Attachment 7, page 22).

5. The DCA/BAR shall award a contract to all bidders who advance to Stage 2 and are the lowest responsible bid within each city area. A bid lower than zero (negative amount) will be accepted and can be considered as the lowest bid. In the event of a tie for the lowest responsible bid, the winning bid shall be decided by a coin toss observed by witnesses. Affected bidders will be invited to witness the coin toss.

6. The DCA/BAR will compile a geographical listing of all awarded auto dismantlers and locations and provide this to consumers whose vehicles have been approved by CAP.

7. 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. If any bidder, prior to the award of agreement, files a written protest on the grounds that the protesting bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter; protests shall be submitted by the bidder to the Department of General Services (DGS), Office of Legal Services (OLS), 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the Department of Consumer Affairs (DCA), Business Services Office/Non-IT Contracts Unit, 1625 N. Market Blvd., 1st Floor, Suite S-103, Sacramento, CA 95834, Attention: Amanda Mays.

c. Within five (5) days after filing the initial protest, the Protestant shall file with the DGS and the DCA a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, OLS, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the DCA, Business Services Office/Non-IT Contracts Unit, 1625 N. Market Blvd., 1st Floor, Suite S-103, Sacramento, CA 95834, Attention: Amanda Mays.

A copy of the detailed written statement must be mailed to the DCA. It is suggested that bidders submit any protest by certified or registered mail.

8. Required Documents Subsequent to Award

Upon award of the agreement, the Contractor shall submit to the DCA proof of the following documents:

a. Payee Data Record (STD 204)- Contractor must complete and submit to DCA the Payee Data

Record. No payment can be made unless a completed STD 204 has been returned to DCA.

b. Payee Data Record Supplement (STD 205)– This form is optional. The Contractor may complete and submit to DCA the Payee Data Record Supplement if the remittance address information is different than the mailing address on the STD 204. This form is to provide additional remittance addresses and additional Authorized Representatives of the Payee not identified on the STD 204.

c. Contractor Certification Clauses (CCC 04/2017)– Contractor must sign and submit to DCA, page one (1) of the current Contractor Certification Clauses.

d. Darfur Contracting Act Certification (DGS PD1)– Effective January 1, 2009, all Invitations for Bid (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act) (Public Contract Code sections 10475, et seq.;

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

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

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency (See Attachment 4, #1).

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

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) (See Attachment 4, # 2).

9. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 7920.0000 et seq.) However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium, which discloses any aspect of a bidder’s proposal, shall be held in the strictest confidence until the award is made.

b. Bid packages may be returned only at the bidder’s expense unless such expense is waived by the awarding agency.

10. Agreement Execution and Performance

a. Service by Contractor shall commence on the date set by the DCA/BAR and the Contractor, after all approvals have been obtained and the agreement is fully executed.

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 will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet sitehttps://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services- Resources-List-Folder/Standard-Contract-Language.

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

e. DCA reserves the right to amend the contract, if at any time, circumstances are such that the cumulative cost of dismantling services exceeds the original contract amount. Any amendment executed pursuant to this paragraph must comply with Public Contract Code section 10335 and is of no force or effect until signed by both Parties and approved by the Department of General Services, if required.

F) PREFERENCE PROGRAMS

1. Small Business Preference Calculations Certified small businesses or micro businesses can claim the five percent preference when submitting a bid on a state contract. The five percent preference is used only for computation purposes, to a maximum amount of $50,000 to determine the winning bidder and does not alter the amounts of the resulting contract. A business must be formally certified by the Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) for the small business or micro business preference.

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

If there are any certified small businesses identified within each city area, then the evaluation team will calculate the Preference as described in the following example.

Of the four (4) bidders for this city area, only one (1) of them is a certified small business.

Bidder Bid Amount Bid after preference calculation Small Business status

1 $41.00 $41.00 Claims small business status but is not certified by OSDS

2 $35.00 $35.00 Does not claim to be a small business

3 $41.50 $41.50 Claims small business status but is not certified by OSDS

4 $36.00 $34.25 Claims small business and is certified by OSDS

Calculation of Small Business Preference: $35.00 X 5% = $1.75. (Bidder 2 is the lowest bid and not a small business. $1.75 is deducted from Bidder 4's amount. $36.00 - $1.75 = $34.25. DCA/BAR does not pay Bidder 4 $34.25 for each CAP vehicle purchased;

DCA/BAR pays $36.00 per vehicle. This amount is used for evaluation purposes only.

Contractors in order of scheduling preference are: Bidder 4, Bidder 2, Bidder 1, and Bidder 3.

1) Disabled Veteran Business Enterprise Program (DVBE) DVBE Participation: DVBE participation requirements are being waived for this IFB.

DVBE Incentive: However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracts and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs including yourself, that will be used in the performance of this Agreement. An explanation of the Disabled Veteran Business Enterprise Program (DVBE) requirements can be found at the Internet web site: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business- Enterprise?search=small.

2) Target Area Contract Preference Act (TACPA) (if applicable) Refer to https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdfPreference for more information.

G) REQUIRED ATTACHMENTS

Refer to the IFB Checklist, Attachment 1, page 13-14. The IFB Checklist must be included in the proposal submission as the first attachment, with the other required attachments to follow in numerical order. Failure to include all required attachments may cause a bid to be deemed non-responsive.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=small https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=small https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise?search=small https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

ATTACHMENT 1

IFB CHECKLIST

A complete bid package will consist of the required 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 NAME/DESCRIPTION

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

Attachment 2 Bid/Bidder Certification (REQUIRED – Attachment included in this IFB)

Attachment 3 CAP Vehicle Retirement Program Bid Application to include ALL the following:

(REQUIRED – Submit with Bid Package.)

Project and workflow description (description of your company's organization and structure, description of scrapping process, including but not limited to: procedures and timetables from initial purchase of vehicle through destruction, disposal and transport of all vehicle components and fluids)

Proposed days and hours of operation of site Map to scale of business site location and showing the specified mile radius for the bid city. The bidder must provide a map showing the site location within the specified mile radius for each bid city. Refer to: List of Cities (Appendix A).

Copy of valid DMV Auto Dismantler License Explanation of any enforcement actions and/or notices of violations Self-certified list of required environmental and business permits and plans to operate your site (See Appendix B, page 44 for sample list) Letter from bank for an approved “Line of Credit” as outlined in Bidder Minimum

Qualifications, page 4.

Attachment 4 Bidder References (REQUIRED – Submit with Bid Package.)

Attachment 5 Bidder’s Minimum Qualifications (REQUIRED – Submit with Bid Package)

Attachment 6 Bidders must supply a copy of their business certificate showing their company is licensed to do Business in California. (REQUIRED – Submit with Bid Package.)

Attachment 7 Cost Sheet (REQUIRED - Attachment included in this IFB.)

Attachment 8 Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205) if applicable (REQUIRED - Submit with Bid Package)

Attachment 9 Contractor Certification Clauses (CCC 04/2017) (REQUIRED – Submit with Bid)

Attachment 10 Bidder Declaration (GSPD-05-105) (REQUIRED - Submit with Bid Package) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Attachment 11 Darfur Contracting Act Certification (DGS PD1) (REQUIRED - Submit with Bid Package)

Attachment 12 California Civil Rights Laws Certification (REQUIRED – Submit if bid is over $100,000.00

Attachment 13 Certification of Insurance (Refer to sample Agreement; pages 38-41, Exhibit E, #6, Requirements, for specific information.

If the following are not applicable, place “N/A” next to each item not being submitted with the bid package Attachment 14 California Disabled Veteran Business Enterprise (DVBE) Incentive Instructions

(OPTIONAL - Submit if applicable) Attachment 15 Small Business Preference (OPTIONAL - Submit if applicable) Attachment 16 Target Area Contract Preference Act (TACPA) (OPTIONAL - Submit if applicable.)

NOTE: FOR YOUR BID TO BE RESPONSIVE, ALL REQUIRED ATTACHMENTS ALONG WITH

THIS CHECKLIST MUST BE RETURNED WITH THE BID PACKAGE

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/DGS/FMC/DGS/OLS004.pdf https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

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. The bid must be transmitted in a sealed envelope in accordance with the IFB instructions.

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

B. 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 applicable employees and/or corporation number:

7. Federal Employee ID No. (FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

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

Small Business Enterprise

YES NO

If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if the above item is checked “YES.”

Date application was submitted to OSDS, 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.

4 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.

5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, efforts, 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, business for profit.

6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created 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 particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your Federal Employee Tax Identification Number.

8 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.

9 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.

14 If certified as a Small Business Enterprise, place a check in the “YES” box, and enter your certification number on the line. If you are not certified place a check in the “NO” box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

BID APPLICATION

Bid City Location

1. Company Name

2. Company Business Address

3. Contact Person

4. Auto Dismantler’s Name (if different from above) 5. DMV Auto Dismantler License Number

6. Auto Dismantler's Address (if different from above)

7. Proposed Business Hours1 Days Hours

Monday Tuesday

Wednesday Thursday

Friday Saturday Sunday

8. Holiday and/or Closure Days Date/Days Hours

9. To be submitted with this Bid Application:

Project and workflow description Copy of DMV Auto Dismantler License Map to scale showing business site location within designated mile radius (Appendix A, page 42) Explanation of any enforcement actions and/or notices Self-certified list of required environmental and business permits Bank Line of Credit Letter

I hereby certify, under penalty of perjury under the laws of the State of California, all information contained herein and information submitted with this application is true and correct. I further certify the company is in compliance with the requirements of the IFB and all local, city, county, state, and federal permitting agencies.

I authorize the DCA/BAR to obtain business credit reports and conduct any other inquiries deemed necessary to determine qualifications, including verifying the company’s license, permits, and plans. The person signing below certifies he/she is signing on behalf of the applicant business in the capacity indicated next to the signer’s name and such signer is authorized to execute this application and enter into a binding contract on behalf of the applicant business.

Authorized Signature Print Name & Position Title Date 1Refer to Scope of Work, Contractor’s Responsibilities, items c and d (Exhibit A, page 27).

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 nonresponsive.

List below three (3) references for services performed within the last three (3) years, which are similar to the scope of work to be performed in this contract.

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

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 3

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

ATTACHMENT 5

MINIMUM QUALIFICATIONS RESPONSE

Bidder’s Name:

Minimum Qualification Proposer's Response

1. a) Bidder has provided a copy of their license to do business in the

State of California as applicable (Attachment 6).

Business License(s)

Included?

Yes No

1. b) Bidder certifies that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

Do you so certify?

Yes No

1. c) Bidders which are corporations have provided a print-out from the California Secretary of State website which shows their corporation is currently in good standing.

Print-out included?

Yes No N/A

2. Bidder meets all the Minimum Qualifications and Requirements as listed on pages 3-4. (i.e. License, Line of Credit, History of Violations, Program Requirements)

Do you so certify?

Yes No

3. Bidders are required to provide reference(s) on the Bidder References Sheet (Attachment 3). References may be contacted to confirm the nature and length of experience performed by the bidder to ensure bidders meet the minimum requirements.

References included?

Yes No

4. Bidder certifies as specified in Exhibits D & E (pages 37-41) of the sample Standard Agreement, Bidder meets all licensing and insurance requirements at the time of the contract award.

Do you so certify?

Yes No

5. Bidder certifies that there is no conflict of interest between existing client relationships and the ability to vigorously and fully represent

DCA.

Do you so certify?

Yes No

I, the undersigned, declare that the certifications required above are true and that I am authorized to make such certifications and bind the bidder contractually.

Signature of Declarer Print First and Last Name Date Signed

ATTACHMENT 6

BIDDERS MUST SUPPLY A COPY OF THEIR BUSINESS CERTIFICATE SHOWING THEIR COMPANY

IS LICENSED TO DO BUSINESS IN CALIFORNIA.

ATTACHMENT 7

CAP Vehicle Retirement Program

COST SHEET/ADMINISTRATIVE FEE BID SCHEDULE

This form must be typed or printed in ink and submitted in a separate sealed envelope marked:

COST SHEET/ADMINISTRATIVE FEE BID SCHEDULE DO

NOT OPEN

Our administrative fee bid is per vehicle for the following city/site that our company (specify company name) is bidding on, and is listed below:

You must include an administrative fee bid for each bid application submitted.

City/Site Administrative Fee Per

Vehicle

BASIS FOR AWARD

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 14

CAP Vehicle Retirement Program

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

PROGRAM REQUIREMENTS

(Revision Date 10-2021)

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, §1896.61 et seq.

DVBE PARTICIPATION

The minimum percentage of DVBE participation is 3% for this solicitation unless another percentage is specified in the solicitation, or the solicitation is exempt from DVBE participation.

DVBE INCENTIVE

An incentive will be given to bidders who provide DVBE participation, unless stated elsewhere in the solicitation the DVBE Incentive has been exempted.

INTRODUCTION

The bidder must complete the identified form(s) and fully document that the mandatory minimum percent of DVBE participation will be met in order to comply with this solicitation’s DVBE program requirement or the bid may be considered non-responsive.

Information submitted by the Bidder to comply with this solicitation’s DVBE requirements 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 PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of California, contract termination, civil penalties, and loss of State certifications.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified Disabled Veteran Business Enterprises (hereafter called “DVBE”) who will perform a commercially useful function (CUF) shall be used to satisfy the DVBE requirements. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of §1896.81, is certified in accordance with §1896.84, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function as required in MVC §999(B). Bidders must verify each DVBE subcontractor’s certification status with OSDS to ensure DVBE participation eligibility prior to submitting bids. A DVBE that is not certified at the time of award or does not meet and maintain certification cannot count towards an awarding department’s 3-percent goal. {MVC §999.5(c)}

COMMERCIALLY USEFUL FUNCTION DEFINITION

As defined in MVC §999(B), 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 responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

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

(Revision Date 10-2021)

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.

DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the bid.