IFB_C16-29935.docx

Edmund G. Brown Jr., Governor

State of California Health and Human Services Agency California Department of Rehabilitation Contracts and Procurement Section 721 Capitol Mall, 6th Floor Sacramento, California 95814

April, 2016

INVITATION FOR BID

IFB #C16-29935

Refrigeration Preventative Maintenance Notice to Prospective Bidders (Orange County)

You are invited to review and respond to this Invitation for Bid (IFB) # C16-29935, Refrigeration Preventative Maintenance for the Department of Rehabilitation. In submitting your bid, you must comply with these instructions.

THIS SOLICITATION INCLUDES THE DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) INCENTIVE

Note that all Agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 610-6/10) and Contractor Certification Clauses (CCC 307-3/07) that may be viewed and downloaded at Internet site website at http://www.ols.dgs.ca.gov/Standard+Language/default.htm. 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 Rehabilitation, this IFB is complete and without need of explanation. However, if you have questions regarding this IFB, they must be submitted in writing, via email to the Contract Analyst listed below by the date listed in the Key Action Dates on page X. All questions and answers will be posted on the Cal eProcure website at https://caleprocure.ca.gov/pages/index.aspx by the date listed in the Key Action Dates.

Department of Rehabilitation Contracts and Procurement Section Julie Sanchez, Contract Analyst 721 Capitol Mall, 6th Floor Sacramento, CA 95814

(916) 558-5686 Julie.E.Sanchez@dor.ca.gov

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

BEP SERVCE AGREEMENTS

A) PURPOSE

1) Background: The Department of Rehabilitation (DOR) Business Enterprises Program (BEP) provides training, licensure, and self employment opportunities for persons who are legally blind in the management of food service and vending facilities on public (state, federal, and county) and private properties throughout the State pursuant to the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and California Welfare and Institutions Code Section 19625 et seq. The BEP owns and provides food service and vending facility equipment to licensed BEP vendors for the operation of the food service and vending facilities and provides repair services for said equipment.

2) The Contractor will evaluate any problems and consult with the Business Enterprise Consultant (BEC) on the repairs and operation of the equipment.

3) Description of Services: See proposed Contract Exhibit A.1 for detailed description of services, budget detail, and Contract requirements.

B) BIDDER MINIMUM QUALIFICATIONS

1) Contractor must have a minimum of three (3) years experience.

2) Special Licenses and Certificates - The Contractor shall possess a C38 License (Refrigeration Contractor) issued through the State of California’s Contractors State Licensing Board as required under the California Code of Regulations, Title 16, Article3, Classification. A copy of your current C38 license is required at bid opening.

3) United States Environmental Protection Agency (EPA) Certification - As required by 40 Code of Federal Regulations, Part 82, Subpart F, technicians who will be providing services under this Agreement are required to hold a “Type 1” and “Type 2” certificate or a “Universal” certificate. The Contractor must provide copies of certificates for all technicians who will be providing services under this Agreement. Copies of certificates are required at bid opening. The list of EPA approved testing programs can be found at http://www.epa.gov/ozone/title6/608/technicians/608certs.html

4) Recovery and Recycling Equipment Bidder must comply with the Refrigerant Recovery and Recycling requirements stipulated under 40 Code of Federal Regulations (CFR) 82, Subpart F. Additionally, recovery of substitutes of class I and class II substances are also required as of November 1995 under Section 608 of the Clean Air Act of 1990 (CAA), as amended, including final regulations published on, May 14, 1993 (58 FR 28660) August 19, 1994 (59 FR 42950) , November 9, 1994 (59 FR 55912) , and July 24, 2003 (68 FR 43786). A copy of your current EPA Refrigerant Recovery or Recycling Device Acquisition Certification Form is required at bid opening.

Note: The CFR may be viewed at http://www.gpoaccess.gov/cfr/index.html.

5) Licenses and Permits - The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Contract. A copy of your current business license is required at bid opening.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquarter is necessary, however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the Department of Rehabilitation a copy of your business license or Certificate of Status, if incorporated, showing that your company is in good standing in that state. A copy of your current incorporation/letter from Secretary of State's Office is required at bid opening.

In addition for corporations and limited liability companies, state agencies are required to verify with the California Secretary of State (SOS) office to confirm the Contractor/vendor is authorized to carry out business in California. You may view the lists and status at http://kepler.sos.ca.gov/

In the event any license(s) and/or permit(s) expire at any time during the term of this Contract; Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.

4) Insurance

See Exhibit D for Basic Insurance Requirements for the State of California. Proof of current insurance certificate with limits stated in Exhibit D for Commercial Liability, Automobile Liability, and Workers' Compensation is required at bid opening.

5) Prohibition on Tax Delinquency

Any Agreement that a state agency enters into after July 1, 2012, is void if the contract is between a state agency and a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. (Public Contract Code Section 10295.4). In accordance with Public Contract Code Section 10295.4, agencies are required to cancel Agreements with entities that appear on either list.

(Franchise Tax Board) https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml, (Board of Equalization) http://www.boe.ca.gov/cgi-bin/deliq.cgi

6) Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion:

Expenditures from this Contract may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the Contract file a certification by the Contractor that they have not been debarred nor suspended from doing business with the Federal government.

C) BID REQUIREMENTS AND INFORMATION

1) Key Action Dates

EVENT DATE

* This Agreement is subject to the State's option to renew for an additional (1) one-year period under the same terms and conditions. The amount of this contract is $10,000.00 for each fiscal year.

If a Contract is awarded, it will be awarded to the lowest responsive responsible Bidder. The DOR reserves the right to reject all bids.

2) Questions Regarding the IFB Any questions regarding this IFB must be submitted in writing, via email to the contract analyst listed on page 1. Emails should include the individual's name, firm name, address, and must reference IFB #.

All answers will be posted on the Cal eProcure website. It is the responsibility of the Bidder to check the California State Contract Register at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this IFB.

Bid #C16-29935 Refrigeration Preventative Maintenance Department of Rehabilitation Contracts and Procurement Section 721 Capitol Mall, 6thFloor Sacramento, California 95814 Attn: Julie Sanchez, Contract Analyst

DO NOT OPEN

Bid Opening Date: May 9, 2016 at 2:00 p.m.

b) Bids not submitted under sealed cover may be rejected.

c) All bids shall include the documents identified in Section E, Required Attachment Checklist. 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 will be rejected.

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

e) A bid will 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 an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded this Agreement.

f) Costs incurred for developing bids and in anticipation of award of this Agreement are entirely the responsibility of the Bidder and shall not be charged to the State of California.

All documents requiring a signature must bear an original signature of a person authorized to bind the Bidder Contractually. The signature should indicate the title or position that the individual holds in the firm. That person shall sign the Bid/Bidder Certification Sheet. An unsigned Bid/Bidder Certification Sheet will be rejected.

g) A Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

h) A Bidder may withdraw its bid by submitting a written withdrawal request to the State, via hand delivery, US Mail, FedEx, or UPS, signed by the Bidder or an authorized agent. 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.

i) The State 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.

j) The State reserves the right to reject all bids. The agency is not required to award an Agreement.

k) Before submitting a response to this solicitation, Bidders should review, correct all errors and confirm compliance with the IFB requirements.

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

m) 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 610) are not negotiable.

n) No oral understanding or Agreement shall be binding on either party.

4) Evaluation and Selection

a) At the time of bid opening, each bid will be checked for the presence of the required information in conformance with the submission requirements of this IFB.

b) The State will evaluate each bid to determine its responsiveness to the published requirements.

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.

d) Unanticipated Tasks In the event that additional services must be performed which was wholly unanticipated and is not specified in the written Scope of Work, but which in the opinion of both parties is necessary to the successful accomplishment of the general scope of work outlined, an amendment to this Agreement is required for additional money and/or time.

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

c) If any Bidder, prior to the award of an Agreement, files a written protest during the five (5) day protest period with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605 and the DOR on the grounds that the (protesting) Bidder is the lowest responsive responsible Bidder, this Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

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

e) Upon resolution of the protest and award of this Agreement, Contractor must have sign and submitted to the DOR, page one (1) of the Contractor Certification Clauses (CCC-307), which can be found on the Internet at www.dgs.ca.gov/contracts. This document is only required if the Contractor has not submitted this form to the DOR within the last three (3) years.

b) Bid packages may be returned only at the Bidder's expense, unless such expense is waived by the awarding agency.

7) Agreement Execution and Performance

a) Performance shall start on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and this Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate this 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 lowest Bidder or by another Contractor.

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

c) The resulting Contract will be of no force or effect until it is signed by both parties and approved by the Department of General Services, if required. The Contractor is hereby advised not to commence performance until all approvals have been obtained. Should performance commence before all approvals are obtained, said services may be considered to have been volunteered if all approvals cannot be obtained.

D) PREFERENCE/SOCIAL ECONOMIC PROGRAMS

Pursuant to Executive Order S-02-06 and Military & Veterans Code Section 999.2, each department shall have an annual statewide participation goal in state contracting of not less than 25 percent for certified Small Business (SB) and not less than 3 percent for certified Disabled Veteran Business Enterprise (DVBE).

These goals were established to enhance and encourage competition by creating an optimum environment that affords all businesses equal access to State Contracting opportunities. The DOR will make every effort to seek out certified SB and DVBE for this solicitation.

Questions regarding Small/Micro Business or the Disabled Veteran Business Enterprise Program may be directed to:

Shaironda Morris, Small Business/Disabled Veteran Business Enterprise Program Advocate Department of Rehabilitation Contracts and Procurement Section 721 Capitol Mall, 6th Floor Sacramento, California 95814

(916) 558-5699

SEE SEPARATE ATTACHMENT 9 - SMALL BUSINESS CERTIFICATION

SEE SEPARATE ATTACHMENT 10 - DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

E) REQUIRED ATTACHMENTS

Refer to the following pages for additional Required Attachments that are a part of this Agreement.

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECK LIST

A complete bid or bid package will 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 applicable required attachments must be returned. This checklist must be returned with your bid package also.

Attachment Attachment Name/Description

___ __ Attachment 1 Required Attachment Check List

___ __ Attachment 2 Bid/Bidder Certification Sheet

___ __ Attachment 3 Darfur Contracting Act Certification Form

___ __ Attachment 4 Payee Data Record (Std.204)

___ __ Attachment 5 Contractor Certification Clause (CCC-307)

___ __ Attachment 6 Proof of Current Business License(s) or Business Tax Certificate

___ __ Attachment 7 Secretary of State’s incorporation letter or letter of good standing in the respective State

___ __ Attachment 8 Proof of Current Insurance Certificate(s): Commercial General Liability, Automobile Liability and Workers’ Compensation, each with a limit of liability of $1,000,000.00 (one million dollars) $2,000,000 aggregate and/or Workers’ Compensation Waiver Letter. (See Exhibit D for Insurance Requirements that will be required at time of award)

|_| Section B - DOR BIDDER CERTIFICATION OF DVBE PARTICIPATION

___ __ Attachment 11 |_| Section C BIDDER DECLARATION - GSPD–05–105 (Must be signed at the bottom of document).

|_| Environmental Protection Agency Certification |_| Recovery and Recycling Equipment

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

1. Our bid is submitted as____________ PER unit rate.

1. Upon Contract award, for cost reimbursements of parts/materials under $100, the Contractor must submit a common parts price list or the Contractor will be required to submit original receipt(s). For cost reimbursement of parts/materials $100 or more, original receipt(s) will be required.

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

1. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals, if applicable.

1. 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

3. Address 3a. Email

Indicate your organization type:

Indicate the applicable employee and/or corporation number:

9. Indicate applicable license and/or certification information:

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification (OSDC) .

a. California Small Business 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”.

Completion Instructions for Bid/Bidder Certification Sheet

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 California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans 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 OSBCR.

ATTACHMENT 3 - DARFUR CONTRACTING ACT CERTIFICATION FORM

NOTE: YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH # 1 OR # 2 INITIALED OR

PARAGRAPH # 3 INITIALED AND CERTIFIED.

Darfur Contracting Act of 2008 (Act) was passed and signed into law 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). (Public Contract Code Sections 10475-10481, et seq.; Stats. 2008, Ch. 272).

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.

You must initial only one of the following three paragraphs below as applicable. Complete certification and sign if initialed Paragraph # 3:

OR

OR

CERTIFICATION For # 3.

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

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

ATTACHMENT 4 -STD 204 PAYEE DATA RECORD

ATTACHMENT 5 CCC-307- CERTIFICATION

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

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

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

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

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

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

1) the dangers of drug abuse in the workplace;

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

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

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

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

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

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

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

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

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

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

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

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

6. SWEATFREE CODE OF CONDUCT:

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

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

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

DOING BUSINESS WITH THE STATE OF CALIFORNIA

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

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

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

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

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

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

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

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

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this Section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When Agreements are to be performed in the state by corporations, the Contracting agencies will be verifying that the Contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an Agreement, authorizing execution of the Agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Contractors that are not another state agency or other governmental entity.

S:\ADMIN\HOMEPAGE\CCC\CCC-307.doc

ATTACHMENT 11

Section C BIDDER DECLARATION - GSPD–05–105

1. Prime Bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, SB/NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2)

b. Will subcontractors be used for this Contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this Contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE:

(1) Are you a broker or agent? Yes ___ No ___

(2) If the Contract includes equipment rental, does your company own at least 51% of the equipment provided in this Contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this Contract. (Attach additional pages if necessary):

Subcontractor Name Contact Person Phone Number & Fax Number

(MB, SB, DVBE or None)

3. CERTIFICATION: By signing this form, I certify under penalty of perjury that the information provided is true and correct.

Printed Name: ____________________________ Signature: _____________________________ Date Signed: __________________

State of California—Department of General Services, Procurement Division GSPD–05–105 (EST 8/05) Written Version Page ___of ____ SECTION C.1 BIDDER DECLARATION Instructions

All prime Bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime Bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime Bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:

• Microbusiness (MB)

• Small Business (SB)

• Small Business Nonprofit Veteran Service Agency (SB/NVSA)

• Disabled Veteran Business Enterprise (DVBE) 1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the Contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the Contract to be performed or the goods to be provided by the prime Bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, SB/NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999(e)(2)(A) for DVBEs and Government Code Section 14837(d)(4)(A) for small/microbusinesses. For questions regarding commercially useful function determinations made in conjunction with certification approval, contact the Department of General Services, Procurement Division, Office of Small Business and DVBE Certification (OSDC), OSDC Certification and Compliance Unit via email at: osdchelp@dgs.ca.gov.

Bids must propose that certified Bidders provide a commercially useful function for the resulting Contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s Contract.

1.c. This Item is only to be completed by businesses certified by California as a DVBE.

(1) Declare whether the prime Bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE Contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the Contract.

(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime Bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page ___ of ___” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page ___ of ___” accordingly.

Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on the OSDC website (www.pd.dgs.ca.gov/smbus) that it is still valid and list all current certifications here. Otherwise, enter “None”. [Note: A SB/NVSA should not be participating as a subcontractor.]

Work performed or goods provided for this Contract—Identify the distinct element of work contained in the Contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the Contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.)

If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting Contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime Bidder has verified that the subcontractor(s) is in good standing for all of the following:

• Possesses valid license(s) for any license(s) or permits required by the solicitation or by law

• If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, and/or DVBE status

• Is not listed on the OSDC website as ineligible to transact business with the State

51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:

• Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or

• Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the Contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.

3. Read the certification at the bottom of the page. An individual that is authorized to bind the firm contractually is to print their name, sign and date the form. Also, complete the “Page ___of ____” accordingly.

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD. 213 (REV 06/03)

AGREEMENT NUMBER

SAMPLE

REGISTRATION NUMBER

STATE AGENCY’S NAME

Department of Rehabilitation

CONTRACTOR’S NAME

2. The term of this

Agreement is:

July 1, 2012 through June 30, 2014 With an option to renew for an additional (1) one-year period under the same terms and conditions. Option renewal ending June 30, 2015.

of this Agreement is:

part of this Agreement:

Exhibit A – Scope of Work

Page(s)

Exhibit B – Budget Detail and Payment Provisions

June 2010

Exhibit D – Special Terms and Conditions (Attached hereto as part of this agreement) Page(s)

Exhibit E – Additional Provisions

Exhibit F _ Special Provisions Exhibit G – Other Provisions

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.ca.gov/Standard+Language

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

California Department of General Services Use Only

CONTRACTOR

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

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

Department of Rehabilitation

|_| Exempt per:

PRINTED NAME AND TITLE OF PERSON SIGNING

Simone Dumas, Chief of Contracts and Procurement Section

ADDRESS

721 Capitol Mall, 6th Floor, Sacramento, CA 95814

EXHIBIT A

(Standard Agreement - PERSONAL SERVICES)

1. Background

The Department of Rehabilitation (DOR) Business Enterprises Program (BEP) provides training, licensure, and self employment opportunities for persons who are legally blind in the management of food service and vending facilities on public (state, federal, and county) and private properties throughout the State pursuant to the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and California Welfare and Institutions Code Section 19625 et seq. The BEP owns and provides food service and vending facility equipment to licensed BEP vendors for the operation of the food service and vending facilities and provides repair services for said equipment.

2. Authority

As the State Licensing Agency, the DOR provides each licensed blind vendor with such equipment as may be necessary to operate the assigned vending facility (20 U.S.C. 107b) and maintains or causes to be maintained all vending facility equipment in good repair and attractive condition (34 C.F.R. 395.10).

3. Description of Services/Deliverables

SEE ATTACHED DESCRIPTION OF SERVICES- EXHIBIT A.1

4. Contract Representatives The Contractor shall direct all inquiries during the term of this Agreement to:

|_|Robin Simmons/designee Department of Rehabilitation Business Enterprise Program 320 West 4th St., Ste. #150 Los Angeles, California 90013

(213) 576-6233 RJsimmon@dor.ca.gov

|_| Bill Shirah/designee Department of Rehabilitation Business Enterprise Program 721 Capitol Mall, 4th Floor Sacramento, CA 95814

(916) 558-5350 William.Shirah@dor.ca.gov Contractor

EXHIBIT A.1

SCOPE OF WORK

A) Type of Service

1) The Department of Rehabilitation's (DOR) Business Enterprise Program (BEP) equipment is located in State, Federal, County office buildings, privately owned buildings cafeterias, snack bars, convenience stores and vending machine facilities.

2) The Contractor shall provide Refrigeration Preventative Maintenance for the DOR BEP cafeterias, snack bars, and vending facilities. Timely services must be provided to ensure the BEP vendor has limited interruption of business operations.

Refrigeration preventative maintenance shall be performed on equipment to include, but are not limited to, refrigerators, freezers, ice machines, salad bars, vending machines (refrigeration only), yogurt machines (refrigeration only), and walk in refrigeration units.

Contractor will perform the following refrigeration preventative maintenance in each location on one Authorization for Repairs and Service - DR 1308.

· Check the temperature of the unit(s). Ensure that each thermostat for each unit is functioning. Refrigeration temperature is to be between 35 and 40 degrees Fahrenheit and freezers temperature should be between –2 and 5 degrees Fahrenheit.

· Inspect vacuum condenser, coils and general area and remove any loose debris and remove all items being stored on the top of the unit.

· Use a condenser coil brush to brush the condenser, straightening all condenser fins and removing any build-up.

· Use CO-2 to blow the condenser free of debris.

· Use a degreaser approved for use in refrigeration condensers and coils. Spray condensers and coils, let degreaser soak for two to three minutes and spray condenser and coils with hot water. Clean area of all residue from the process.

· Use CO-2 to…