IFB_C5612119-D_Rebid_3.pdf

F

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated:August 2024

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STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

1/ 9/2025

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

LOW LEVEL RADIOACTIVE WASTE REMOVAL AND DISPOSAL

SERVICE OF H3 EXIT SIGNS

BID NUMBER C5612119-D, REBID 3

RETURN BID TO: CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov

You are invited to review and respond to this IFB C5612119-D, Rebid 3, titled Low Level Radioactive Waste Removal and Disposal Service of H3 Exit Signs Service Contract, for the Department of Corrections and Rehabilitation (CDCR), Avenal State Prison (ASP) located at Kings Way, Avenal, CA 93204. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Government Code 14838, the California Department of Corrections and Rehabilitation (CDCR) is required -five percent (25%) Small Business (SB) participation requirement. Certified SBs and micro-businesses (MB) are encouraged to submit bids. See Small Business Preference Program Section, in this IFB for requirements.

The designated contact person for this IFB is:

Contract Analyst: LaCreshia Tolefree California Department of Corrections and Rehabilitation Email address: lacreshia.tolefree@cdcr.ca.gov Phone: (279) 223-1556

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

Technical questions regarding this solicitation will be addressed in writing and accordance with the Questions and Answers portion of this IFB. See Letters of Inquiry Section for more details.

Sincerely, LaCreshia Tolefree

LaCreshia Tolefree Contract Analyst

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BID PACKAGE OVERVIEW

PROJECTED TIMETABLE .................................................................................................................... - 5 -

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS ............................................................ - 5 -

PROHIBITION ON TAX DELINQUENTS ............................................................................................... - 5 -

BIDDER RESPONSIBILITIES & THE BID PACKAGE ............................................................................... - 5 -

BID SUBMITTAL ................................................................................................................................. - 6 -

LETTERS OF INQUIRY ........................................................................................................................ - 7 -

PUBLIC BID OPENING ........................................................................................................................ - 8 -

EXECUTIVE ORDER N-6-22 RUSSIAN SANCTIONS .......................................................................... - 8 -

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE ......................................................... - 8 -

BASIS FOR AWARD ............................................................................................................................ - 9 -

PROTEST AWARD .............................................................................................................................. - 9 -

AGREEMENT EXECUTION .................................................................................................................. - 9 -

EXTENSION OF TERM ...................................................................................................................... - 10 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM ..................................................... - 10 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE ..................................................... - 10 -

SMALL BUSINESS PREFERENCE PROGRAM ..................................................................................... - 11 -

NON-SMALL BUSINESS PREFERENCE REQUEST .............................................................................. - 12 -

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE .......................... - 12 -

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS: SMALL/MICRO BUSINESS

AND DVBES ..................................................................................................................................... - 12 -

BIDDER PROVIDING FACILITY(IES) .................................................................................................. - 13 -

Table of Contents

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BID PACKAGE OVERVIEW

This IFB package contains the following documents (except as otherwise indicated).

Please note that you must comply with the requirements contained in all documents.

Bid Submittal Checklist

Bidder Acknowledgment/Certification (OBS 300)

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Exit Sign Photos (Exhibit A-1)

Equipment List (Exhibit A-2)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1) Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).

General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at Standard Contract Language for Non-IT Services - GTC 04/2017.

Special Terms and Conditions (Exhibit D)

CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit E)

GenAI Disclosure & Factsheet (STD 1000)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205)

Supplement Vendor Payee Data Record

Darfur Contracting Act (OBS 1500)

California Civil Rights Laws Certification (OBS 1510)

Sample Certificate of Insurance

California DVBE Bid Incentive Instructions Selecting Incentive Option

Bidder Declaration (GSPD-05-105)

DVBE Declarations (DGS PD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)

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Invitation for Bid Contract Bid Number C5612119-D, Rebid 3

PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders January 9, 2025 Letters of Inquiry Submission Date February 6, 2025 Submission of Bid February 18, 2025, by 11:00 AM Public Bid Opening February 19, 2025, at 2:00 PM Anticipated Date for Commencement of Services Upon Approval Term End Date of Agreement June 30, 2025

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with 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. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1). Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B- ffered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

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2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

All required documents listed in the Bid Submittal Checklist must be included within the bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, a signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. 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. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed through DocuSign by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

BID SUBMITTAL

Bids must be submitted electronically, with all necessary bid submission documents in a clear, legible Portable Document Format (PDF), the documents are fully responsive and lack any deficiency, to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov no later than the time and date specified in the Projected Timetable. Any bid received in any other manner will NOT be considered. Bid submission time will be recorded using the electronic time stamp associated with receipt of the email submission. CDCR will provide an automated email response confirming receipt of each submission received showing the date and time the submission was received. If a confirmation receipt is not received, please contact CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov to confirm your bid was received. Confirmation receipt is not a representation by CDCR that the submitted bid is responsive and complete.

Any electronic bid received after the Submission of Bid date and time specified in the Projected Timetable will NOT be considered. Bidders are ultimately responsible for ensuring timely receipt of their bid. It is recommended that Bidders submit bids at least one (1) hour in advance of the bid submission deadline to allow for confirmation of bid submission.

Bid submissions with attached PDF documents in excess of forty (40) Megabytes in size risk being undeliverable.

submit multiple emails if file size exceeds forty (40) Megabytes. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the internet (e.g., Google Drive, Dropbox) in lieu of attachments are not acceptable, and any documents stored at such links will not be reviewed.

The subject line of the electronic bid must be titled:

BID FOR C5612119-D, Rebid 3 - Low Level Radioactive Waste Removal and Disposal Service of H3 Exit Signs.

Bids that are not properly marked may be disregarded. Please see example below for further assistance.

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The body of the email of the electronic bid must only contain the following:

DO NOT OPEN

BID NUMBER: C5612119-D, Rebid 3 ATTENTION: LaCreshia Tolefree

COMPANY NAME:

(See Sample Below)

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear one of the following DocuSign, or Adobe Acrobat Sign signature, or a scanned document of an original ink signature. An unsigned bid may be rejected.

A bidder may modify a bid after its submission by withdrawing the 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. A bid may be withdrawn from consideration by submitting a written withdrawal request to CDCR via email to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov, signed by the bidder or an authorized agent. Bids will not be opened until the Public Bid Open date and time. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Any letters of inquiry must be submitted by email to allow CDCR time to research and prepare a response.

Submit your letter of inquiry by the date specified in the Projected Timetable Section of this IFB directly to LaCreshia Tolefree, Contracts Management Branch, by E-mail: lacreshia.tolefree@cdcr.ca.gov

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PUBLIC BID OPENING

All bids received by the due date and time will be opened and read at a virtual public bid opening. Bids will be opened publicly over conference-call utilizing the call-in number below. The time of the public bid opening will be as outlined in the Projected Timetable.

Call-In Number: 1-916-701-9994 Passcode: 340347063#

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

Final results may change as a result of formal bid evaluation.

Bid opening will be audio only with no opportunity for questions and answers.

Bid Results can also be requested by contacting the contract analyst listed in this solicitation following the public bid opening.

EXECUTIVE ORDER N-6-22 RUSSIAN SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding to sanctions imp sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for contract execution, shall be grounds for termination by the State.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

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.

Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor .

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

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BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed, and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

PROTEST AWARD

Information regarding the protest of an award may be found by going to State Contracting Manual - Volume 1, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope or email subject line containing the written protest must clearly state:

"Protest Concerning IFB Number C5612119-D, Rebid 3 for the California Department of Corrections and Rehabilitation".

Protests MUST be filed with:

ORIGINAL COPY

EMAIL OR MAIL DELIVERY

Email: OLSProtests@dgs.ca.gov

Department of General Services Office of Legal Services Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

EMAIL OR MAIL DELIVERY

E-mail: m_CDCR-OBS-Protest-Mailbox@cdcr.ca.gov

Department of Corrections and Rehabilitation Office of Business Services Contracts Management Branch 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, A-2, B, B-1, D, and E.

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This Agreement will not include a copy of the Exhibit C, General Terms and Conditions for Private Contractors, which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at Standard Contract Language for Non - IT Services.

After award, the Standard Agreement will be forwarded to the Contractor for signature via DocuSign.

Upon receipt, the Contractor must sign the Agreement and return the Agreement with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreement and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the DGS Government Claims Program. When the Agreement is fully approved, a copy will be forwarded to you.

EXTENSION OF TERM

This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting 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.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the three percent (3%) goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code

999. The DVBE Incentive Program applies to all contracting activities for services. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form (OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

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Award Based on Low Price places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five percent (5%) will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

SMALL BUSINESS PREFERENCE PROGRAM

Current law requires state departments to support the success of small businesses, including microbusinesses, in participation in contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to contract with certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California;

2. The officers are domiciled in California;

3. The business is independently owned and operated;

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has one hundred (100) or fewer employees and averaged annual gross receipts of $16,000,000 or less over the previous three years, or

(2) The business is a manufacturer with one hundred (100) or fewer employees;

b. For Micro Business, either:

(1) The business, together with any affiliates, has twenty-five (25) or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(2) The business is a manufacturer with twenty-five (25) or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

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1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS

555) with their bid proposal.

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000.

The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the

IFB Page 12 of 73 bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

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TBB Bid Number C5612119-D, Rebid 3 California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

1 3

LOW LEVEL RADIOACTIVE WASTE REMOVAL AND DISPOSAL SERVICE OF

H3 EXIT SIGNS

1. INTRODUCTION

This is an Agreement in which the Contractor shall provide Low Level Radioactive Waste Removal and Disposal Service of H3 Exit Signs. The Contractor will be compensated for the services in accordance with the rates specified on Exhibit B-1, Rate Sheet which shall include all labor, including travel and per diem, all necessary materials, supplies, tools, equipment, licenses, permits, insurance and personnel to provide services for the California Department of Corrections and Rehabilitation (CDCR), Avenal State Prison (ASP), located at 1 Kings Way, Avenal, CA 93204.

2. CONTRACTOR RESPONSIBILITIES

The Contractor will not be detaching H3 Exit Signs from any structure. The Contractor shall dispose of all ready detached Self Luminous H3 Exit signs with internal light sources powered by tritium gas. Tritium gas is a radioactive isotope of hydrogen (H3):

Record all necessary information on Serial Number Spreadsheet provided by ASP.

The services shall be provided Monday through Friday, 7:00 AM to 3:30 PM, excluding State observed holidays on an as needed basis.

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Scope of Work

2 3

The Contractor shall comply with all requirements of all applicable federal, state, and local laws, and safety regulations, in the collection, removal, packaging, loading, transportation and dispose of low level radioactive waste and recycle/disposal of exit signs. These include but not limited to:

California Health and Safety Code, Division 104, Part 9, Chapter 5 California Health and Safety Code, Division 104,Part 9, Chapter 8 California Vehicle Code, Division 14.1 California Vehicle Code, Division 14.5 California Code of Regulations Title 8, Section 3206 California Code of Regulations, Title 8, Section 3380 California Code of Regulations, Title 8, Section 3400 California Code of Regulations, Title 8, Section 5192 California Code of Regulations, Title 8, Section 5194 California Code of Regulations, Title 13, Division 2, Chapter 6 California Code of Regulations, Title 13, division 2, Chapter 6.5 California Code of Regulations, Title 17,Division 1, Chapter 5, Subchapter 4 California Code of Regulations, Title 17, Division 1, Chapter 5, Subchapter 4.6 California Code of Regulations, Title 19, Division 2, Chapter 4 California Code of Regulations, Title 22, Division 4.5, Chapter 13 Code of Federal Regulations, Title 10 , Chapter 1, Part 20 Code of Federal Regulations, Title 29, Part 1910.1096 Code of Federal Regulations, Title 40, Chapter1, subchapter F Code of Federal Regulations, Title 49, Subtitle B

The Associate Hazardous Materials Specialist (AHMS) or designee is the state representative and responsible for the management of this contract. All services performed by the Contractor are to be inspected by the AHMS or designee upon completion. The AHMS or designee shall approve work prior to authorizing payment of invoices. The AHMS or designee shall be responsible for scheduling services and providing location for pickup of H3 exit signs for transportation via UPS / FedEx.

Should questions or problems arise during the term of this contract, the contractor should contact the following offices:

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Scope of Work

3 3

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California Department of Corrections and Rehabilitation (CDCR) Exhibit A-1

1 1

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TBB

California Department of Corrections and Rehabilitation (CDCR) Rate Sheet

LOW LEVEL RADIOACTIVE WASTE REMOVAL AND DISPOSAL OF H3 EXIT SIGNS

Bid Number C5612119-D, Rebid 3 Exhibit B-1

A. SERVICE RATE

x =

1 x =

2 x =

Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file, to assist bidders in computing accurate totals. Bidders can download the Excel version and complete all highlighted cells.

NOTE: Bidders are required to bid each item. Failure to indicate a dollar amount in any item could be grounds to reject the entire bidders' bid. A zero-dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder who indicated a zero-dollar ($0.00) amount shall perform any such services at no cost to the State.

Any quantities listed on the Exhibit B-1, Rate sheet are the State's estimates only and are offered as a basis for the comparison of bids. The State will not pay for travel time and per diem as it should be included in any rates at the time of bidding for this job.

The state does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

All prices and notations must be printed in ink or typewritten. All prices must be bid U.S. currency and shall encompass every item of expense necessary to perform the services.

UNIT COST

EQUIPMENT DESCRIPTION

ESTIMATED

NUMBER OF

SERVICES

Recycle/Disposal of H3 Exit Signs

Recycle/Disposal of Broken H3 Exit Signs

TOTAL

Total of 1 and 2

Contractor may offer a discount to the amount paid on invoices received and accepted by the CDCR in order for the invoices to be paid within thirty (30) days of receipt. Discount offered on invoices must be at least one percent of the amount and a minimum of $50.00

Discount offered on invoices to be paid within 30 days of receipt =

* The percent of discount (highest discount prevails) may be used in the event of tie bids.

Refer to the Notice to Prospective Bidders, Bid Submission Requirements.

BASIS FOR AWARD

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California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions Rev. 08/2024

1. Contract Disputes (Supersedes provision number 6, Disputes, of Exhibit C)

As a condition precedent to Contractor available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.

a. Final Payment

The acceptance by Contractor of final payment shall release the California Department of Corrections and Rehabilitation (CDCR) from all claims, demands and liability to Contractor for everything done or furnished in connection with this work and from every act and neglect of CDCR and others relating to or arising out of this work except for any claim previously accepted and/or in process of resolution.

b. Informal Appeal Contractor and the program or institution contract liaison, or other designated CDCR employee of the unit for which the goods are being delivered or the service is being performed, shall first attempt in good faith to resolve the dispute or claim by informal discussion(s). Contractor shall identify the issues and the relief sought. Informal discussion(s) between Contractor and contract liaison, or the designated CDCR employee, shall be written, dated, and signed by the authors.

The program or institution contract liaison shall issue an informal written statement to Contractor regarding the dispute within fifteen (15) calendar days following settlement or an impasse in the informal discussion(s) process. The written statement shall either: (1) document the dispute settlement and what, if any, conditions were reached;

or, (2) document the reason(s) the dispute could not be resolved informally and provide notification to Contractor of its option to file a formal appeal within thirty (30) days of the informal statement. One (1) copy of the informal statement and the discussion(s) on which it is based shall be forwarded immediately to the Office of Business Services (OBS) for inclusion in the Agreement file.

c. Formal Appeal If the dispute or claim is not resolved to Contractor process, Contractor may file with the Chief, Contracts Management Branch (CMB), OBS, and a formal written appeal within thirty (30) calendar days of the date of CDCR informal written decision. The formal written appeal shall be addressed as follows:

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Special Terms and Conditions Rev. 08/2024

(SUBJECT)

Chief Contracts Management Branch Office of Business Services California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

Contractor shall specify in the formal written appeal the issue(s) in dispute, the particular relief or remedy sought, the factual basis for Contractor and Contractor Contractor bases its claim or dispute.

The formal written appeal shall include a written certification signed by a knowledgeable company official under the penalty of perjury according to the laws of the State of California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute, claim, or demand is made in good faith, and that the supporting information are accurate and complete. If an Agreement adjustment is requested, the written certification shall further state under penalty of perjury that the relief requested accurately reflects the Agreement adjustment for which the CDCR is responsible.

If Contractor is a corporation, the written certification shall be signed by an officer thereof. If Contractor is a sole proprietorship or partnership, it shall be signed by an owner or full partner. If Contractor is other than a corporation, sole proprietorship or partnership, it shall be signed by a principal of the company with authority to bind the company.

The Chief, CMB, shall issue a formal written decision on behalf of CDCR within thirty

(30) calendar days of receipt of the properly addressed formal written appeal. If mutually agreed by the parties, the date for the issuance of CDCR decision may be extended.

d. Further Resolution If the dispute is not resolved by the formal appeal process to Contractor or Contractor has not received a written decision from the Chief, CMB, after thirty (30) calendar days, or other mutually agreed extension, Contractor may thereafter pursue its right to institute other dispute resolution process, if any, available under the laws of the State of California.

e. Contract Disputes with Public Entities A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.

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Special Terms and Conditions Rev. 08/2024

2. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C)

The State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor. Contractor may submit a written request to terminate this Agreement only if the State should substantially fail to perform its responsibilities as provided herein.

Additionally, the State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor should it be later identified as a service which can be consolidated into a statewide/regionalized Agreement. The State may exercise its option to cancel the remaining years of this Agreement, should it be decided that with additional institutions and/or sites, the State would receive a better rate for the same service.

However, the State can immediately terminate this Agreement

Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be

Contractor.

This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

3. Contract Suspension

Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

4. Responsibility Hearing

If this Agreement is terminated for cause, CDCR reserves the right to conduct a responsibility hearing to determine if the Contractor is a responsible bidder before an award of future Agreements can be made.

5. Confidentiality of Data operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure.

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Special Terms and Conditions Rev. 08/2024

If the methods and procedures employed by the Contractor for the protection of the Contractor with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties.

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) in violation of any state or federal law.

Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code (GC) Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

6. Compliance with Legal Requirements

The Contractor shall be aware of and comply with all Federal and State statutes, rules, CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

7. Executive Order N-6-22 Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. GenAI Technology Use & Reporting

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor

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Special Terms and Conditions Rev. 08/2024 shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

9. Liability for Loss and Damages

Any damages by the Contractor materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement.

10. Computer Software Management Memo

Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

11. Accounting Principles

The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a Contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.

12. Liability for Nonconforming Work

All work provided by the Contractor shall conform to the latest requirement of federal, state, city and county regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

The Contractor will be…