IFB_I-2526-15_Solicitation_Package.pdf

Department of Toxic Substances Control 1001 I Street • Sacramento, California 95812

Laboratory Analysis Services for Fish Bioassay Invitation for Bid No. I-2526-15

May 6, 2026

The Department of Toxic Substances Control (DTSC) is soliciting bids from qualified firms with the ability to provide comprehensive laboratory analysis for aquatic bioassay toxicity determination. The Contractor shall provide personnel, services, materials and equipment that are needed to provide laboratory sample analysis services for DTSC’s Environmental Chemistry Laboratory (ECL). Upon receipt, please review the entire document. Instructions for submitting any questions about the content or the competitive process and DTSC’s response process are outlined in Section 13.A.

The purpose of this Invitation for Bid (IFB) is to award one (1) Contract for the specified services. This IFB explains what is required to submit a successful bid package. In submitting your bid, you must comply with these instructions and meet all requirements. Prior to submitting a bid, bidders shall review the Proposed Contract included with this IFB to ensure they agree to all terms and conditions and have the ability and resources to complete the required work within the timeframes set out in the contract. DTSC is not obligated to award and reserves the right to reject all bids.

Respondents to this IFB shall submit completed bids as outlined in this IFB no later than the date stated in the Schedule of Events table.

Reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Andrew Salz contracts@dtsc.ca.gov DTSC Contracts Unit

Invitation for Bid No. I-2526-15

1. SCHEDULE OF EVENTS

Laboratory Analysis Services for Fish Bioassay

IFB No. I-2526-15

Events Anticipated Date of Event

IFB Release Date May 6, 2026

Deadline to Submit Written Questions May 19, 2026 at 3:00 p.m., Pacific Time

Post Response to Written Questions May 26, 2026

Final Filing Date June 2, 2026 at 3:00 p.m., Pacific Time

Bid Opening* June 3, 2026 at 10:30 a.m., Pacific Time

Anticipated Contract Performance Start Date** June 17, 2026

*Bid Opening Location: Department of Toxic Substances Control – 1001 I Street, Sacramento, CA 95814

** This date may be changed at the discretion of DTSC.

NOTE: For security reasons, if you plan to attend the public bid opening, please contact contracts@dtsc.ca.gov by 11:00 a.m. of the business day prior to bid opening so arrangements can be made for entrance into the Cal/EPA building.

Laboratory Analysis Services for Fish Bioassay

2. TABLE OF CONTENTS

1. SCHEDULE OF EVENTS

2. TABLE OF CONTENTS

3. INTRODUCTION

4. PURPOSE

5. CONTACT INFORMATION

6. SERVICES TO BE PROVIDED

7. MINIMUM QUALIFICATIONS

8. PREFERENCE AND INCENTIVE PROGRAMS

A. SMALL BUSINESS PREFERENCE

B. DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION AND INCENTIVE ... 8

C. COMMERCIALLY USEFUL FUNCTION (CUF)

9. BID REQUIREMENTS

A. TECHNICAL BID

B. MINIMUM QUALIFICATIONS CERTIFICATION

C. REQUIRED ATTACHMENTS

10. SUBMISSION OF BIDS

11. EVALUATION PROCESS

12. AWARD AND PROTEST

13. GENERAL INFORMATION

A. QUESTIONS REGARDING THE IFB

B. ERRORS AND OMISSIONS

C. CONFIDENTIALITY

D. ADDENDA

E. CLARIFICATIONS

F. EXECUTIVE ORDER REGARDING RUSSIA SANCTIONS

G. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) TECHNOLOGY USE AND

REPORTING

14. OTHER CRITERIA

A. RIGHT TO REJECT ANY OR ALL BIDS

B. BIDDER’S COSTS

C. REVIEW OF BIDS SUBSEQUENT TO CONTRACT AWARD

D. CONFLICT OF INTEREST

E. FOLLOW-ON CONTRACTS

15. ATTACHMENTS

ATTACHMENT 1: REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2: MINIMUM QUALIFICATIONS ATTACHMENT CHECKLIST

ATTACHMENT 3: BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 4: BIDDER COST SHEET

ATTACHMENT 5: ANALYSIS TABLE

ATTACHMENT 6: DARFUR CONTRACTING ACT

ATTACHMENT 7: BIDDER DECLARATION

ATTACHMENT 8: CONTRACTOR CERTIFICATION CLAUSES 04/2017

ATTACHMENT 9: PAYEE DATA RECORD – STD. 204 AND STD 205

ATTACHMENT 10: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 11: DVBE DECLARATIONS - STD 843

ATTACHMENT 12: SMALL BUSINESS PREFERENCE

ATTACHMENT 13: CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

CONTRACT PARTICIPATION AND BID INCENTIVE INSTRUCTIONS (REVISION DATE

1-2022)

ATTACHMENT 14: COMMERCIALLY USEFUL FUNCTION FORM

16. PROPOSED CONTRACT

3. INTRODUCTION

The DTSC Environmental Chemistry Laboratories (ECL) in Berkeley, located at 700 Heinz Avenue, Suite 100, Berkeley, California 94710 and Pasadena, located at 757 South Raymond Avenue, Suite 105, Pasadena, California 91105 assist in the investigation and characterization of potential contamination of sites throughout the State of California. ECL supports the activities of DTSC by analyzing submitted samples. ECL requires analysis support from a California Environmental Laboratory Accreditation Program (ELAP) accredited laboratory to meet the analysis needs, quality requirements, and capacity needs of ECL and DTSC.

4. PURPOSE

The Department of Toxic Substances Control (DTSC) is seeking bids from experienced and qualified laboratories in aquatic bioassay testing to assist in the investigation and characterization of potential contamination at various sites throughout the State of California.

The firm awarded a Contract resulting from this IFB will provide laboratory analysis services under the authority granted to DTSC by Chapter 6.5, of the Health and Safety Code. DTSC intends to award one (1) Contract resulting from this process.

The resulting Contract term will be for four years with the option of a one (1)-year extension at the same contracted rates with a starting budget of $105,000.00.

5. CONTACT INFORMATION

All communications for this IFB should be directed to the following staff:

Andrew Salz Contract Development Analyst Department of Toxic Substances Control 1001 I Street, 12th Floor Sacramento, CA 95814 E-mail: contracts@dtsc.ca.gov

Any contact with DTSC regarding this IFB must be directed to the designated DTSC staff identified above. Prospective bidders, including any prospective subcontractors, shall NOT contact any other DTSC employees or board members regarding the IFB and/or the proposed work associated with this IFB. Any discussion or inquiry regarding this IFB in violation of this rule may result in the disqualification of such bidder’s proposal or contract award. This requirement is to ensure a fair and equitable process in awarding a contract based upon merit. Any oral or written communications regarding this IFB from any other DTSC employee or board members may not be relied upon and are not binding on DTSC.

6. SERVICES TO BE PROVIDED

Please refer to Section 16, Proposed Contract.

7. MINIMUM QUALIFICATIONS

A. Bidder must provide evidence and/or written documentation of how each minimum qualification is met. Failure to provide adequate evidence and/or documentation may cause the bid to be rejected. The minimum qualification documentation provided will be scored on a pass/fail basis.

B. Bidder shall have available all personnel, equipment, materials, and training necessary to comply with the provisions of this IFB from date of proposal submission through full duration of the Contract.

C. The bidder shall demonstrate that it meets the minimum qualifications listed in items 1 through 6 below:

1. Bidder Profile

a) Bidder shall submit a brief summary of the history of the firm, including significant dates (e.g., incorporation or establishment) and historical business relationships with parent company, subsidiary, etc., as well as such relationships that will be maintained for and during the life of this Contract.

b) The Bidder’s laboratory location must be provided and be geographically located within the State of California.

2. Bidder Experience and Technical Lead(s) Experience

In this section the Bidder must demonstrate that it meets all of the requirements for experience and qualifications as set forth below:

a) List up to three (3) projects that are similar to the services described in the Proposed Contract, with detailed descriptions of the Bidder’s role and scope of responsibility for each project cited. The description of these Projects shall include dates, locations, clients, and project summaries.

b) Critical Personnel Experience: Provide resumes for the following staff:

a) Laboratory Director

b) Quality Assurance Officer/Manager

c) Technical Directors/Supervisors

3. Laboratory Quality Manual or Policies and Procedures

Bidder shall provide written descriptions of how the laboratory addresses each of the required policies and procedures listed below. Provide examples if necessary to reinforce how these policies and procedures are implemented. The bidder may provide copies of their Quality Manual or Standard Operating Procedures to meet this requirement.

a) Policies and procedures to ensure that all required records are retained.

b) Policies and procedures to control and maintain documents through a document control system which ensures that all standard operating procedures, manuals, or documents clearly indicate the time period during which the procedure or document was in force.

c) Policies and procedures for achieving traceability of measurement.

d) Policy and procedures for handling of submitted samples, including chain of custody.

e) Description of verification practices including inter-laboratory comparisons, proficiency testing programs, use of reference materials and internal quality control schemes.

f) Policies and procedures for handling corrections and corrective actions whenever testing discrepancies are detected, or departures from documented policies and procedures occur.

g) Policies and procedures for dealing with complaints.

h) Protection of confidentiality (including national security concerns) and propriety rights.

i) Policies and procedures for audits and data review, data validation, and usability.

j) Processes/procedures of the bidder’s ethical and legal responsibilities.

k) Description of procedures for reporting analytical results; to include the reporting criteria.

4. Bidder Accreditation Certificates and Scopes

a) Bidder shall submit certificate of Environmental Laboratory Accreditation Program (ELAP) accreditation with the bid package.

b) The Fields of Testing (FoT) that must be covered for this contract include:

i. FoT 113: Environmental Toxicity Methods

5. Latest Bidder Accreditation Assessment Report and Associated Corrective Actions

The bidder shall submit a copy of the last Accreditation Assessment Report including all responses submitted by the laboratory and all associated corrective actions performed.

6. Examples of complete raw data report packages (Level IV)

The bidder shall submit a copy of an example Level IV complete raw data package for Definitive Fish Bioassay analyses. Information to be included in the package can be found in Section 7 Laboratory Reports in Section 16, Proposed Contract.

8. PREFERENCE AND INCENTIVE PROGRAMS

The State of California (State) established the following preference programs to encourage participation in State contracting by various segments of the business community and to stimulate business and employment in geographic areas determined to be economically distressed. Proposers must include the documentation described below if they intend to apply for the Small Business Preference program. Bidders must complete and return Attachment 12, if applicable. Preference points will be awarded as described in Attachment 12.

A. SMALL BUSINESS PREFERENCE

A five percent (5%) and up to a maximum amount of $50,000.00 bid preference is available to a certified small business firm. The Small Business preference will be applied to those bidders declaring their eligibility on the Bid/Bidder Certification Sheet, Attachment 2. Additionally, in accordance with Military and Veterans Code (MVC) Section 999(b)(5)(B) and 999.10 (a)(3), Government Code (GC) 14837(d)(4)(A), Title II California Code of Regulations, Sections 1896.15 and 1896.71, a California certified Small Business must be deemed to perform a Commercially Useful Function (CUF).

Information regarding the certification program and the benefits of being certified as a Small Business by the Department of General Services may be obtained at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise

The five percent (5%)/$50,000.00 bid preference is also available to a non-small business claiming California-certified small business/microbusiness subcontractor participation for at least twenty-five percent (25%) of its bid price. The non-small business preference will be applied to those bidders declaring their eligibility on the Bidder Declaration, Attachment 7.

B. DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION AND INCENTIVE

DVBE Participation: DVBE participation requirements have been waived for this Contract.

DVBE Incentive: However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state Contracts and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs including yourself, that will be used in the performance of this Agreement. An explanation of the Disabled Veteran Business Enterprise Program (DVBE) requirements can be found at the Internet web site:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise

This bid package provides program information and bidder responsibilities for the DVBE Contract Participation and/or Bid Incentive Program (Attachment 13). The bidder should indicate all proposed subcontractors on the Bidder Declaration (Attachment 7) and complete the STD 843 – DVBE Declarations for any DVBE subcontractors (Attachment 11). Additionally, in accordance with Military and Veterans Code (MVC) Section 999(b)(5)(B) and 999.10 (a)(3), Government Code (GC) 14837(d)(4)(A), Title II California Code of Regulations, Sections 1896.15 and 1896.71, a California certified DVBE must be deemed to perform a Commercially Useful Function (CUF).

C. COMMERCIALLY USEFUL FUNCTION (CUF)

Information regarding CUF may be obtained at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/Commercially-Useful-Function-for-Certified-Firms. Bidders seeking to obtain a Small Business or DVBE preference must complete and submit the Commercially Useful Function Evaluation Form (Attachment 14), with their bid. This form is available here: https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf.

9. BID REQUIREMENTS

Bids must describe the bidder’s qualifications and expertise in the format outlined in the IFB.

A bid will not be considered complete unless it contains the items described below. Bidders are not to alter or modify the forms other than by providing the required information; please note, adding your firm’s logo or letterhead to the form is not considered a modification or alteration of the form.

A. TECHNICAL BID

The Technical Bid includes all of the following items:

1) Cover Letter

Bidders must submit a cover letter that is signed by an individual who is authorized to legally bind the bidder contractually (e.g., President, Chief Executive Officer, etc.).

The cover letter must state the individual is so authorized and must identify the title or position that the individual holds in the bidder’s firm. The letter must contain all of the following:

a. A statement to the effect that the bid is a firm and irrevocable offer good for 180 calendar days.

b. A statement expressing the bidder’s willingness and ability to perform the services as described in this IFB.

c. A statement expressing the bidder’s availability of staff and other required resources for performing all services and providing all deliverables as described in this IFB.

B. MINIMUM QUALIFICATIONS CERTIFICATION

Bidders must provide evidence and/or written documentation of how each minimum qualification is met as described in Section 7 above. Failure to provide adequate evidence and/or documentation will cause the Bid to be rejected.

Please properly label all information requested via this IFB so that relevant information may be easily identified, routed, and scored.

Bids must describe the bidder’s qualifications and expertise in the format outlined in the IFB. A bid will not be considered complete unless it contains all of the items described below. For convenience, Attachment 1: Required Attachments Checklist is provided to assist in compiling the requisite information and documents for this IFB. However, it is ultimately each bidder’s obligation to review this IFB in its entirety and make sure that they are fully compliant with the requirements set forth herein.

Bidders are not to alter or modify the forms other than by providing the required information; please note, adding your company’s logo or letterhead to the form is not considered a modification or alteration of the form.

C. REQUIRED ATTACHMENTS

The Bidder must submit all required attachments as described below:

1) Required Attachment Checklist:

Bidders must complete and return the Required Attachments Checklist (Attachment 1). Failure to submit this form may cause the bid to be rejected.

2) Required Minimum Qualifications Checklist

Bidders must complete and return the Minimum Qualifications Checklist (Attachment 2). Failure to submit this form may cause the bid to be rejected.

3) Bid/Bidder’s Certification Sheet:

Bidders must complete and return the Bid/Bidder’s Certification Sheet (Attachment 3). This form must be signed by an individual who is authorized to bind the bidder contractually. Failure to submit this form may cause the bid to be rejected.

4) Bidder Cost Sheet

Bidder must complete and return the Bidder Cost Sheet (Attachment 4). Failure to submit this form may cause the bid to be rejected.

5) Analysis Table

Bidder must complete and return the Analysis Table (Attachment 5). Failure to submit this form may cause the bid to be rejected.

6) Darfur Contracting Act:

Bidders must complete and return the Darfur Contracting Act Certification (Attachment 6). This form must be signed by an individual who is authorized to bind the bidder contractually. Failure to submit this form may cause the bid to be rejected.

7) Bidder Declaration:

Bidders must complete and return the Bidder Declaration GSPD-05-105 (Attachment 7). The bidder should indicate all proposed subcontractors on the Bidder Declaration.

The Bidder Declaration must be submitted even if no subcontractors are indicated.

Failure to submit this form may cause the bid to be rejected.

8) Contractor Certification Clauses (CCC 04/2017):

Bidders must complete and return Certification Clauses (Attachment 8). Failure to submit this form may cause the bid to be rejected.

9) STD 204 Payee Data Record:

Bidder must complete and return the STD 204 Payee Data Record (Attachment 9).

Bidder shall also complete the STD 205, if applicable. Please note: The bidder’s complete legal name of record on file with the California Secretary of State must be used on this and all forms in this section. The same name, or a defined alternative, must be used in the other bid documents. Failure to submit this form may cause the bid to be rejected.

10) California Civil Rights Laws Certification:

Bidders must complete and return the California Civil Rights Laws Certification (Attachment 10). This form must be signed by an individual who is authorized to bind the bidder contractually. Failure to submit this form may cause the bid to be rejected.

11) Preference Program Attachments 11, 12, 13, and 14.

These attachments are only applicable or required from bidders who wish to claim the respective bid preference points for these programs.

a) STD 843 DVBE Declarations (Attachment 11)

b) Small Business Preference (Attachment 12)

c) California Disabled Veteran Business Enterprise (DVBE) Contract Participation and Bid Incentive Instructions (Revision date 1-2022) (Attachment 13)

d) Commercially Useful Function Evaluation Form (Attachment 14)

10. SUBMISSION OF BIDS

All bids must be submitted under sealed cover and sent to Department of Toxic Substances Control by dates and times shown in Schedule of Events Table. Bids not submitted under sealed cover may be rejected. Bidders are required to submit a minimum of two (2) complete paper sets and one (1) additional electronic copy on USB-flash drive containing the bid. One (1) paper copy must be marked as the Original Bid. The Original Bid will be relied upon as the official bid, in the event there are any discrepancies between the Original Bid and the other paper or electronic copies. The sealed bid must be plainly marked with the IFB number and title, must show firm’s name and address, and must be marked with "DO NOT OPEN", as shown below:

Please note: DTSC accepts e-signatures on all forms requiring signatures.

DTSC will not accept hand delivered bid submissions. Bids should be submitted as follows:

Via U.S. Postal Service Delivery UPS, Express Mail, Federal Express

IFB No. I-2526-15 Laboratory Analysis Services for Fish Bioassay

IFB No. I-2526-15 Laboratory Analysis Services for Fish Bioassay

Contract Development Department of Toxic Substances Control Contracting Services Branch – 12th Floor P.O. Box 806 Sacramento, CA 95812-0806

Contract Development Department of Toxic Substances Control Contracting Services Branch – 12th Floor 1001 I Street Sacramento, CA 95814

A. All bids shall include the applicable documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper "required attachments" may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

B. All documents requiring a signature (in blue ink or digitally) must bear an original blue ink or digital signature of the person indicated in the Cover Letter as authorized to legally bind the bidding firm. Please note: DTSC accepts e-signatures on all forms requiring signatures.

C. 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.

D. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive 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 the Contract.

E. Costs incurred for developing bids in anticipation of award of the Contract are entirely the responsibility of the bidder and shall not be charged to the State of California.

F. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet. The signature shall indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

G. A bidder may modify a bid after its submission only 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 via email to contracts@dtsc.ca.gov, 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. DTSC 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. DTSC reserves the right to cancel this IFB and/or reject all bids. DTSC is not required to award a Contract.

K. Before submitting a response to this IFB, bidders shall review, correct all errors and confirm compliance with the IFB requirements.

L. The State does not accept alternate Contract language from a prospective Contractor. A bid with such language will be considered a counter bid and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

M. No oral understanding or Contract shall be binding on either party.

N. Any technical questions pertaining to this bid may be referred to the following email address: contracts@dtsc.ca.gov and must show in the subject line: “IFB 2526-15.”

Comments or responses to oral inquiries or questions submitted via e-mail shall not be binding.

11. EVALUATION PROCESS

A. At the time of bid opening, each bid will be checked for the presence or absence of 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. Award if made, will be to the lowest responsive, responsible bidder.

12. AWARD AND PROTEST

A. Notice of the proposed award shall be posted in a public place in the office of DTSC 1001 I Street, Sacramento CA 95812 for five (5) working days prior to awarding the agreement if requested in writing by any bidder who has submitted a bid.

B. If any bidder, prior to the award of agreement, files a protest with DTSC and the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, on the grounds that the (protesting) bidder would have been awarded the contract had the agency correctly applied the evaluation standard in the IFB, or if the agency followed the evaluation and scoring methods in the IFB, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. It is recommended that any protest is sent by certified or registered mail.

C. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services, Office of Legal Services and DTSC a detailed statement specifying the grounds for the protest.

D. Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

E. Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at:

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

13. GENERAL INFORMATION

A. QUESTIONS REGARDING THE IFB

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the IFB process, may do so by submitting a query during the written questions submission period to contracts@dtsc.ca.gov with the subject, “IFB I-2526-15 Question.”

To ensure a response, questions must be received in writing by the scheduled date specified in the Schedule of Events.

Questions or requests received after due date may be answered at DTSC’s discretion.

Question and Answer responses will be posted on Cal eProcure without identifying the submitters. At the sole discretion of DTSC, questions may be consolidated and/or paraphrased by DTSC.

Only written questions and answers released as an official addendum and posted on Cal eProcure shall be binding. Oral answers shall not be binding on DTSC. All official changes will be released in writing. It is the bidder’s responsibility to check Cal eProcure for responses and updates.

B. ERRORS AND OMISSIONS

If a bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this IFB, the bidder should immediately notify DTSC of such error in writing and request clarification or modification of the document. This notification must be submitted pursuant to the procedures described in Section 13.A, “Questions Regarding the IFB.”

Modifications to the IFB will be made by addenda issued pursuant to Section 13.D, “Addenda” If a bidder fails to notify DTSC of a known error prior to the final dates of submission, or an error that reasonably should have been known, the bidder will assume the risk of bidding. If awarded the contract, the bidder will not be entitled to additional compensation or time by reason of the error or its later correction.

C. CONFIDENTIALITY

Bids and all documents submitted with the bids are subject to the California Public Records Act. Bids should not be marked as confidential or proprietary. Bidders should be aware that marking a document “confidential or proprietary” will not keep the document from being released unless the bidder obtains a court order specifically preventing its release by the DTSC.

D. ADDENDA

DTSC may modify in writing any part of the IFB, prior to the date bids are due, by issuance of one or more official addenda. Addenda will be numbered consecutively and posted to the Cal eProcure website. It is the bidder’s responsibility to check Cal eProcure for responses and updates.

E. CLARIFICATIONS

DTSC may request clarifications from bidders at any phase of the evaluation process for the purpose of clarifying ambiguities in the information presented in the bid. DTSC will request in writing the bidders provide the documentation required and the timeline for submission. Failure to submit the required documentation by the date and time indicated may cause DTSC to deem the bid nonresponsive or require DTSC to eliminate the bid from consideration due to a bidder’s failure to satisfy minimum requirements.

If deemed necessary by DTSC and at its sole discretion, the following omitted and/or additional information may be collected by mail, facsimile, email, or other method:

1) Copies of any form submitted without a signature. This provision does not apply to unsigned Cover Letter.

2) Data or documentation omitted from any submitted attachment or form.

3) Information and material needed to clarify or confirm certifications or claims made by a bidder.

4) Information or material needed to correct or remedy an immaterial defect in the bid.

Other than information requested by DTSC, no bidder will be allowed to alter the bid or add new information after the final filing date.

F. EXECUTIVE ORDER REGARDING RUSSIA SANCTIONS

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

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, bidder represents that it is not a target of Economic Sanctions. Should the State determine bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the bidder’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

G. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) TECHNOLOGY USE AND REPORTING

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

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

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

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

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

14. OTHER CRITERIA

A. RIGHT TO REJECT ANY OR ALL BIDS

The policy of DTSC is to solicit bids with a bona fide intention to award a contract. This policy will not affect DTSC’s right to reject any or all bids or to cancel the IFB at any time.

B. BIDDER’S COSTS

All costs for developing bids and attending interviews at DTSC headquarters (if applicable) are entirely the responsibility of the bidder and shall not be chargeable to

DTSC.

C. REVIEW OF BIDS SUBSEQUENT TO CONTRACT AWARD

All bids and the final scoring summary sheet are retained by DTSC as a permanent record and shall be made available for public inspection.

D. CONFLICT OF INTEREST

Compliance is required with California Public Contract Code Sections 10410 and 10411 relating to employment of current and former state employees.

E. FOLLOW-ON CONTRACTS

No person, firm, or subsidiary thereof or their officers or directors, who were previously awarded a DTSC consulting services Contract, or a Contract which primarily includes a consulting services component, may submit a bid or be awarded a Contract for the provision of services, delivery of goods or supplies, or any other related action that is required, suggested, or otherwise deemed to be an outgrowth of advice or recommendations submitted pursuant to the consulting service Contract (Cal. Public Contract Code section 10365.5).

15. ATTACHMENTS

ATTACHMENT 1: REQUIRED ATTACHMENT CHECKLIST

A complete bid package will consist of the items identified below. Place a check mark or “X” next to each item that you are submitting to DTSC.

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

CHECKLIST MUST BE RETURNED WITH THE BID PACKAGE.

- If a link to an Attachment is active, a physical copy of the Attachment will not be provided (in the following pages).

Name/Description

Cover Letter (requires signature from an authorized individual to legally bind the bidder)

Attachment 1: Required Attachment Checklist

Attachment 2: Minimum Qualifications Checklist

Attachment 3: Bid/Bidder Certification Sheet

Attachment 4: Bidder Cost Sheet

Attachment 5: Analysis Table

Attachment 6: Darfur Contracting Act Certification

Attachment 7: Bidder Declaration – GSPD-05-106

Attachment 8: Contractor Certification Clauses 04/2017

Attachment 9: Payee Data Record STD 204 (required) and STD 205, if applicable

Attachment 10: California Civil Rights Laws Certification

Attachment 11: DVBE Declarations, if applicable

Attachment 12: Small Business Preference, if applicable

Attachment 13: California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions, if applicable

Attachment 14: Commercially Useful Function Evaluation Form, if applicable

ATTACHMENT 2: MINIMUM QUALIFICATIONS ATTACHMENT CHECKLIST

Complete this Minimum Qualifications checklist to confirm the items in your bid. Place a check mark next to each item being submitted to the State.

For more detailed information about the requested documents and material, refer to the Solicitation, Section 7. Minimum Qualifications.

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

THIS CHECKLIST MUST BE RETURNED WITH THE BID PACKAGE.

Name/Description

Minimum Qualification Narrative addressing Bidder profile and Bidder experience (refer to section 7.C.1)

Resumes for Technical Lead(s) (refer to section 7.C.2)

Description or copies of Bidder’s Laboratory Quality Manual or Policies and Procedures (refer to section 7.C.3)

Current certificate of ELAP accreditation for the Bidder (refer to section 7.C.4)

Copies of the last Accreditation Assessment Report for Bidder, including responses and corrective actions (refer to section 7.C.5)

Examples of complete report packages (Level IV) for Definitive Fish Bioassay (refer to section 7.C.6)

ATTACHMENT 3: BID/BIDDER CERTIFICATION SHEET

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

Our all-inclusive bid is submitted as detailed in Attachment 4, Bidder Cost Sheet.

All required attachments are included with this certification sheet.

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

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

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

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

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

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

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

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, Complete these items as indicated.

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

Complete these items as indicated.

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 4: BIDDER COST SHEET

A. Instructions

1. Bidders must complete all entries, making sure calculations are accurate. All rates are “fully loaded”, i.e., they must include all contractor fees and charges, including, but not limited to the following:

a) container and container preparation costs related to analysis;

b) QC samples such as matrix spikes and duplicates;

c) sample cleanup

d) general and administrative expenses

e) profit

f) overtime

g) storage

h) overhead

2. Bidders must designate a bid rate greater than zero for each line item on the bid sheets.

Bid rates of “zero” or “blank” will be considered nonresponsive and the bid will be rejected.

3. DTSC shall not award a Contract if no proposals are received containing bids offering a bid price which in the opinion of DTSC is a reasonable price. It is not in DTSC’s best interest to accept bids outside a reasonable range of rates routinely charged in the industry for services and/or goods being bid.

4. This is a fixed unit price bid and shall consist of a single unit price rate for each specific item on the Cost Sheet. Bids must be submitted on the forms provided in this IFB package which detail each specific item for which a unit rate must be bid.

5. Bidder shall submit the cost per sample per matrix for each analysis. The cost per sample shall be based on the specific Turnaround Time (TAT) Level 1 (15 calendar days), Level 2 (30 calendar days), and Rush TAT (7 calendar days).

6. Bidder shall submit the cost at an hourly rate for providing qualified personnel as expert witnesses to testify regarding samples collected and analyzed in the laboratory.

7. Bidder shall submit the cost at an hourly rate for providing consultation concerning quality assurance/quality control, sampling, and analysis protocols, and data interpretation.

B. Cost Sheet

Item

Cost Per Sample

Turnaround Time (TAT)

Level 1:

Turnaround Time (TAT)

Level 2:

Turnaround Time (TAT)

Rush:

15 calendar days 30 calendar days 7 calendar days Subtotals

SOIL, NON-AQUEOUS WASTE, AND SOLID WASTE ANALYSIS

Hazardous Waste Fish Bioassay –Screen with Level IV Report

Hazardous Waste Fish Bioassay – Definitive with Level IV Report

LIQUID WASTE AND WATER ANALYSIS

Hazardous Waste Fish Bioassay –Screen with Level IV Report

Hazardous Waste Fish Bioassay – Definitive with Level IV Report

Cost of Expert Witness Testimony Per person/per hour:

Cost of Percipient Witness Testimony Per person/per hour:

Cost of Consultation Per person/per hour:

Additional Level II Report (when requested)

Cost per report:

Electronic Data Deliverable (EDD) Report (when requested)

Cost per report:

GRAND TOTAL

I. COST SHEET 3: WITNESS TESTIMONY, CONSULTATION AND LABORATORY

SERVICES

DTSC may require expert witness testimony regarding samples analyzed by Contractor.

Contractor shall specify an hourly rate for service, including preparation.

A. Cost of Expert Witness Testimony

Per person/per hour ___________________

B. Cost of Percipient Witness Testimony

Per person/per hour ___________________ NOTE: DTSC may require consultation concerning quality assurance/quality control, sampling protocols, and data interpretation. Contractor shall specify an hourly rate for provision of these services.

C. Cost of Consultation

Per person/per hour ___________________

D. Cost of Laboratory Services

Contractor shall specify an hourly rate for additional laboratory services not specified in the Contract.

Cost per hour ___________________

E. Additional Level II Report

Contractor shall specify cost to generate a Level II report when requested.

Cost per report ___________________

F. Electronic Data Deliverable (EDD) Report

Contractor shall specify cost to generate an electronic data deliverable report when requested.

Cost per report ___________________

G. 3A, 3B, 3C, 3D, 3E and 3F TOTAL WITNESS TESTIMONY, CONSULTATION, LABORATORY SERVICES, ADDITIONAL LEVEL II REPORT AND ELECTRONIC DATA

DELIVERABLE REPORT = __________________

II. BID SUMMARY SHEET

A. Total Soil, Non-Aqueous Waste, and Solid Waste Analyses (Cost Sheet I)

TAT Level Rush

TAT Level 1

TAT Level 2

B. Total Liquid Waste and Water Analyses (Cost Sheet II)

TAT Level Rush

TAT Level 1

TAT Level 2

C. Total Witness Testimony, Consultation Laboratory Services, Additional

Level II Report and EDD Report (Cost Sheet III)

D. GRAND TOTAL

ATTACHMENT 5: ANALYSIS TABLE

I. Instructions:

Bidder shall complete the Analysis Table below. The following information will be provided for each analysis listed:

A. Test Methods: All test methods (EPA, Standard Methods, ASTM, etc.) utilized by the laboratory.

B. Laboratory Standard Operating Procedure (SOP) Identification: Provide the number or unique identification for each SOP associated with the analysis.

C. Test on Scope of Accreditation: Identify if the analysis is on the laboratory’s scope of accreditation.

PLEASE NOTE: Any Item No. that is left blank or cannot be completed with your services will result in a disqualification. Each Item No. listed below is a minimum requirement for this Agreement.

II. SOIL, NON-AQUEOUS WASTE, AND SOLID WASTE ANALYSIS

Item No. Analysis Test Method(s) include all versions reported Laboratory SOP

Number

Test on Prime Contractor’s Scope of

Accreditation

Fish Bioassay - Screen

Fish

Definitive

III. LIQUID WASTE AND WATER ANALYSES

Item No. Analysis Test Method(s) include all versions reported Laboratory SOP

Number

Test on Prime Contractor’s Scope of

Accreditation (y/n)

Fish

Screen

Fish

Definitive

ATTACHMENT 6: DARFUR CONTRACTING ACT

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

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

1.

We do not currently have, or we have not had within the previous three years, business activities or other operations outside of the United States.

Initials OR

2.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Initials OR

3.

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

Initials+

Certification

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

Date Executed Executed in the County and State of

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.

ATTACHMENT 7: BIDDER DECLARATION

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT 8: CONTRACTOR CERTIFICATION CLAUSES 04/2017

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

This link will direct you to the DGS website. When you arrive, click the “CCC 04/2017” link to access the Contractor Certification Clauses.

ATTACHMENT 9: PAYEE DATA RECORD – STD. 204 AND STD 205

STD 204: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

STD 205 (if applicable): https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 10: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

https://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf

ATTACHMENT 11: DVBE DECLARATIONS - STD 843

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

ATTACHMENT 12: SMALL BUSINESS PREFERENCE

State law allows certified small business (SB) and microbusiness (MB) firms and non-small businesses who subcontract with a certified SB/MB firm to receive a 5% (and up to a maximum $50,000 cap) bidding preference on applicable state solicitations. The preference is only used for computation purposes to determine the winning bidder, the Contract is awarded at the actual bid amount.

To claim the small business preference the firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the Office of Small Business & DVBE Services by 5:00 p.m. on the bid due date and be certified by such office.

Information regarding the Small Business Preference can be found on the following Internet website:

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

Questions regarding the preference approval process should be directed to the Office of Small Business & DVBE Services at (916) 375-4940.

CONTRACTORS, PLEASE CHECK THE APPROPRIATE LINE:

_____ I am a California certified small business/microbusiness. A copy of my certification is attached.

_____ I am a Non-Small…