IFB_I-2627-03_-_Speciality_Gases_Refill_Services_publish.pdf

https://dtsc.ca.gov/

Specialty Gas Refill Services

Invitation for Bid No. I-2627-03

July 31, 2026

The Department of Toxic Substances Control (DTSC) is soliciting bids from qualified firms who have the ability to provide specialty gas (liquid argon and nitrogen) refill services for DTSC’s Environmental Chemistry Laboratory (ECL) located at 757 South Raymond Avenue, Suite 105, Pasadena, CA 91105. The Contractor shall provide on-demand services for maintenance and/or repair of ECL’s two (2) microbulk tank systems and laboratory piping system. The Contractor shall be available to troubleshoot and solve issues with the microbulk tank systems and laboratory piping system. Instructions for submitting any questions about the content or the competitive process and DTSC’s response process are outlined in Section 13A.

The purpose of this Invitation for Bid (IFB) is to award one (1) contract for $150,000.00 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 in 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 on the next page.

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.

Katheryn Nicol DTSC Contracts Unit contracts@dtsc.ca.gov https://dtsc.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:contracts@dtsc.ca.gov

Invitation for Bid No. I-2627-03

1. SCHEDULE OF EVENTS

Department of Toxic Substances Control

Specialty Gas Refill Services

IFB No. I-2627-03

Events Anticipated Date of Event

IFB Release Date July 31, 2026

Deadline to Submit Written Questions August 7, 2026 at 3:00 p.m., Pacific Time

Post Response to Written Questions August 14, 2026

Final Filing Date August 31, 2026 at 3:00 p.m., Pacific Time

Bid Opening* August 31, 2026 at 4:00 p.m., Pacific Time

Anticipated Award Date September 15, 2026

Anticipated Contract Performance Start Date September 16, 2026

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

NOTE: For security reasons, if you plan to attend the public bid opening please contact the Contract Development Analyst listed in Section 5 by 5:00 p.m. the day before the scheduled bid opening so that arrangements can be made for entrance into CalEPA building.

Department of Toxic Substances Control

Specialty Gas Refill Services

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. DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION OR INCENTIVE

(Attachment 8)

B. SMALL BUSINESS PREFERENCE (Attachment 9)

C. COMMERCIALLY USEFUL FUNCTION (CUF) (Attachment 10)

9. BID REQUIREMENTS

A. COVER LETTER

B. REQUIRED ATTACHMENTS CHECKLIST

10. SUBMISSION OF BIDS

11. EVALUATION PROCESS

12. AWARD AND PROTEST

13. GENERAL INFORMATION

A. QUESTIONS REGARDING THE IFB

B. EXECUTIVE ORDER REGARDING RUSSIA SANCTIONS

C. ERRORS AND OMISSIONS

D. CONFIDENTIALITY

E. ADDENDA

F. CLARIFICATIONS

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. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA

F. DELINQUENT TAX OBLIGATIONS (PUBLIC CONTRACT CODE 10295.4)

G. FOLLOW-ON CONTRACTS

H. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) TECHNOLOGY USE AND

REPORTING

15. ATTACHMENTS

ATTACHMENT 1: REQUIRED ATTACHMENTS CHECKLIST

ATTACHMENT 2: BID/BIDDER CERTIFICATION SHEET

ATTACHMENT 3: BIDDER COST SHEET

ATTACHMENT 4: BIDDER REFERENCES FORM

ATTACHMENT 5: DARFUR CONTRACTING ACT

ATTACHMENT 6: BIDDER DECLARATION

ATTACHMENT 7: CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT

ATTACHMENT 8: CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

CONTRACT PARTICIPATION AND BID INCENTIVE INSTRUCTIONS (REVISION DATE 1-

2022)

ATTACHMENT 9: SMALL BUSINESS PREFERENCE

ATTACHMENT 10: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

16. PROPOSED CONTRACT

EXHIBIT A

EXHIBIT B

EXHIBIT D

EXHIBIT E

3. INTRODUCTION

The mission of DTSC is to protect California’s people and environment from harmful effects of toxic substances by restoring contaminated resources, enforcing hazardous waste laws, reducing hazardous waste generation, and encouraging the manufacture of chemically safer products. The Environmental Chemistry Laboratory (ECL) in Pasadena is seeking a contractor to provide specialty gas services for the Laboratory. The contractor shall remotely monitor gas levels through telemetry units and refill the microbulk gas tanks as specified by DTSC. The Laboratory gases are used to supply argon and nitrogen gas to analytical instruments used for generating analytical data. Supply of gases are critical to the continued operation of the Laboratory. In addition, the Laboratory requires on-demand service and maintenance of the microbulk gas system. Specialty gas services are critical for ECL to ensure continued operation of the Laboratory to support the mission of DTSC.

4. PURPOSE

This Contract provides specialty gas (liquid argon and nitrogen) refill services to the Environmental Chemistry Laboratory (ECL) in Pasadena, California. Additionally, the Contractor shall provide on-demand services for maintenance and/or repair of ECL’s two (2) microbulk tank systems and laboratory piping system. The Contractor shall be available to troubleshoot and solve issues with the microbulk tank systems and laboratory piping system.

The resulting Contract term will be for a term of three (3) years, with the option to amend for one additional year at the same contracted rates.

5. CONTACT INFORMATION

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

Katheryn Nicol 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, of this IFB.

7. MINIMUM QUALIFICATIONS

A. The bidder shall demonstrate meeting the following minimum qualifications:

i. Bidder shall have a minimum of three (3) years’ successful experience within the last five (5) years with similar services as described in the Scope of Work (SOW) of the Proposed Contract (Section 16). Bidder shall demonstrate experience by including the completed Attachment 4, Bidder Reference Form, and by describing their experience in the Cover Letter (Section 9.A).

ii. Bidder shall have available all personnel, equipment, materials, and training necessary to comply with the provisions of this IFB from date of bid submission through full duration of the Contract and include a statement in the Cover Letter (Section 9.A) to this effect.

iii. Bidder shall be either a corporation, partnership, or other entity lawfully authorized to do business in the State of California and include a statement in the Cover Letter (Section 9.A) to this effect.

iv. The bidder shall set forth in his/her bid and on the required Attachment 6, Bidder Declaration Form (a) the name and business address of each subcontractor who will perform work or labor or render service and (b) the amount and type of work to be done by each subcontractor. Bidder shall be responsible for the performance and completion of all agreement work, including work of all subcontractors, and include a statement in the Cover Letter (Section 9.A) to this effect.

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. Bidders must include the applicable documentation described below if they intend to apply for the Small Business Preference program.

A. DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION OR INCENTIVE (Attachment 8)

DVBE Participation: Public Contract Code Section 10115 establishes a Contract participation goal of at least three percent (3%) for disabled veteran business enterprise (DVBE). This goal applies to a State agency’s overall contracting program. State agencies have the discretion to apply the DVBE participation goal to individual Contracts. The 3% minimum DVBE participation requirements are waived for this IFB.

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

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/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 8). The bidder should indicate all proposed subcontractors on the Bidder Declaration (Attachment 6).

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).

B. SMALL BUSINESS PREFERENCE (Attachment 9)

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 6.

To claim the small business preference bidders must meet the requirements, and complete and submit Attachment 8, Small Business Preference with their bid.

C. COMMERCIALLY USEFUL FUNCTION (CUF) (Attachment 10)

Bidders seeking to obtain a Small Business preference or DVBE incentive must complete and submit the Commercially Useful Function Evaluation Form (Attachment 10), with their bid for each CA certified small business Prime Contractor and/or subcontractor. This form is available here:

https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf. 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.

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.

Please properly label all information requested in this IFB so that relevant information may be easily identified and evaluated.

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 https://www.documents.dgs.ca.gov/dgs/fmc/dgs/obas201.pdf https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms 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.

The Technical Bid includes all of the following items:

A. 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:

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

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

iii. 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.

iv. Minimum Qualifications Certification – Bidders must describe or provide evidence and/or written documentation for any Minimum Qualifications listed in Section 7 above that must be referenced in the Cover Letter.

B. REQUIRED ATTACHMENTS CHECKLIST

i. Required Attachments Checklist:

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

ii. Bid/Bidder Certification Sheet:

Bidders must complete and return the Bid/Bidder Certification Sheet (Attachment 2).

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.

iii. Bidder Cost Sheet:

Bidders must complete and return the Bidder Cost Sheet (Attachment 3). Bidder must submit a Bidder Cost Sheet in the format prescribed in Attachment 3. The Bidder Cost Sheet must be completed according to the instructions provided. The rates in this section will be considered when determining the lowest bid. The contract, if awarded, will incorporate the rates in the Bidder Cost Sheet.

iv. Bidder References Form:

Bidder must complete and return the Bidder References Form (Attachment 4).

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

v. Darfur Contracting Act:

Bidders must complete and return the Darfur Contracting Act Certification (Attachment 5). 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.

vi. Bidder Declaration:

Bidders must complete and return the Bidder Declaration GSPD-05-105 (Attachment 6). 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.

vii. California Civil Rights Laws Attachments

Bidder must complete and return the California Civil Rights Laws Attachments (Attachment 7).

viii. Preference Program Attachments 8, 9 and 10

Attachment 8 is information only. Attachment 9 is only applicable or required from bidders who wish to claim the Small Business bid preference points. Attachment 10 is required for every DVBE or SB listed on your Bidder Declaration (Attachment 6).

a) California Disabled Veteran Business Enterprise (DVBE) Contract Participation and Bid Incentive Instructions (Attachment 8)

b) Small Business Preference (Attachment 9)

c) Commercially Useful Function Evaluation Form (Attachment 10) – Provided for each California certified small business or DVBE Prime Contractor and/or subcontractor.

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 shall be rejected. Bidders are required to submit a minimum of two (2) complete paper sets and one (1) additional electronic copy on a 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-2627-03 for Specialty Gas Refill Services Contract Development Department of Toxic Substances Control Contracting Services Branch – 12th Floor P.O. Box 806 Sacramento, CA 95812-0806

IFB No. I-2627-03 for Specialty Gas Refill Services Contract Development Department of Toxic Substances Control Contracting Services Branch – 12th Floor 1001 I Street Sacramento, CA 95814

A. All bids shall include applicable documents identified in the Required Attachments Checklist (Attachment 1). 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 signed digitally) must bear an original signature, either electronically or by hand, of a person authorized to bind the bidding firm. DTSC accepts e-signatures on all forms.

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. 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, and on the following Internet site:

https://www.caleprocure.ca.gov/pages/index.aspx 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 https://www.caleprocure.ca.gov/pages/index.aspx 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-2627-03 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. 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.

C. 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.E., “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 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language 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.

D. 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.

E. 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.

F. 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, at its sole discretion, the following omitted and/or additional information may be collected by mail, facsimile, email, or other method:

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

ii. Data or documentation omitted from any submitted attachment or form.

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

iv. 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.

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. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA

The Proposer(s) awarded the contract must be in good standing and must be qualified to do business in California at the time the contract is executed and during the entire term of the contract.

F. DELINQUENT TAX OBLIGATIONS (PUBLIC CONTRACT CODE 10295.4)

During the IFB process, if a prospective Bidder appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code, the prospective Bidder’s submittal will be deemed nonresponsive and will not be considered.

G. 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).

H. 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.

https://www.dgs.ca.gov/Resources/SAM/TOC/4900/4986-2

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.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11549.64.&highlight=true&keyword=Generative%20Artificial%20Intelligence

15. ATTACHMENTS

ATTACHMENT 1: REQUIRED ATTACHMENTS CHECKLIST

A complete bid package will consist of all 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)

Bidders must describe or provide evidence and/or written documentation for any Minimum Qualifications listed in Section 7 above that must be referenced in the Cover Letter.

Attachment 1: Required Attachments Checklist

Attachment 2: Bid/Bidder Certification Sheet ☐ Must be signed by an individual authorized to legally bind the bidder.

Attachment 3: Bidder Cost Sheet

Attachment 4: Bidder References Form

Attachment 5: Darfur Contracting Act

Attachment 6: Bidder Declaration

Attachment 7: California Civil Rights Certification

Attachment 8 is information only. Attachment 9 is only required from bidders who wish to claim the Small Business bid preference points. Attachment 10 is required if Bidder is a SB or

DVBE and/or for every DVBE and SB listed on your Bidder Declaration (Attachment 6).

If the following are not applicable, place “N/A” next to each item not being submitted with the bid package

N/A Attachment 8: California Disabled Veteran Business Enterprise (DVBE) Contract Participation and Bid Incentive Instructions.

Attachment 9: Small Business Preference

Attachment 10: Commercially Useful Function Evaluation Form

ATTACHMENT 2: BID/BIDDER CERTIFICATION SHEET

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

Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Sheet.

All required attachments are included with this certification sheet.

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 Employer 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.

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

5 Check if your firm is a partnership. A partnership is a voluntary Agreement between two or more competent persons to place their money, 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.

6 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.

7 Enter your federal employee tax identification number.

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

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

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

10, 11, 12, 13

Complete these items as indicated.

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

ATTACHMENT 3: BIDDER COST SHEET

Section 1 - Bidder Cost Sheet Instructions

A. 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 general and administrative expenses and profit, overtime, storage, and overhead.

B. 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.

C. 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.

D. 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.

E. The award will be based upon the total unit rates for Parts A and B. The bid will be awarded to the lowest responsive/responsible bidder.

Section 2 - Bidder Cost Sheet

A. Specialty Gas Refill Services

Service FY 2026-2027 FY 2027-2028 FY 2028-2029

Liquid Argon Industrial Grade Cost per cubic foot (CCF)

Liquid Nitrogen Industrial Grade Cost per cubic foot (CCF)

Delivery Fee (Cost per delivery)

Hazardous Materials Fee

Telemetry Monitoring Fee (Cost per unit, per month)

Fuel Surcharge, B. On-Demand Repair/Maintenance Services for microbulk tank systems and laboratory piping system

Service FY 2026-2027 FY 2027-2028 FY 2028-2029

Repair/Maintenance Labor Rate (Cost per hour)

Travel On-Site (Cost per visit)

During the term of this contract, Contractor shall provide a written quotation at fair market value for any parts or consumables required for On-Demand Repair/Maintenance Services for microbulk tank systems and laboratory piping system. The DTSC Contract Manager shall ensure costs are fair and reasonable and approve the quote in writing before any work is performed. Parts and consumables costs shall not exceed $10,000.00 for the entire term of the contract.

ATTACHMENT 4: BIDDER REFERENCES FORM

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

List below three (3) references for services performed within the last five (5) years, which are similar to the scope of work to be performed in this Agreement.

REFERENCE 1

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

REFERENCE 2

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

REFERENCE 3

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

ATTACHMENT 5: 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 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 6: BIDDER DECLARATION

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

ATTACHMENT 7: CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS- ATTACHMENT.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.pdf

ATTACHMENT 8: CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CONTRACT

PARTICIPATION AND BID INCENTIVE INSTRUCTIONS (REVISION DATE 1-2022)

PLEASE READ THE REQUIREMENTS AND INSTRUCTIONS CAREFULLY BEFORE YOU

BEGIN.

AUTHORITY

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.61 et seq.

DVBE PARTICIPATION

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

DVBE INCENTIVE

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

INTRODUCTION

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

Information submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by 2 CCR §1896.91. Contractors found to be in violation of these provisions may be subject to suspension from doing business with the State of California, contract termination, civil penalties, and loss of State certifications.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified Disabled Veteran Business Enterprises (hereafter called “DVBE”) who will perform a commercially useful function (CUF) shall be used to satisfy the DVBE requirements. The term “DVBE contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of 2 CCR §1896.81, is certified in accordance with 2 CCR §1896.84, and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function as required in MVC §999(B). A certification signed under penalty perjury that the work performed by DVBE subcontractors serves a CUF is required from the bidder per MVC §999.10(a)(3). Bidders must also verify each DVBE subcontractor’s certification status with OSDS to ensure DVBE participation eligibility prior to submitting bids. A DVBE that is not certified at the time of award or does not meet and maintain certification cannot count towards an awarding department’s 3-percent goal. {MVC §999.5(c)}

COMMERCIALLY USEFUL FUNCTION DEFINITION

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

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

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

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

Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

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

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

DVBE SUBSTITUTION

Bidders must use the DVBE subcontractors or suppliers proposed in the bid. Any substitutions must be requested in writing to the awarding department and approved by both the awarding department and OSDS in writing prior to the commencement of any work by the proposed DVBE. The substitution must be to perform the same work and shall maintain the minimum level of DVBE participation stated in original bid. {MVC §999.5(g)}

DVBE SUBCONTRACTOR REPORTING

Bidders awarded a contract with a commitment to use DVBE subcontractors must certify, upon completion of contract, that all payments have been made to the DVBE subcontractors by submitting the Prime Contractor’s -DVBE Subcontracting Report (STD 817). For such contracts awarded on or after January 1, 2021, the department will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000 from prime contractors, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in the department permanently deducting $10,000 from the final payment or the full payment if less than $10,000. {MVC §999.7}

Prime contractor shall provide proof of payments made to DVBE subcontractors at the request of the department. The department shall keep all information provided by the prime contractor regarding the DVBE program requirements in the procurement file for six years. {MVC §999.55}

PLEASE READ ALL INSTRUCTIONS CAREFULLY

These instructions contain information about the DVBE program requirements, bidder responsibilities, and the DVBE Bid Incentive. Bidders are responsible for thorough review and compliance with these instructions.

To meet the DVBE program requirements, bidders must complete and fully document compliance with the following:

PARTICIPATION COMMITMENT

Bidders must commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2…