IFB_No._22-061-170_Salton_Sea_Laboratory_Services.pdf

State Water Resources Control Board

April 24, 2024 Invitation for Bid

IFB No. 23-061-170 Notice to Prospective Bidders

Prospective Bidders are invited to review and respond to the attached Invitation for Bid (IFB) No. 23-061-170 entitled, Salton Sea Laboratory Services for the State Water Resources Control Board (State Water Board) and the Colorado River Regional Water Quality Control Board (Regional Water Board), collectively referred to as Water Boards.

When preparing and submitting a bid, compliance with the instructions found herein is imperative.

Note: This was previously advertised as a Request For Proposal (RFP) but was changed to an Invitation for Bid (IFB) after conducting market research and careful consideration by the Water Boards.

All Agreements entered into with the State of California will include, by reference, General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at this Internet site:

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

If any prospective Bidder lacks Internet access, a hard copy of these items may be obtained by contacting the analyst noted below.

If a discrepancy occurs between the information in the advertisement and the information herein, the information in this notice and in the attached IFB shall take precedence.

Inquiries regarding the processing of this bid should be referred to Michelle Davis at ContractBidsGeneral@waterboards.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Thank you for your interest in the Water Board’s service needs.

Sincerely, Michelle Davis, Contract Analyst

IFB No. 23-061-170

Table of Contents

A. Purpose and Description of Services B. Time Schedule C. Agreement Term/Period of Performance D. Bidder Questions

1. What to Include in an Inquiry

2. How to Submit Questions

3. Question Deadline

E. Scope of Work F. Bidder Minimum Qualification Requirements G. Bid Format and Content Requirements

1. General Instructions

2. Bid Package Requirements

H. Electronic Submission of Bids I. Bid Opening J. Bid Requirements and Information

1. Nonresponsive Bids

2. Withdrawal and/or Resubmission of Bids

a. Submitting a Withdrawal Request

b. Bid Mistakes

c. Resubmitting a Bid Package

3. Evaluation and Selection

4. Agreement Award and Protests

a. Agreement Award

b. Settlement of Tie Bids

c. Protests

1) Who can Protest

2) Grounds for Protests

3) Protest Timelines

4) Submitting a Protest i

5. Disposition of Bids

6. Obtaining Copies of Bids

7. Verification of Bidder Information

8. Water Board Rights

a. IFB Corrections

b. Immaterial Bid Defects

c. Correction of Clerical or Mathematical Errors

d. Right to Remedy Errors

e. No Agreement Award or IFB Cancellation

K. Preference Programs

1. Small/Micro Business Preference

2. Non-Small Business Subcontractor Preference

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference

4. Target Area Contract Preference Act (TACPA) preference

5. Disabled Veteran Business Enterprise (DVBE) Participation

L. Americans with Disability Act (ADA) M. Agreement Terms and Conditions

1. Resolution of Differences Between IFB and Agreement Language N. Executive Order N-6-22 – Russian Sanctions O. Required Attachments P. Sample Agreement Forms / Exhibits ii

BID SUBMITTAL CHECKLIST

A complete Bid Package will consist of one (1) original bid package with original signatures of each item identified below. Place a check mark or “X” in the box corresponding to each item that you are submitting to the Water Boards. For your bid to be responsive, all required attachments detailed below must be returned. Bidders must comply with all requirements of this solicitation. Bidders must also provide this checklist as part of the bid package.

Attachment Attachment Name/Description Confirmed by Water Board

Yes No 1 Bid/Bidder Certification Sheet Yes

No

N/A 2 Bid Response Form N/A

Yes No 3 Cost Workbook Yes

No

Yes No 4 Bidder References Yes

No

Yes No 5

Resumes Respondent provides copy– No form attached.

Please label this attachment “Attachment 5: Resumé(s)”

Yes No

Yes No 6

Certified Agreement of TNI Accreditation or Compliance Please have the authorized person(s) sign, date, and return this form with proposal submission.

Yes No

Yes No 7

Certified Agreement for ELAP Accreditation Please have the authorized person(s) sign, date, and return this form with proposal submission.

Yes No

Yes No 8 Quality Assurance System Manual(s)

Respondent provides copy(ies)– No form attached.

Yes No

Yes No 9

Certified Agreement to Meet Programmatic Measurement Quality Objectives (MQOs), and Sample Handling, and Holding Times Requirements– Please have the authorized person(s) sign, date, and return this form with proposal submission.

Yes No

Yes No 10 Analyte List Workbook Yes

No

Yes No 11 Chemistry Data Delivery Demonstration. Proposer Provides email Confirmation labeled “Attachment 11: Chemistry Data Delivery Demonstration”.

Yes No

Yes No 12

Certified Agreement to Participate in External Audits of Laboratory Please have the authorized person(s) sign, date, and return this form with proposal submission

Yes No

Yes No 13 Payee Data Record (STD 204) Form Yes

No

(Informational attachment only)

Yes No 14

Contractor Certification Clauses (CCC-04/2017).

Page 1 must be signed and submitted.

Yes No

Yes No 15 Bidder Declaration (GSPD-05-105) Yes

No

Yes No 16 Darfur Contracting Act Yes

No

Yes No N/A

*Small Business Preference – If you are a certified Small Business (SB), include a copy of your SB certification 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

Yes No N/A

Yes No N/A

*Non-Small Business Preference - If your company is a non-SB claiming 25% California certified SB subcontractor participation, include copy(ies) of each subcontractor’s SB certification 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

Yes No N/A

Yes No N/A

19 Commercially Useful Functions Compliance Yes No N/A

Yes No 20

Business License / Business Operation Tax Certificate.

Proposer provides copy— No form attached.

Please label this attachment “Attachment [insert attachment number]:

Business License” with bid submission.

Yes No

Yes No N/A

*Target Area Contract Preference Act (TACPA) (STD 830 and DGS PD 526)– https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Request-a-Target-Area-Contract-Preference

Yes No N/A

Yes No N/A

**If required by law, Bidder must be on file and in good standing with the California Secretary of State. Provide a printout from the Secretary of State website or a copy of a Certificate of Good Standing

Yes No N/A

Yes No N/A

23 California Civil Rights Laws Certification Yes No N/A

*Indicate N/A if not applicable.

**Required Documents AFTER Contract Award. Failure to submit insurance documents will result in cancellation of contract award.

1. Insurance certificate. Please see Exhibit D for insurance certificate requirements. These must be submitted within 10 business days after notice Contract Award.

A. Purpose and Description of Services

The State Water Resource Control Board (Water Board), and Colorado River Regional Water Quality Control Board (collectively referred to as “Water Boards”) is soliciting bids from firms that are able to provide laboratory services to perform analyses of complex, saline water and sediment samples collected from the Salton Sea Species Conservation Habitat (SCH). Bidders must have the capabilities and qualifications to perform all of the services described in the IFB section entitled, “Scope of Work”.

The Water Board(s) intends to make a single Agreement award to the most responsive and responsible firm offering the lowest bid. This solicitation is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this solicitation. The Water Board(s) reserves the right to amend the time schedule based on the State’s needs.

IFB Available to Prospective Bidders On April 24, 2024 Questions Must be Submitted by May 1, 2024 at 3:00 PM PST

Question/Answer Summary Posted May 3, 2024 at 3:00 PM PST Bids Must be Received by May 14, 2024 at 3:00 PM PST Due Date to Request Bid Opening Link May 15, 2024 at 11:00 AM PST Bid Opening May 15, 2024 at 1:00 PM PST Anticipated Start Date of Agreement is Upon Approval

C. Agreement Term/Period of Performance

The anticipated term of the resulting Agreement is expected to be thirty-six (36) months and is anticipated to be effective from Upon Approval through June 30, 2026. The Agreement term may change if the Water Board(s) makes an award earlier than expected or if the Water Board(s) cannot execute the Agreement in a timely manner due to unforeseen delays.

The period of performance for this Agreement shall be as identified on the Agreement (STD 213). “Start Date” identifies when services may begin and “Through End Date” identifies when services must be completed.

The State, at its sole discretion, may amend this contract to exercise two (2) one-year optional extensions for a maximum Contract term of five (5) years at the originally agreed upon rates. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until written approval has been obtained from all entities. Any delivery or performance of service that is commenced prior to the signing of this Agreement or after the term of this Agreement has passed shall be considered voluntary on the part of the Contractor and non-compensable. If performance commences before all approvals are obtained, said services may be considered to have been voluntary and the Contractor may pursue a claim for payment by filing with the DGS’ Government Claims Program.

D. Bidder Questions

Immediately notify the Water Board if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions or requirements.

At its discretion, the Water Board reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or its accompanying materials or fail to seek clarification and/or correction of this IFB and/or its accompanying materials shall submit a bid at their own risk. In addition, if awarded the Agreement, the successful Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

1. What to Include in an Inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, e-mail address, area code and telephone number, and fax number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any.

2. How to Submit Questions

Submit questions or inquiries using the following method:

E-Mail:

Questions IFB 23-061-170 Division of Administrative Services Michelle Davis

ContractBidsGeneral@waterboards.ca.gov

Note: An autoreply will be generated from this inbox. This autoreply is proof of your question submission.

3. Question Deadline

Submit written questions and inquiries no later than the Date and Time as identified in the Time Schedule table located in Section B, “Time Schedule” of this solicitation. Questions submitted after this date will not be considered.

Notwithstanding the question submission deadline, the Water Board will accept questions or inquiries about IFB errors or irregularities up to the bid due date.

Direct all requests for DVBE assistance to:

DAS-SBDVBEAdvocate@waterboards.ca.gov

E. Scope of Work

See Exhibit A entitled, “Scope of Work” that is included in the Sample Agreement Forms and Exhibits Section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this solicitation.

F. Bidder Minimum Qualification Requirements

Failure to meet the following requirements by the bid due date will be grounds for the Water Board to deem a Bidder non-responsive. In submitting a bid, each Bidder must provide proof that it possesses the following qualification requirements:

1. The Proposing Firm must be currently accredited by a National Environmental Laboratory Accreditation Program (NELAP) recognized accreditation body by The National Environmental Laboratory Accreditation Conference (NELAC) Institute (TNI) 2016 Standards. A copy of the Proposing Firm’s certificate of accreditation indicating compliance with the 2016 TNI Standards must be submitted with the proposal response package. (Attachment 6, Certified Agreement of TNI Accreditation)

Subcontractors must be either (1) currently accredited by a NELAP recognized accreditation body by the TNI 2016 Standards or (2) currently compliant with the 2016 TNI Standards, but not yet TNI accredited. Evidence of TNI compliance will be included in the proposal response package in Attachment 6.

2. The Proposing Firm and Subcontractors must be accredited by the Environmental Laboratory Accreditation Program (ELAP) for the past two (2) years for the methods listed in bold within the Standard Methods and ELAP Fields of Accreditation (FOA) Tables, listed in Attachment 7. The Proposing Firm must have accreditation in at least two FOA Tables, including at least 10 method-analyte combinations. The remaining FOAs must be fulfilled by Subcontractors if the prime Contractor does not fulfill the requirements solely. If accreditation is under review for renewal, a letter from ELAP pre-approving an accreditation extension must accompany the Proposing Firm’s proposal; otherwise, the proposal will be disqualified. A copy of all Proposer, and Subcontractor certification(s) of accreditation must be submitted with the proposal package. Additionally, the Proposing Firm and any Subcontractor laboratories must certify a willingness to obtain new ELAP accreditations when requested by the Water Boards.

(Attachment 7, Certified Agreement of ELAP Accreditation).

The Proposing Firm may submit comparable methods for substitution of the bolded methods within Attachment 7 to meet the minimum qualification requirements. Proposed methods for substitution will be considered “comparable” if the proposed methods used by the Proposing Firm and the Subcontractors meet the following conditions:

a) The proposed substitution method can analyze for the same primary analyte(s) and the same fraction(s) of the original method, or a similar analyte list, if more than one (1) analyte is included, and

b) The proposed method can analyze the same matrix or matrices as the original method.

Multiple methods may be proposed for substitution of a single bolded method if the original method tests for multiple matrices or an analyte list that is not covered by a single substituted method. The Proposing Firm must provide copies of the ELAP-certified method submitted for substitution and should clearly indicate which bolded method the substituted method(s) have been submitted for.

3. The Proposing Firm and any Subcontractor laboratories must maintain a Quality Management System and associated documentation, which meets or exceeds requirements in the 2016 TNI Standards, and USEPA’s Quality Assurance Manual Specifications. A copy of the Proposing Firm’s and any Subcontractor laboratory’s quality assurance documents must be submitted with the proposal package (Attachment 8 - Quality Assurance System Manual(s)). The Proposing Firm must include within the Quality Assurance System Manuals detailed discussions of the quality assurance and quality control procedures used, the laboratory facilities and instrumentation, and qualifications and technical expertise of key staff. Discussion must include:

a) Policy statement and objectives of the laboratory Quality Assurance (QA) program

b) Personnel training

c) Analytical methodology (Standard Operating Procedures)

d) Laboratory records/tracking system

e) External QA data. (e.g., inter-laboratory check samples, round robin participation. Must include QC type, number and frequency)

f) Sample management (preparation, tracking, Chain of Custody (COC), storage)

g) Preventative maintenance of instruments and equipment. Must include equipment ID, type of maintenance, and schedule.

h) Type and definition of lab QC samples

i) Frequency of use of lab QC samples

j) Acceptance criteria

k) Corrective action procedures

l) Data review, validation and reporting

Quality Assurance System Manuals will be reviewed for the above elements to determine if the documents pass or fail this minimum requirement.

4. The Bidding Firm and any Subcontractor laboratories must certify ability to meet the Programmatic Sample Handling and Holding Times Requirements, and Programmatic Measurement Quality Objectives (MQOs) (SWAMP - MQO | California State Water Resources Control Board) for routine analyses as specified in Attachment 9, Certified Agreement to Meet Programmatic Minimum Quality Objectives and Sample Handling and Holding Times Requirements.

5. The Bidding Firm and any Subcontractor laboratories must report their current reporting levels for the analytes listed within the Analyte List Workbook, Attachment 10. The Bidding Firm and any Subcontractors must be able to currently perform a minimum of 90% of the analyses listed within Attachment 10, Analyte List Workbook. A copy of the completed workbook must be submitted with the proposal response package (Attachment 10, Analyte List Workbook).

The Bidding Firm and any Subcontractors may propose alternative methods than those identified within Attachment 3, Cost Workbook, to achieve lower reporting levels. Any proposed method substitutions to achieve lower reporting levels, must be fully appropriate for the applicable matrices and fraction and achieve the reporting levels indicated by the Bidding Firm and/or Subcontractors. The completed “Cost Workbook” must then quote the price for the method proposed to meet the lower reporting limit, and the proposed method should be noted in the “Remarks” column. Upon contract award, the selection of methods and modifications to those methods will be subject to the requirements under the Scope of Work, and the Certified Agreements of the proposal.

6. The Bidding Firm must prove ability to comply with the requirements of the Chemistry Data Delivery Standard Operating Procedures, Chemistry Data Delivery Template (CEDEN - California Environmental Data Exchange Network), and use of the online checker. As part of the bid package, the Bidding Firm must successfully submit example data through the Online Data Checker (CEDEN Data Checker) from the following Field of Accreditation Table:

Table 3 - Semi-volatile Organic Constituents in Non-Potable Water

Example data shall include one complete batch (twenty (20) environmental samples or less) of environmental water or sediment data analyzed within the last two (2) years from Table 3. Each batch must contain, in addition to the environmental samples, laboratory quality check samples where applicable and required by the method. Laboratory check samples include, but are not limited to:

laboratory control samples, laboratory duplicates, laboratory blanks, and surrogates.

Successful submission of data is defined as delivery of an error-free file via the CEDEN online data checker. Upon successful submission, the Bidding Firm will receive an e-mail from the CEDEN Help Desk (CEDEN@waterboards.ca.gov) indicating the file was successfully submitted. (Attachment 11, Chemistry Data

Delivery Demonstration)

7. The Bidding Firm must certify its participation in the Water Boards approved external audits of laboratory performance, at the Water Boards’ expense, by analyzing check samples of known composition per the Exhibit A, Scope of Work, Section 3.H. Check samples will be sent to the selected Bidder’s or Subcontractor’s laboratory as regular samples without prior notice. The analytical data should be within the method specified range. If the analytical data falls outside the specified range, appropriate action must be taken to correct deficiencies, a Corrective and Preventative Action Report (CPAR) must be submitted, and samples must be reanalyzed until acceptable analytical data and quality control check sample data is obtained. (Attachment 12, Certified Agreement to Participate in External Audits of Laboratory)

G. Bid Format and Content Requirements

1. General Instructions

a. Each individual or firm may submit only one bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one bid, the Water Board will reject all bids submitted by that firm or individual.

b. Develop bid by following all IFB instructions and or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood.

d. Submit bid via email in a timely manner by request due date as identified in the Time Schedule table located in Section B, “Time Schedule”

e. Do not wait until shortly before the bid submission deadline to submit the bid.

2. Bid Package Requirements

a. The Bid Submittal Checklist on page 1 specifies the order and content required for each bid.

b. Sign applicable IFB attachments/forms. Ensure that the person signing is legally authorized to sign on behalf of the bidding entity. Digital and/or electronic signatures are acceptable. The Water Boards may request documentation to show that the person signing is legally authorized to sign on behalf of the bidding firm.

c. When completing the attachments, follow the instructions on each attachment. Do not include supplemental information in your bid package or other materials that the Water Board has not requested in this solicitation.

d. Bid package must be complete with all required attachments and documentation.

e. When possible, use plain, white background with minimal graphics. This is to keep file size as minimal as possible due to limitations on email file sizes.

f. Ensure bid package is Americans with Disabilities Act (ADA) compliant to the extent practicable.

g. Bid package must be submitted as a single PDF, except for the Cost Sheet if advertised as an Excel Spreadsheet (if applicable).

h. Reduce PDF’s to smallest size before submitting.

i. After completing and signing the applicable attachments, assemble all items in the order shown on the Bid Submittal Checklist on page 1.

j. Bidders are cautioned to not rely on the Water Board during the evaluation to discover and report to the Bidder any defects and errors in the submitted documents. Before making submittals, Bidders should carefully proof all documents for errors and adherence to the IFB requirements.

H. Electronic Submission of Bids

Bids must be received by the bid due date and time listed in the Time Schedule table in Section B, “Time Schedule” of this solicitation. Bids received after this date and time will not be considered.

The completed bid response shall be submitted electronically by email as follows:

E-Mail

IFB 23-061-170

Division of Administrative Services Michelle Davis

ElectronicBidSubmission@waterboards.ca.gov

a. Only bids received to this mailbox will be considered. Bids shall not be sent to any other mailbox. In the event that a proposal is inadvertently sent to an incorrect mailbox, Proposers must take all appropriate corrective steps.

b. Zip files are acceptable and encouraged.

c. Email bid submissions should clearly identify the following in the Subject Line: IFB No.[Insert IFB No.]- [Company Name]

d. If multiple emails are required, they should be identified in the subject line as follows: 1 of 2 , 2 of 2 etc. i.e., IFB No. 23-061-170 (ABC Inc.) 1 of 2

e. Emails will not be opened by the Procurement Official until the required bid due date and time.

f. Once submitted, an autoreply from ElectronicBidSubmission@waterboards.ca.gov will be received. If you do not receive the autoreply, then your email was too large and not received by the Water Board(s). This autoreply shall serve as the only proof of receipt of the bid.

Note: Emails should not exceed one hundred fifty (150) megabytes (MB). The Water Board(s) mail server may automatically reject excessively large emails.

Bidders may submit multiple emails if file size exceeds the recommended one hundred fifty (150) MB. Links to files stored on the Internet (e.g., Google Drive, Dropbox, etc.) in lieu of attachments are not acceptable, and any documents stored at such links will not be retrieved. Zip files are acceptable and encouraged for submission.

Hard copy bids will not be accepted for this solicitation. However, if you require any reasonable accommodations, please direct requests to our general inbox: ContractBidsGeneral@waterboards.ca.gov.

I. Bid Opening

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read vis Zoom as identified in the Time Schedule table located in Section B, “Time Schedule”.

Bidders that would like to attend the Virtual Bid Opening must send an email to:

ContractBidsGeneral@waterboards.ca.gov by the deadline identified in the Time Schedule in Section B to receive a Zoom link to the virtual bid opening.

J. Bid Requirements and Information

1. Nonresponsive Bids

In addition to any condition previously indicated in this IFB, the following occurrences may cause the Water Board to deem a bid nonresponsive.

a. Failure of a Bidder to:

1) Meet DVBE participation goals, when required.

2) Meet bid format/content or submission requirements including the timely and proper delivery of proposal packages.

3) Submit all required documentation listed on the Bid Submittal Checklist.

b. If a Bidder submits:

1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind.

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

2) Price information that contradicts the price/cost figures on the Bid Form or submits cost information in a format contrary to the IFB instructions.

3) False, inaccurate or misleading information or falsely certifies compliance on any bid attachment.

c. If the Water Board discovers, at any stage of the bid process or upon Agreement award, that a Bidder is unwilling or unable to comply with the Agreement terms, conditions and exhibits cited in this IFB and/or the resulting Agreement.

d. If a Prospective Bidder has Delinquent Tax Obligations (Public Contract Code (PCC) section 10295.4)

During the bid 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.

e. If other irregularities occur in a bid response that are not specifically addressed herein (i.e., the Bidder places any conditions on performance of the scope of work, submits a counteroffer/proposal, etc.).

2. Withdrawal and/or Resubmission of Bids

All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn, and the Bidder may resubmit a new bid package prior to the Bid Submission deadline identified in the Time Schedule in Section B.

a. Submitting a Withdrawal Request

1) Submit a written withdrawal request, signed by an authorized representative of the Bidder.

2) Label and submit the withdrawal request using the following method:

Email

Withdrawal IFB 23-061-170 Michelle Davis

Email:

ContractBidsGeneral@waterboards.ca.gov

3) An original or copy of signed withdrawal request is required before the Water Board will return/release a bid package to a Bidder. The Water Board may grant an exception if the Bidder informs the Water Board that the Bidder will submit a new or replacement bid package immediately following the withdrawal.

b. Bid Mistakes

If prior to bid opening a Bidder discovers a mistake in a bid that renders the Bidder unable or unwilling to perform all scope of work services for the price/costs offered, the Bidder must immediately notify the Water Board and submit a written request to withdraw its bid following the procedures set forth above.

c. Resubmitting a Bid Package

After withdrawing a bid package, Bidders may resubmit a new bid package according to the submission instructions. Replacement bid packages must be received at the following email:

ElectronicBidSubmissions@waterboards.ca.gov by the due date and time specified in the Time Schedule in Section B.

3. Evaluation and Selection

This section describes, in general, the process that the Water Board will use to evaluate timely bid packages.

a. Bid Opening/Reading

All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read.

b. Bid Package Review

1) Shortly after the bid opening and reading, one or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation.

2) If deemed necessary by the Water Board, additional Bidder documentation may be collected to confirm the claims made by each Bidder and to ensure that each Bidder is responsive to all bid requirements.

3) If the materials submitted by a Bidder do not prove, support or substantiate the claims made on the Required Bid Submittal Checklist, the bid will be deemed nonresponsive and rejected from further consideration.

4) If applicable, the Water Board will adjust bid amounts for any claimed preference or incentive following confirmation of eligibility with the Department of General Services.

5) A “Notice of Intent to Award” will be sent out upon request or when the bid is not awarded to the lowest bidder.

6) The Water Board will e-mail a written “Notice of Award” to all firms that submitted a bid.

4. Agreement Award and Protests

a. Agreement Award

1) Award of the Agreement, if awarded, will be to the responsive and responsible Bidder that offers the lowest cost. The lowest cost will be determined after the Water Board adjusts Bidder costs for applicable preferences and incentives.

2) If the Agreement is not being awarded to the bidder offering the lowest cost, the Water Board will notify the low bidder at least five (5) working days prior to award that the Agreement is not being awarded to them.

3) The Water Board will confirm the Agreement award to the winning Bidder in writing via e-mail.

4) Upon written request from any bidder, or if award does not go to the lowest bidder, the Water Board will post a notice of the proposed Agreement award on Cal eProcure.

5) Steps to view Intent to Award:

· Click on link: https://www.waterboards.ca.gov/contracts/

· Click on Contract Number for IFB Number 23-061-170 to view Intent to

Award

6) The Intent to Award will be available to the public for five (5) days prior to confirming the Agreement award to the winning proposer if no protests are filed or following the Department of General Service’s resolution of all protests. The Water Board may confirm an award verbally, via e-mail, or in writing.

b. Settlement of Tie Bids

1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the DVBE Bidder per Government Code Section 14838(f) et seq.

2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the Agreement will be awarded to the certified small business or microbusiness.

3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the Agreement will be awarded to the certified DVBE.

4) In the absence of a California law or regulation governing a specific tie, the Water Board will settle all other tie bids in a manner the Water Board determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will the Water Board settle a tie by dividing the work among the tied Bidders.

c. Protests

1) Who can Protest

Any Bidder who submits a bid may file a protest if the Bidder believes its bid package is responsive to all IFB requirements and its bid is the lowest dollar bid.

2) Grounds for Protests

Protests are limited to the grounds described in PCC Section 10345. The Water Board will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of the Department of General Services (DGS).

3) Protest Timelines

a) Within five (5) calendar days after filing a “Notice of Intent to Protest,” the protestant must file with both the Water Board and the Department of General Services a full and complete written protest statement identifying the specific grounds for the protest. The statement must contain, in detail, the reasons, law, rule, regulation, or practice that the protestant believes the Water Boards have improperly applied in awarding the Agreement.

4) Submitting a Protest

A protest may be submitted to the appropriate agencies identified below.

Label, address, and submit an initial protest notice and/or a detailed protest statement using one method below.

State Water Resource Control Board (Water Board):

Protest to Water Board’s

IFB 23-061-170

State Water Resources Control Board, Michelle Davis, Contracts Unit

Email Address:

ContractBidsGeneral@waterboards.ca.gov Department of General Services (DGS) Hand Delivery, Mail, or Overnight Express Email:

Protest to Water Board’s

IFB 23-061-170

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95798-9052

Protest to Water Board’s

IFB 23-061-170

Dept. of General Services Office of Legal Services

Email Address:

OLSProtests@dgs.ca.gov

5. Disposition of Bids

a. All materials submitted in response to this IFB will become the property of the Water Board and, as such, are subject to the Public Records Act (GC Section 7920.00, et seq.). The Water Board will disregard any language purporting to render all or portions of any bid package confidential.

b. Upon making an award, all documents submitted in response to this IFB and all documents used in the selection process (e.g., review check lists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (G C Section 7920 et seq.) and shall be subject to review by the public.

6. Obtaining Copies of Bids

a. Any person or member of the public can inspect or obtain copies of bid materials.

b. Once bids are opened, all bids, Bidders list, conference sign-in/attendance sheet, check lists and/or evaluation sheets become public records.

c. Persons wishing to obtain copies of bid materials may email a written request to the Water Board office identified below. Submit request to:

Request for Copies - IFB 23-061-170 Michelle Davis

ContractBidsGeneral@waterboards.ca.gov

7. Verification of Bidder Information

By submitting a bid, Bidders agree to authorize the Water Board to:

a. Verify any and all claims made by the Bidder including, but not limited to verification of prior experience and the possession of other qualification requirements.

8. Water Board Rights

In addition to the rights discussed elsewhere in this IFB, the Water Board(s) reserves the rights listed below:

a. IFB Corrections

1) The Water Board reserves the right to do any of the following up to the bid submission deadline:

a) Modify any date or deadline appearing in this IFB or the IFB Time Schedule.

b) Issue clarification notices, addenda, alternate IFB instructions, forms, etc.

c) Waive any IFB requirement or instruction for all Bidders if the Water Board deems the requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by the Water Board, the Water Board may also waive any IFB requirement or instruction after the bid submission deadline.

d) Allow Bidders to submit questions about any IFB change, correction or addenda. If the Water Board allows such questions, specific instructions will appear in the cover letter accompanying the document.

2) If deemed necessary by the Water Board to remedy an IFB error or defect that is not detected in a timely manner, the Water Board may also issue correction notices or waive any unnecessary, erroneous, or unreasonable IFB requirement or instruction after the bid submission deadline.

3) If applicable, the Water Board will post on California’s Online Marketplace at https://caleprocure.ca.gov/pages/index.aspx clarification notices or addenda. Be sure to check this website often.

4) The Water Board at its sole discretion, reserves the right to collect, by mail, e-mail or other method, the following omitted and/or additional information:

a) Signed copies of any form submitted without a signature.

b) Data or documentation omitted from any submitted IFB attachment/form.

c) Information/material needed to clarify or confirm certifications or claims made by a Bidder.

d) Information/material or form needed to correct or remedy an immaterial defect in a bid package.

b. Immaterial Bid Defects

1) The Water Board may waive any immaterial defect in any bid package and allow the Bidder to remedy those defects. The Water Board reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) The Water Board’s waiver of an immaterial defect in a bid package shall in no way modify this IFB or excuse a Bidder from full compliance with all bid requirements.

c. Correction of Clerical or Mathematical Errors

1) The Water Board reserves the right, at its sole discretion, to overlook, correct or require a Bidder to remedy any obvious clerical or mathematical errors on a bid form.

2) If the correction of an error results in an increase or decrease in the total price, the Water Board shall give the Bidder the option to accept the corrected price or withdraw their bid.

3) Bidders may be required to initial corrections to costs and figures on the Bid Form if the correction results in an alteration of the cost(s) offered.

4) If a mathematical error occurs in a total or extended price and a unit price is present, the Water Board will use the unit price to settle the discrepancy.

d. Right to Remedy Errors

The Water Board(s) reserves the right to remedy errors caused by:

1) The Water Board’s office equipment malfunctions or negligence by agency staff.

2) Natural disasters (i.e., floods, fires, earthquakes, etc.).

e. No Agreement Award or IFB Cancellation

The issuance of this IFB does not constitute a commitment by the Water Board to award an Agreement. The Water Board reserves the right to reject all bids and to cancel this IFB if it is in the best interest of the Water Board to do so.

K. Preference Programs

To confirm the identity of the lowest responsive Bidder, the Water Board will adjust the total bid cost for applicable claimed preference(s). The Water Board will apply preference adjustments to eligible Bidders according to State regulations following verification of eligibility with the appropriate office of the Department of General Services (DGS).

1. Small/Micro Business Preference

a. A responsive California small/micro business or Bidder, certified in a relevant business category or type, will be granted a preference of five percent (5%) of the lowest responsive bid, if that bid is submitted by a non-small/micro business. Non-small business means a responsive/responsible Bidder that is not certified by the California Department of General Services as a small business or microbusiness. The “service” category is the business type that will most likely apply to this solicitation. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in provision 3 of this section (Preference Programs).

b. In granting small/micro business preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for a bidding preference, the California certified small business must perform a “commercially useful function” under the Agreement.

d. To be certified as a California small/micro business, the business concern must meet the State’s eligibility requirements and must have submitted an application for small/micro business status prior to the bid submission deadline.

e. Firms desiring small/micro business certification must obtain the Small Business Certification Application (i.e., STD 812 or other form) from the appropriate office of the Department of General Services, fully complete the application, and submit it to the Department of General Services as instructed in the application. Prospective bidding firms desiring small business certification assistance, may contact DGS by the following means:

1) (916) 322-5060 (24 hour recording and mail requests),

2) (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator-Central receptionist), or

3) Internet address: http://www.pd.dgs.ca.gov/smbus/default.htm or

4) Fax: (916) 375-4950, or

5) Email: osdshelp@dgs.ca.gov

2. Non-Small Business Subcontractor Preference

a. Non-small business means a Bidder that is not certified by DGS as a small business or microbusiness.

b. If the tentative low Bidder is not a certified DVBE or small/micro business, a bid preference of five percent (5%) is available to a responsive non-small business claiming twenty-five percent (25%) small business subcontractor participation with one or more small businesses. This preference is authorized pursuant to California Code of Regulations, title 2, section 1896.2 and Government Code section 14835.

c. If a Bidder claims the non-small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty-five percent (25%) of the total bid price or cost offered.

d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General Services, must perform a “commercially useful function” under the Agreement and the basic functions to be performed must be identified at the time of bidding.

e. In granting the non-small business subcontractor preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

f. Complete the Non-Small Business Subcontractor Preference Request and Small Business Subcontractor Supplier Acknowledgement to request the non-small business subcontractor preference.

g. Any firm that is granted the Non-Small Business Subcontractor preference cannot displace an award to a certified small business.

3. Nonprofit Veteran Service Agency (NVSA) Small Business Preference

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/microbusiness preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a Bidder not certified as a small business/microbusiness. The “service” category is the business type that will most likely apply to this solicitation.

b. In granting small business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder.

c. To be eligible for the NVSA small business preference, the business concern must:

1) Request preference at the time of bid submission, and

2) Become certified as a small business or micro business by the appropriate office of the DGS prior to the bid submission due date.

4. Target Area Contract Preference Act (TACPA) preference

a. This solicitation provides for the optional TACPA preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

b. The TACPA workplace and workforce preferences will be evaluated for this solicitation. California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request a Target Area Contract Preference (ca.gov)

c. Government Code (GC) section 4530-4535.3 provides that California based companies shall be granted a 5% preference, not to exceed a maximum of $50,000, whenever a state agency prepares a solicitation for services in excess of $100,000. The preference shall apply if the worksite is not fixed by the government agency and the company can demonstrate and certify, under the penalty of perjury, that at least 90 percent of the total labor hours required to perform the services Agreement shall be performed at an identified worksite located in a distressed area (TACPA). TACPA preference will only be applied if this solicitation results in more than one responsive bid.

d. Additional work force preferences ranging from 1% to 4% can be earned by eligible Bidders that agree to hire 5% to 20% of persons with a high risk of unemployment or those living in a targeted employment area eligible to perform a specified percentage of the Agreement work.

e. The granting of TACPA preference cannot displace an award to a certified small business.

f. Proposers seeking to obtain a TACPA preference must submit the following completed documents with their bid:

1) A completed STD 830 -Target Area Contract Preference Act Request (Attachment XX) with the proposal. The preference request form must include the following:

· All appropriate certifications;

· The bidding firm’s name and the name of all suppliers and subcontractors that will work with the Bidder to fulfill the terms of the Agreement along with the addresses of each of the worksite(s) and estimated labor hours;

· County census tract number and block group number;

· Bidder’s original signature; and

· The Bidder must indicate if seeking the additional 1 to 4 percent preference available for hiring persons with a high risk of unemployment, by checking the appropriate box on the preference request form.

2) A completed Form DGS PD 526— Bidder’s Summary (Contract Activities and Labor Hours)

g. TACPA preference cannot be claimed or granted if:

1) The lowest responsive bid does not equal or exceed $100,000 for the entire term, or

2) The work site or any part thereof is fixed or preset by the State, or

3) The services involve construction or a public works project.

h. A Bidder who has claimed a TACPA preference and is awarded the Agreement will be obligated to perform in accordance with the preference requested, provided the preference was granted in obtaining the Agreement.

Firms receiving preference must:

1) Report their labor hours to the State and

2) Reference the State Agreement on which the award is based for the specific reporting requirements.

i. Bidders wishing to learn more about TACPA requirements, designated work site(s) in California should contact the appropriate office of DGS at (916) 375- 4940. DGS will attempt to determine TACPA eligibility within two working days.

j. Any firm that is granted the TACPA preference cannot displace an award to a certified small business.

5. Disabled Veteran Business Enterprise (DVBE) Participation

In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to Bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPS-05-105 and confirmed by the State. The incentive amount for awards based on low price is as follows:

Confirmed DVBE Participation of: DVBE Incentive:

5% and over 5% 4% to 4.99 inclusive 4% 3% to 3.99 inclusive 3% 2% to 2.99 inclusive 2% 1% to 1.99 inclusive 1%

To confirm the identity of the lowest responsive Bidder, the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the No. 1 ranked responsive, responsible bid is a California certified small business, the only Bidders eligible for an incentive will be California certified small businesses.

L. Americans with Disability Act (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the State to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities.