IFB_P15-0961.pdf

CDFA Administrative Services ● 1220 N Street, Suite 115 ● Sacramento, California 95814 State of California

Telephone: 916.654.0808 ● Fax: 916.654.0395 ● www.cdfa.ca.gov Edmund G. Brown Jr., Governor

April 19, 2016

INVITATION FOR BID

NOTICE TO PROSPECTIVE BIDDERS

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions and requirements found herein.

In the opinion of the California Department of Food and Agriculture, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please contact the person listed below.

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

Questions regarding this IFB must be submitted to Christina Hernandez at Christina.hernandez@cdfa.ca.gov. Submissions are due no later than April 26, 2016 at 3:00 PM.

Questions submitted will be answered via an addendum.

Christina Hernandez, Purchasing Analyst Acquisitions Office Departmental Services Branch Administrative Services

(916) 403-6514 Christina.hernandez@cdfa.ca.gov

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB # P15-0961

Torula Yeast Pellets for McPhail Traps

1. Bid Specifications:

BACKGROUND AND GENERAL INFORMATION

Fruit flies, in particular Mediterranean (Medfly) and Mexican (Mexfly) fruit flies, are some of the most serious exotic plant pests threatening United States agriculture.

Torula yeast pellets are used to capture certain species of exotic fruit flies of concern to the U.S.

agriculture. The torula yeast pellets is a primary detection tool used to delimit, survey the extent of the Mexfly infestation, and to manage introduced fruit fly populations. Without these torula yeast baits, defining the infestation might not be possible. The ultimate cost to live with these pests to the United States, the United States Department of Agriculture and the citrus industry could exceed millions of dollars if not eradicated or managed.

GOVERNMENT SAMPLING AND QUALITY ASSURANCE OF TORULA YEAST PELLETS

ANALYTICAL METHODS

The torula yeast will be kilned dried yeast rendered inactive, non-viable and incapable of growth in any microbiological growth medium. The torula yeast will be Type B strain with the following parameters:

Percent Protein (N X 6.5) 45.0 Minimum Non-protein N average 0.3 – 0.5 Minerals (ash) 7.0 – 7.8 Fiber (AOAC) 0.4 – 0.5 Carbohydrates 25 – 30 Moisture 4.5; 7.0 Maximum

Microbiological/Chemical parameters Unite Forming Colonies/gram Method Reference Viable yeast <10 FDA-BAM, 8th ed.

Fungus 50 FDA-BAM, 8th ed Total bacteria 10,000 Coliform <3 AOAC 966.23 Fecal coliform Negative CMMEF, 3rd ed.

Salmonella Negative AOAC 967.26

Weight, Solubility and Breakage Point Parameters

Weight: The pellets will consist of 45% torula yeast (inactive, Type B) and 55% dry borax decahydrate by weight (2.25 grams torula yeast: 2.50 grams 10M standard technical grade borax decahydrate) pressed into pellet that will weigh 5 grams +/- 0.5 grams.

Solubility: Dissolve at a rate of one pellet per 100 ml (or 3 pellets/300 ml) of cold tap water within 1 hour.

Breakage Point: Using a Schleuniger Tablet Hardness Tester or a similar device, the pellets will break when a force of 7-12 kiloponds is applied.

PACKAGING AND LABELING

1. The Purchase Order Contract Number shall be placed on all exterior mailing or shipping labels of deliverable items.

2. Contents

3. Weight of Contents

4. Storage Instructions

5. Manufacturer’s Name and Logo

6. Date of Production

7. Lot/Batch Number

The pellets will be packaged in durable crush-proof drums for shipment of 25 but no more than 50 pounds to prevent breakage during transit, storage and normal handling. Each drum will have a moisture-proof plastic lining and will include a prepackaged desiccant approved for use in food products. Excessive breakage of the yeast pellets will result in rejection of the product by California Department of Food and Agriculture (CDFA).

Each shipment will have a Certificate of Analysis for conformance to specifications.

ACCEPTANCE OR REJECTION OF PRODUCT BY CDFA

The yeast pellets will be accepted by CDFA upon delivery. Within 60 calendar days after receipt of the Torula yeast pellets, CDFA will complete a chemical and biological assay of the insect attractant to determine if the pellets meet the specifications stated above.

The United States Department of Agriculture (USDA) shall conduct the biological assay on a sample of Torula yeast/borax pellets when test sample has passed all analytical methods (parameters) from each batch/lot to ensure pellet efficacy deemed satisfactory and to ensure suitability for use in USDA/CDFA survey trapping programs. Guidelines for field evaluation of pellet candidates have been developed and accepted by the United States National Fruit Fly Trapping Committee to use for testing traps and/or baits, including analysis, prior to acceptance for program utilization.

If the yeast pellets fail to meet the specifications and are, therefore, rejected by CDFA, the entire shipment will be returned to the vendor (shipping cost to be incurred by vendor). The vendor will have 60 days to either replace the shipment with a new formulated or reprocessed lot. Failure of either the chemical or biological assay of the replacement pellets will result in forfeiture of the purchase order.

The contractor shall guarantee product quality for full compliance with contract specification, terms and conditions for one full year from the date of acceptance.

Payment will be made upon successful completion of chemical and biological assay.

SHIPPING AND BILLING INFORMATION

California Department of Food and Agriculture Pest Detection/Emergency Projects 2423 E. Winston Rd.

Anaheim, CA 92806 CONTACT PERSON: Adrian Gonzales

(714) 520-6866

Hours of Operation: 7:00 am to 5:00 pm, closed for lunch (12 to 1pm) Monday through Thursday.

DELIVERY SCHEDULE:

7,500 pounds must be delivered by May 10, 2016 Remaining 7,500 must be delivered by June 30, 2016

2. Bidder Minimum Qualifications

The contractor, subcontractor, or supplier shall perform a commercially useful function relevant to this solicitation and provide services or goods that contribute to the fulfillment of the bid requirements.

To be considered the contractor, subcontractor, or supplier must meet the following criteria:

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

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.

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 through solely to be qualified to submit a proposal or awarded the contract.

3. Bid Requirements and Information

A. Key Action Dates

It is recognized that time is of the essence. All bidders submitting bids are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

IFB available to prospective bidders ............................................................. 4/19/2016

Written questions must be received by 3:00 PM ............................................ 4/26/2016

Sealed bids must be received no later than 3:00 PM ....................................... 5/2/2016

Bid Opening ..................................................................................................... 5/2/2016

Notice of Proposed Award Date to occur 1-5 work days after “Bid Opening”

CDFA assumes no responsibility for bids not received by the bid due date at the specified location.

B. Submission of Bid

1. All bids must be submitted under sealed cover and sent to CDFA by date and time shown in the above key action dates. The sealed cover must be plainly marked with the IFB NUMBER AND TITLE, your firm’s name and address, and must be marked with "DO NOT OPEN." Bids not submitted under sealed cover may be rejected.

2. Mail or deliver bids to the following address:

Postal Delivery/Hand Delivery California Department of Food and Agriculture Acquisitions Office 1220 N Street, Room 115 Sacramento, CA 95814

3. All bids shall include the documents identified in the Attachment Required Documents on

Page 7 of this IFB. Bids not including the proper required documentation shall be deemed non-responsive and shall be rejected. A non-responsive bid is one that does not meet the basic bid requirements.

C. Evaluation and Selection

1. 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.

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

3. Award, if made, will be to the lowest responsive and responsible bid.

4. If more than one item is specified in this solicitation, the lowest responsible bidder will be determined based on all or nothing basis.

D. Preference Programs and Participation Requirements

Information, requirements and forms for the preference programs listed below can be found at the Internet web sites listed.

Note: These documents may not be required in all bid packages. Refer to Attachment Required

Documents for documentation required by this IFB.

1. Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a bid on a state contract. You must provide a copy of the official Certification letter along with your bid.

For information on small business and microbusiness certification benefits refer to the following DGS Website – http://www.pd.dgs.ca.gov/smbs/sbpref.htm

2. Target Area Contract Preference Act (TACPA) – www.pd.dgs.ca.gov/edip/tacpa.htm

3. Disabled Veteran Business Enterprise (DVBE)

4. DVBE Bid Incentive

Please look carefully at box (a) in this section. If the box is checked you must respond accordingly to the instructions in this section for your bid to be considered responsive.

a. Full Participation Requirements

This IFB has full participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of 3 (three) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the 3 (three) percent goal will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

(GOOD FAITH EFFORT IS NOT AN OPTION TO MEET THE DVBE PARTICIPATION GOAL.)

If for this agreement contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified http://www.pd.dgs.ca.gov/smbs/sbpref.htm http://www.pd.dgs.ca.gov/edip/tacpa.htm in their bid or offer, per Military and Veterans Code 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

5. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable.

Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled content requirements are outlined in Attachment F. Therefore, if two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. A Recycled Content Certification Form (CIWMB 74C) is provided in Attachment F for this purpose. Additional information regarding this program can be obtained at the following web site:

http://www.ciwmb.ca.gov/BuyRecycled/StateAgency/Certify.htm.

http://www.ciwmb.ca.gov/BuyRecycled/StateAgency/Certify.htm

REQUIRED DOCUMENTS

The following documentation must be submitted for your bid to be considered responsive.

Attachment A, Bid Form

Attachment B, Specification Compliance Questionnaire

Attachment C, Contract Certification Clauses – CCC - 307

Attachment D, STD. 843 Disabled Veteran Business Enterprise Declarations and GSPD-05-105 Bidder Declaration

Attachment E, Commercially Useful Function

Attachment F, Recycling Content Certification

Attachment G, Darfur Contracting Act

If claiming "Small Business Certification" please attach certification

If applicable, California Sellers Permit/Certificate of Registration

Attachment A

BID FORM

Responses must be received by the Purchasing Unit before 3:00 PM on May 2, 2016

BID DUE DATE

May 2, 2016

SOLICITATION NO.

IFB No. P15-0961

SUPPLIER NAME AND ADDRESS SUBMIT BID TO:

DEPARTMENT OF FOOD AND AGRICULTURE

ACQUISITIONS Office – Purchasing Unit

1220 N STREET, ROOM 115

SACRAMENTO, CA 95814

CONTACT PERSON:

FOR IFORMATION, CONTACT:

Christina Hernandez @ (916) 403-6514 Christina.hernandez@cdfa.ca.gov

TITLE:

DELIVERY LOCATION:

Dept. of Food and Agriculture 2423 E. Winston Road Anaheim, CA 92806

SIGNATURE:

DELIVERY SHALL BE FOB DESTINATION UNLESS BIDDER

STATES OTHERWISE

TELEPHONE and FAX NUMBER:

DELIVERY TIME: _______ DAYS ARO

FEDERAL TAX IDENTIFICATION NUMBER:

_____% CASH DISCOUNT FOR PAYMENT WITHIN _____ DAYS.

(SEE REQUIRED PAYMENT DATE OF THE GENERAL PROVISIONS

PARAGRAPH 30.)

Federally Excluded Parties List (FEPL): Is this procurement being part or fully funded by federal funds? No Yes If yes, you must provide your Data Universal Numbering System (DUNS) number. If your company is on the FEPL you may not be awarded the contract. If you do not have a DUNS number and would like to participate in this solicitation, please go to the following link for more information http://fedgov.dnb.com/webform or call 866-705-5711.

DUNS Number:__________________________

By signing above, the bidder agrees to comply with the terms and conditions of the General Provisions GSPD-401 (effective 6/08/2010), which are available at http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf

Bidders must comply with the Bidder Instructions GSPD-451 (Revised 11/09/2011), which are available at http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

ITEM

NO.

QTY

UNIT

DESCRIPTION

UNIT PRICE

EXTENSION

1.

15,000

Pounds

Torula Yeast Pellets (Packaged in 50 lb. fireboard drums with a moisture proof plastic lining).

(PER ATTACHED SPECIFICATIONS)

TOTAL BID COST:

http://fedgov.dnb.com/webform http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

Attachment B

SPECIFICATION COMPLIANCE

QUESTIONNAIRE

The bidder must indicate below if the product or products offered on this bid complies in all respects with the specifications included in this solicitation.

YES _____ NO ______

If the bidder has indicated that the product offered does not comply in all respects with the attached specifications, bidder is to list below, in detail, any and all deviations.

LIST DEVIATIONS:

*NO DEVIATIONS ALLOWED*

Attachment C

CCC-307 – CONTRACTOR CERTIFICATION CLAUSES

CERTIFICATION

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

State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

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

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-

Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

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

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

1) the dangers of drug abuse in the workplace;

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

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

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

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

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

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

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

§8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract

Code §10296) (Not applicable to public entities.)

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

Professions Code, effective January 1, 2003.

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

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

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and

10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of

Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

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

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

DOING BUSINESS WITH THE STATE OF CALIFORNIA

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

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

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

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

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

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

http://www.dir.ca.gov/

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

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

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this

Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem.

(Pub. Contract Code §10430 (e))

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

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

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

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

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

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

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

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

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section

13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

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

STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Attachment D

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS

STD. 843 (Rev. 5/2006)

Instructions: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

Section 1

Name of certified DVBE: __________________________________________ DVBE Ref. Number: _________________

Description (materials/supplies/services/equipment proposed): _______________________________________________

Solicitation/Contract Number: ________________________________ SCPRS Ref. Number: ____________________

(FOR STATE USE ONLY)

Section 2

APPLIES TO ALL DVBE’s. Check only one box in Section 2 and provide original signatures.

I (we) declare that the DVBE is not a broker or agent, as defined in Military and Veterans Code Section 999.2 (b), of materials, supplies, services or equipment listed above. Also complete Section 3 below if renting equipment.

Pursuant to Military and Veterans Code Section 999.2 (f), I (we) declare that the DVBE is a broker or agent for the principal(s) listed below or on an attached sheet(s). (Pursuant to Military and Veterans Code 999.2 (e), State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent DVBE participation goal).

All DV owners and managers of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):

(Printed Name of DV Owner/Manager) (Signature of DV Owner/Manager) (Date Signed)

(Printed Name of DV Owner/Manager) (Signature of DV Owner/Manager) (Date Signed)

Firm/Principal for whom the DVBE is acting as a broker or agent: _____________________________________________ (If more than one firm, list on extra sheets) (Print or Type Name)

Firm/Principal Phone: ___________________ Address: __________________________________________________

Section 3

APPLIES TO ALL DVBEs THAT RENT EQUIPMENT AND DECLARE THE DVBE IS NOT A BROKER.

Pursuant to Military and Veterans Code Section 999.2 (c), (d) and (g), I am (we are) the DV(s) with at least 51% ownership of the DVBE, or a DV manager(s) of the DVBE. The DVBE maintains certification requirements in accordance with Military and Veterans Code Section 999 et. seq.

The undersigned owner(s) own(s) at least 51% of the quantity and value of each piece of equipment that will be rented for use in the contract identified above. I (we), the DV owners of the equipment submitted to the administering agency my (our) personal federal tax return(s) at time of certification and annually thereafter as defined in Military and Veterans Code 999.2, subsections (c) and (g). Failure by the disabled veteran equipment owner(s) to submit their personal federal tax return(s) to the administering agency as defined in Military Veterans Code 999.2, subsections (c) and (g), will result in the DVBE being deemed an equipment broker.

Disabled Veteran Owner(s) of the DVBE (attach additional pages with signature blocks for each person to sign):

(Printed Name) (Signature) (Date Signed)

(Address of Owner) (Telephone) (Tax Identification Number of Owner)

Disabled Veteran Manager(s) of the DVBE (attach additional pages with signature blocks for each person to sign):

(Printed Name of DV Manager) (Signature of DV Manager) (Date Signed)

State of California—Department of General Services, Procurement Division

GSPD–05–105 (EST 08/09) Solicitation Number_____________________

BIDDER DECLARATION

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

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

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

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___

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

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

Subcontractor Name, Contact Person, Phone Number & Fax Number

Subcontractor Address & Email

CA Certification (MB, SB, DVBE or None)

Work performed or goods provided for this contract

Corresponding % of bid price

Good standing?

51 % of rental?

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

Page_____ of _____

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions BIDDER DECLARATION Instructions

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

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

• Microbusiness (MB)

• Small Business (SB)

• Nonprofit Veteran Service Agency (NVSA)

• Disabled Veteran Business Enterprise (DVBE)

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors. Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

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

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

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

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

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

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

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

Column Labels

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

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

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website (www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

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

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

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

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

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

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

Enter “N/A” if the:

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

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

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

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

Read the certification at the bottom of the page and complete the “Page __ of __” accordingly.

Attachment E

COMMERCIALLY USEFUL FUNCTION (CUF)

Instructions

On January 1, 2004, Chapter 623, Statutes of 2003, became effective and requires all certified Small Businesses (SB), Microbusinesses (MB) and/or Disabled Veteran Business Enterprises (DVBE) to perform a commercially useful function (CUF) in any contract with the State.

A business performing a CUF is one that does all five (5) of the following functions:

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

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

3. Performs work that is normal for its business, services and function.

4. 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.

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

A certified SB, MB and/or DVBE contractor, subcontractor or supplier will not be considered to perform a CUF if the contractor’s, subcontractors’ or suppliers’ 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 certified SB, MB or DVBE participation, and will result in elimination of consideration for award.

If, as the prime contractor, you declare your business is a certified SB, MB and/or DVBE, please fill out the enclosed Commercially Useful Function (CUF) Statement.

The information your business provides will be critical in determining whether or not your business will be considered for award. Please return the completed forms with your bid/proposal package. Failure to provide the information required, will result in the decision that your business is non-responsive in complying with the submission of proposal documents outlined in the solicitation.

Attachment E

Commercially Useful Function (CUF) Statement Solicitation/Contract Number: ________________

All certified Small Businesses (SB), Micro Businesses (MB), Disabled Veteran Business Enterprises (DVBE), subcontractors or suppliers must meet the CUF requirements under Government Code Section 14837(d)(4) and/or

Military and Veterans Code Section 999(b)(5)(B).

Prime Contractor Information

1. Prime Contractor Name:___________________________________________________

2. Provide current certification(s) and number(s); and answer the following questions:

SB #__________ MB #__________ DVBE #__________ None______

1 Will your business be responsible for the execution of a distinct element of the resulting State contract?

Yes/No

2 Will your business carry out the obligation by actually performing, managing or supervising the work involved?

Yes/No

3 Will your business perform work that is normal for your business, services and function?

Yes/No

4 Will your business be 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.

Yes/No

5 Explain how your business will not further subcontract a portion of the work that is greater than that expected to be subcontracted by normal industry practices:

3. Indicate the distinct element of work your company will perform.

Work to be Performed and Materials to be Provided

(Please be specific, especially if managing or supervising work)

A. Subcontractor Information: Will subcontractor(s) be used for this contract? Yes:_____ No:_____

If YES, please identify all subcontractors on the Bidder Declaration, Form GSPD-05-105 (Rev 08/09).

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the CUF statement above. This certification is made under the laws of the State of California.

(Authorized Signature) Date

(Printed Name and Title)

Attachment F

STATE OF CALIFORNIA

Department of Resources Recycling and Recovery (CalRecycle)

To be completed by the State agency

CalRecycle 74 (Revised 01/10 for State Agencies) State Agency:

Postconsumer-Content Certification

Purchasing Agent: PO #:

Phone: E-mail:

The State Agency Buy Recycled Campaign (SABRC) is a state mandated program that requires the reporting of all purchases made within 11 specified product categories. All state agencies are required to verify the recycled-content of all products purchased within each of these categories.

All businesses shall certify in writing to the contracting officer or his or her representative the minimum percentage, if not exact percentage, of postconsumer recycled-content (PCRC) material in the products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the minimum content requirements specified in law (see reverse side). The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material. A State agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet website.

Contractor/Company

Name_________________________________________________________________________________ Address_____________________________________________________________________Phone________

Purchase Order #

RFQ #

RFP #

IFB #

Cal Card Order #

Item #

Product or Services Description 1Percent

Postconsumer

Recycled-

Content

Material

2SABRC

Product

Category

Code

M e e ts S

A B

R C

Public Contract Code sections 12205 (a) (1), (2), (3) and (b) (1), (2), and (3)

Pursuant to Public Contract Code 12205(a)(1), I certify under penalty of perjury under the laws of the State of California that the above information is true and correct.

Print Name Signature Title Date

FOOTNOTES: Attachment F

1. “Postconsumer recycled-content material” is defined as products that were bought, used, and recycled by consumers. For example, a newspaper that has been purchased, recycled, and used to make another product would be considered postconsumer material.

2. “Product category” refers to one of the categories listed below, into which the reportable purchase is best placed.

3. If the product does not belong in any of the product categories, enter “N/A.” Common “N/A” products include wood products, natural textiles, aggregate, concrete, and electronics such as computers, TV, software on a disk or CD, and telephones.

4. Reused or refurbished products, there is no minimum content requirement. (PCC 12209 (l))

C o d e

Product Categories Product Examples Minimum Postconsumer Content Requirement

Examples are inclusive but are not limited to the individual product.

1 Paper Products Paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugated boxes, tissue, and toweling.

30 percent by fiber weight postconsumer fiber.

2 Printing and Writing Papers Copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.

30 percent by fiber weight postconsumer fiber.

3 Mulch, Compost, and Co-compost Products

Soil amendments, erosion controls, soil toppings, ground covers, weed suppressants, and organic materials used for water conservation; yard trimmings and wood byproducts that are separated from the municipal solid waste stream or other source of organic materials such as biosolids or other comparable substitutes such as livestock, horse, or other animal manure, food residues or fish processing byproducts;

mechanical breakdown of materials.

80 percent recovered material that would otherwise be normally disposed of in a landfill.

4 Glass Products Windows, test tubes, beakers, laboratory or hospital supplies, fiberglass (insulation), reflective beads, tiles, construction blocks, desktop accessories, flat glass sheets, loose-grain abrasives, deburring media, liquid filter media, and containers.

10 percent postconsumer, by weight.

5 Lubricating Oils Intended for use in a crankcase, transmission, engine, power steering, gearbox, differential chainsaw, transformer dielectric, fluid, cutting, hydraulic, industrial, or automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine.

70 percent re-refined base oil.

a

Plastic Products Printer or duplication cartridges, diskette, carpet, office products, plastic lumber, buckets, wastebaskets, containers, benches, tables, fencing, clothing, mats, packaging, signs, posts, binders, sheet, buckets, building products, garden hose, and trays.

10 percent postconsumer, by weight.

b

Printer or Duplication Cartridges

a. Have 10 percent postconsumer material, or

b. Are purchased as remanufactured, or

c. Are backed by a vendor-offered program that will take back the printer cartridge after their useful life and ensure that the cartridge is recycled and comply with the definition of recycled as set forth in section Public Contract Code 12156.

7 Paint Water-based paint, graffiti abatement, interior and exterior, and maintenance. 50 percent postconsumer paint (exceptions when 50 percent postconsumer content is not available or is restricted by a local air quality management district, then 10 percent postconsumer content may be substituted).

8 Antifreeze Recycled antifreeze, and antifreeze containing a bittering agent or made from polypropylene or other similar non-toxic substance.

70 percent postconsumer material.

9 Tires Truck and bus tires, and those used on fleet vehicles and passenger cars. Retreaded: Must use an existing casing that has undergone retreading or recapping process in accordance with Public Resource Code (commencing with section 42400).

Tire- Derived Products Flooring, mats, wheelchair ramps, playground cover, parking bumpers, bullet traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties, road surfacing, wheel chocks, rollers, traffic control products, mudflaps, and posts.

50 percent recycled used tires.

Metal Staplers, paper clips, steel furniture, desks, pedestals, scissors, jacks, rebar, pipe, plumbing fixtures, chairs, ladders, file cabinets, shelving, containers, lockers, sheet metal, girders, building and construction products, bridges, braces, nails, and screws.

10 percent postconsumer material, by weight.

For additional information, please visit www.calrecycle.ca.gov/BuyRecycled/StateAgency/ http://www.calrecycle.ca.gov/BuyRecycled/StateAgency/

Attachment G

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the

United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United

States, in order to be eligible to submit…