IFB_P2420011_Hazardous_Waste_CleanUp_Solicitation_Package.pdf

State of California – Natural Resources Agency GAVIN NEWSOM, Governor

DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director

Director’s Office P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov

Conserving California’s Wildlife Since 1870

INVITATION FOR BID

Notice to Prospective Bidders

February 21, 2025

IFB Number and Name: IFB P2420011, Hazardous Waste Clean-Up Bid Due Date: March 21, 2025 at 4:00pm (PT)

The California Department of Fish and Wildlife (CDFW) invites you to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions set forth within this IFB.

All agreements entered into with the State of California will include by reference General Terms and Conditions (04/2017) and Contractor Certification Clauses (04/2017) that may be viewed and downloaded at:

General Terms and Conditions (GTC 04/2017) Contractor Certification Clauses (CCC 04/2017)

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the California Department of Fish and Wildlife, this IFB is complete and without need of explanation. However, if you have questions, or need any clarifying information, the contact person for this IFB is:

Jillian Harris

California Department of Fish and Wildlife P.O. Box 944209

Sacramento, CA 94244-2090 Jillian.Harris@wildlife.ca.gov

Submit all questions to the email address listed above. No verbal information given will be binding upon the State unless such information is issued in writing as an official addendum. Questions via phone calls or in person are not accepted.

Amy Mowrer, Branch Chief Procurement and Contracting Officer Business Management Branch http://www.cdfw.ca.gov/ https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE mailto:Jillian.Harris@wildlife.ca.gov

IFB P2420011, Hazardous Waste Clean-Up

CDFW IFB (v. 06/2024)

Table of Contents

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION REQUIREMENTS . 3

Section 1: General Information

A. Agreement Term B. Contract Budget Amount C. Purpose and Description of Services D. Questions Regarding IFB E. Eligible Bidders F. Community-Based Private Nonprofit Bidders G. Executive Order N-6-22 – Russia Sanctions H. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure I. Loss Leader J. Contractor Insurance Requirements K. Bidder Minimum Qualifications L. Prevailing Wages M. Mandatory Organic Waste Recycling

Section 2: Submission Requirements

N. Key Action Dates O. Submission of Bid

Section 3: Preference and Incentive Programs

P. Small Business Program Q. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

Section 4: Evaluation and Award Process

R. Evaluation and Selection S. Basis of Award T. Award and Protest U. Disposition of Bid V. Sample Standard Agreement W. Agreement Execution and Performance X. Use of Subcontractor(s)

Section 5: Submittal Checklist and Required Attachments

Attachment 1 - Submittal Check List Attachment 2 - Bid/ Bidder Certification Sheet Attachment 3 - Payee Data Record (STD 204/205) Attachment 4 - Bid Cost Sheet Attachment 5 - Contractor Certification Clause (04/2017) Attachment 6 - Bidder Declaration Form Attachment 7 - DVBE Declaration Attachment 8 - Commercially Useful Function (CUF) Certification Attachment 9 - California Public Contract Code Section 10162 Attachment 10 - Darfur Contracting Act Certification Attachment 11 - GenAI Reporting & Factsheet (STD 1000) Attachment 12 - California Civil Rights Laws Attachment Attachment 13 - Bidder’s Acknowledgement of Prevailing Wage Requirements

Sample Standard Agreement (STD. 213) is included as a separate document.

NOTICE OF STATE MANDATED SB/DVBE PROGRAM PARTICIPATION

REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

This solicitation has been exempted from DVBE Participation Program requirements.

However, bidding firms that are certified as a DVBE will receive an incentive applied to the level of DVBE participation identified in the bid response not to exceed five percent (5%). For more information, see Section 3, Q. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation.

Small Business Program Information

A Small Business Preference of five percent (5%) will be granted in accordance §1896 et seq., Title 2, California Code of Regulations (CCR). To claim the Small Business Preference, your firm must have its principal place of business located in California, an approved small business certification form, and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (DGS-OSDS).

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the DGS-OSDS by the bid due date by close of business. Bidders seeking small business certification status must also notify the State in writing at the time of submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

For certification information, visit: https://caleprocure.ca.gov/pages/sbdvbe-index.aspx For certification assistance, call DGS-OSDS at (916) 375-4941 or (916) 375-4400.

Non-Small Business

The application of the five percent (5%) Small Business bidding preference cannot be extended to non-small businesses because subcontracting is prohibited under the terms of this agreement.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

Section 1: General Information

A. Agreement Term

1. The contract term will be from the California Department of General Services contract approval date through June 30, 2027.

2. Extensions of Terms: The resulting Agreement may be amended to extend the term by one (1) year if it is determined to be in the best interest of the State. Upon signing the amendment, the bidder hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

B. Contract Budget Amount

The awarded contract will be written for a maximum amount of Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000.00). The awarded Contractor will be required to perform services at the rates identified on Attachment 4, Bid Cost Sheet.

The number of units identified on Attachment 4 are an estimate only and not a guarantee of number of units to be provided and reimbursed for under the contract.

The total Basis of Award amount on Attachment 4 will be used for award purposes only to establish lowest cost.

C. Purpose and Description of Services

1. Purpose of Services

The California Department of Fish and Wildlife (CDFW) is tasked with excellent stewardship of the lands it holds in trust for the people of California. Like other public lands, CDFW properties are often inundated with trash and other refuse from illegal dumping, unauthorized camping, and other unauthorized activities.

Hazardous materials pose a health and safety risk to the public and pollute the soil and water inhabited by the wildlife and fish that CDFW is entrusted to protect.

Stewardship of public lands may involve the cleanup of hazardous materials.

CDFW staff do not include classifications which possess the training and experience necessary to safely handle, remove, and dispose of hazardous materials.

The overall objective of this Agreement is to maintain CDFW lands in an unpolluted state by removing and disposing of hazardous materials left from illegal dumping, unauthorized camping, and other unauthorized activities. Accomplishing this task will support CDFW’s mission to manage its lands for their ecological values, their public use, and enjoyment.

2. Scope of Work (Description of Services)

For a detailed description of work to be performed, see Exhibit A, Scope of Work, which is attached hereto within the sample STD. 213 standard agreement and made a part of this solicitation.

D. Questions Regarding IFB

All questions concerning this IFB must be submitted directly to Jillian Harris at Jillian.Harris@wildlife.ca.gov on or before February 28, 2025 at 3:00pm (PT). When submitting questions, indicate the IFB number in the subject line. Questions via fax or telephone will not be accepted. Answers provided by anyone other than the IFB contact named above are not binding upon the State. Answers to questions and other notices about this IFB will be provided via an addendum at the same location on the Cal eProcure website. CDFW is not responsible for sending individual notifications of changes or updates.

E. Eligible Bidders

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB.

The bidder must be legally constituted and qualified to do business within the State of California (registered with the Secretary of State). Except for bidders whose legal status precludes incorporation (i.e., public agencies, sole proprietorships, and partnerships), bidders that are not fully incorporated by the deadline for submitting sealed bids will be disqualified.

The bidder must also not be listed on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

F. Community-Based Private Nonprofit Bidders

1. In accordance with Assembly Bill (AB) 590, Chapter 535: Advance Payments, CDFW may allow advanced payment in contracts to community based private nonprofit agencies, not to exceed 25% of the total award, upon the Department’s determination that an advanced payment is essential for the effective implementation of the contract services.

2. For a private nonprofit agency to be eligible to receive up to 25% of the contract amount, the entity must include the following as part of their bid submission and satisfy the minimum requirements in Government Code 11019.3 (c)(2)(A)(i-viii):

• Submit documentation to support the need for advance payment, which may include, but is not limited to, invoices, contracts, estimates, payroll records, and financial records.

• Demonstrate its current status in good standing as nonprofit under section 501(c)(3) of the Internal Revenue Code.

• Provide an itemized budget for the eligible costs the advanced payment will fund.

mailto:Jillian.Harris@wildlife.ca.gov http://www.sos.ca.gov/ https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB590 https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

G. Executive Order N-6-22 – Russia Sanctions

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

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

H. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI) Disclosure

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

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

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

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

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

Upon receipt of a Bidder GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

I. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. A "loss leader" is any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) Where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) Where the effect is to divert trade from or otherwise injure competitors.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7CAlexandra.Villalpando%40Wildlife.ca.gov%7Cd342eff72ef74c007cb908dc9a0c978b%7C4b633c25efbf40069f1507442ba7aa0b%7C0%7C0%7C638554626115594705%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=b4okfXNqTtH9j2XUr9KAjhdQnY%2FOU9Eu%2F6Z3OZqmCN8%3D&reserved=0

J. Contractor Insurance Requirements

1. The below required insurance documents will be requested upon award only. The awarded bidder will be required to maintain the following insurance coverage throughout the duration of the agreement and must supply proof of coverage, including endorsements, upon request by CDFW. Insurance must be in accordance with Exhibit D CDFW Additional Provisions which is attached to the sample agreement and will be incorporated into the resulting agreement.

2. If the awarded bidder does not supply insurance documents to CDFW on or before the requested date on the Notice of Intent to Award, CDFW may rescind the award for the agreement and award the next lowest cost bidder. Required insurance for this Agreement includes:

a) Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate)

b) Automobile Liability (limits not less than $1,000,000 combined single limit per accident)

c) Pollution Liability (limits not less than $1,000,000 each occurrence and $2,000,000 aggregate which may include Pesticide/Herbicide Applicator Coverage if applicable, or its equivalent)

d) Workers Compensation and Employers Liability (limits of $1,000,000 are required. The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

K. Bidder Minimum Qualifications

1. Licensing, Certification, and Permit Requirements:

The Bidder must possess, and maintain upon award, the following trainings, permits, and licenses for the duration of this Agreement:

a. Class A General Engineering Contractor’s license issued by the

California State Licensing Board (CSLB) with the following certification:

Hazardous Substance Removal Certification (HAZ).

b. Hazardous Materials Certificate of Registration issued by U.S.

Department of Transportation Pipeline and Hazardous Materials Safety Administration.

c. Hazardous Materials Transportation License issued by California Highway Patrol (CHP).

d. Trauma Scene Waste Management Practitioner from the State of California Department of Public Health, Medical Waste Management Program.

e. Waste Tire Hauler Registration issued by Cal Recycle.

f. Certificate of completion of 40 hours of Hazardous Waste Operations and Emergency Response (HAZWOPER) training.

g. Class A and Class C Driver’s License with a Hazardous Materials endorsements issued by the California Department of Motor Vehicles

(DMV).

h. Motor Carrier Permit issued by California Department of Motor Vehicles

(DMV).

i. Hazardous Waste Transporter Registration issued by the California Department of Toxic Substances Control.

j. Transporter Environmental Protection Agency (EPA) Identification (ID) Number (Section 3010 of the Resource Conservation and Recovery Act)

k. Contractor applying or spraying disinfectant must possess a Pest Control Business (PCB) License and have a Qualified Applicator License (QAL) with Category K (health related) staff to oversee the business operations. Both licenses are issued by the Department of Pesticide Regulation. The Contractor applying or spraying disinfectant must also be registered with each individual county agricultural commission where the disinfectant will be applied.

l. The Contractor must be registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a).

2. Personnel Requirements:

No Contractor may be awarded an agreement with prevailing wages unless registered with the DIR pursuant to Labor Code Section 1725.5. Worker Classifications, as listed below, will be used in the resulting agreement to describe a specific type of service and/or function and to cross-reference line items on Exhibit B of the Sample Agreement. These classifications are not reflective of Prevailing Wage Classifications and will not be used for determining prevailing wage hourly rates. The Contractor must ascertain the appropriate Department of Industrial Relations (DIR) craft/classification prevailing wage rate in accordance with the work described herein. The Bidder must provide the following personnel that meet all requirements:

a. Project Manager: As described in the Sample Agreement, Exhibit A, Section 5.F., Contractor’s Project Manager Responsibilities.

b. Lead Technician/Supervisor: Provide on-site supervision of the Contractor's employees engaged in biological, environmentally regulated, and hazardous waste operations. Must have knowledge of the employer's safety and health program, personal protective equipment (PPE), spill containment program, and health hazard monitoring procedures and techniques. Lead Technician/Supervisor must comply with CCR, Title 8, Section 5192 [8 CCR 5192] and Code of Federal Regulations (CFR), Title 29, Section 1910.12 (e)(4) [29 CFR 1910.12 (e)(4)].

c. Technician/Bio-Hazard Personnel: Possess skills and knowledge of proper use procedures for dealing with samples and testing instruments and equipment, specialized PPE, and techniques for advanced control, containment, and/or confinement operations. Will conduct all duties and labor for biohazardous waste cleanup operations.

d. Operator/Driver: Perform biological, environmentally regulated, and hazardous waste cleanup operations in field settings. Have skills and knowledge to safely and effectively contain, cleanup, transport, and dispose of hazardous materials. Operators must possess a valid commercial driver's license of the appropriate class and comply with California Vehicle Code (CVC), Sections 15250 and 31560.

e. Laborer: Under the direction of the Operator/Driver, the Laborer will assist the Operator/Driver with performing hazardous waste cleanup operations.

f. Spraying Technician: Possess skills and knowledge for the proper application of disinfectant chemicals in a manner consistent with chemical labeling to sanitize all areas of the project site contaminated with biological waste as required by Cal/OSHA and in compliance with all Federal, State, and local laws and regulations.

L. Prevailing Wages

State General Prevailing Wage Rates will apply based on the county in which work is requested, as described in Exhibit B Sections 7-9 of the Sample Agreement which is attached to this solicitation. The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet at:

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

It is the bidder’s responsibility to use the correct classification determination published by the Department of Industrial Relations (DIR).

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

M. Mandatory Organic Waste Recycling

Any Contractor generating organic waste or commercial solid waste must arrange for the recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate the Contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq.

When applicable, the Contractor must comply with these provisions.

Section 2: Submission Requirements

N. Key Action Dates

EVENT DATE TIME

IFB available to prospective bidders February 21, 2025

Final Date for Question Submission February 28, 2025 3:00pm (PT)

Final Date for Bid Submission March 21, 2025 4:00pm (PT)

Bid Opening March 25, 2025 2:30pm (PT)

Notice of Intent to Award March 28, 2025

Proposed Award Date April 7, 2025

O. Submission of Bid

1. All bids must be submitted and received by CDFW on or before the final date and time for bid submission identified above. Bids may be submitted by email, mail, or hand delivered. Faxed bids will not be accepted.

2. Bid submittal by Email: Bids may be submitted by email as a PDF to the IFB contact listed on the front page of this solicitation; only bids received to this email inbox will be considered. Bids submitted via email must clearly identify the IFB number and title in the subject line. Emailed bids will not be opened by CDFW until the bid due date and time listed above in the Key Action Dates.

3. Bid submittal by Mail or Hand Delivery: A hard copy bid must be submitted under sealed cover. Bids not submitted under sealed cover will be rejected. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the example:

Mail or deliver bids to one of the following addresses:

U.S. Postal Service Deliveries Hand Deliveries* Department of Fish and Wildlife Department of Fish and Wildlife BMB Contracts Unit BMB Contracts Unit P.O. Box 944209 1700 9th Steet, Second Floor Sacramento, CA 94244-2090 Sacramento, CA 95811

Bidder’s Firm Name Bidder’s Firm Address

[choose mailing address below] ATTN: Jillian Harris

DO NOT OPEN

UPS/FedEx/GLS

Department of Fish and Wildlife Attn: BMB Contracts Unit 960 Riverside Parkway, Suite 90 West Sacramento, CA 95605

*Hand delivered bids must be coordinated and scheduled ahead of time. To coordinate delivery, email the IFB contact listed on the cover page of this solicitation. Hand delivered bids must receive a date and timestamp by CDFW staff upon receipt. CDFW staff may not be available to receive and timestamp unscheduled hand deliveries. Hand delivered bids without a timestamp will be rejected.

4. Any bid received after the bid submission date and time specified in Section 2.N.

Key Action Dates will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped;

however, bidders are ultimately responsible for ensuring timely receipt of their bid.

Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

5. Public Bid Opening: If your firm chooses to attend the bid opening, please email the IFB contact listed on the cover page of this solicitation and allow sufficient time to locate parking and for visitor security procedures.

Address for Public Bid Opening:

1700 9th Street, Second Floor

Sacramento, CA 95811

6. A minimum of one copy of the bid must be submitted.

7. All bids must include the documents identified in Section 5, Submittal Checklist and Required Attachments (Attachment 1). Required attachments must be fully completed and not contain alternate versions or alterations. If an attachment does not apply, the form must be marked “N/A” and included in the bid. Do NOT mark the checklist item as “N/A” and omit the form from the bid. Bids with missing attachments or bids including alternate versions or alterations of the attachments will be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

8. All documents requiring a signature must be signed by a person authorized to bind the bidding firm.

9. Bids must be submitted for the performance of all the services described herein and in the Sample Agreement. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

10. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation will in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

11. The Bidder is required to complete all items on the bid cost sheet. Any items left blank will be interpreted by the State to represent a bid of zero dollars ($0.00) for that item. Items indicating anything other than a numerical dollar amount (e.g. N/A) may be deemed nonresponsive and may be rejected.

12. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and will not be charged to the State of California.

13. An individual who is authorized to bind the bidder contractually must sign the

Bid/Bidder Certification Sheet, (Attachment 2). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

14. A bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

15. A bidder may withdraw a bid by submitting a written withdrawal request to the

State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

16. CDFW may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package or through the Cal eProcure website (https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx).

17. CDFW reserves the right to reject all bids. CDFW is not required to award an agreement.

18. Before submitting a response to this solicitation, bidders are expected to review and understand all exhibits, correct all errors, and confirm compliance with the IFB requirements.

19. Where applicable, bidder should carefully examine work sites and specifications.

Bidder must investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

20. 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 are not negotiable.

21. No oral understanding or agreement will be binding on either party.

Section 3: Preference and Incentive Programs

P. Small Business Program

1. A Small Business Preference of five percent (5%) will be granted in accordance with Government Code Section 14835, and as contained in California Code of Regulations, title 2, Section 1896.8. To claim the Small Business Preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California and you must have an approved small business certification form and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (OSDS). Questions and requests for copies of the regulations should be directed to OSDS at (916) 375-4940.

2. Bidders requesting the Small Business Preference must complete the certification on the attached Bid/Bidder Certification Sheet (Attachment 2, Item 14) and include a copy of the certification. The Small Business Preference and Certification Request must be signed in the same style in which the bidder is licensed by the Contractor’s State License Board.

3. The application of the five percent (5%) Small Business bidding preference is not extended to non-small businesses because subcontracting is prohibited under the terms of this agreement.

4. The CDFW will grant small businesses a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a) Includes a notification in the bid submission to the CDFW that it is a small business or that it has submitted to the Department of General Services, Office of Small and Disabled Veteran Business Services (OSDS) a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of General Services as a small business; and

b) Submits a timely, responsive bid; and

c) Is determined to be a responsible bidder.

5. Bidders pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid time frame should contact OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this bid. Contact OSDS at (916) 375-4940 to obtain information about the application expedite process.

6. Bidders must notify the CDFW, in writing, at the time of bid submission that they have an application for Small Business or DVBE Certification under review at the OSDS, and that they wish to be considered for the Small Business Preference Calculation.

Q. Disabled Veteran Business Enterprise (DVBE) Incentive and Participation

1. DVBE Incentive

a) In accordance with section 999.5(a) of the Military and Veterans Code, and

DVBE Incentive Regulations, CCR 1896.99.100, an incentive will be given to bidders who provide DVBE participation.

b) For evaluation purposes only, the State will apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 (see Attachment 6), confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of:

DVBE

Incentive

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

c) For awards based on low price, 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 #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

2. DVBE Program Participation Program Requirements

1) The DVBE Participation Program Requirements have been waived for this IFB; however, an incentive will be given to bidders who are DVBEs.

3. DVBE Resources and Information

The Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (DGS-OSDS) is the state's certifying agency that oversees the Small Business (SB), Small Business for the Purpose of

Public Works (SB-PW), and Disabled Veteran Business Enterprise (DVBE) certification programs. Resources and Information can be found at:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran- Business-Enterprise/Certification-Program

4. Commercially Useful Function Definition

a) All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

b) CUF definition and resources can be found at:

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

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

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

Section 4: Evaluation and Award Process

R. 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. CDFW will evaluate each bid to determine its responsiveness to the published requirements.

3. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

S. Basis of Award

1. The contract Award, if made, will be to the lowest responsive/responsible bidder.

2. Bid responses must comply with all IFB requirements. Failure to do so will disqualify the bid.

3. All bids may be rejected whenever CDFW determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the State.

4. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

3. In the event of a two-way (or more) tie, the method that will be used as a "tie-breaker" will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

4. Small Business bidders, meeting the IFB specifications, will have precedence over Non-Small Business bidders in that the application of any bidder preference for which Non-Small Business bidders that may be eligible under any other provision of law will not result in the denial of the award to a Small Business bidder.

5. In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a Small Business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract will be awarded to the veteran-owned small business.

T. Award and Protest

1. Award: If an Agreement is not awarded to the lowest bidder, the lowest bidder will be notified within five (5) working days prior to the award of the Agreement. Notice of the proposed award will be posted publicly on the IFB’s event page on the Cal eProcure website (https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx) at least five (5) working days prior to awarding the Agreement.

2. Protest: In Accordance with Public Contract Code Section 10345, if any Bidder, prior to the award of an agreement, files a written protest with the Department of General Services, Office of Legal Services, and CDFW on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement will not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. The protest must be sent to:

Department of General Services California Department of Fish and Wildlife Office of Legal Services Contracts Unit ATTN: Bid Protest Coordinator ATTN: Contracts Unit Manager 707 3rd Street, 7th Floor, Suite 7-330 P.O. Box 944209 West Sacramento, CA 95605 Sacramento, CA 94244-2090 Email: OLSProtests@dgs.ca.gov Email: BMBcontracts@wildlife.ca.gov

Within five (5) days after filing the initial protest, the protesting bidder must file with the Department of General Services and the California Department of Fish and Wildlife a detailed written statement specifying the grounds for the protest.

Protests may be submitted by regular mail, facsimile, courier, or personal delivery.

U. Disposition of Bid

1. Upon bid opening, all documents submitted in response to this solicitation will become the property of the State of California and will be available for public inspection under Public Contract Code 10342.

V. Sample Standard Agreement

1. This solicitation includes, as a separate document, a Sample Standard Agreement (STD 213 and exhibits) for review. The Sample Standard Agreement contains language that CDFW expects to utilize for the awarded contract.

W. Agreement Execution and Performance

1. Work must start on the express date set by the CDFW Contract Manager and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the CDFW, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor will be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

2. The rates provided by the Contractor identified on Attachment 4, Bid Cost Sheet will be incorporated into the Agreement’s Exhibit B, Budget Detail and Payment Provisions. Rates must remain the same throughout the duration of the agreement and cannot be altered through an amendment to the contract.

3. All performance under the Agreement must be completed on or before the termination date of the Agreement.

X. Use of Subcontractor(s)

1. The Contractor will be responsible for all work performed. Subcontracting is prohibited under the terms of this Agreement.

Section 5: Submittal Checklist and Required Attachments

ATTACHMENT 1 - SUBMITTAL CHECK LIST

Complete this checklist by placing a checkmark or “X” next to each item to confirm your bid submission is complete (do not mark as N/A). A complete and responsive bid submission must include all attachments and required documents (including this checklist) identified below:

Attachment Attachment Name/Description

Attachment 1 Submittal Check List

Attachment 2 Bid/Bidder Certification Sheet (Signed)

Attachment 3 Payee Data Record (STD. 204/205) (Signed)

Attachment 4 Bid Cost Sheet

Attachment 5 Contractor’s Certification Clauses (CCC 04/2017)

Attachment 6 Bidder Declaration Form

Attachment 7 DVBE Declaration

Attachment 8 Commercially Useful Function (CUF) Certification

Attachment 9 California Public Contract Code Section (10162)

Attachment 10 Darfur Contracting Act Certification

Attachment 11 GenAI Disclosure & Factsheet (STD 1000)

Attachment 12 California Civil Rights Laws

Attachment 13 Bidder’s Acknowledgement of Prevailing Wage Requirements

Other Required Documents:

Written descriptions, diagrams, maps, and photographs of two examples of past work on encampment cleanups

Written descriptions and photographs of two examples of past work on hazardous waste removal and transport

Copy of California Business License or articles of incorporation (per “Eligible Bidders” Section

Proof of active Small Business status or Disabled Veteran Business

Enterprise status with the California Department of General Services (if applicable)

____ Copy of Class A General Engineering Contractor’s License with

Hazardous Substance Removal Certification (HAZ) issued by the California Contractors State License Board (CSLB)

____ Copy of Hazardous Materials Certification of Registration (US Department of Transportation Pipeline and Hazardous Materials Safety Administration)

____ Copy of Hazardous Materials Transportation License (CHP – California

Highway Patrol)

____ Copy of Trauma Scene Waste Management Practitioner certification (from

State of California Department of Public Health, Medical Waste Management Program

____ Copy of Waste Tire Hauler Registration issued by Cal Recycle

____ Copy of Hazardous Waste Operations and Emergency Response

(HAZWOPER) training certificate (for 40 hours of training)

____ Copy of Class A and Class C Driver’s License with a Hazardous Materials endorsement for all drivers (California DMV – Department of Motor Vehicles)

____ Copy of Motor Carrier Permit (California DMV – Department of Motor

Vehicles)

____ Copy of Hazardous Waste Transporter Registration (California Department of Toxic Substances Control)

____ Copy of Transporter Environmental Protection Agency (EPA)

Identification (ID) Number (Section 3010 of the Resource Conservation and Recovery Act)

____ Copy of Pest Control Business License with a Qualified Applicator

License and Category K

____ Copy of Department of Industrial Relations (DIR) registration pursuant to

Labor Code Section 1725.5

ATTACHMENT 2 - BID/ BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as a bid package as directed in Submission of Bid with original signatures. The bid documents must be transmitted in accordance with IFB instructions.

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

B. All required attachments are included with this certification sheet.

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

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

An unsigned Bid/Bidder Certification Sheet may be cause for rejection

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

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print): 11. Title:

12. Signature 13. Date

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

a. California Small Business Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter certification number:

c. Non-Small Business Subcontractor Preference Yes No

NOTE: A copy of your Certification is required and MUST be included if either of the above items are checked “Yes”.

Date application submitted to OSDS (if application is pending):

BID/BIDDER CERTIFICATION SHEET INSTRUCTIONS

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below:

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. Items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there will be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his/her successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your Federal Employee Tax Identification Number.

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

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

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

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line.

If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter certification number on the line.

If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3 - PAYEE DATA RECORD (STD 204/205)

A completed Payee Data Record is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

STD 204 Payee Data Record

This form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

The STD 205 is optional. It is used to provide remittance address information if different than the mailing address on the STD 204 – Payee Data Record. Use this form to provide additional remittance addresses and additional Authorized Representatives of the Payee not identified on the STD 204.

STD 205 Payee Data Record Supplement

This form is available at: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 4 - BID COST SHEET

The Bidder proposes to provide CDFW with hazardous waste collection and disposal services in accordance with the specifications, terms and conditions contained herein, at the unit rates noted below. Rates include all Contractor costs including but not limited to taxes, labor, transportation, travel, parking, personal protective equipment, testing of unknown substances, and all other expenses necessary under the performance of this contract.

Indicate rates in the table below. The awarded Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager at the rates identified below to a total cost that must not exceed Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000.00).

If a field within the Cost Sheet is left blank, it will be construed as a bid of $0.00. If a field within the Cost Sheet is marked with anything other than a number (i.e. N/A) the bid may be deemed nonresponsive.

A. Personnel (includes PPE)

No. Classification Hourly Rate Estimated Number of

Hours Subtotal

1. Project Manager $ 100 $

2. Lead Technician/Supervisor $ 400 $

3. Technician*/Bio-hazard Personnel $ 800 $

4. Operator/Driver $ 400 $

5. Laborer $ 1250 $

6. Spray Technician $ 100 $

Section A Subtotal: $

B. Equipment

No. Item Description Hourly Rate Estimated Number of

Hours Subtotal

7. 1-ton truck or more $ 800 $

8.

Bobtail Truck (under 26,000 lbs. Class C or B)

$ 20

9. 40 drum gear truck with lift gate $ 20 $

10.

Tractor and Trailer minimum 40ft. With lift gate

$ 20

11. Single bin transport truck $ 400 $

12.

Water Truck (minimum 1,000 gallon capacity)

$ 20

13. Pressure Washer $ 20 $

14. Vacuum Truck (110-130-barrel capacity) $ 15 $

15. Vacuum Truck (10-100-barrel capacity) $ 20 $

16. Skid Loader, with Trailer $ 200 $

17. Packer Truck $ 20 $

18. Double Bin Transport $ 20 $

19. Bobcat, or like item, with trailer $ 200 $

Section B Subtotal: $

C. Materials/Bins (includes transportation costs)

No. Item Description Rate per Item Estimated Number of

Items Subtotal

20.

Metal drum 55 gallons, new or reconditioned

$…