IFB_PACKAGE_4.17.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

INVITATION

FOR BID

Updated: March 2024

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STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

4/17/2024

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

Arsenic Filter Media Removal, Replacement, and Repair Services

BID NUMBER C5611986-D

RETURN BID TO: CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov Please see Bid Submittal instructions for CDCR’s new electronic bid submittal process.

You are invited to review and respond to this IFB C5611986, titled Arsenic Filter Media Removal, Replacement, and Repair Services Contract, at High Desert State Prison (HDSP). In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Government Code 14838, the California Department of Corrections and Rehabilitation (CDCR) is required to meet the State’s twenty-five percent (25%) Small Business (SB) participation requirement. Certified SBs and micro-businesses (MB) are encouraged to submit bids. See Small Business Preference Program Section, in this IFB for requirements.

The designated contact person for this IFB is:

Contract Analyst: Krystal Walker California Department of Corrections and Rehabilitation Email address: krystal.walker@cdcr.ca.gov Phone: 279-210-3438

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

Technical questions regarding this solicitation will be addressed in writing and accordance with the Questions and Answers portion of this IFB. See Letters of Inquiry Section for more details.

Sincerely, Krystal Walker

Krystal Walker Contract Analyst

IFB Page 2 of 69 mailto:CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov

BID PACKAGE OVERVIEW

PROJECTED TIMETABLE .................................................................................................................... - 5 -

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS ............................................................ - 5 -

PROHIBITION ON TAX DELINQUENTS ............................................................................................... - 5 -

BIDDER RESPONSIBILITIES & THE BID PACKAGE ............................................................................... - 5 -

BID SUBMITTAL ................................................................................................................................. - 6 -

LETTERS OF INQUIRY ........................................................................................................................ - 7 -

PUBLIC BID OPENING ........................................................................................................................ - 8 -

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS .......................................................................... - 8 -

BASIS FOR AWARD ............................................................................................................................ - 8 -

PROTEST AWARD .............................................................................................................................. - 9 -

AGREEMENT EXECUTION .................................................................................................................. - 9 -

EXTENSION OF TERM ......................................................................................................................- 10 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM .....................................................- 10 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE .....................................................- 10 -

SMALL BUSINESS PREFERENCE PROGRAM .....................................................................................- 11 -

NON-SMALL BUSINESS PREFERENCE REQUEST ..............................................................................- 11 -

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE ..........................- 12 -

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS: SMALL/MICRO BUSINESS

AND DVBES .....................................................................................................................................- 12 -

BIDDER PROVIDING FACILITY(IES) ..................................................................................................- 13 -

Table of Contents

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BID PACKAGE OVERVIEW

This IFB package contains the following documents (except as otherwise indicated).

Please note that you must comply with the requirements contained in all documents.

• Notice to Prospective Bidders

• Bid Submittal Checklist

• Bidder Acknowledgment/Certification (OBS 300)

• Sample Standard Agreement (STD 213)

• Scope of Work (Exhibit A)

• Service Report (Exhibit A-1)

• Budget Details and Payment Provisions (Exhibit B)

• Rate Sheet (Exhibit B-1)

• General Terms and Conditions (Exhibit C)

This document is incorporated in this bid package by reference only and is available on the Internet at Standard Contract Language for Non-IT Services - GTC 04/2017.

• Special Terms and Conditions (Exhibit D)

• CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit E)

• Standard Contractor Certification Clauses (CCC)

• Payee Data Record (STD 204)

• Payee Data Record Supplement (STD 205)

• Supplement Vendor Payee Data Record Form

• Darfur Contracting Act (OBS 1500)

• California Civil Rights Laws Certification (OBS 1510)

• Sample Certificate of Insurance

• California DVBE Bid Incentive Instructions – Selecting Incentive Option

• Bidder Declaration (GSPD-05-105)

• Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)

• California DVBE Bid Incentive Instructions – Selecting Incentive Option

• DVBE Declarations (DGS PD 843)

• DVBE Bid Incentive Request and Acknowledgement (OBS 554)

IFB Page 4 of 69 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Invitation for Bid Contract Bid Number C5611986-D

PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders April 17, 2024 Letters of Inquiry Submission Date April 24, 2024 Submission of Bid May 1, 2024 by 10:00 AM Public Bid Opening May 6, 2024 at 2:00 PM Anticipated Date for Commencement of Services

May 15, 2024 or Upon Approval, Whichever Occurs Later

Term End Date of Agreement May 14, 2027

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1). Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

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2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item

Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, a signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. 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. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed through DocuSign by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

BID SUBMITTAL

Bids must be submitted electronically, with all necessary bid submission documents in a clear, legible Portable Document Format (PDF), the documents are fully responsive and lack any deficiency, to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov no later than the time and date specified in the Projected Timetable. Any bid received in any other manner will NOT be considered. Bid submission time will be recorded using the electronic time stamp associated with receipt of the email submission. CDCR will provide an automated email response confirming receipt of each submission received showing the date and time the submission was received. If a confirmation receipt is not received, please contact CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov to confirm your bid was received. Confirmation receipt is not a representation by CDCR that the submitted bid is responsive and complete.

Any electronic bid received after the Submission of Bid date and time specified in the Projected Timetable will NOT be considered. Bidders are ultimately responsible for ensuring timely receipt of their bid. It is recommended that Bidders submit bids at least one (1) hour in advance of the bid submission deadline to allow for confirmation of bid submission.

Bid submissions with attached PDF documents in excess of forty (40) Megabytes in size risk being undeliverable. The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds forty (40) Megabytes. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the internet (e.g., Google Drive, Dropbox) in lieu of attachments are not acceptable, and any documents stored at such links will not be reviewed.

The subject line of the electronic bid must be titled:

BID FOR C5611986-D- ARSENIC FILTER MEDIA REMOVAL, REPLACEMENT, AND REPAIR

SERVICES

Bids that are not properly marked may be disregarded. Please see example below for further assistance.

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The body of the email of the electronic bid must only contain the following:

DO NOT OPEN

BID NUMBER: C5611986-D

ATTENTION: KRYSTAL WALKER

COMPANY NAME:

(See Sample Below)

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear one of the following DocuSign, or Adobe Acrobat Sign signature, or a scanned document of an original ink signature. An unsigned bid may be rejected.

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. A bid may be withdrawn from consideration by submitting a written withdrawal request to CDCR via email to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov, signed by the bidder or an authorized agent. Bids will not be opened until the Public Bid Open date and time. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Any letters of inquiry must be submitted by email to allow CDCR time to research and prepare a response.

Submit your letter of inquiry by the date specified in the Projected Timetable Section of this IFB directly to Krystal Walker, Contracts Management Branch, by E-mail: krystal.walker@cdcr.ca.gov.

IFB Page 7 of 69 mailto:ISCBids@cdcr.ca.gov

Inquiries received after this date will only be addressed at CDCR’s discretion.

PUBLIC BID OPENING

All bids received by the due date and time will be opened and read at a virtual public bid opening. Bids will be opened publicly over conference-call utilizing the call-in number below. The time of the public bid opening will be as outlined in the Projected Timetable.

Call-In Number: 1-916-701-9994 Passcode: 340347063#

At the time of the public bid opening, the dollar amount of each bid, claimed preference, and the name of each company bidding shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

Final results may change as a result of formal bid evaluation.

Bid opening will be audio only with no opportunity for questions and answers.

Bid Results can also be requested by contacting the contract analyst listed in this solicitation following the public bid opening.

EXECUTIVE ORDER N-6-22 – RUSSIAN 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.

BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed, and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

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PROTEST AWARD

Information regarding the protest of an award may be found by going to State Contracting Manual - Volume 1, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope or email subject line containing the written protest must clearly state:

"Protest Concerning IFB Number C5611986-D for the California Department of Corrections and Rehabilitation".

Protests MUST be filed with:

ORIGINAL COPY

EMAIL OR MAIL DELIVERY

Email: OLSProtests@dgs.ca.gov

Department of General Services Office of Legal Services Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

EMAIL OR MAIL DELIVERY

E-mail: m_CDCR-OBS-Protest-Mailbox@cdcr.ca.gov

Department of Corrections and Rehabilitation Office of Business Services Contracts Management Branch 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, B, B-1, D, and E.

This Agreement will not include a copy of the Exhibit C, General Terms and Conditions, which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at Standard Contract Language for Non - IT Services.

After award, the Standard Agreement will be forwarded to the Contractor for signature via DocuSign.

Upon receipt, the Contractor must sign the Agreement and return the Agreement with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreement and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the DGS Government Claims Program. When the Agreement is fully approved, a copy will be forwarded to you.

IFB Page 9 of 69 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/SCM-VI---04-2022-Update/SCM-Volume-1-rev-04-2022---Chapter-6.pdf?la=en&hash=33EED4E1173B84AE93CFDD3D3268B13618EA189F mailto:OLSProtests@dgs.ca.gov mailto:m_CDCR-OBS-Protest-Mailbox@cdcr.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

EXTENSION OF TERM

This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the three percent (3%) goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code

999. The DVBE Incentive Program applies to all contracting activities for services. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form

(OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

Award Based on Low Price

The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five percent (5%) will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

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SMALL BUSINESS PREFERENCE PROGRAM

Current law requires state departments to support the success of small businesses, including microbusinesses, in participation in contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to contract with certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California;

2. The officers are domiciled in California;

3. The business is independently owned and operated;

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has one hundred (100) or fewer employees and averaged annual gross receipts of $16,000,000 or less over the previous three years, or

(2) The business is a manufacturer with one hundred (100) or fewer employees;

b. For Micro Business, either:

(1) The business, together with any affiliates, has twenty-five (25) or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(2) The business is a manufacturer with twenty-five (25) or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by

5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

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A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS

555) with their bid proposal.

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000.

The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

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BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

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Bidder Acknowledgement/Certification (OBS 300) Bid No. C5611986-D California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid)

NVSA preference request TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

IFB Page 14 of 69

BID SUBMITTAL CHECKLIST

ARSENIC FILTER MEDIA REMOVAL, REPLACEMENT, AND REPAIR SERVICES

Bid No. C5611986-D

Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bid Submittal Checklist (this checklist)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet (Exhibit B-1)

_____ Copy of Contractor Certification Clauses (CCC)

The CCC can be found on the Internet at http://www.ols.dgs.ca.gov/standard+language. The first page must be signed and submitted prior to the award of the contract, but is not required if the bidder has submitted this form to the awarding agency within the last three (3) years.

_____ Original Payee Data Record (STD 204)

_____ Payee Data Record Supplement (STD 205), if applicable

_____ Supplement Vendor Payee Data Record

____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable.

_____ Darfur Contracting Act (OBS 1500)

_____ California Civil Rights Laws Certification (OBS 1510)

_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State.(If not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.)

_____ Copy of General A California State Contractor’s Board License OR employ a subcontractor(s) who possesses the required license.

_____ GSPD-05-105 Bidder Declaration

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_____ STD 843 DVBE Declarations

_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable.

NOTE TO BIDDER: In addition to the above, the Provider shall furnish the following to CDCR upon award.

_____ Copy of Commercial General Liability Insurance

_____ Copy of Automobile Liability Insurance

_____ Copy of Worker’s Compensation, if applicable, (if exempt, please cite the legal code that exempts you from this requirement)

IFB Page 16 of 69

2. The term of this Agreement is:

S A M

P

LE

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TBB Bid Number C5611986-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

ARSENIC FILTER MEDIA REMOVAL, REPLACEMENT, AND REPAIR SERVICES

1. INTRODUCTION

Contractor shall provide all labor, including travel and per diem, materials, supplies, plans/schematics, tools, equipment, permits/licenses, inspections, safety equipment and every other item of expense necessary to remove, replace, and repair the arsenic filter media to the California Department of Corrections and Rehabilitation (CDCR), on site located at High Desert State Prison (HDSP), 475-750 Rice Canyon Road, Susanville, CA 96127.

2. CONTRACTOR RESPONSIBILITIES

The estimated number of services for this Agreement is two (2), however may include additional as needed services per the Institution Contract Liaison or designee. The Contractor shall mobilize all necessary equipment to the HDSP site for this service. Prior to starting any work the Institution Contract Liaison or designee will walk the Contractor around the arsenic removal plant to verify the four (4) chambers are not leaking while in service. The Institution Contract Liaison or designee will isolate and place two (2) chambers out of service for the commencement of this service. The Contractor shall remove the covers from the two (2) out of service arsenic media chambers and clean up all mating surfaces.

The Contractor shall de-solidify the media and prepare it for removal. One (1) hour of time per chamber is allotted for this de-solidification process.

The Contractor shall remove the spent arsenic media from these two (2) 400 cubic foot chambers by vacuuming out the media chambers and placing the spent media in super sacks, palletize, and shrink wrap for removal by another vendor. The Contractor shall clean and wipe down these two (2) 12’ (foot) diameter media chambers inside surfaces to ensure cleanliness. Two (2) hours of labor time per chamber is allotted for this cleaning procedure. The inside surfaces may have iron and mineral deposits accumulated on the walls even after cleaning. The Contractor shall refill each chamber with 400 cubic foot of the institution supplied arsenic removal media, Bayoxide E33.

The Contractor shall replace the gaskets and covers for these two (2) chambers once secured. Institution Staff shall fill these two (2) chambers with water, test for leaks and ensure proper operation. Institution Staff shall place the two (2) chambers with the fresh media on-line and secure the other two (2) chambers and drain the water out. The Contractor shall repeat the process with the two (2) other chambers as described above. Institutional Staff will fill these other two (2) chambers with water, test for leaks and ensure proper operation.

3. REPAIRS

The Contractor shall provide unlimited visits for repair services requested by the Institutional Institution Contract Liaison or designee and as necessary to keep the Arsenic Filter Vessels fully operational. Repair services shall include, but not limited to: installation of parts, troubleshooting, and reestablishing of the system or

IFB Page 18 of 69 any repair necessary to maintain the Arsenic Filter Vessel and shall be paid by the CDCR at the Repair Hourly Rate, as specified on the Exhibit B-1 Rate Sheet. Any parts replacement shall be replaced in accordance with the Parts Replacement section.

The Contractor shall provide a timeline and cost of repair services upon first notification from the Institution Contract Liaison or designee within forty eight (48) hours. Repair services performed outside of normal business hours, as specified herein, must be approved in advance, in writing by the Institution Contract Liaison or designee.

4. EMERGENCY REPAIR SERVICES

The Contractor shall provide all emergency repair requests within eight (8) hours of first notification by the Institution Contract Liaison or designee and will be paid as specified in Exhibit B-1, Rate Sheet.

Any notification of delay must be submitted to the Institution Contract Liaison or designee, immediately upon diagnosis of equipment deficiency. Any parts requiring replacement shall be replaced in accordance with the parts Replacement Section of this Agreement.

5. PARTS REPLACEMENT

This Agreement includes replacement of any part(s) that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way. The Contractor shall notify the Institution Contract Liaison or designee prior to ordering and/or installing parts that are not covered under the (annual/semi-annual, etc.)

maintenance service rate. A written estimate of the required part(s) shall be submitted in writing to the Institution Contract Liaison or designee and shall be approved before replacement. A supplier invoice or price list for parts shall accompany the Contractor’s written estimate. All costs for replacement parts shall be in accordance with the rates listed on the supplier invoice and/or price list.

CDCR reserves the right to purchase repair parts independently.

A published manufacturer/authorized dealer published price list and/or supplier’s parts invoice for parts shall be submitted with the Contractor’s invoice and the CDCR approved Exhibit A-1, Service Report to the respective Institution Contract Liaison or designee when submitting requests for purchase/payment. All costs for replacement parts shall be in accordance with the rates listed, and payment will be in arrears. The Contractor shall maintain an adequate supply and/or be able to obtain within a reasonable amount of time any necessary replacement parts in order to perform repairs and maintenance in a timely manner. Any parts that have been replaced become the property of the State.

The State assumes no responsibility and will not reimburse the Contractor for parts that were ordered or installed prior to authorization by the Institution Contract Liaison or designee. The part(s) must also be included on the Exhibit A-1, Service Report.

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Contractor shall provide equipment capable of lifting and removing bayoxide media sacks.

All work performed shall be in accordance with applicable regulations and procedures per the California Safe Drinking Water Act and California Code of Regulations Title 22, and any other reference as it pertains to this system. Upon start of this Agreement Contractor shall complete all work described and be off site within 30 days. The start date will be mutually agreed upon by Contractor and the State Contract Liaison or designee.

6. NOTIFICATION OF PERSONNEL CHANGES

Contractor must provide a list of personnel to be allowed access to State premises for the completion of this project prior to starting the project. Contractor must notify the Institution Contract Liaison or designee two (2) weeks prior of any changes to those personnel allowed access to State premises for the purpose of providing services outlined herein. The State reserves the right to conduct fingerprinting and clearance of all personnel through the Department of Justice, Bureau of Criminal Identification and Information prior to being permitted access to the premises.

7. WORK HOURS

Normal working hours shall be Monday through Friday, excluding State holidays, between the hours of 7:00 a.m. to 3:00 p.m. Hours of work can be changed by mutual agreement between the Institution Contract Liaison or designee and the Contractor. The State, at its discretion, may allow access to the equipment during non-business hours when necessary.

8. LICENSE REQUIREMENT

Contractor must possess a valid A - General Engineering California State Contractors Board License (CSLB) or employ a subcontractor(s) who possesses the required license.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary. However, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to include a copy of your business license or incorporation papers from your respective State showing that your company is in good standing in that State.

9. GUARANTEE

Contractor shall guarantee all services, including any replaced parts, for a minimum of 90 days from the date of service performance. If it is determined, that failure has occurred due to defective parts or workmanship, the Contractor shall correct the failure at no additional expense to the State. Correction shall occur

IFB Page 20 of 69 during normal State business hours upon request for service by the Institution Contract Liaison.

10. CDCR CONTACT INFORMATION

Should questions or problems arise during the term of this contract, Contractor should contact the following offices:

Billing/Payment Issues:

Sacramento Regional Accounting Office P.O. Box 187015 Sacramento, CA 95818-7015 Phone Number: (916) 255-2042

FAX Number: (916) 255-2103

Scope of Service/Performance Issues:

Institution Contract Liaison Fred Whitlock, Chief Engineer I Phone Number: (530) 251-5100, Extension 6601 FAX Number: (530) 251-5008

General Contract Issues:

Office of Business Services Contract Management Branch Phone Number: (279) 210-3438 Email: m_cdcrobscontracts@cdcr.ca.gov

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California Department of Corrections and Rehabilitation (CDCR) Exhibit A-1 Service Report Sample

SERVICE REPORT

Date of Service: ________________

Type of Maintenance/Inspection

Monthly Quarterly Semi-Annual Annual

Safety Inspection Calibration

__________________ Hours Service Provided (To/From)

Provide explanation on all parts replaced

Repairs _______________________Hours Service Provided (To/From)

TOTAL REPAIR HOURS

Were parts replaced? Yes No

Provide explanation for all parts replaced.

Location of Equipment

Description of Equipment

Equipment Make Make _____________ Model _____________ Serial Number______________

Description of service performed: (use back of this page if more space is needed)

Describe any noted deficiencies and suggested corrective action

The State assumes no responsibility for any work commenced by the Contractor and will not reimburse the contractor for any work performed prior to approval and scheduling by the Institution Contract Liaison, or designee. Payment will only be made on invoices accompanied by a Service Report signed by the Institution Contract Liaison, or designee.

Name of Service Technician/Contractor Authorized Institution Personnel

Print Name Here Print Name Here

Signature Date Signature Date

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California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1, Rate Sheet, and a published manufacturer/authorized dealer published price list and/or supplier’s parts invoice for parts. Exhibit B-1, Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below.

c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.

1) To submit invoices by mail for Institutions, DJJ Facilities, DJJ Headquarters, and Board of Parole Hearing contracts:

ASB - Sacramento Attention: Accounts Payable B P.O. Box 187016 Sacramento, CA 95818-7016

For electronic submission, send invoices to:

Institutionnonmedcontractinvoices@cdcr.ca.gov

2. Budget Contingency Clause

a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this

b. If funding for the…