IFB_Package_C5612146-D.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated: May 2024

IFB Package Page 1 of 88

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

7/15/2024

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

McQuay and York Chiller Maintenance, Repair, and Inspection Services

BID NUMBER C5612146-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 C5612146-D, titled McQuay and York Chiller Maintenance, Repair, and Inspection Service Contract, for the California Department of Corrections and Rehabilitation (CDCR), Ironwood State Prison (ISP) and Central Valley State Prison (CVSP). 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: Shannon Tabarango California Department of Corrections and Rehabilitation Email address: Shannon.Tabarango@cdcr.ca.gov Phone: (279) 21-3775

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, Shannon Tabarango Shannon Tabarango Contract Analyst

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BID PACKAGE OVERVIEW

PROJECTED TIMETABLE .................................................................................................................... - 6 -

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS ............................................................ - 6 -

PROHIBITION ON TAX DELINQUENTS ............................................................................................... - 6 -

BIDDER RESPONSIBILITIES & THE BID PACKAGE ............................................................................... - 6 -

BID SUBMITTAL ................................................................................................................................. - 7 -

BIDDERS’ CONFERENCE AND/OR WALK-THROUGH ......................................................................... - 9 -

LETTERS OF INQUIRY ........................................................................................................................ - 9 -

PUBLIC BID OPENING ......................................................................................................................- 10 -

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS ........................................................................- 10 -

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE .......................................................- 10 -

BASIS FOR AWARD ..........................................................................................................................- 11 -

PROTEST AWARD ............................................................................................................................- 11 -

GENERAL PREVAILING RATE OF WAGES .........................................................................................- 11 -

AGREEMENT EXECUTION ................................................................................................................- 12 -

EXTENSION OF TERM ......................................................................................................................- 12 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE .....................................................- 12 -

SMALL BUSINESS PREFERENCE PROGRAM .....................................................................................- 13 -

NON-SMALL BUSINESS PREFERENCE REQUEST ..............................................................................- 14 -

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE ..........................- 14 -

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

AND DVBES .....................................................................................................................................- 14 -

BIDDER PROVIDING FACILITY(IES) ..................................................................................................- 15 -

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.

Bid Submittal Checklist

Bidder Acknowledgment/Certification (OBS 300)

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1) Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).

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)

List of Participating Institutions/Facilities (Exhibit E)

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

Service Technician Training (Attachment 1)

Service Technician References (Attachment 2)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205)

Supplemental Vendor Payee Data Record Form

Darfur Contracting Act (OBS 1500)

California Civil Rights Laws Certification (OBS 1510)

GenAI Disclosure & Factsheet (STD 1000)

Sample Certificate of Insurance

Bidder Declaration (GSPD-05-105)

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

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California DVBE Bid Incentive Instructions – Selecting Incentive Option

DVBE Declarations (DGS PD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

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Invitation for Bid Contract Bid Number C5612146-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 July 15, 2024 Notification of Intent to Participate in Walk-Through

July 19, 2024

Mandatory Walk-Through - ISP July 29, 2024, at 10:00 AM (additional information provided below)

Mandatory Walk-Through - CVSP July 30, 2024, at 10:00 AM (additional information provided below)

Letters of Inquiry Submission Date August 5, 2024 Submission of Bid August 12, 2024, by 11:00 AM Public Bid Opening August 13, 2024, at 2:00 PM Anticipated Date for Commencement of Services Upon Approval Term End Date of Agreement June 30, 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.

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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.

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 IFB Package Page 7 of 88 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 C5612146-D McQuay and York Chiller Maintenance, Repair, and Inspection Services.

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

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

DO NOT OPEN

BID NUMBER: C5612146-D

ATTENTION: Shannon Tabarango

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.

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BIDDERS’ CONFERENCE AND/OR WALK-THROUGH

Notification of Intent to Participate in Bidders’ Conference and/or Walk-Through

Bidders and/or their representative(s) planning to attend the walk-through held on institution grounds must provide their driver’s license or DMV identification card number, date of birth, and complete name to secure a Gate Clearance for admittance. Please contact Steven A. Jenkins for ISP Walk-Through at

(760) 921-4385 and Gustavo Rodriguez at (760) 922-5300 x 9300 or Veronica white at (760) 922-5300 x 9752 for the CVSP Walk-Through by the date indicated in the Projected Timetable of this IFB to arrange for your participation in the mandatory walk-through.

Any interested bidder or bidder’s representative who requires reasonable accommodation to participate in the mandatory walk-through must contact the contract analyst identified in this package two (2) weeks before the scheduled mandatory walk-through to identify what reasonable accommodation(s) is required.

At the time of attendance at mandatory walk-through, bidders and/or their representatives will be required to bring their driver’s license or state DMV identification card to be admitted onto institution grounds.

NOTE: Bidders and/or their representatives will not be admitted onto institution grounds unless professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution.

Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse clothing and/or yellow rainwear shall not be worn onto institution grounds. Contractors should contact the institution regarding clothing restrictions before any planned visit(s) to the institution to ensure the Contractor and/or their representatives are in compliance.

Additionally, electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are not permitted on institution grounds and must be left in the bidder’s and/or their representative’s locked vehicle.

Mandatory Walk-Through

NOTE: PARTICIPATION IN THE WALK-THROUGH IS MANDATORY. ANY BIDDER INTENDING TO

SUBMIT A BID MUST EITHER ATTEND OR SEND A REPRESENTATIVE TO THE WALK-THROUGH.

FAILURE TO ATTEND OR PROVIDE REPRESENTATION WILL RESULT IN THE BIDDER’S

ELIMINATION FROM THE BIDDING PROCESS.

The mandatory walk-through will be held at ISP located at 19005 Wiley’s Well Road, Blythe, CA 92225 and CVSP located at 19025 Wiley’s Well Rd., Blythe, CA 92225, on the date and time specified in the Projected Timetable Section of this IFB. The purpose of this walk-through is to provide bidders an opportunity to examine the work site before bidding in order to have full knowledge of the area(s) and/or specific equipment affecting the work that may not be specifically described herein.

Specific questions during the walk-through should be limited to the work site. Actual questions regarding the Scope of Work and/or Terms and Conditions of the IFB should be directed to the contact person identified in the cover letter of this IFB.

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.

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Any inquiries related to the specifics of the IFB and/or DVBE requirements, if applicable, be submitted by email to allow CDCR time to research and prepare a response. Bidders will still, however, have the opportunity to ask questions at the walk-through. Submit your letter of inquiry via email by the date specified in the Projected Timetable Section of this IFB directly to Shannon Tabarango, Contracts Management Branch at E-mail: Shannon.tabarango@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.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

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.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and 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.

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Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet 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.

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.

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 C5612146-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

GENERAL PREVAILING RATE OF WAGES

In accordance with the provisions of Section 1774 of the California Labor Code, the Contractor and any subcontractors shall conform to the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Copies of the wage rate determinations or any amendments thereto issued by the Director of the Department of Industrial Relations are on file with CDCR.

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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, A-2, B, B-1, D, E, and F.

This Agreement will not include a copy of the Exhibit C, General Terms and Conditions for Private Contractors, 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.

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) 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).

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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.

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.

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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.

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.

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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.

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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BID SUBMITTAL CHECKLIST

McQuay and York Chillers Maintenance, Repair, and Inspection Services

IFB No. C5612146-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)

_____ Payee Data Record (STD 204)

_____ Payee Data Record Supplement (STD 205)

_____ Supplemental Vendor Payee Data Record Form

_____ 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 or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.

Contractor Certification Clauses (CCC)

Copy of current and valid C-20 California Contractors State License Board specialty license or a “B” license with a subcontractor who possesses the required specialty license.

Copy(ies) of Service Technician Training (Attachment 1) and/or Service Technician References (Attachment 2) for each service technician providing services under this Agreement. Refer to Exhibit A, Scope of Work, for the requirements.

GSPD-05-105 Bidder Declaration

STD 843 DVBE Declarations, if applicable.

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

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

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

_____ Proof of Commercial General Liability Certificate

_____ Proof of Automobile Insurance Certificate

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Bidder Acknowledgement/Certification (OBS 300) Bid No. C5612146-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

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2. The term of this Agreement is:

SAMPLE

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SAMPLE

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TBB Bid Number C5612146-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

MCQUAY AND YORK CHILLERS MAINTENANCE, REPAIR, AND INSPECTION SERVICES

1. INTRODUCTION/SERVICES

This is an Agreement in which the Contractor shall provide maintenance, repair, and inspection services on the McQuay and York Chillers and the chiller water cooling towers. The Contractor will be compensated for the services in accordance with the service rate specified in Exhibit B-1, Rate Sheet which shall include all labor, supplies, materials, personnel, transportation (including travel and per diem), any necessary equipment, tools, sales tax, recycling/disposal fees, shipping/freight charges and every other item of expense necessary to provide services as specified herein for the California Department of Corrections and Rehabilitation (CDCR), locations listed on Exhibit E, List of Participating Institutions/Facilities.

The Contractor shall incorporate the cost for travel time, lodging, per diem, and any other expenses into their service rate at the time of preparing their bid packet. The service rate will remain firm for the length of the Agreement.

Services shall be applicable to all equipment listed in Exhibit B-1, Rate Sheet. The State reserves the right to add equipment similar to the list established and delete equipment that has become obsolete. Additional equipment shall be serviced at the unit rates specified in Exhibit B-1, Rate Sheet herein. The Contractor shall be notified in writing by the Institution Contract Liaison or designee of equipment that has been added or removed from the list on a quarterly basis.

The State assumes no responsibility for any work commenced by the Contractor and will not reimburse Contractor for any work performed prior to approval and scheduling by the Institution Contract Liaison or designee.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall provide all maintenance, inspection, repair, testing, and certification services for equipment specified on Exhibit A-1, Equipment List.

The State reserves the right to substitute equipment similar to the equipment listed on the Exhibit A-1, Equipment List and to delete equipment that has become obsolete or is taken out of service. Additional equipment shall be serviced at the rates specified on the Exhibit B-1, Rate Sheet. The Institution Contract Liaison or designee will notify the Contractor of any equipment that has been substituted and/or removed from the list.

The Contractor shall provide services as requested by the Institution Contract Liaison or designee during the business hours of 8:00 a.m. to 4:00 p.m. Monday through Friday, State holidays excluded, or as mutually agreed upon between the Contractor and the Institution Contract Liaison or designee. CDCR may, at its discretion, allow access during non-business hours, when necessary.

Travel time to and from the institution/facility will not be paid. Services shall begin when the Contractor arrives and checks in at the designated service location. Any loss of time checking in and out of the institution/facility access points will not be reimbursed by the State. In the event a scheduled service date must be cancelled or rescheduled by the Contractor or CDCR, notification must be provided verbally and followed up in writing no later than twenty-four (24) hours prior to the scheduled service date.

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TBB Bid Number C5612146-D

The Contractor shall have the work area cleaned up and all equipment secured in time for the Contractor and/or its employees to be outside the perimeter fences of the institution/facility by 3:30 p.m. each workday, unless otherwise directed by the Institution Contract Liaison or designee.

The Contractor shall report to the Institution Contract Liaison or designee upon arrival at the institution/facility to pick up an Exhibit A-2, Service Report. Upon completion of the services, the Contractor shall return to the Institution Contract Liaison or designee for approval of services performed and signature on the Exhibit A-2, Service Report.

Invoices will only be paid when accompanied by the completed and CDCR approved Exhibit A-2, Service Report.

3. MAINTENANCE SPECIFICATIONS

The Contractor shall provide the following maintenance services:

A. Annual Maintenance Services

1. Check evaporator and condenser water pressure drops and adjust if necessary.

2. Check all safety and operating controls for proper calibration, including overloads.

3. Check oil and refrigerant levels (approach temperature for refrigerant level).

4. Check end bail and head for epoxy treatment if needed.

5. Take oil and refrigerant samples for analysis.

6. Replace oil filter.

7. Brush tubes on both evaporator and condenser.

8. Check cooling tower purge.

9. Purge drum coil, reassemble and leak tests.

10. Purge unit if necessary.

11. Clean auxiliary water strainer in the chilled water system (oil cooler).

12. Check the oil cooler for proper operation (Chiller 1 thru 3) only.

13. Check wiring connections in control panel, starter panel, magnetic started, inspect contacts.

14. Lubricate vane linkage.

15. Check oil heater, oil pump amperage and temperature setting.

16. Clean terminal board with safety solvent and meg main compressor motor.

17. Remove one condenser end bell and inspect tubes for fouling (with State representative).

18. Log operation and report any defects to the Institution Contract Liaison or designee.

19. Check for excess vibration on chiller units, via vibration analysis.

20. Check all electrical connections of all tracer components, Time Interval Meter (TIM), Pulse Control Modulation (PCM), Thermal Conduction Module (TCM), Secure Copy Protocol (SCP), etc. Coat with antioxidant. Tighten if necessary.

21. Upload PCM based Printer Control Language (PCL) routines and archive.

22. Check components for damage, moisture, vibration, dust, static, etc.

23. Verify correct date and time in PCM. Update if necessary.

24. Check, test and calibrate chiller plant refrigerant monitor system.

25. Pull Primary, Secondary and Condenser Stainers, inspect and clean TSP.

26. Exercise Triple Duty Valve (TDV’s).

27. Perform vibration analysis on the chilled water-cooling towers as follows:

a) Build route in data collector.

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TBB Bid Number C5612146-D

b) Visit job site and collect data.

c) Test bearings using demodulation.

d) Dynamically balance unit to manufacturers or industry standards, if necessary.

e) Upload data, analyze and prepare report.

f) Electronically send report to Institution Contract Liaison or designee.

B. Semi-Annual Services

1. Check evaporator and condenser water pressure drops (adjust if needed).

2. Check all safety and operating controls for proper set points.

3. Check oil and refrigerant levels (approach temperature for refrigerant level).

4. Check wiring connection in control panel and starter panel.

5. High-side leak check with chiller operating.

6. Log operation, and report defects to the Institution Contract Liaison or designee.

C. Eddy Testing Chillers 1 thru 3

1. The condenser for each chiller unit shall be tested every three (3) years.

2. The evaporator for each chiller shall be tested every five (5) years.

3. Provide the Institution Contract Liaison or designee with written test results upon completion of testing.

D. Leak Check Chillers 1 thru 3

1. Perform leak check on condenser and evaporator (with Hyper Watt Pressurizer).

4. REPAIR SERVICE

The Contractor shall provide repair services on an as-needed basis, as requested by the Institution Contract Liaison or designee to keep the equipment fully operational. Repair services shall include but not be limited to installation of parts, replacing of parts, repairing of parts, testing, troubleshooting, and recertification of the system.

Repair services will be paid by CDCR at the Hourly Repair Rate, as specified on the Exhibit B-1, Rate Sheet. Any parts requiring replacement shall be replaced in accordance with the Parts Replacement section listed herein. CDCR reserves the right to increase and/or decrease the number of participating CDCR locations throughout the term of this Agreement.

Any decrease in the number of participating locations will be provided in writing from CDCR and shall result in no cost to CDCR. Any increase in participating locations will be added by Amendment, and services shall be provided at the same rates as the CDCR location in closest proximity (already included in the Agreement), and same terms as identified herein.

Repair services shall be provided within twenty-four (24) hours of first notification by the Institution Contract Liaison or designee (phone or email). The Contractor shall be equipped to provide twenty-four (24) hour support services to the institution. Repair services performed outside of normal business hours must be approved in advance and in writing by the Institution Contract Liaison or designee.

The Contractor shall make every attempt to complete repairs the same working day.