IFB_Package_C5612513-D.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated: August 2024

IFB Page 1 of 101

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

12/24/2024

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

PORTABLE TOILET RENTAL AND MAINTENANCE SERVICES

BID NUMBER C5612513-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 C5612513-D, titled Portable Toilet Rental and Maintenance Services for the California Department of Corrections and Rehabilitation (CDCR), institutions/facilities statewide. Bidders are not required to bid on all locations. See Exhibit E, List of Participating Locations. 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: Justin Jivan California Department of Corrections and Rehabilitation Email address: Justin.Jivan@cdcr.ca.gov Phone: (279) 210-3705

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 in accordance with the Questions and Answers portion of this IFB. See Letters of Inquiry Section for more details.

Sincerely, Justin Jivan Justin Jivan Contract Analyst Master Contracts Unit

IFB Page 2 of 101

BID PACKAGE OVERVIEW

PROJECTED TIMETABLE

FUNDING

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

PROHIBITION ON TAX DELINQUENTS

BIDDER RESPONSIBILITIES & THE BID PACKAGE

BID SUBMITTAL

LETTERS OF INQUIRY

PUBLIC BID OPENING

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

BASIS FOR AWARD

PROTEST AWARD

AGREEMENT EXECUTION

EXTENSION OF TERM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

SMALL BUSINESS PREFERENCE PROGRAM

NON-SMALL BUSINESS PREFERENCE REQUEST

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE

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

AND DVBES

BIDDER PROVIDING FACILITY(IES)

Table of Contents

IFB Page 3 of 101

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)

Sample Service Report (Exhibit A-1)

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 Locations (Exhibit E)

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

California State Institutions Map (Exhibit G)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204)

Supplemental Vendor Payee Data Record Form

Darfur Contracting Act (OBS 1500)

Iran Contracting Act (OBS 1502)

California Civil Rights Laws Certification (OBS 1510)

GenAI Reporting and Factsheet (STD 1000)

Sample Certificate of Insurance

Bidder Declaration (GSPD-05-105)

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

IFB Page 4 of 101

California DVBE Bid Incentive Instructions – Selecting Incentive Option

DVBE Declarations (DGS PD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

IFB Page 5 of 101

Invitation for Bid Contract Bid Number C5612513-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 December 24, 2024

Letters of Inquiry Submission Date January 14, 2025

Submission of Bid January 20, 2025 by 11:00 AM

Public Bid Opening January 21, 2025 at 2:00 PM

Anticipated Date for Commencement of Services

April 1, 2025

Term End Date of Agreement March 31, 2028

FUNDING

This is a Master Agreement in which a separate Purchase Order (PO) will be issued for each participating location. CDCR reserves the right to augment the Agreement dollar amount by 25 - 100% of the total bid amount.

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.

IFB Page 6 of 101

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

NOTE:

1. Any quantities listed on Exhibit B-1, Rate Sheet 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.

4. Bidders are not required to bid on all locations. Bidders may submit for one or more locations. 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.

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

IFB Page 7 of 101 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 C5612513-D – PORTABLE TOILET RENTAL AND MAINTENANCE 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: C5612513-D

ATTENTION: Justin Jivan

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.

IFB Page 8 of 101

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 Justin Jivan, Contracts Management Branch, by email: Justin.Jivan@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 Section.

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.

IFB Page 9 of 101

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.

Bidder / Offeror / Contractor 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 Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

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

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

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

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 location/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, Rate Sheet, 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.

The State intends to award one or more Agreements to the lowest responsible bidder(s). Bidders may submit bids for one or more locations. If a bidder is the lowest bidder for more than one location, all of the locations awarded to that bidder may be incorporated into one Agreement. This determination will be based on what is in the best interests of the State.

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:

IFB Page 10 of 101

"Protest Concerning IFB Number C5612513-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

Email: 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, E, F, and G.

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 be amended when the additional year(s) or additional task(s) were anticipated and evaluated as an option to renew in the IFB.

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

IFB Page 11 of 101 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 Agreement.

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.

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

IFB Page 12 of 101

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.

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

IFB Page 13 of 101 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.

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.

IFB Page 14 of 101

BID SUBMITTAL CHECKLIST

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.

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet (Exhibit B-1) – For the bidder’s convenience, Exhibit B-1, Rate Sheet is an Excel spreadsheet file. The spreadsheet(s) are password protected and cannot be altered, except where highlighted. The bidder will enter figures or amounts into each of the highlighted cells and print the document.

_____ Payee Data Record (STD 204)

_____ Supplement Vendor Payee Data Record Form

_____ Original Contractor Certification Clauses (CCC) – The first page must be signed and submitted prior to the award of the contract.

_____ 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.

_____ Copy of a current California Department of Motor Vehicles (DMV) Motor Carrier Permit, if applicable.

_____ Copy of a current city or county issued Environmental Health Permit and Disposal Site Discharge Permit, as required by the Authority Having Jurisdiction (AHJ).

_____ Darfur Contracting Act (OBS 1500)

_____ Iran Contracting Act (OBS 1502)

_____ California Civil Rights Laws Certification (OBS 1510)

_____ GenAI Reporting & Factsheet (STD 1000)

_____ Bidder Declaration (GSPD-05-105)

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

_____ DVBE Incentive Request (OBS 554), if applicable

IFB Page 15 of 101

BID SUBMITTAL CHECKLIST

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

Copy of any required Certificate(s) of Insurance:

_____ Commercial General Liability

_____ Automobile Liability Insurance

_____ Environmental Liability

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

IFB Page 16 of 101

Bidder Acknowledgement/Certification (OBS 300) 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 Exhibit A, 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 17 of 101

2. The term of this Agreement is:

SAMPLE

IFB Page 18 of 101

Bid Number C5612513-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

1. INTRODUCTION

This is a Master Agreement in which the Contractor shall provide Portable Toilet (Standard) with either an interior or exterior hand washing station, ADA Portable Toilet (Wheelchair Accessible), and Portable Sink Station Rental and Maintenance Services (including service for state-owned equipment). The Contractor will be compensated for services performed in accordance with the applicable rate(s) specified on the Exhibit B-1, Rate Sheet which shall include all labor, personnel, transportation (including travel, per diem, fuel, and mileage), materials, supplies, tools, any necessary equipment, permits, licenses, taxes, fees, shipping/freight charges, and every other item of expense necessary (unless otherwise specified herein) to provide all services identified herein for the California Department of Corrections and Rehabilitation (CDCR) locations identified on Exhibit E, List of Participating Locations.

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 the state. 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.

The State reserves the right to add or substitute equipment similar to the equipment listed on the Exhibit B-1, Rate Sheet and delete equipment that has become obsolete or is taken out of service.

Additional equipment shall be serviced at the applicable rate(s) specified on the Exhibit B-1, Rate Sheet. Quantities and frequencies of services listed on the Exhibit B-1, Rate Sheet are CDCR’s estimates only. CDCR reserves the right to increase or decrease requested services throughout the term of the Agreement. Any increase in the frequency of services will be payable at the applicable rate specified on Exhibit B-1, Rate Sheet. Any decrease in equipment or frequency of requested services shall result in no cost to the State. The CDCR Contract Liaison or designee will notify the Contractor in writing of any equipment that has been added, substituted, and/or removed from the list or of any increase or decrease in the frequency of service needs.

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, and loading/unloading tools and materials (either at the Contractor’s location or the institution/facility) will not be reimbursed by CDCR.

CDCR 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 CDCR Contract Liaison or designee.

2. CONTRACTOR RESPONSIBILITIES

Based on the needs of each institution, the Contractor shall be equipped to provide a Portable Toilet (Standard) with either an interior or exterior portable sink station as per the requesting institution’s requirements, ADA Portable Toilet (Wheelchair Accessible) and Portable Sink Station constructed of polyethylene or fiberglass that are stationary or placed on skids or wheels. The Portable Sink Station amenities must comply with all applicable codes and regulations, including the California Code of Regulations. Handicap accessible portable toilets shall comply with all Americans with Disabilities (ADA) specifications and be able to accommodate wheelchair access.

IFB Page 19 of 101

California Department of Corrections and Rehabilitation (CDCR) Exhibit A

The Contractor shall provide maintenance services (including pump-out and cleaning) to the portable toilets (rented and state-owned) and hand-washing stations at a minimum of twice per week.

Maintenance services for both rented portable toilets and portable sink stations shall be included in the rental rate identified on the Exhibit B-1, Rate Sheet. Maintenance services for state-owned portable toilets and hand-washing stations shall be performed at the Twice-Weekly Maintenance Service Rate identified on the Exhibit B-1, Rate Sheet.

For any substitutions, the Contractor shall confirm in writing that the substituted equipment meets or exceeds the functional requirements and regulatory standards of the equipment being replaced.

Written approval from the CDCR Contract Liaison or designee is required before substitution occurs.

Upon request by the CDCR Contract Liaison or designee, the Contractor shall provide ground stakes to keep equipment upright during times of inclement weather, at no additional cost to the State.

The institution may request to increase/decrease the amount of maintenance services needed.

Maintenance services in excess of the required twice per week shall be performed at the Additional Pumping Service Call-Out (per Unit) rate identified on the Exhibit B-1, Rate Sheet. The institution/facility requesting the additional service shall be responsible for initiating the request and covering the cost, except where a service failure by the Contractor necessitates additional maintenance. Decreased maintenance services shall not affect the identified service rates. There shall be no additional charges to CDCR for the removal of rental equipment. All payments shall be in accordance with the rates specified on the Exhibit B-1, Rate Sheet.

The Contractor shall ensure they are prepared and fully equipped to provide all requested services to each awarded location. The Contractor must demonstrate adequate staffing and resources to ensure that all locations receive timely services. In the event of a failure to perform services within the requested timeframe, the State reserves the right to request the Contractor to assign additional resources, such as subcontractor use, at no additional cost to the State.

Maintenance Service

The Contractor shall pump out all holding tanks of the rented and state-owned equipment identified herein and properly dispose of the waste in accordance with all applicable federal, state, and local laws, rules, and regulations, including the Authority Having Jurisdiction (AHJ).

The Contractor shall keep portable toilets in good, clean, and safe operating condition, including washing all portable toilets inside and out (toilet seat, walls, floor, and ceiling), using Aqua-Kem cleaner or equivalent to ensure proper sanitation. The Contractor shall maintain and restock/refill all paper products (including portable toilets with sanitary napkin dispensers) and soap/sanitizer dispensers, as applicable. The Contractor shall also refill the water tanks for spigots/taps.

The Contractor shall refill each portable toilet to a minimum of ten (10) inches with a mixture of clean water and Aqua-Kem cleaner or equivalent product, with a chemical to water ratio of 20:80. The product used shall be effective in preventing bacteria growth. The Contractor must add deodorizing liquid to each portable toilet tank.

The Contractor shall transport waste to a city/county approved landfill in accordance with the State of California, Environmental Health laws. The Contractor shall be responsible for all associated landfill and disposal fees. The Contractor is responsible to meet all requirements of the Environmental Health Services Department and County Public Works Department of the city/county

IFB Page 20 of 101

California Department of Corrections and Rehabilitation (CDCR) Exhibit A in which the waste removal and disposal takes place, including the AHJ. The State shall not bear any additional costs related to waste disposal, including fees imposed by the city/county, landfill surcharges, environmental assessments, or penalties for improper disposal. The Contractor must comply with all applicable regulations to avoid any fines or penalties.

Any necessary sample analysis or laboratory costs shall be the responsibility of the Contractor.

Copies of analysis reports shall be provided to the respective institution/facility.

Equipment Rental

Portable toilets and sink stations are to be stationary or placed on skids or wheels that shall be delivered to various locations as specified by the CDCR Contract Liaison or designee. Requests by the institution/facility to move/relocate the equipment on the grounds shall be provided at no additional cost to the State.

The Contractor shall deliver and set up each portable toilet and sink station in the designated location. It will be at the discretion of the CDCR Contract Liaison or designee as to whether the Contractor shall deliver the unit(s) inside the perimeter fence or to the institution staff.

The Contractor shall remove all objects from each rental equipment unit that may be considered a weapon before transporting to the institution/facility. The equipment shall be inspected by institution/facility staff upon arrival and before transporting to its final destination. Any such objects found shall be removed and either held by CDCR staff or given to the Contractor.

The Contractor shall provide signs in English and Spanish stating that the “WATER IS NOT

FOR DRINKING.” The signs are to be attached to the outside and above any water taps.

The Contractor shall repair or replace any portable toilet and sink station that becomes inoperable or unserviceable, as requested by the CDCR Contract Liaison or designee.

The rental rate for Portable Toilets shall include an attached interior or exterior hand-washing station based on the needs of the facility. The institution/facility may specify its preference for an interior or exterior station at the time of request, at no additional cost to the State.

3. SCHEDULE

Services shall be provided during the business hours of 7:00 a.m. to 3:00 p.m., Monday through Friday, State holidays excluded, unless specified otherwise by the institution/facility. The Contractor shall provide requested services on the weekdays specified by the CDCR Contract Liaison or designee.

Delivery and pick-up of portable toilets and sink stations shall occur within forty-eight (48) hours’ notice by the CDCR Contract Liaison or designee. Rental equipment that has failed or is inoperable shall be repaired or replaced within twelve (12) hours of notification by the CDCR Contract Liaison or designee. The Contractor shall provide additional portable toilets, ADA portable toilets, and/or portable sink stations on a 1:1 exchange basis for any unit that must be removed from the institution/facility for maintenance and/or repair services.

IFB Page 21 of 101

California Department of Corrections and Rehabilitation (CDCR) Exhibit A

4. RENTAL PERIOD

The rental period shall begin upon delivery of equipment and terminate upon verbal or electronic mail notification from the CDCR Contract Liaison or designee requesting equipment removal.

Daily rental is defined as a twenty-four (24) hour consecutive period or less beginning at delivery and receipt of rental equipment by the CDCR Contract Liaison or designee. Daily rental will be paid as specified on the Exhibit B-1, Rate Sheet. Rental periods in excess of twenty-eight (28) consecutive days will be paid at the monthly rental rate. At no time shall the monthly rental rate be exceeded for rental periods of less than one (1) month.

Monthly rental is defined as a twenty-eight (28) consecutive day period with the first day being the day of delivery and receipt of rental equipment by the CDCR Contract Liaison or designee. Monthly rental will be paid as specified on the Exhibit B-1, Rate Sheet.

For non-emergency rentals, the monthly rental rate specified on the Exhibit B-1, Rate Sheet, shall apply to any rental period up to and including 28 consecutive days. Rental periods shorter than 28 days shall be prorated based on a daily rate calculated as the monthly rate divided by 28. Any rental period exceeding 28 days shall be charged at the full monthly rate for each 28-day period or portion thereof.

5. EMERGENCY SERVICES

The Contractor shall provide emergency delivery of rental equipment within two (2) hours of request by the CDCR Contract Liaison or designee. Emergency deliveries shall be made during business and non-business hours at the Emergency Equipment Rental rate specified on the Exhibit B-1, Rate Sheet.

6. CALL BACK SERVICES

Should the Contractor fail to provide any of the specified services in the prescribed manner, the State may call the Contractor to provide services within four (4) hours, unless otherwise specified, at no additional cost to the State. The CDCR Contract Liaison or designee shall be solely responsible for determining the acceptability of any services provided by the Contractor.

7. DOCUMENTATION REQUIREMENTS

Upon completion of service, the Contractor shall complete an Exhibit A-1, Service Report detailing the services rendered. The Contractor shall ensure that all of the information is properly recorded, and the form is signed by the Contractor and CDCR Contract Liaison or designee. The Service Report shall include the following information:

• Institution/Facility name

• Description of services provided

•…