IFB_S26DOSH005_FINAL.pdf

STATE OF CALIFORNIA GAVIN NEWSOM, Governor

INVITATION FOR BID

Notice to Prospective Bidders

IFB No. S26DOSH005 Full Service Calibration Laboratory

July 15, 2026

You are invited to review and respond to this Invitation for Bid (IFB) No. S26DOSH005, entitled, “Full Service Calibration Laboratory.” In submitting your bid, you must comply with the instructions found herein.

This IFB is published online in the California State Contracts Register (CSCR) at https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, interested parties are encouraged to register online at: https://caleprocure.ca.gov.

The Department of Industrial Relations (DIR) deadline for receipt of bids is 8/5/2026 no later than 3:00 pm. All bids must be submitted via electronic mail to “Elizabeth Hartsfield”. Faxed, hand delivered and mailed bids will not be accepted. Bids must be submitted no later than the date and time indicated under Section II. A. Key Action Dates. File size cannot exceed 50 Mega Bytes (MB). The naming convention of the bid must be in the following format: “IFB S26DOSH005 [insert vendor name] Bid.” Bids must be received on or before the date and time specified herein and the email addresses provided below:

EMAIL IFB Bids to:

Procurement@dir.ca.gov Cc: mhartsfield@dir.ca.gov Cc: ksullivan@dir.ca.gov

You are advised that you are responsible for ensuring that your bid is received by the above listed contact person by the time and date required. Any bid reaching the contact person after the deadline date and time will be rejected.

In the opinion of the DIR, this IFB is complete and without need of explanation. However, if you have questions, notice any discrepancies or inconsistencies, or need any clarifying information, the contact person for this IFB is listed below. All questions must be submitted in accordance with the IFB instructions contained herein and sent via email directly to the below listed contact person and not through the Cal eProcure system.

Contact: Elizabeth Hartsfield Email: mhartsfield@dir.ca.gov

CC: ksullivan@dir.ca.gov

We appreciate your interest in this solicitation and hope to receive a bid from you if this is within your area of expertise.

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/ mailto:Procurement@dir.ca.gov mailto:mhartsfield@dir.ca.gov mailto:ksullivan@dir.ca.gov mailto:mhartsfield@dir.ca.gov

Department of Industrial Relations IFB No. S26DOSH005

TABLE OF CONTENTS

SECTION PAGE

I. SCOPE OF WORK

II. BID INSTRUCTIONS AND INFORMATION

A. IFB Key Action Dates B. Submission of Bid C. Bid Submission Withdrawal

D. Bidder Responsibilities E. Minimum Bidder Qualifications F. General Requirements G. Bid Rejection H. Signature I. Bid Opening and Evaluation J. Disposition of Bids K. Selection and Award L. Standard Conditions of Service M. Socio-Economic and Preference Programs N. Darfur Contracting Act Certification O. Russian Sanctions N-6-22 Russia Sanctions P. Generative Artificial Intelligence (GenAI)

DRAFT STANDARD AGREEMENT

Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit B – Budget Detail and Payment Provisions Exhibit B, Attachment 1 – Contractor Cost Sheet Exhibit D – Special Terms and Conditions Exhibit E – Additional Provisions

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Cost Sheet 4 Bidder References 5 Payee Data Record (STD 204)

6. Contractor Certification Clauses (CCC 04/2017)

7. Bidder Declaration (GSPD-05-105)

8. DVBE Bid Incentive Instructions

9. Darfur Contracting Act Certification

10. California Civil Right Law Certification (if applicable)

11. Detailed Response for Minimum Qualifications

12. Statement Regarding Confidentiality and Security

13. Acknowledge of Confidentiality

I. SCOPE OF WORK

Department of Industrial Relations (DIR) has safety engineers and industrial hygienists engaged in enforcement of occupational safety and health regulations in California.

Industrial hygienists and safety engineers need calibrated equipment in order to certify the accuracy of readings from this equipment taken in the field during their enforcement inspections. Documentation of calibration of equipment used in investigations are an essential component of Division of Occupational Safety & Health (DOSH) California/Occupational Safety & Health Act (Cal/OSHA) evidence used in Appeal Hearings during which employers may contest citations.

DIR is seeking one full service calibration laboratory that is able to perform National Institute of Standards and Technology (NIST) traceable calibration services compliant with International Organization for Standardization (ISO) 17025.

The contract term shall be for three (3) years.

More detailed information can be found in the Draft Standard Agreement.

DIRs budget for this project is $750,000.00. Bids exceeding this amount may be deemed non-responsive and ineligible for award.

II. BID INSTRUCTIONS AND INFORMATION

This section contains instructions for the organization and timely submission of your bid.

It also contains the bid requirements and other important information crucial for submittal of a responsive and responsible bid. It is the responsibility of the bidder to carefully read and follow all bid requirements within this Invitation for Bid (IFB). Compliance with the IFB instructions is mandatory for your bid to be considered for award. Failure to comply with the IFB instructions will cause your bid to be deemed non-compliant and non-responsive, thus, ineligible for award.

Please read and carefully follow the instructions listed in the following sections. The instructions are separated by category, each with its own requirements and necessary information for submission of a timely and responsive bid. All requirements and specifications in the IFB must be responded to, and all requested data must be supplied for a bid to be considered responsive.

A. IFB Key Action Dates

Below is the tentative time schedule for this IFB. The DIR reserves the right to modify the IFB and/or change the date and time at its sole discretion, prior to the date fixed for submission of bids, by the issuance of an addendum to all parties who received a bid package.

i. DIR reserves the right to modify or cancel in whole or part, this solicitation.

ii. Clarifications to solicitation will be given only in the form of addenda to all bidders.

Time Schedule Date Time

IFB Posted on Cal eProcure 7/15/2026 10:00AM Deadline for Submission of Written Questions 7/22/2026 10:00AM

Responses to Questions Posted 7/29/2026 3:00 PM

Bid Submission Due / Opening of Bids 8/5/2026 3:00 PM

Opening of Bids via Microsoft TEAMS Join:

https://teams.microsoft.com/meet/2338 90504930012?p=aGb3KbG4uPk4Dqo ZnN Meeting ID: 233 890 504 930 012 Passcode: QG9WP6Gv Dial in by phone +1 619-407-9860,,68781600#

8/6/2026 2:00 PM

Posting of Intent to Award Notice (Notice is posted for five [5] business days)

8/7/2026 N/A

Estimated Contract Start Date 10/14/2026 N/A

Written questions must be submitted via electronic mail by the date and time indicated in Section II.A., IFB Key Action Dates. All written questions received prior to the date indicated for the Written Questions Deadline will be answered in the form of an addendum and posted online at https://caleprocure.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to all parties/participants.

All questions or concerns related to the IFB must be directed electronically to:

Contracts and Procurement Branch

Contact: Elizabeth Hartsfield Email: mhartsfield@dir.ca.gov

B. Submission of Bid

1. All bids RECEIVED by DIR must be submitted electronically and sent to DIR by the date and time shown in the time schedule in Section II. A., “IFB Key Action Dates.”

2. Time of delivery is of the essence and must be adhered to. Any bid received after the due date and time as outlined in the time schedule in Section II.A., “IFB Key Action Dates” will be rejected by DIR as not complying with a mandatory requirement of this IFB.

3. Bids must be submitted no later than the date and time indicated under Section II. A. Key

Action Dates and file size cannot exceed 50 Mega Bytes (MB).

https://teams.microsoft.com/meet/233890504930012?p=aGb3KbG4uPk4DqoZnN https://teams.microsoft.com/meet/233890504930012?p=aGb3KbG4uPk4DqoZnN https://teams.microsoft.com/meet/233890504930012?p=aGb3KbG4uPk4DqoZnN tel:+16194079860,,68781600 https://caleprocure.ca.gov/ mailto:mhartsfield@dir.ca.g mailto:ksullivan@dir.ca.gov

4. The naming convention of the bid must be in the following format: “IFB S26DOSH005

[insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

Procurement@dir.ca.gov CC: mhartsfield@dir.ca.gov

6. Bids received after the date and time shown in Section II.A. “IFB Key Action Dates” will be rejected.

7. Bids are only accepted electronically. Bids received by fax, mail, or hand delivery will be

C. Bid Submission Withdrawal

A bidder may modify a bid after its submission by withdrawing its 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.

D. Bidder Responsibilities

1. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

2. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to DIR. This includes, but is not limited to: delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, any and all travel related expenses incurred in the performance of completing the bid for submittal; or for any other purpose unless expressly included and itemized in the bid solicitation.

3. Prior to submission of bid, bidder shall examine any specifications and instructions or other materials required and included in the bid package to ensure that they meet all the requirements stated in this IFB.

4. It is the bidder’s responsibility to promptly notify the DIR Contract Analyst identified in the solicitation by email, if the bidder believes that the solicitation is unfairly restrictive, contains errors or conflicting language, or needs clarification. Such notification must be submitted no later than 72 hours prior to bid opening date and time. All such correspondence received after the 72-hour deadline will not be considered and deemed ineligible for review and/or response from DIR.

5. Bidder must complete and submit Contractor Cost Sheet, Attachment 3. Submission of this attachment is mandatory. Failure to fully complete and return attachment with your bid will cause your bid to be rejected and deemed non- responsive.

6. References must be provided using Bidder References Form, Attachment 4. Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your bid may cause your bid to be rejected and deemed non-responsive.

7. Bidder must complete and submit to DIR, the Payee Data Record (STD 204), Attachment 5, to determine if the selected bidder is subject to State income tax withholding, pursuant to mailto:Procurement@dir.ca.gov

California Revenue and Taxation Code, Section 18662. Contract payment cannot be made unless a completed STD 204 has been returned to DIR.

8. Bidder is responsible for reviewing, reading, understanding, and complying in full with the State’s General Terms and Conditions along with the Contractor Certification Clauses (CCCs) at: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. The bidder must sign and return CCCs, Attachment 6.

9. Bidder must sign and submit to DIR, the California Civil Rights Laws Certification, Attachment 11.

10. The bidder must be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

11. The bidder must own and operate a legitimate business. If required by law, the bidder must be registered and in good standing with the California Secretary of State. All businesses that are required to be registered with the Secretary of State must be registered prior to date of Agreement award. Evidence of registration shall be submitted with bid.

12. In the event that any license(s) and/or permit(s) expire at any time during the term of this agreement, bidder agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the bidder fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

E. Minimum Bidder Qualifications

The bidder must provide a detailed response, outlining information as to how the bidder meets each of the minimum qualifications listed below. The bidder must provide their detailed response on Attachment 11, Detailed Response for Minimum Qualifications. Bids that do not meet the minimum qualifications may be determined non-responsive and ineligible for award.

1. The bidder must have at least three (3) years of verifiable experience providing calibration of Industrial Hygiene and Safety Equipment from major industry manufacturers. This must include experience in calibrating and repairing a minimum of 50% of the equipment listed in Table 1, Existing DIR equipment. To meet this minimum qualification, bidder must provide proof in the form of a list of calibrated equipment, to be provided on attachment 11.

2. The bidder must have prior service experience with a government agency. Prior experience with a government agency must be listed on Attachment 4, Bidders References.

3. Bidder must provide National Institute of Standards and Technology (NIST) traceable calibration services compliant with ISO/IEC 17025 Calibration Laboratory Standards are eligible to compete in this IFB.

To demonstrate compliance with this standard, the bidder must submit ONE of the following documents with their bid:

• A: A copy of a valid, unexpired ISO/IEC 17025 Accreditation Certificate issued by a third-party accreditation body; OR

• B: A past calibration certificate for an instrument type listed in this IFB, which explicitly states that the calibration is traceable to the NIST and lists the reference standard asset/tracking numbers or traceability IDs used.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

4. The bidder must be located in the United States.

F. General Requirements

1. Insurance Requirements

It is the bidder’s responsibility to provide insurance and endorsements as described in the Draft Standard Agreement, Exhibit D, Special Terms and Conditions, if selected for award.

2. Subcontracts/Subcontractors

If subcontractors are to be used, the bidder must include the description of each person or firm and the work to be done by each subcontractor in Attachment 7, Bidder Declaration.

Subcontractors, if any must be identified and their qualifications.

G. Bid Rejection

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

2. Bids must be completed in all respects as required by the IFB. Each bid will be checked in detail to determine its compliance to the IFB requirements. A bid will be rejected if it is conditional or incomplete, or if it contains any alterations of forms or other irregularities of any kind. If a bid fails to meet any IFB requirements, DIR will determine if the deviation is material; a material deviation will cause rejection of the bid. The State may waive any immaterial deviation in a bid. A non-material deviation (errors in mathematical computation, spelling, etc.) will be examined to determine when the deviation is acceptable. If accepted, the bid will be processed as if no deviation had occurred. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded the agreement. A bid must be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

3. DIR reserves the right to reject any or all bids. The agency is not required to award an agreement. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the State.

4. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, will be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

5. Bids received past the date and time specified in the table in Section II.A., “IFB Key Action Dates,” will be deemed non-responsive and rejected. Under no circumstances will any bids be accepted past the date and time stated in the table. All such bids received past the date and time will not be accepted.

H. Signature

1. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

2. All documents requiring a signature must bear an original or electronic signature of a person authorized to bind the bidding firm and must be duly authorized to sign the contract/agreement if awarded the bid.

I. Bid Opening and Evaluation

1. The bids will be publicly opened and read promptly at the time and place indicated in the

IFB, as stated in the table in Section II.A., “IFB Key Action Dates.”

2. A vendor’s bid must constitute an irrevocable offer for a period of at least 90 days following the scheduled date for contract award and execution.

3. DIR will put each bid through an administrative evaluation process pursuant to the published requirements to determine the bidder’s responsiveness to the IFB.

J. Disposition of Bids

Upon bid opening, all original documents submitted in response to this IFB will become the property of the State of California and DIR and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.).

K. Selection and Award

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

2. Notice of the proposed award shall be posted on Cal eProcure at https://caleprocure.ca.gov/pages/index.aspx for five (5) business days prior to awarding the Agreement.

3. Whenever a contract is awarded under a procedure which provides for competitive bidding, but the contract is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the contract.

4. Prior to award of the contract, bidders may protest the proposed award(s) by filing a notice of protest with DIR and the Department of General Services (DGS), Office of Legal Services (OLS) on the basis that they are the lowest responsible bidder meeting the specifications for the contract.

5. Protest notices should contain full contact information, including an email address, and the IFB number, and must be filed with:

Contracts and Procurement Branch Attention: Manager 1416 9th Street, 13th Floor Sacramento, CA 95814 Procurement@dir.ca.gov

Department of General Services Office of Legal Services Attention:

Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 email address:

OLSProtests@dgs.ca.gov

6. Within five (5) calendar days after filing the notice of protest, the protesting Bidder shall file with DGS, OLS and DIR a detailed written statement specifying the grounds for the protest.

7. The Agreement(s) shall not be awarded until either the protest has been withdrawn or the https://caleprocure.ca.gov/pages/index.aspx mailto:Procurement@dir.ca.gov mailto:OLSProtests@dgs.ca.gov

State has decided the matter.

8. Proposed contractor will receive a fully executed contract with all necessary terms and conditions and exhibits/attachments. Proposed contractor should carefully read the entire contract and be sure to sign contract and all required documents.

9. Such award, if made, will be made within sixty (60) days after opening of bids, if not sooner.

Contract shall be signed by bidder and returned within ten (10) working days of receipt. If lowest responsive, responsible bidder refuses or fails to execute the contract, DIR may award the contract to the next lowest responsive, responsible bidder.

L. Standard Conditions of Service

1. Services shall be available on the express date set by the awarding agency and the

Contractor, after all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

2. All performance under the agreement shall be completed on or before the termination date of the agreement.

3. The State does not accept alternate contract language from a prospective contractor. A bid with such language may be considered a counter proposal and may be rejected. The State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) are not negotiable. The GTC and CCCs are included in the sample agreement attached to this package and may also be viewed at the Internet site: Standard Contract Language under Standard Contract Language.

4. The State does not negotiate rates and/or costs listed on any bid submitted.

5. No oral understanding or agreement shall be binding on either party. Any changes or alterations to the contract/agreement must be in writing and approved by both parties and/or Department of General Services’ Office of Legal Services, if required.

M. Socio-Economic and Preference Programs

1. Disabled Veteran Business Enterprise (DVBE) Incentive (Optional)

This solicitation does not require a minimum amount of DVBE participation. However, you are strongly encouraged to either become certified, if eligible, or to subcontract a portion of the work to a certified DVBE.

If a prime bidder is a certified DVBE or commits to subcontracting with DVBE(s), it may be eligible to receive an incentive provided that the DVBE provides a commercially useful function as defined in California Military Code Section 999(i) and California Code of Regulations, Title 2, Section 1896.71. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration (GSPD-05-105), Attachment 7, and confirmed by the State.

The incentive amount varies in conjunction with the percentage of DVBE participation in accordance with the “California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions,” Attachment 8.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Bidders claiming the DVBE incentive must complete and return the Disabled Veteran Business Enterprise Declarations form (STD 843) found at:

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf.

2. Small Business (SB) or Microbusiness (MB) Preference (Optional)

If bidder is claiming the 5 % certified SB or MB preference or is committing to subcontract 25 % or more of their net bid price to one or more Certified SBs or MBs, complete Bidder Declaration (GSPD-05-105), Attachment 7, and attach a copy of the certification.

Additional References: http://www.pd.dgs.ca.gov

Questions regarding the certification approval process or the Small Business program should be directed to the Department of General Services, Procurement Division at (800) 559-5529 or (916) 375-4940 email: OSDSHelp@dgs.ca.gov . For the 24-Hour Recording & Mail Request call (916) 322-5060.

SB or MB bidders or bidders using the non-SB preference shall be granted a preference consisting of 5 % of the bid price of the lowest responsive bidder that is not a SB.

3. Target Area Contract Preference Act (TACPA)

The TACPA preference will be granted for this solicitation. Bidders wishing to take advantage of this preference will need to review the following website and submit the appropriate response with their Proposal: https://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf.

Bidders seeking to obtain a TACPA preference must complete and submit the TACPA Preference Request, STD. 830, and DGS/PD 526 with their Bid. The STD. 830 and DGS/PD 526 are available to download at the link provided above.

N. Darfur Contracting Act Certification (Mandatory Submittal)

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three years has conducted business activities or other operations outside of the United States. For any contractor that submits a bid or proposal, the contractor must certify that it is either 1) not a scrutinized company; or 2) a scrutinized company that has been granted permission by the Department of General Services. This form must be completed and submitted with your bid. See Darfur Contracting Act Certification, Attachment 9.

O. Russian Sanctions N-6-22 Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

P. Generative Artificial Intelligence (GenAI)

The State of California seeks to realize the potential benefits of GenAI, through the development http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.pd.dgs.ca.gov/ and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.”

DRAFT STANDARD AGREEMENT

(TO BE INSERTED ONCE FINAL)

EXHIBIT A

SCOPE OF WORK

This agreement is entered into by and between the Department of Industrial Relations (DIR or State) and (insert Contractor’s Name or [enter Contractor’s acronym]), hereafter referred to as Contractor. The Contractor agrees to provide evaluation and calibration services.

A. BACKGROUND AND PURPOSE

DIR has safety engineers and industrial hygienists engaged in enforcement of occupational safety and health regulations in California. Industrial hygienists and safety engineers need calibrated equipment in order to certify the accuracy of readings from this equipment taken in the field during their enforcement inspections. Documentation of calibration of equipment used in investigations are an essential component of Division of Occupational Safety & Health (DOSH) California/Occupational Safety & Health Act (Cal/OSHA) evidence used in Appeal Hearings during which employers may contest citations.

B. DETAILED SCOPE OF WORK

Contractor agrees to provide evaluation and calibration, incidental replacement parts and repairs services of major brand name Industrial Safety and Hygiene equipment listed on Table 1 below.

1. Contractor shall inspect Industrial Safety and Hygiene equipment upon receipt to determine that equipment is in adequate condition to perform calibration.

2. Contractor shall be responsible for the care, custody, and control of all equipment from the time of receipt by the Contractor until the equipment is returned to the custody of DIR or the authorized shipping carrier. Contractor shall be liable for loss of, or damage to, equipment occurring while in the Contractor’s possession, custody, or control, except for pre-existing damage documented at the time of receipt or damage attributable to shipping when using DIR-designated carriers.

3. Contractor shall calibrate equipment as recommended by the manufacturer, per their specification, and provide a certificate of calibration to DIR for each piece of equipment services. Each certificate shall include, at a minimum:

a. Instrument manufacturer, model, and serial number or unique identifier;

b. Date of calibration and calibration due date, if applicable;

c. Identification of calibration standards used a statement of traceability to NIST or equivalent recognized standards;

d. Calibration results, including “as found” and “as left” data where applicable;

e. Identification of the laboratory performing the calibration, including accreditation information; and

f. Name or identifier of the technician or authorized representative performing or approving the calibration.

For personal sampling pumps, calibration services shall include flow calibration and verification in accordance with manufacturer specifications. Media analysis and sampling media preparation are excluded from this Agreement.

4. After evaluation, the Contractor shall notify DIR Calico Lab by email with results of the inspection and to inform the DIR Calico Lab of the available options for returning the instruments to a fully operational status. No work shall be performed on the instruments until the DIR Calico Lab has been notified and has given its approval.

5. Contractor shall provide service on instruments including both labor and replacement parts’ providing that approval has been granted by the DIR Calico Lab, in accordance with Item “1” above.

6. Contractor shall return said instruments to the DIR Calico Lab, 1555 Doolittle Drive, Suite #140

San Leandro, CA 94577 or to various shipping addresses authorized by the DIR/ Calico Lab.

Shipping charges to and from the Contractor will be incurred by the DIR Calico Lab’s choice of previously contracted shipping companies.

7. Shipping locations may be specified by DIR and Calico lab. Primary shipping address(s) may be updated by DIR with a written notification.

C. PARTS REPLACEMENT

1. Contractor shall replace any part that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way.

2. Contractor shall notify DIR prior to ordering and/or installing parts. A written estimate of the required part(s) must be submitted to and approved in writing by DIR prior to replacement. The cost of a replacement part shall never exceed the total cost of equipment.

a. Parts Replacement: For parts listed under Parts Replacement in Exhibit B, Attachment 1, Contractor’s Cost Sheet, parts shall be invoiced at the rates plus applicable taxes.

b. Miscellaneous Parts/Consumables:, the charges for parts shall not exceed the Contractor’s wholesale costs, excluding tax, plus 10%. For example, ($100.00 + 10%) + ($100.00 x sales tax). Contractor shall provide copies of receipts for all parts. The cumulative cost for all miscellaneous parts/consumables under this Agreement may not exceed $67,500 per year.

3. Contractor shall ensure that replacement parts are new, factory manufactured, or of equivalent quality.

4. Contractor shall dispose of replaced parts in accordance with all federal, State, city, and county rules and regulations.

5. Parts: Contractor warrants all new and repaired parts for a minimum of twelve (12) months from the date of service performance.

D. MINOR REPAIR

1. Contractor shall perform minor repair services as requested or necessary to return the equipment to a fully operational status.

2. Contractor shall provide a written estimate to DIR before performing repair services. The written estimate must include the total estimate of all charges, including parts, labor, and taxes, for the repair.

3. Contractor shall not perform repair service(s) without DIR’s written authorization. Contractor shall contact DIR to obtain written authorization for all additional expenses not included in the original estimate.

4. Contractor shall be compensated for actual hours worked on repairs at the hourly rate specified in Exhibit B, Attachment 1 – Contractor Cost Sheet.

E. SPECIFICATION REQUIREMENTS

1. DIR personnel will submit equipment to the calibration laboratory listed on the contract with a written packing list detailing any work to be performed (e.g., annual calibration, check-up, repair, etc.). The Contractor will complete the services and return the equipment to DIR Calico Lab.

2. Calibration services shall also include manufacturer successor or functionally equivalent models that replace listed equipment, provided the successor model performs the same primary measurement function and is of comparable complexity. Pricing for successor models shall not exceed the rate of the most comparable listed model unless otherwise approved by DIR/DOSH in writing.

3. Equipment covered under this Agreement is listed in Table 1:

Table 1 – EXISTING DIR EQUIPMENT Manufacturer Model Description

Ashcroft 30-1084-S-02L-200 0-200 psi analog Air Pressure Gauge

CEA Instruments GD888 0-100% CO2 Monitor

Dakota Ultrasonics MX-1 Ultrasonic Thickness Meter

Dakota Ultrasonics MX-3 Ultrasonic Thickness Meter

Dakota Ultrasonics Z-300 Ultrasonic Thickness Meter

Dakota Ultrasonics ZX-1 Ultrasonic Thickness Meter

Draeger X-Act 7000 Single Gas Detection system

Draeger X-am pump X-Act 7000 Gas detection system

ETS/Holaday HI 2200 RF METER

ETS/Holaday E-100 ISOTROPIC E FIELD PROBE

ETS/Holaday H-200 ISOTROPIC M FIELD PROBE

ETS/Holaday E Field Probe (Red) Holaday Electric Field Probe

ETS/Holaday HI 3320 Holaday Datalogger

ETS/Holaday HI-3002 RF Survey Meter

ETS/Holaday M Field Probe (Green) Holaday Magnetic Field Probe

FLIR E8XT IR Camera

OHD Aerofit Fit testing device

Sensidyne/Gilian GilAir Plus Personal Sampling Pump (1-5100 cc/min)

SKC AirChek Touch 220-5000TC (5-5000 ml/min)

SKC XR5000 HF/LF (1000-5000 ml/min)

THOMSON &

NIELSEN TN-WL-02 Radon Meter

TSI Inc./Alnor 800187 air flow probe 18" Air Flow Probe

TSI Inc./Alnor 4146 Calibrator

TSI Inc./Alnor 7565X Qtrak

TSI Inc./Alnor 7575X Qtrak

TSI Inc./Alnor Portacount 8048 Portacount

TSI Inc./Alnor 8530 DusTrack II Desktop

TSI Inc./Alnor 8534 Dustrack DRX

TSI Inc./Alnor 9515 Velocicalc Air Velocity Meter

TSI Inc./Alnor 9525 Velocicalc Air Velocity Meter

TSI Inc./Alnor 9545-A Velocicalc Air Velocity Meter

TSI Inc./Alnor 9565P Velocicalc Air Velocity Meter

TSI Inc./Alnor 964 Air Velocity, temp and humidity Probe Velocicalc

TSI Inc./Alnor 966 Air Velocity Probe Qtrak & Velocicalc

TSI Inc./Alnor 982 CO/CO2 Probe Qtrak & Velocicalc

TSI Inc./Alnor 984 VOC Probe ppb Qtrak & Velocicalc

TSI Inc./Alnor 985 VOC Probe ppm Qtrak & Velocicalc

TSI Inc./Alnor 9880 Anemometer

TSI Inc./Alnor Alnor JR 0-800 Velometer JR

TSI Inc./Alnor 6461 Balometer Balometer

TSI Inc./Alnor EBT 731 Balometer with Stand

TSI Inc./Alnor 634634004 Pitot Tube

TSI Inc./Alnor Portacount 8038 Portacount Pro

TSI Inc. 7585 Q-Trak XP Indoor Air Quality Monitor

TSI Inc. 801401 CO sensor Qtrak XP

TSI Inc. 801399 CO2 sensor Qtrak XP

TSI Inc. 801406 Ozone sensor Qtrak XP

TSI Inc. 801407 TVOC, ppm Qtrak XP

TSI Inc. 801408 TVOC, ppb Qtrak XP

TSI Inc. 801409 Formaldehyde sensor Qtrak XP

TSI Inc. 8525 P-Trak Ultrafine Particle Counter

TSI Inc. AM520i SidePak™ Personal Aerosol Monitor

TSI Inc. EG8 Quest™ Personal Noise Dosimeters

TSI Inc. OBB-S01-M10-S2 OmniTrak Smart Station with Core module

TSI Inc. OMB-M11 OmniTrak Sound Level Meter Class 2 Module

TSI Inc. OMB-M07 OmniTrak Ozone Module

TSI Inc. OMB-M03 OmniTrak PM + VOC (ppm) Module

TSI Inc. OMB-M06 OmniTrak Formaldehyde Module

TSI Inc. OMB-M05 OmniTrak Carbon Monoxide Module

TSI Inc. OMB-M04 OmniTrak VOC ppb Module

TSI Inc. OMB-3001 OmniCount 3001

UVP UVX UV Radiometer

UVP UVX-25 254nm UV Wavelengths

UVP UVX-31 302nm UV wavelengths

UVP UVX-36 365nm UV wavelengths

4. Contractor shall provide the following information in writing within fifteen (15) days of contract execution, and prior to the first shipment of equipment

a. Addresses and contact information for each laboratory location where services will be performed.

b. Hours of operation, which shall include a list of holidays when Contractor is closed for business.

c. Emergency contact phone number and email address when communication is required outside of normal hours of operation.

5. Contractor shall provide a copy of their quality assurance program addressing practices in place at all remote facilities that will be used to assure a high level of quality for the requested services.

6. Contractor shall provide a statement confirming that the laboratory has adequate equipment and competent personnel to perform its testing or calibration tasks.

7. Contractor shall provide a description of the security measures that will be used to protect the integrity and security of the equipment sent to the laboratory. The description must include how the equipment is stored, the type of security used in the area where the equipment is stored, etc. If a piece of equipment is to be calibrated by a sub-contractor, a procedure must be in-place and provided in order to assure that the equipment is transported and tracked properly as if in the care of the prime contractor.

F. NORMAL BUSINESS HOURS

Normal business hours of 8:00 a.m. to 5:00 p.m. (PST), Monday through Friday, unless otherwise specified. Excluded are State of California holidays, as per the California Department of Human Resources.

G. CONTRACT REPRESENTATIVES

The Project Managers during the term of this Agreement shall be:

Agency: California Department of Industrial Relations

Contractor: To Be Inserted Upon Award

Division: Section:

Attention: Attention:

Address: Address:

Phone: Phone:

Email: Email:

Direct all inquiries to the Project Managers.

The parties may change their Project Representative(s) upon providing ten (10) days written notice to the other party’s Project Representative(s). The notifying party shall provide complete contact information for the replacement Project Representative(s) to include the information provided above.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. INVOICING AND PAYMENT

1. For services satisfactorily rendered and upon receipt and approval of the invoice the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B, Attachment 1 – Contractor Cost Sheet, which is attached hereto and made a part of this Agreement.

2. Contractor shall submit one (1) copy of each invoice. Invoice(s) must include the Agreement Number and must be submitted via email monthly in arrears to:

DIR/DOSH Calico Lab Email: TBD upon contract award

Please also submit the invoice cc: TBD upon contract award

3. Invoices shall include:

a. Contractor’s Name

b. Contractor’s Address

c. Agreement Number

d. Invoice Number

e. Date of Invoice

f. Date the request was received

g. Date(s) of scheduled service

h. Applicable rate

i. Total dollar amount of invoice

B. BUDGET CONTINGENCY CLAUSE

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

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

C. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

D. TRAVEL AND PER DIEM

There shall be no reimbursement for travel or per diem.

EXHIBIT B, ATTACHMENT 1

CONTRACTOR COST SHEET

(Contractor Cost Sheet submitted with bid will be included in the final contract)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. EXCISE TAX

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California, local sales, or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

B. SETTLEMENT OF DISPUTES

1. In the event of a dispute, Contractor shall file a “Notice of Dispute” with DIR within ten

(10) days of discovery of the problem. Within ten (10) days, the DIR shall meet with the Contractor and Project Manager for purposes of resolving the dispute.

2. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the DIR Director or designated representative for resolution. The decision of the DIR Director or designated representative shall be final.

3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language.

4. The existence of a dispute not fully resolved shall not delay Contractor to continue with the responsibilities under this Agreement which is not affected by the dispute.

C. POTENTIAL SUBCONTRACTORS

Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

D. STOP WORK ORDER

State reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that State gives Contractor a notice that the Agreement will be terminated. The stop work order will be in effect until the dispute has been resolved or the Agreement has been terminated.

E. TERMINATION

1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement in whole or in part at its sole discretion at any time upon thirty

(30) days prior written notice to Contractor.

2. After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately stop work, regardless of any delay in determining or adjusting any amounts due under this clause.

3. In the case of early termination, Contractor must submit one (1) original and one (1) copy of a final invoice within 30 calendar days upon date of written notice. The final invoice shall cover all unpaid services to termination date, following the invoice requirements of this Agreement. Final invoice shall be submitted to the address listed on Exhibit B, Budget Detail and Payment Provisions.

4. Upon receipt of the final invoice, a final payment will be made to Contractor. This payment shall be for all State-approved costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized (including all non-cancellable commitments) to termination date at the rates set forth in the contract.

F. AMENDMENTS

1. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

2. DIR reserves the right to amend this Agreement through a formal written amendment, signed by the parties, for additional time and/or funding.

G. INSURANCE REQUIREMENTS

1. Commercial General Liability

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy must include coverage for liabilities arising out of premises operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include:

Department of Industrial Relations, State of California, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

This endorsement must be supplied under a form acceptable to the Office of Risk and Insurance Management.

In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, Contractors shall include all subcontractors as insured under Contractor’s insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of Contractor.

2. Automobile Liability times during the term of this Agreement. Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. The policy must include:

Department of Industrial Relations, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

3. Workers’ Compensation and Employers’ Liability times during the term of this Agreement. Contractor shall maintain statutory workers’ compensation and employers’ liability for all its employees who will be engaged in the performance of the Agreement. Employers’ liability limits of $1,000,000 are required.

The policy must include:

When work is performed on State owned or controlled property the Workers’ Compensation policy shall contain a waiver of subrogation in favor of the State.

The waiver of subrogation endorsement shall be provided.

4. General Provisions Applying to all Policies

a. Coverage Term: Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement. The Contractor agrees to provide a new certificate of insurance via email to:

procurement@dir.ca.gov Subject Line: S26DOSH005 – Insurance Certificate

b. Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide to the State within five (5) business days following receipt by Contractor a copy of any cancellation or non-renewal of insurance required by this Agreement. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

c. Deductible: Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

d. Primary Clause: Any required insurance contained in the Agreement shall be primary, and not excess or contributory to any other insurance carried by the State.

mailto:procurement@dir.ca.gov

e. Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

f. Endorsements: Any required endorsement must be physically attached to all requested…