IFB_S26DOSH006__FINAL.pdf
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- Solicitation number
- S26DOSH006
- Issued by
- California
About this file
This Invitation for Bids (IFB) is issued by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) for gas detection and air sampling equipment calibration and repair services. The procurement seeks a qualified vendor to provide comprehensive calibration and repair services for various types of gas detection and air sampling instruments utilized by Cal/OSHA in the field. The IFB requires bidders to provide pricing for calibration services, repair services, and equipment replacement parts on an as-needed basis over the contract term. The deadline for bid submission is specified in the IFB documents, with award anticipated following evaluation of submitted bids according to established criteria. The contract is anticipated to be a one-year term with potential renewal options for additional one-year periods, subject to mutual agreement and continued funding availability.
Pricing for services must be submitted on a per-unit basis for calibrations and repairs, with hourly rates or fixed fees for labor-intensive services as applicable. Cal/OSHA will utilize this contract to support its occupational safety and health inspection and compliance activities statewide. The contract does not appear to contain specific set-asides for disadvantaged business enterprises, small businesses, or other protected classifications based on the information presented. Funding for this procurement will be provided through Cal/OSHA's annual operating budget. Bidders should be prepared to demonstrate technical qualifications, experience with the specific equipment types referenced, turnaround time capabilities, and quality assurance protocols in their proposals.
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor
INVITATION FOR BID
Notice to Prospective Bidders
IFB No. S26DOSH006 “Gas Detection and Air Sampling Equipment Calibration and Repair Services”
October 16, 2026
You are invited to review and respond to this Invitation for Bid (IFB) No. S26DOSH006, entitled, “Gas Detection and Air Sampling Equipment Calibration and Repair Services.” 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 11/5/2026 no later than 3:00 pm. All bids must be submitted via electronic mail to “Marcela 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 S26DOSH006 [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: sfernandez@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: Marcela Elizabeth Hartsfield Email: mhartsfield@dir.ca.gov CC: sfernandez@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:sfernandez@dir.ca.gov mailto:mhartsfield@dir.ca.gov mailto:sfernandez@dir.ca.gov
Department of Industrial Relations IFB No. S26DOSH006
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
Among the Department of Industrial Relations' (DIR) core responsibilities is ensuring the health and safety of workers and Californians. To achieve this, DIR must certify measurement readings of certain field machinery to determine if it operates within officially designated regulatory parameters. If equipment fails to meet these standards, the owner or operator is subject to citation and must bring the machinery into compliance.
To support these oversight efforts, the DIR is seeking contractors that provide specialized services aiding in the field measurement and certification of this machinery.
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 $490,000.00 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 10/16/2026 10:00AM Deadline for Submission of Written Questions 10/23/2026 10:00AM
Responses to Questions Posted 10/30/2026 3:00 PM
Bid Submission Due / Opening of Bids 11/5/2026 3:00 PM
Opening of Bids via Microsoft TEAMS Join:
https://teams.microsoft.com/meet/2102 90596952931?p=BWT5mlYqVAi7bNL 2k9 Meeting ID: 210 290 596 952 931 Passcode: W62cz2kr Dial in by phone +1 619-407-9860,,998979844#
11/6/2026 2:00 PM
Posting of Intent to Award Notice (Notice is posted for five [5] business days)
11/13/2026 N/A
Estimated Contract Start Date 12/15/2026 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/210290596952931?p=BWT5mlYqVAi7bNL2k9 https://teams.microsoft.com/meet/210290596952931?p=BWT5mlYqVAi7bNL2k9 https://teams.microsoft.com/meet/210290596952931?p=BWT5mlYqVAi7bNL2k9 tel:+16194079860,,998979844 https://caleprocure.ca.gov/
4. The naming convention of the bid must be in the following format: “IFB S26DOSH006
[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’s 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.
mailto:Procurement@dir.ca.gov
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 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 10.
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 and repair services for industrial hygiene and safety equipment. This experience must include at least six (6) of the eleven (11) equipment models listed in Attachment 3, Part B, Calibration. For purposes of this requirement, each manufacturer/model row counts as one model, regardless of the listed quantity. The bidder shall identify the qualifying models and describe its calibration and repair experience for each in 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. The bidder must demonstrate the ability to provide calibration results that are metrologically traceable through a documented, unbroken chain of calibrations to applicable standards maintained by the National Institute of Standards and Technology. To demonstrate this capability, the bidder must submit one of the following:
a. A valid, unexpired ISO/IEC 17025 accreditation certificate and the associated scope of accreditation showing calibration capabilities applicable to one or more equipment types listed in this IFB; or
b. A calibration certificate issued within the past three years for an instrument type listed in this IFB.
http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx
The certificate must identify the calibration results, reference standards used, reference-standard asset or tracking numbers, applicable measurement uncertainty, and the basis for traceability to
NIST.
4. The facility or facilities in which the calibration and repair services will be performed must be located within 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:
https://caleprocure.ca.gov/pages/index.aspx
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 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.
mailto:Procurement@dir.ca.gov mailto:OLSProtests@dgs.ca.gov http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx
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.
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 http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.pd.dgs.ca.gov/ 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 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 The Contractor agrees to provide evaluation, maintenance, calibration, repair services and replacement of parts and accessories.
A. BACKGROUND AND PURPOSE
Among its responsibilities to ensure the health and safety of workers and Californians, DIR uses industrial hygiene and safety instruments to conduct field measurements in support of its workplace-safety responsibilities. DIR requires calibration, evaluation, maintenance, and repair services to ensure these instruments operate within applicable manufacturer specifications and produce reliable results.
B. DETAILED SCOPE OF WORK
1. Contractor agrees to evaluate Draeger gas detection systems and hand pumps, Industrial Scientific gas meters, RAE Systems gas meters, and SKC air sampling pumps sent by DIR to determine if equipment is functioning properly and to provide maintenance, calibration, repair services and replacement of parts and accessories as approved by DIR.
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 in writing.
3. DIR will send equipment that is suspected of not performing properly to Contractor for evaluation and repair.
4. Contractor will evaluate the performance of the equipment to determine if it is operating as intended by the manufacturer.
5. After evaluation, Contractor shall provide DIR with the findings and a written estimate identifying any recommended repair, maintenance, replacement parts, or calibration and the associated charges. Contractor shall not perform work beyond the services already authorized in writing by DIR without additional written authorization. Calibration shall meet the requirements of Section E.
6. Contractor agrees to provide service on instruments including labor, replacement parts, post data certification, and 1 year warranty from the date of service, according to the method described in item number three (3) above.
7. Contractor shall return instruments and any parts authorized for return to DIR, 1555 Doolittle
Drive, Suite #140, San Leandro, CA 94577, or another address designed in writing by DIR. DIR shall provide a prepaid return shipping label. Contractor shall use the provided label and comply with the equipment-shipping requirements in Section H. Equipment-service rates shall exclude return freight and insurance costs paid by DIR.
C. PREVENTATIVE MAINTENANCE
1. Contractor shall perform preventative maintenance services to keep the equipment and its components fully operational with the optimum level of efficiency.
2. Preventative maintenance shall include, but not be limited to: equipment checks, lubrication, cleaning, oiling, adjustments, calibration, alignment, timing, equipment software updates, replacement of parts, filters, and operational testing.
3. Contractor shall perform preventative maintenance services as requested by DIR.
DIR shall ship equipment to the Contractor for preventative maintenance service(s) in accordance with the Shipment of Equipment section.
4. Contractor shall be compensated for actual hours spent performing authorized preventive maintenance at the hourly rate in Exhibit B, Attachment 1, Contractor’s Cost Sheet, Part D.
Calibration shall be billed at the applicable Part B per-instrument rate. Contractor shall not charge preventive maintenance labor for work included in that calibration rate. Approved replacement parts shall be billed separately against the Part E allowance.
5. Contractor shall provide a written estimate to DIR before performing preventative maintenance services. The written estimate must include the total estimate of all charges, including parts, labor, and taxes, for the maintenance. Contractor shall not perform preventative maintenance 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.
D. REPAIR
1. Contractor shall perform repair services as requested by DIR, subject to the agreement’s not-to exceed amount.
2. DIR shall ship equipment to the Contractor for repair services in accordance with the Shipment of Equipment section.
3. Contractor shall perform repair services upon a written request from DIR. Contractor shall provide a service reference number to DIR upon receiving request for service.
4. Contractor shall provide an evaluation and written estimate within five business days after receiving the equipment. Authorized repairs shall be completed within ten business days after written authorization, unless part availability prevents completion. Contract shall promptly notify DIR of any anticipated delay.
5. Contractor shall be compensated for actual hours spent performing authorized repairs at the hourly rate in Exhibit B, Attachment 1, Contractor’s Cost Sheet, Part C. Approved replacement parts shall be billed separately against the Part E allowance. Any separately authorized calibration shall be billed at the applicable Part B per-instrument rate. Contractor shall not charge repair labor for work included in that calibration rate or charge the same labor hours under both repair and preventive maintenance.
6. 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 maintenance. 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.
E. CALIBRATION
1. Contractor shall perform calibration services on the equipment on an as-needed basis.
2. Contractor shall perform calibration services upon a written request from DIR. Contractor shall provide a service reference number to DIR.
3. Contractor shall be compensated at the applicable per-instrument calibration rate in Exhibit B, Attachment 1, Contractor’s Cost Sheet, Part B. That rate shall include the labor, reference standards, calibration gases and incidental supplies used in performing the calibration, routine adjustments required by the calibration procedure, and the calibration certificate or service report.
Calibration gases consumed by Contractor while servicing equipment shall not be billed as cylinder purchases under Part A. Replacement parts and additional repair or maintenance require CALICO’s prior written authorization and shall be billed under the applicable Cost Sheet provisions.
4. DIR shall ship equipment to the Contractor for calibration service in accordance with the Shipment of Equipment section.
5. Contractor shall perform calibration using procedures appropriate to the instrument and consistent with applicable manufacturer specifications. Measurement results shall be metrologically traceable through a documented, unbroken chain of calibrations to applicable NIST standards, with measurement uncertainty documented where applicable. For equipment requiring a manufacturer-specified functional, leak, or flow verification rather than a quantitative calibration, Contractor shall perform and document that verification.
6. Contractor shall provide an electronic calibration certificate or service report for each instrument.
The document shall identify the manufacturer, model, serial number or other unique identifier, service date, procedure used, applicable acceptance limits, as-found results before adjustment or repair, and as-left results after service. It shall identify the reference standards used and their asset or tracking numbers, the basis for measurement traceability, measurement uncertainty where applicable, and the instrument’s pass/fail disposition. If an as-found result cannot be obtained because of the instrument’s condition, Contractor shall document that condition and the reason the result could not be obtained.
7. Contractor shall notify DIR in writing within one business day after identifying an out-of-tolerance condition or inability to complete the requested calibration. The notice shall identify the affected instrument, findings, recommended action, and any additional charges requiring authorization.
Contractor shall not perform additional chargeable work without DIR’s written authorization.
8. Contractor shall complete routine calibration and make the equipment available for return shipment within ten business days after receipt of both the equipment and DIR’s written service authorization, unless DIR approves a different schedule in writing. Contractor shall promptly notify DIR of an anticipated delay, explain the reason, and provide a proposed completion date.
When additional repair or replacement parts are required, Contractor shall obtain DIR’s written approval of the additional work and revised completion schedule.
F. 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 to DIR, prior to replacement.
3. Contractor shall ensure that replacement parts are new, factory manufactured, or of equivalent quality. Consumables and other supply items are hereby excluded.
4. Contractor shall dispose of replaced parts in accordance with all federal, State, city, and county rules and regulations.
G. CALIBRATION GAS CYLINDERS
1. Contractor shall provide calibration gas cylinders on an as-needed basis at the unit prices specified in Exhibit B, Attachment 1, Contractor’s Cost Sheet. Quantities listed in the Cost Sheet are estimates for bid-evaluation purposes only. DIR does not guarantee the purchase of any minimum quantity or type of cylinder.
2. DIR shall submit each order to Contractor in writing. The order will identify the requested gas blend, concentration, balance gas, cylinder size, quantity, and authorized delivery location.
Contractor shall not ship cylinders or incur charges without prior written authorization from DIR.
3. Each cylinder shall be supplied with a full, unused gas charge, properly labeled, and suitable for calibration or performance verification of the applicable gas-detection equipment. At the time of delivery, each cylinder shall have at least 75 percent of the manufacturer’s stated shelf life remaining unless DIR approves a shorter remaining shelf life in writing.
4. Each cylinder shall be accompanied by a manufacturer’s certificate of analysis or equivalent documentation identifying, at a minimum:
a. Gas constituents, concentrations, and balance gas;
b. Certified accuracy or analytical tolerance;
c. Cylinder or lot number;
d. Manufacturing or certification date;
e. Expiration date; and
f. Applicable traceability information.
5. Products identified by manufacturer or item number in the Contractor’s Cost Sheet establish the required performance, composition, and compatibility. Contractor may provide a functionally equivalent product only when it:
a. Contains the same gas constituents, concentrations, and balance gas;
b. Is compatible with the applicable instrument, regulator, valve, and connection;
c. Provides the specified cylinder capacity or a greater capacity;
d. Meets or exceeds the specified accuracy and shelf-life requirements; and
e. Does not exceed the contracted unit price for the corresponding item.
6. Contractor shall obtain DIR’s written approval before providing a substitute product, different cylinder size, different valve or connection, or different gas concentration. DIR may reject any proposed substitution that is not compatible with its equipment or operational requirements.
7. The unit price for each cylinder shall be fully loaded and shall include the cylinder, gas contents, certificate of analysis, packaging, handling, hazardous-material charges, regulatory fees, delivery, insurance, and all other costs necessary to deliver the cylinder to the location authorized by DIR. Contractor shall not separately invoice DIR for freight, fuel surcharges, hazardous-material fees, handling charges, or similar costs.
8. Contractor shall package, label, transport, and deliver all calibration gas cylinders in accordance with applicable federal, State, and local laws and regulations, including applicable United States Department of Transportation requirements.
9. Unless otherwise identified in the Contractor’s Cost Sheet and approved by DIR in writing, calibration gas cylinders shall be nonreturnable and shall become the property of DIR upon delivery. DIR shall be responsible for disposal or recycling of depleted nonreturnable cylinders in accordance with applicable requirements.
10. For each refillable or returnable cylinder authorized by DIR, Contractor shall arrange and pay for retrieval and return shipping, including any required return label and shipping instructions. The contracted cylinder unit price shall include all retrieval, return freight, packaging, handling, hazardous-material charges, insurance, deposits, rental, demurrage, and other associated charges. Contractor shall identify in its bid any cylinder-return requirements or time limits. DIR shall not provide return shipping labels for gas cylinders, and Contractor shall not separately invoice DIR for their return.
11. Contractor shall replace, at no additional cost to DIR, any cylinder that is damaged, leaking, improperly labeled, outside the specified concentration tolerance, incompatible with the authorized equipment, or delivered with insufficient remaining shelf life.
12. Invoices for calibration gas cylinders shall identify the applicable Cost Sheet item number, gas blend, concentration, balance gas, cylinder size, quantity, unit price, delivery location, delivery date, and total extended cost.
H. SHIPMENT OF EQUIPMENT AND DELIVERY OF CALIBRATION GAS
1. DIR shall arrange and pay for shipment of instruments and parts to Contractor for evaluation, calibration, preventive maintenance, or repair. DIR shall arrange shipping insurance or declared-value coverage for the full replacement value of the equipment. Equipment shall be shipped to the following address:
Contractor To be completed upon award
2. For return of instruments and any parts authorized for return, DIR shall provide a prepaid shipping label identifying the carrier and delivery address. DIR shall arrange and pay for shipping insurance or declared-value coverage for the full replacement value. Contractor shall notify DIR when the shipment is ready and provide the package dimensions, weight, and contents needed to prepare the label.
3. Contractor shall package instruments and parts appropriately to prevent damage, use the prepaid label provided by DIR, and provide the tracking number to DIR when the shipment is tendered to the carrier. Contractor shall not use a different carrier, delivery address, or shipping service without DIR’s prior written authorization.
4. Equipment-service rates shall include normal packaging materials and handling but shall exclude freight and shipping insurance costs paid directly by DIR. Contractor shall not separately invoice DIR for shipping performed using a DIR-provided label.
5. Calibration gas cylinders are governed by Section G. Cylinder unit prices shall include delivery and, for returnable or refillable cylinders, retrieval and return shipping and associated charges. DIR shall not provide prepaid shipping labels for calibration gas cylinders.
I. SERVICE HOURS
Normal Business Hours:
All services shall be performed during the normal business hours of 8:00 AM to 5:00 PM (PST), Monday to Friday, unless otherwise specified. Excluded are State of California holidays, as per the California Department of Human Resources.
J. CONTRACT REPRESENTATIVES
The Contract Managers during the term of this Agreement will be:
Agency: DIR Contractor: TBD Attention: Attention:
Address: Address:
Phone: Phone:
Email: Email:
Direct all questions to the Contract Manager. Contract representative may be changed without amendment upon written notification to the other party.
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
A. INVOICING AND PAYMENT
1. For services satisfactorily rendered, upon receipt and approval of an invoice(s) for each completed task and deliverable, the State agrees to compensate the Contractor for costs specified in accordance with Exhibit B, Attachment 1, Contractor’s Cost Sheet..
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
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
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. CONTRACTS FUNDED IN WHOLE OR IN PART FROM FEDERAL FUNDS
1. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability by congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the Agreement was executed after that determination was made.
2. This contract is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal years covered by this Agreement for the purposes of the program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding for this Agreement in any manner.
3. It is mutually agreed that if Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds.
4. The DIR has the option to void the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction of funds.
D. 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.
E. 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…
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