IFB_Solicitation___10117890_-_Dissolved_Gas_Analysis.pdf

IFB #: 10117890

TABLE OF CONTENTS

Notice of State Program Participation Requirements Page 4 Purpose and Description of Services 5 Bidder Minimum Qualifications 5 Bid Requirements and Information 5 Bid Key Action Dates 5

Questions and Answers 6

Submission of Bid 6

Evaluation and Selection Process 7

Tax Delinquent Status Verification 7

Award and Protest 8

Disposition of Bids 9

Standard Conditions of Service 9

Payee Data Record (Std. 204) 9 Key Employee Policies and Guidelines Notice Acknowledgement

- Consultants and Contractors (DWR 9524a)

Economic Incentive Program 9

Small Business Preference Program 10

Non-Small Business Preference Request 11

Non-Small Business Preference Request Form/Instructions 14

Disabled Veteran Business Enterprise Program 16

Bid Checklist 18

Attachment I – Bid Sheet 19

Attachment II - Bid/Bidder Certification Sheet 21

Completion Instructions for Bid/Bidder Certification Sheet 22

Attachment III – Bidder References 23

Attachment IV - Darfur Contracting Act Certification 24

Attachment V – California DVBE Program Requirements (DWR 9526) 25

Attachment VI- DVBE Declarations (Std. 843) 31

Attachment VII – Bidder Declaration (GSPD-05-105) 32

Sample Contract – Standard Contract (Std. 213) 34

Exhibit A – Scope of Work 35

Exhibit B – Budget Detail and Payment Provisions - Private Entities 40

Exhibit C – General Terms and Conditions 41 Exhibit D – Special Terms and Conditions for Department of Water Resources –

Over $5,000 Standard Payable (DWR 9544)

Attachment 1 – Recycled Content Certification Form (DWR 9557) 45

Exhibit E – Additional Provisions 47

Attachment 1 – Protection of Confidential and Sensitive Information 51

Attachment 2 – Non-Disclosure Certificate 53

Attachment 3 – DVBE Activity Report Form (DWR 9553) 54 Attachment 4 – Small Business/DVBE Subcontractor Payment Certification

(DWR 9683)

NOTICE OF STATE MANDATED SB/DVBE PROGRAM

PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

DWR has determined that Bidders responding to this solicitation must comply with DVBE Program requirements. Instructions for completing DVBE program requirements are found in Attachment V, DVBE Program Requirements (DWR Form 9526). Please review these instructions carefully. Failure to fulfill the DVBE requirement will render your bid non-responsive and will be cause for bid rejection.

This solicitation also contains DVBE Incentive language within Attachment V. The DVBE Incentive offers bidders an incentive calculation when they include DVBE subcontractors in their bid efforts. Application of the Incentive may place the bidder in line for bid award. Minimum incentive applied will be three percent (3%), not to exceed five percent (5%).

Please review DVBE Incentive Language and form contained within this solicitation for additional information.

Small Business Program Information

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the Department of General Services, Office of Small and DVBE Business Services (OSDS) by the bid due date before the close of business. Bidders seeking small business certification status must also notify DWR in writing at the time of bid submission that they have an application for Small Business certification for review and approval at the DGS/OSDS.

Contact the DGS/OSDS at internet website http://www.dgs.ca.gov/pd/Programs/OSDS.aspx or call

(916) 375-4941 or (916) 375-4400 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact DWR’s SB/DVBE Program Manager at (916) 653-9813, or email SB.DVBE@water.ca.gov http://www.dgs.ca.gov/pd/Programs/OSDS.aspx mailto:SB.DVBE@water.ca.gov

A. Purpose and Description of Services

DWR is requesting bids for the off-site laboratory analysis of insulating and lubricating oils. All work under this contract will be completed in accordance with the attached Scope of Work (SOW) and with all other documents required in this bid package. See Exhibit A, Scope of Work, for a complete description of services.

B. Bidder Minimum Qualifications

Each bidder must have a minimum of five (5) years of experience analyzing oil samples in accordance with established performance standards and measures of American Society for Testing and Materials

(ASTM).

Each bidder must have a valid Certificate of Accreditation for IS O/IEC 17025 (International Organization for Standardization) from one (1) of the following four (4) ISO/IEC 17025 accrediting agencies.

1. Laboratory Accreditation Bureau http://www.l-a-b.com/

2. ANSI-ASQ National Accreditation, Inc. http://www.aclasscorp.com/

3. Perry Johnson Laboratory Accreditation, Inc. http://www.pjlabs.com/

4. American Association for Laboratory Accreditation https://www.a2la.org/

Each bidder must have a Quality Assurance/Quality Control (QA/QC) program that follows Environmental Protection Agency (EPA) guidelines at a minimum. The QA/QC program will be an on-going program and all data, will be available to the State on request. Contractor will comply with and follow the contents of their QA/QC manual in performing insulating and lubricating oil analysis. The State reserves the right, upon written notification, to inspect the laboratory QA/QC program whenever deemed necessary.

Bidders must have the capability to transfer all test data to DWR in electronic format (e.g. Adobe PDF).

Each bidder must have personnel qualified to perform the work set forth in Exhibit A, SOW.

DWR may conduct an on-site inspection of the apparent lowest bidder’s laboratory prior to awarding the contract to ensure they have sufficient experienced personnel and that the facility has the minimum required equipment to perform the work orders. The contract will be awarded to the lowest responsive and responsible bidder who meets the minimum requirements as outlined in Section B above.

C. Bid Requirements and Information

1. BID KEY ACTION DATES

All bidders must adhere to the following time schedule.

IFB available to prospective bidders on March 8, 2016 Technical questions must be submitted by March 15, 2016 5:00 p.m. (PST) Answers to technical questions will be disseminated by March 22, 2016 5:00 p.m. (PST) Bids must be received by April 11, 2016 3:00 p.m. (PST) Bid opening to be held on April 12, 2016 at 10:00 a.m. (PST) Anticipated start date of contract is June 1, 2016 http://www.l-a-b.com/ http://www.aclasscorp.com/ http://www.pjlabs.com/ https://www.a2la.org/

2. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to nicole.robinson@water.ca.gov and received by DWR on or before 5:00 p.m. (PST) on March 15, 2016. DWR’s representatives will provide answers in writing to all potential bidders by 5:00 p.m. (PST) on March 22, 2016.

3. SUBMISSION OF BID

a. Bids must be submitted by mail, hand delivery, UPS, express mail, or Federal Express to:

Department of Water Resources Attn: Nicole Robinson

Division of Operations & Maintenance 1416 Ninth Street, Room 605 Sacramento, California 95814

b. All bids must include original signatures on the following documents: Bid Sheet, Bid/Bidder Certification Sheet, and any other documents specified in this IFB.

c. Bids not including the documents identified in the Bid Checklist will be deemed non-responsive and will be rejected.

d. All bids are to be sent to DWR by the date and time indicated in the Key Action Bid Dates. Bids received after the due date and time will be returned unopened to the prospective bidder.

e. All bids must be submitted under sealed cover. The sealed cover must be plainly marked with the IFB title and number, must show your firm’s name and address, and must be marked with

“DO NOT OPEN.”

f. Bids not submitted under sealed cover will be rejected. A minimum of two (2) original signed bids must be submitted. Both bids must be submitted in the same envelope.

g. Bids must be submitted for the entire service described within the Scope of Work. Deviations from the specifications will not be considered and will be cause for rejection of the bid.

h. DWR does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State of California’s General Terms and Conditions (GTC) are not negotiable.

i. A bid may be rejected if conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. DWR may waive any immaterial deviation in a bid. DWR's waiver of immaterial defect will in no way modify the IFB document or excuse the bidder from full compliance with the objectives if awarded the contract. DWR may reject all bids if deemed necessary.

j. Costs for developing bids and preparation of award of the contract are entirely the responsibility of the bidder and will not be chargeable to DWR.

k. This IFB must be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

l. A bidder may only modify a bid after its submission by withdrawal and resubmission before the bid due date. Modification of a bid offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw their bid by submitting a written request to DWR for its withdrawal, signed by the bidder or an agent authorized in accordance with paragraph (k) above. A bidder may thereafter submit a new bid before the bid submission deadline. Bids may not be withdrawn after the bid due date. Bids received after the due date and time will be returned unopened to the prospective bidder.

n. DWR may modify the IFB prior to the date fixed for submission of bids by the issuance of an Addendum to all parties who received a bid package.

o. If all bids are too high, DWR is not required to award a contract.

p. Bids will be opened at the following address:

California Natural Resources Building Department of Water Resources 1416 9th Street* Sacramento, California 95814

*Note: Room to be specified and posted at location, day of bid opening.

q. Bidders are cautioned not to rely upon DWR during the evaluation to discover and report all defects and errors in the bid documents. Bidders should carefully proofread documents for errors and adherence to the IFB requirements prior to the bid submittal.

r. Where applicable, the bidder should carefully examine the worksite and specifications. The bidder will investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the contract amount will be made due to the failure by the bidder to thoroughly examine the worksite and specifications.

4. EVALUATION AND SELECTION PROCESS

a. DWR will put each bid through a process of evaluation to determine the responsiveness of bidders to meet DWR's needs. The final selection will be made on the basis of the lowest responsive and responsible bid meeting the specifications.

b. Bids containing false or misleading statements or providing references that do not support an attribute or condition claimed by the bidder may be rejected. If, in the opinion of DWR, information was intended to mislead DWR 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.

c. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

d. The contract will be awarded to the lowest responsive and responsible bidder after consideration of any applicable preferences. If there are tied bids, representatives of DWR will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two

(2) or more State employees.

5. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012, the State of California Public Contract Code 10295.4, requires State agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, DWR will verify that all bidders and identified subcontractors are not listed as tax delinquent by the Franchise Tax Board and the Board of Equalization. Any bidder or subcontractor listed as tax delinquent will result in a bid rejection and will not be considered for contract award. Bidders wanting further http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=10001-11000&file=10295-10299 clarification can refer to the statute above or to the web sites listed below for additional information.

Board of Equalization – Top 500 Sales Tax and Use Delinquencies http://www.boe.ca.gov/cgi-bin/deliq.cgi

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml

6. AWARD AND PROTEST

A bidder may protest the award of a contract on the grounds that it (the bidder) is the lowest responsive and responsible bidder meeting the specifications and should therefore be awarded the contract.

A protestant must be able to prove that the awarding agency has committed a material error in the conduct of the bid award process.

Public inspection of all bids will be allowed after the bid opening.

Protests must be received in a timely manner pursuant to Public Contract Code Section 10345, as applicable. In order to be considered timely, a protest must be filed with the State Agency conducting the solicitation and the Department of General Services before the contract award is made.

Please note that if the award will be made to other than the low bidder, any protests must be filed within five (5) business days of notice to the low bidder that the contract was awarded to another bidder. If a written request was submitted by a bidder to DWR requesting that a notice of intent to award be posted, the protest must be filed during the five (5) business days the notice is posted.

Within five (5) business days of filing the protest, the protestant must submit a detailed written statement of protest if the original protest did not contain the complete grounds for the protest.

Both the original protest and/or the detailed statement of protest, if any, must include the IFB number, the name of the State Agency conducting the solicitation (DWR), DWR’s contact person, and protestant’s fax number, if any.

The protest documents may be sent by regular mail, fax, courier, or personal delivery to:

Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor

West Sacramento, California 95605

OR

Fax: (916) 376-6226

AND

Department of Water Resources Attention: Contract Services Office

1416 Ninth Street, Room 353 Sacramento, California 95814

OR

Fax: (916) 657-4239 http://www.boe.ca.gov/cgi-bin/deliq.cgi https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml

Upon receipt of the protest, the Department of General Services (DGS) will send the protestant an acknowledgement letter and thereafter communicate with the parties regarding further disposition of the protest.

7. DISPOSITION OF BIDS

Upon bid opening, all documents submitted in response to this IFB will become the property of DWR and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and are subject to review by the public. Bids may be returned at the request and expense of the bidder.

D. Standard Conditions of Service

1. Service(s) will not commence until the contract is fully executed and all approvals have been obtained.

2. All performance under the contract will be completed on or before the termination date of the contract unless this contract is amended to extend the term.

3. No oral understanding or agreement will be binding for either party.

E. Payee Data Record

1. Contractor awarded this contract must have completed and submitted form STD 204, Payee Data Record, to determine if Contractor is subject to a seven percent (7%) State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment will be made unless the Payee Data Record form has been completed and returned to

DWR.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contactors)

The selected contractor awarded this contract must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment, These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Economic Incentive Program

Bidders may be eligible for additional preferences when their place of business is located within certain economic regions and when they hire persons living and working within those economic regions.

Please access the following links to read information about these economic incentive programs.

TACPA CONTRACT PREFERENCE

This solicitation contains Target Area Contract Preference Act (TACPA) preference request forms.

Please carefully review the forms and requirements. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid.

DWR, as part of its evaluation process, reserves the right to verify, validate, and clarify all information contained in the bid. This may include, but is not limited to, information from bidders, manufacturers, subcontractors and any other sources available at the time of the bid evaluation. Bidder refusal to agree to and/or comply with these terms, or failure to provide additional supporting information at DWR's request may result in denial of preference requested.

Contracts awarded with applied preferences will be monitored throughout the life of the contract for compliance with statutory, regulatory, and contractual requirements. DWR will take appropriate corrective action and apply sanctions as necessary to enforce preference programs.

a. TACPA Preference Request (STD 830): http://www.documents.dgs.ca.gov/osp/pdf/std830.pdf

b. Bidder’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf

c. Manufacturer’s Summary of Contract Activities and Labor Hours:

http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

Any questions regarding the TACPA preference should be directed to the Department of General Services, Procurement Division at (916) 375-4609.

H. Small Business Preference Program

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.) requires that a fair share of DWR’s purchases and contracts for goods, information technology services and construction be placed with a certified small business or micro-business. The Act mandates that State agencies:

a. Establish participation goals,

b. Provide a five percent (5%) small business calculation preference, and

c. Provide the opportunity for bidders to receive a five percent (5%) non-small business calculation preference when achieving twenty-five percent (25%) small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference offers certified small businesses and micro-businesses a calculation preference in the amount of five percent (5%) of the lowest responsive and responsible bid submitted by a bidder who is not a certified small business. The small business preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid.

DWR will grant small businesses a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a. Includes in its bid a notification to DWR that it is a small business or that it has submitted to the DGS/OSDS a complete application no later than 5:00 p.m. (PST) on the bid due date, and is subsequently certified by the Department of General Services as a small business;

and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Bidders having pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid time frame should contact DGS/OSDS to request an expedited review/approval of their application in order to be considered for the small business preference during the evaluation of this bid.

http://www.documents.dgs.ca.gov/osp/pdf/std830.pdf http://www.documents.dgs.ca.gov/pd/edip/bidsum526.pdf http://www.documents.dgs.ca.gov/pd/dispute/mfgsum525.pdf

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify DWR in writing at the time of bid submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small Business and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business bidders will be granted a five percent (5%) non-small business preference on a bid evaluation when a responsible non-small business has agreed to subcontract at least twenty-five percent (25%) of their bid price with a California certified Small Business and if the non-small business bidder’s bid is not the low price bid, or when a proposal has not been ranked as the highest scored bid pursuant to the evaluation of the solicitation. Responding bidders must:

a. Include in its bid a notification to DWR that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more California certified small business(s),

b. Submit a timely bid as specified in the bid document,

c. Be determined to be a responsive, responsible bidder, and

d. Identify the California certified small business(es) it commits to subcontract with. The bidder will list certified small business subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. CALCULATING NON-SMALL BUSINESS PREFERENCE

The non-small business calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the non-small business preferences will be awarded at the bidder’s original bid price. The preference will be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000 Bidder B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250

Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award will go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event will the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed fifty thousand dollars ($50,000), and in no event will the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed one-hundred thousand dollars ($100,000).

The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed contract. When a certified small business is the lowest responsive, responsible bidder, then there is no need to compute the small business preference as the small business is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4). Selected firms must perform a “commercially useful function” relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14847(d)(4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a “commercially useful function” if that person or entity does all of the following:

a. Is responsible for the execution of a distinct element of the work of the contract.

b. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

c. Performs work that is normal for its business services and functions.

d. Is not subcontracting portions of the work that is greater than what is expected by normal industry practices.

e. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment

f. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. BIDDER COMMERCIALLY USEFUL FUNCTION REQUIREMENTS

DWR will determine, to the best of its ability, that your firm meets the criteria above for “commercially useful function” (CUF). In responding to this solicitation, you are confirming that, under Government Code 14837 Section 1(d)(4) above, your business provides goods and/or services that meet the definition of “commercially useful function”. All bidders are required to provide CUF documentation using the attached State’s Bidder Declaration Form GSPD-05-105, Attachment VII, included in the solicitation document. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Any bidder awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless DWR agrees to a substitution.

9. PENDING SMALL BUSINESS CERTIFICATION

If your firm is currently seeking small business certification for small business preference related to this solicitation, you must have: 1) notified DGS/OSDS that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in relation to the solicitation, 2) provided DGS/OSDS with the bid Key Action Dates page from the bid itself, and 3) must have submitted a complete application with all required forms and documentation to DGS/OSDS for review and approval by close of business of the Bid Submittal due date.

Notify DWR’s representatives if, at the time of bid submission, your firm has a pending small business application with the DGS/OSDS. State representatives will verify your certification is pending or has been approved.

Non-Small Business Preference Request Form

In accordance with The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.), you have selected, and mutually agreed, to partner with a certified Small Business sub-contractor to provide commodities or services related to the performance of the requested services identified in this IFB Solicitation.

With the submission of the Non-Small Business Preference Request Form, you are requesting the non-small business calculation be applied to your bid during bid evaluation when applicable. The non-small business calculation is for evaluation purposes only. Awards made as a result of the non-small business calculation will be at the bidder’s original bid prices.

The Department of Water Resources has identified a Small Business participation level of 25% for this contract effort. As the Prime Contractor, you agree to sub-contract 25% as indicated in Section A below. The calculation preference given will not exceed 5%, with a maximum preference of $50,000. This form must be signed by individual entities with legally binding authority to do so.

SECTION I

PART A - NON-SMALL BUSINESS INFORMATION

Bidder Instructions Complete Section I, Part A, Certified Non-Small Business Bidder Information Identify the response deadline date in Section II Fax or Mail this form to the Certified Small Business to have Section II completed and returned You must include the completed Non-Small Business Certification Information Sheet and a copy of the Small

Business’s DGS/OSDS Certification Letter with your bid submittal.

Company Name: FEIN#

Street Address:

City State Zip Code

Telephone Number: Fax #:

PART B – Services/Commodities to Be Provided by the Small Business Partner:

PART C - As the Non-Small Bidder I agree to subcontract twenty-five percent (25%) to the Certified Small Business Contractor identified in Section II.

Authorized Non Small Business Name (Printed) Authorized Non Small Business Signature

SECTION II –CERTIFIED SMALL BUSINESS INFORMATION

PART A - Certified Small Business Contractor; please complete the information below and return this form to the Non-Small Bidder by: ____/_____/_____.

You must include a copy of your DGS/OSDS certification with your response.

Company Name: FEIN

Street Address:

City State Zip Code Telephone Number: Fax #:

OSDS Certification No.: Certification Expiration D _______/_______/_______ PART B - I understand the above Non-Small Bidder is responding to the Department of Water Resources Solicitation No. ___________.

I agree to provide subcontractor services to the Non-Small Bidder as identified in Section A.

Authorized Certified SB Name (Printed) Authorized Certified SB Contractor Signature

NON-SMALL BUSINESS PREFERENCE REQUEST INSTRUCTIONS

DWR encourages Non-Small Business (NSB) firms to take advantage of the opportunity offered for a preference calculation by partnering with a California Certified Small Business. In doing so, the resulting preference calculation applied may result in the award of the bid when all other technical specifications and bid requirements are met. Application of the NSB preference cannot be used to displace an already certified small business low bidder.

If you elect to partner with a small business, the Non-Small Business Preference Request Form must be completed in its entirety and included with your bid submission.

RESOURCES

1. Determine the type of service or services to be subcontracted.

2. If you do not already know of a contractor, or contractors, contact the DGS/OSDS website to conduct a search of certified firms. A listing of DWR’s certified small business firms may be found at:

http://www.bidsync.com/DPXBisCASB

3. Select and contact the certified Small Business firm, or firms you’ve identified to discuss partnering opportunities.

4. Contact the DWR Small Business Program Manager for additional assistance with locating certified small businesses if you need assistance. The manager may be reached at (916) 653-9813.

COMPLETING THE FORM

When a contract to partner is reached, the Non-Small Business Preference Request Form must be completed and signed by both parties.

1. Section I, Part A - Complete the Non-Small Bidder (your firm) business information.

2. Section I, Part B – Identify the services to be performed by the certified small business.

3. Section I, Part C – Identify the small business participation commitment level. You must include the participation percentage information. If no or less than twenty-five percent (25%) commitment level is indicated, the preference calculation will not be applied when DWR evaluates the bids.

4. * Print and sign Section I, Part C (must be signed by individual authorized to do so) before sending it to the small business firm for their information.

5. Section II, Part A – Identify the Small Business response needed date.

6. Fax the form to the Small Business contractor to be completed and signed. Include instructions for SB firm to provide their small business certification. Certification must be current at the time of bid due date.

7. Review the form for completeness. Be sure it includes all the required information.

8. Include the Non-Small Bidder Preference Request Form and the DGS Small Business Certification letter with your bid response to DWR.

(*)This assures that both the Non-Small business bidder and the Small Business will each have a signed copy of the form.

http://www.bidsync.com/DPXBisCASB

H. Disabled Veteran Business Enterprise Program

This solicitation includes DVBE program requirements. Please refer to DWR Form 9526, Attachment V for instructions about program documentation and compliance.

1. DWR ADVOCATE PRE-REVIEW OF DVBE DOCUMENTATION

DWR’s DVBE Advocate offers a pre-review of a bidder’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, DWR strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program requirements.

Upon satisfactory review of the firm’s DVBE documentation, DWR’s DVBE Advocate issues a Notification of Compliance. To request a pre-review of your DVBE documentation, please fax the documentation to the attention of:

SB/DVBE Program Manager Fax: (916) 654-6511

Voice: (916) 653-9813 Email: SB.DVBE@water.ca.gov

2. DVBE INCENTIVE PROGRAM

Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive and responsible bidders the opportunity to receive additional incentive calculations. The incentive is applied at the time of solicitation evaluation when a proposing firm identifies and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract. Application of the DVBE Incentive may place the bidder in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

b. DVBE Incentive participation is at the discretion of the bidder and is optional when overall DVBE program requirements are exempt by DWR for that solicitation.

c. When requesting the Incentive application, a bidder must complete and return the DVBE Incentive Application Request included within this solicitation with their proposal at the time of submission.

d. Services or commodities provided by the DVBE firm must meet the definition of a “Commercially Useful Function” as defined under Military and Veterans Code 999 (B)(i)(ii) and under California Code of Regulations 1896.71(l). A DVBE firm determined as not meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive application.

3. DVBE INCENTIVE OPTION VS. DVBE PROGRAM REQUIREMENTS

a. DWR may formally exempt a solicitation from California DVBE Program requirements, and still be required to include the DVBE Incentive when DWR has not met DVBE program goals two (2) of the previous three (3) fiscal years. Bidders should review the IFB closely to determine if the California DVBE Program requirement is included in the solicitation language.

mailto:SB.DVBE@water.ca.gov

b. When a solicitation includes California DVBE Program requirements, compliance is not optional and must be met by the bidder. Firms failing to comply with DVBE program requirements, when part of the solicitation, will have their proposals rejected.

4. ORDER OF EVALUATION

For purposes of evaluation, first Small Business preference will be applied, followed by the DVBE Incentive calculation.

BID CHECKLIST

Please review the following checklist for a list of documents that must be returned with your bid package. A minimum of two (2) original signed bids must be submitted in the same envelope. Please read the State of California’s General Terms and Conditions (GTC) before signing and submitting your bid package. DWR does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The GTC’s are not negotiable. Unless otherwise noted, failure to include the required documents will be cause for bid rejection.

DOCUMENTS REQUIRED WITH SUBMISSION OF BID

Attachment I - Bid Sheet (must have original signature and include all pages) Attachment II –Bid/Bidder Certification Sheet (must have original signature) Attachment III – Bidder References Attachment IV – Darfur Contracting Act Certification

(Submit only if your company has had any business activities or other operations outside of the United States within the previous three years.)

Proof of five (5) years of experience analyzing oil samples in accordance with established performance standards and measures of ASTM (to be provided on Attachment III – Bidder References).

Valid Certificate of Accreditation for International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 17025 from one (1) of the following four (4) accrediting agencies: http://www.l-a-b.com/, http://www.aclasscorp.com/, http://www.pjlabs.com/, https://www.a2la.org/

A copy of Quality Assurance/Quality Control procedure(s), which follow the EPA guidelines at a minimum.

SMALL BUSINESS PROGRAM

Small Business Certification from Department of General Services/Office of Small Business and DVBE Services(DGS/OSDS) when prime firm is SB or MB certified

Non-Small Business Calculation Preference Request Form (required when prime is requesting Non-Small Business preference consideration)

Current Small Business Certification for proposed SB subcontractor (must accompany a bidder’s Non-Small Business Preference request)

DVBE PARTICIPATION PROGRAM

If you are a prime firm, DVBE-certified, you must complete and return: DGS OSDS DVBE certification, Std. 843, the DVBE Declaration; the GSPD-05-105 Bidder Declaration.

Attachment V, Bidder Certification of DVBE Participation (DWR 9526) DVBE firm certification from Office of Small Business and DVBE Services(OSDS) when prime firm is DVBE certified) Attachment VI, DVBE Declaration (Std. 843) Attachment VII, Bidder Declaration (GSPD-05-105) Current DVBE Subcontractor Firm Certification from DGS OSDS DVBE Program Manager’s Notification of Compliance (if obtained in advance from the

DVBE Manager)

ADDITIONAL STATE MANDATED PREFERENCE PROGRAMS

Required only when the bidding firm claims following:

Target Area Contract Preference Act (TACPA) (Std. 830)

DOCUMENTS REQUIRED UPON CONTRACTOR SELECTION/BID AWARD

These documents are not required at the time of bid submittal; however these documents will be required of the awarded firm upon contractor selection/bid award.

Contractor Certification Clauses (CCC 307) (CCC must be signed once a contractor has been selected)

Certificate(s) of Insurance (Refer to Exhibit E – Additional Provisions) Payee Data Record (Std.204) http://www.l-a-b.com/ http://www.aclasscorp.com/

ATTACHMENT I

BID SHEET

The individual "Per Unit Test Price" will be determined by multiplying the “Frequency Factor” by its associated "Bid Price Per Test". (Col. 1 x Col. 2 = Col. 3) The "Total Per Unit Test Price" will be the sum of the individual "Per Unit Test Price" values and will be used for bid evaluation. Bid amount will include all costs associated with picking up the samples from and returning clean sample containers and reports to DWR.

The Per Unit Test Price indicated below will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual Bid Prices Per Test quoted below by the bidder will be binding for the term of the contract.

The bidder hereby agrees to provide all labor, materials, licenses, permits, transportation, and travel and per diem necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work.

The rates listed on this Bid Sheet will include every item of expense, direct and indirect, including taxes incidental to the specified rates.

The bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by DWR to mean that the bidder indicating a zero dollar ($0.00) amount will perform any such services, up to and including the quantity indicated, at no cost to DWR.

This Bid Sheet will be referred to as Exhibit B, Attachment 1 in the final contract.

No.

Test Description

Method

(1)

Frequency Factor

(2)

Bid Price Per Test

(3)

Per Unit Test Price

1 Dissolved Gas Analysis ASTM D-3612 0.8 $ $

2 DGA – 24-hour Emergency Service ASTM D-3612 0.1 $ $

3 Metals in Oil – Insulating Oil ASTM D-7151 0.1 $ $

4 Metals in Oil – Lube Oil ASTM D-7151 0.8 $ $

5 PCB Concentration ASTM D-4059 0.4 $ $

6 Interfacial Tension ASTM D-971 0.4 $ $

7 Color Number ASTM D-1500 0.4 $ $

8 Dielectric Breakdown ASTM D-1816 0.4 $ $

9 Specific Gravity ASTM D-1298 0.4 $ $

10 Specific Gravity ASTM D-4052 0.4 $ $

11 Refractive Index ASTM D-1807 0.1 $ $

12 Moisture in Oil ASTM D-1533B 0.8 $ $

13 Acid Number ASTM D-974 0.4 $ $

14 Viscosity ASTM D-445 0.4 $ $

15 Particle Count ASTM D-6786 0.8 $ $

16 Visual Exam ASTM D-1524 0.4 $ $

17 Sediment Exam ASTM D-1524 0.4 $ $

18 Power Factor @ 25 oC ASTM D-924 0.4 $ $

19 Power Factor @ 100 oC ASTM D-924 0.4 $ $

20 Oxidation Inhibitor ASTM D-2668 0.1 $ $

21 Furanic Compounds ASTM D-5837 0.1 $ $

22 Corrosive sulfur ASTM 1275B 0.1 $ $

23 Sulfur Hexafluoride (SF6) Gas Decomposition Analysis ASTM D2685 0.1 $ $

24 Flash Point ASTM D-92 0.1 $ $

25 Fire Point ASTM D-92 0.1 $ $

Total Per Unit Price $

NO GUARANTEE OF WORK UNDER THIS CONTRACT.

In the event of computational error, unit prices will prevail over extended totals. DWR will check bid calculations and recalculate bid totals.

Company Name

Printed Name and Title of Company Representative

Signature of Company Representative

Date

I certify under penalty of perjury under the laws of the State of California, the forgoing is true and correct.

ATTACHMENT II

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the required attachments as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return Bid Requirements and Information or the Sample Contract.

A. Our all-inclusive bid is submitted as detailed in Attachment I, Bid Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An unsigned Bid/Bidder Certification Sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (DGS/OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to DGS/OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary contract between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there will be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office.

This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to DGS/OSDS.

ATTACHMENT III

BIDDER REFERENCES

List three (3) references for services performed within the last five (5) years, experience must be analyzing oil samples in accordance with established performance standards and measures of American Society or Testing and Materials (ASTM).

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

ATTACHMENT IV

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three (3) years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of DWR. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

ATTACHMENT V

ATTACHMENT VI

ATTACHMENT VII

EXHIBIT A

SCOPE OF WORK

I. Contractor agrees to provide Dissolved Gas Analysis (DGA) to the Department of Water

Resources (DWR).

II. The services will be performed at:

Contractor’s Laboratory

III. The contract representatives during the term of this agreement will be:

Department of Water Resources

Saeid Raoufi (Contract Manager) Phone: (916) 324-0133 Fax: (916) 445-8818 Email: raoufi@water.ca.gov

Wilson Eashoian (Contract Representative) Phone: (916) 323-5870 Fax: (916) 445-8818 Email: eashoian@water.ca.gov

Contractor Name

Name:

Phone:

Fax:

Email:

Contract representatives may only be changed by written notice to the other party.

IV. Description of Work

Contractor will provide the…