Importation_of_Solid_Waste_for_Disposal_(Addendum_#1_Revision).pdf

COUNTY OF ORANGE

OC WASTE & RECYCLING

INVITATION FOR BID (IFB)

FOR

IMPORTATION OF SOLID WASTE FOR DISPOSAL

IFB NO. 299-23-000031-RS

County of Orange IFB

OC Waste & Recycling - Importation of Solid Waste for Disposal, 299-23-000031-RS

County of Orange

OC Waste & Recycling

Procurement Services

601 N. Ross St.

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release Project Date October 1, 2024

Question Submission Deadline October 22, 2024, 2:00pm

Bid Submission Deadline November 15, 2024, 2:00pm

**This is a proposed schedule that is subject to change. Any changes to the schedule for the RFP process will be issued to all Respondents via addenda on the County’s online bidding system https://procurement.opengov.com/portal/ocgov **

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Friday, November 15, 2024

2:00 pm https://procurement.opengov.com/portal/ocgov

SECTIONS

SECTION 1. SUMMARY

SECTION 2. SCOPE OF WORK

SECTION 3. PRICING

SECTION 4. VENDOR QUESTIONNAIRE

SECTION 5. GENERAL INFORMATION

SECTION 6. GENERAL INSTRUCTIONS

SECTION 7. W-9/W-8 REQUIREMENTS

SECTION 8. ELECTRONIC FUND TRANSFER (EFT)

SECTION 9. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

Attachments:

A - Draft Template Orange County Importation Agreement

SECTION 1. SUMMARY

The County of Orange, OC Waste & Recycling, (hereinafter referred to as County) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for Importation of

Solid Waste for Disposal. The awarded Contract, (hereinafter referred to as Contract) will be between the County and awarded Bidder, (hereinafter referred to as Contractor or Hauler) in accordance with the model contract terms, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the County’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the model contract and any solicitation attachments and/or exhibits.

The County owns, manages and operates a Waste Infrastructure System which includes solid waste disposal operations at active landfills; Organics Infrastructure; Regional Household

Hazardous Waste Collection Centers; and other waste management related systems deemed necessary by the County for the disposal, management and diversion of discarded material generated by the cities and the unincorporated areas within the County. The County has determined that in addition to waste generated within the County of Orange that it has the capacity to accept limited Out of County waste within its disposal system.

Bids shall be submitted on a per ton cost with a minimum bid amount of $82 per ton. Total initial tonnage available is 500,000 tons. Most qualified bidder with the highest bid will be selected. In addition to submitting a per ton bid, bidders shall include total tonnage they wish to procure of the initial 500,000 tons. If no single bidder agrees to accept all 500,000 tons, County reserves the right to select subsequent highest bidders until all tonnage is taken.

Bidder is responsible for thoroughly reviewing the terms and specifics of the Model Agreement found in Attachment A. However, County has provided some general contract terms in the following sections in the body of this IFB for the convenience of Bidders.

SECTION 2. SCOPE OF WORK

2.1 DELIVERY OF WASTE

Maximum Allocated Tonnage

A. Beginning July 1, 2025, and subject to available Disposal System permitted capacity, the Hauler is authorized to deliver a maximum of 500,000 tons of Imported Acceptable Waste annually (Maximum Allocated Tonnage), based on a 308 day work year, or prorated for years that are less than a full calendar year, to the Designated Landfill, and subject to a daily cap as specified in Exhibit A of the attached Agreement found in Attachment A.

B. Upon approval of an increase in permitted landfill capacity at the Prima Deshecha Landfill it is estimated an additional 500,000 tons annually of landfill capacity will be available for Imported Acceptable Waste. Hauler shall have a right of first refusal for up to an additional 500,000 tons annually of waste allocated by the County for acceptance as Imported Waste as specified in Section 3.1 (c) of the attached Agreement found in Attachment A.

C. Director will notify Hauler in writing regarding the availability of additional Imported Waste capacity of up to 500,000 tons annually. Hauler will have first right of refusal to accept the additional tonnage at the then applicable Contract Rate. Within 30 days written notice from OCWR, hauler must notify the OCWR Director of its intent to import additional tonnage. Hauler will indicate the additional tonnage requested up to 500,000 tons annually prorated for the first year based on remaining operating days for the fiscal year. Hauler will be responsible for the fees incurred for the additional tonnage in accordance with the fee schedule established in Section 4.3 of the attached agreement, prorated for the first year. Any tonnage remaining from the 500,000 tons not accepted by the Hauler will be available to OCWR to solicit bids from other haulers for importation of waste or for other allocation as may be deemed appropriate by the County.

D. If any additional tonnage becomes available over Maximum Allocated Tonnage or the hauler exceeds the Maximum Allocated Tonnage, the OCWR Director and Hauler shall negotiate a per ton rate at or above the Contract Rate.

Hauler’s Authority to Deliver Waste

The Hauler warrants that it has the right, power, and authority to deliver Imported

Acceptable Waste to the Disposal System through contracts, permits, licenses or other arrangements, and affirms it will deliver no more than the agreed tonnage of waste to the

Designated Landfill for the Term of the Agreement as provided in Attachment A.

2.2 PROVISION OF DISPOSAL SERVICES

Commitment to Provide Disposal Services

The County agrees to provide Disposal Services to Hauler for the Term of this

Agreement under the conditions specified in the Agreement provided in Attachment A. Subject to available Disposal System permitted capacity, County agrees to provide disposal services for

Imported Acceptable Waste at the Designated Landfill identified in Exhibit A under the facility permit for the Term of the Agreement provided in Attachment A.

Rate for Disposal Services

Beginning on the Effective Date, the County shall charge Hauler for Disposal Services for delivery of up to its Maximum Allocated Tonnage at the negotiated “Contracted Yearly Flat

Rate” of ________ (000,000) dollars (per ton rate x Maximum Allocated Tonnage), subject to the limits provided in Exhibit A and other conditions of the Agreement found in Attachment A.

The Contracted Yearly Flat Rate (“Contract Rate”) for Disposal Services shall be based on the delivery schedule in Exhibit A of the Agreement. No Contract Rate adjustments will be made if less than the Maximum Allocated Tonnage is delivered. The Maximum Allocated Tonnage and the Maximum Daily Allocation are a use-it or lose-it allocation. No refunds or discounts will be made if Hauler delivers less than the Maximum Allocated Tonnage or Maximum Daily

Allocation.

Payment for Disposal Services

Payments are due on a quarterly basis at 25% of the annual contract amount, in advance of the quarter. Payments are due based on the below payment schedule. It will be the sole discretion of the Director to negotiate an extension for payment if Hauler cannot fulfill their financial responsibilities. Payments shall be postmarked by the payment due date, to be deemed one time.

In the event of a late payment, County shall impose a 1.5% late fee, calculated off the quarterly payment amount.

Payment Schedule

Quarter 1 (July 1 - September 30): Due by June 30

Quarter 2 (October 1 – December 31): Due by September 30

Quarter 3 (January 1 – March 31): Due by December 31

Quarter 4 (April 1 – June 30): Due by March 31

Should additional tonnage become available and accepted by Hauler, Hauler shall be responsible for the fees incurred for the additional tonnage in accordance with the fee schedule and prorated. Any prorated payment shall be due within 30 days of accepting additional tonnage. Following initial prorated payment, all payments shall be per the Payment Schedule above and include additional tonnage fees.

Automatic Annual Rate Adjustment for Disposal Services

A. Commencing July 1, 2026, and each July 1 thereafter for the term of the agreement, the rate specified in Section 4.2 of the attached Agreement and all other rates provided within the agreement shall be adjusted annually. The change will be equal to the positive percentage change in the Consumer Price Index (CPI) – Consumer Price

Index for All Urban Consumers: Water and Sewer and Trash Collection Services in

U.S. City Average (CUSR0000SEHG) as measured from the October 21 months prior to the rate adjustment to the October immediately preceding the rate adjustment. For example: The July 1, 2026 rate adjustment shall be based upon the index change from

October 2024, to October 2025, referred to as year 1 and year 2 respectively in the following example. In the event the CPI increase is under 3% County shall charge a flat 3% rate increase.

Formula to calculate percentage change in the Contract Rate:

Step 1:

October Year 2 CPI - 1 = % increase in Contract Rate

October Year 1 CPI

Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1

Year 2

Increase in Governmental Fees

In addition to the other adjustments specified herein, the rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of solid waste imposed by state, federal or other agencies excluding the County, except insofar as the County acts as Local Enforcement Agency. The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase as soon as practicable after becoming aware of the imposition of any fees described above.

2.3 PROCEDURES FOR DELIVERY AND ACCEPTANCE OF WASTE

MISCELLANEOUS OPERATIONAL MATTERS.

A. Operating Hours. The County shall keep the Disposal System open for the receiving of Acceptable Waste during such regular operating hours as may be established by the

Department in the operating rules and regulations applicable to the Disposal System.

The County reserves the right to modify the operating days and hours to comply with

Applicable law or as otherwise may be deemed necessary by the County.

B. Scales and Weighing. The Department shall operate and maintain permanent scales at the Disposal System as required by Applicable Law. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery.

C. Service Coordinator. The County and the Hauler each shall designate in writing thirty days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a “Service Coordinator”). Either Party may designate a successor or substitute Service Coordinator at any time by notice to the other Party.

D. Review of Records. Each Party may review the other Party’s books and records with respect to matters relevant to the performance by either Party under this

Agreement or otherwise related to the operation of the Disposal System to the extent allowed under the California Public Records Act (interpreted as if the Parties to this

Agreement were natural persons for purposes of the Public Records Act).

Procedures for Delivery and Acceptance of Imported Acceptable Waste

Hauler shall deliver Imported Acceptable Waste to the Designated Landfill according to the conditions and procedures in Exhibits C-1 & C-2 in the attached template agreement found in

Attachment A.

The Hauler shall bear all costs of collection, transfer, processing, transportation, taxes, permits, or impositions assessed by any governmental body which are related to the delivery of waste to the Disposal System.

Unacceptable or Prohibited Waste

The Hauler shall not deliver any waste to the Disposal System that is defined as

Unacceptable Waste under this Agreement.

Only Imported Acceptable Waste may be delivered to Disposal System pursuant to this

Agreement. Hauler shall maintain adequate records and supporting source documents evidencing the origin of all waste delivered to Disposal System. Except as provided for in Section 5.3, delivery of Acceptable Waste originating within Orange County pursuant to the terms of this

Agreement will constitute a material breach of this Agreement and may result in immediate termination of this Agreement for cause.

Hauler shall maintain records and supporting source documents that adequately identify the origin of all solid waste delivered to County Disposal System pursuant to this Agreement.

The records and source documents shall be maintained by the Hauler for a minimum of five (5) years. Documents shall be maintained at the Hauler’s offices.

County shall, through its duly authorized agents or representatives, have the right to examine and audit records and supporting source documents maintained by Hauler concerning the origin of waste delivered to the Disposal System at any and all reasonable times after thirty

(30) days written notice.

Hazardous Materials, Substances or Waste

The Hauler shall not deliver Hazardous Materials, Hazardous Substances, or Hazardous

Waste to the Disposal System. The Hauler’s program for detection and removal of Hazardous

Materials/Waste or Unacceptable Waste from Acceptable Waste is included by reference to

Exhibit C in the attached Agreement.

2.4 REGULATORY COMPLIANCE

Applicable Law

Both Parties shall comply with Applicable Law at all times, throughout the Term of this

Agreement; and shall obtain and maintain any permits, licenses, or approvals which are required for the performance of the Party’s respective obligations under this Agreement.

Compatibility with The Act

The actions of the Hauler in entering into this Agreement shall be compatible with the goals, policies, and agreements of the Source Reduction and Recycling Element(s) (“SRREs”) of the jurisdiction(s) generating the waste which is to be accepted in the Disposal System.

Disposal Reporting

The Hauler shall supply all information necessary to comply with CalRecycle’s

Recycling and Disposal Reporting System and the Orange County Disposal Reporting System, which is included in Exhibit D of the attached template agreement and incorporated by reference in this Agreement, and any other information required by the County to comply with the Act, or any other Applicable Law.

SECTION 3. PRICING

RATE FOR DISPOSAL SERVICES

Minimum Bid shall be above $80 per ton.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Contracted Yearly Flat Rate

(Minimum Bid shall be above $82 per ton). Initial annual cost shall be calculated per the unit of measure noted (per ton rate x 500,000 tons). If additional tonnage shall be available annual rate will be calculated by total annual tonnage x per ton rate.

1 Per ton rate x

500,000 tons

TOTAL

SECTION 4. VENDOR QUESTIONNAIRE

4.1 BID VALIDITY: *

Bids will be valid for a period of 365 days after IFB closing date.

☐ Please confirm

*Response required

4.2 COMPANY PROFILE, REFERENCES BIDDER CERT

4.2.1 Company Legal Name:*

*Response required

4.2.2 Company Legal Status (Corporation, Partnership, Sole Proprietor, etc.):*

*Response required

4.2.3 Business Address:*

*Response required

4.2.4 Telephone No:*

*Response required

4.2.5 Facsimile Number:*

*Response required

4.2.6 E-mail Address:*

*Response required

4.2.7 Length of time the firm has been in business:*

*Response required

4.2.8 Length of time at current location:*

*Response required

4.2.9 Is your firm the sole proprietor doing business under a different name:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.10 If yes, please indicate sole proprietor’s name and the business name:*

*Response required

4.2.11 Is your firm incorporated:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.12 If yes, State of Incorporation:*

*Response required

4.2.13 Federal Taxpayer I.D. No:*

*Response required

4.2.14 D-U-N-S® No:*

*County requires a valid D-U-N-S® number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S® number, please indicate so in your proposal/bid submission response.

*Response required

4.2.15 UEI No, if applicable:*

*Response required

4.2.16 Regular Business Hours:*

*Response required

4.2.17 Regular Holidays and Hours when business is closed:*

*Response required

4.2.18 Contact person in reference to this solicitation:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

http://www.dnb.com/

*Response required

4.2.19 Name of Service Manager:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.20 Contact Person for Accounts Payable:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.21 In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.22 References (minimum 3)*

Please Provide the following information for at least three (3) references:

Contractor shall submit at least three (3) references or letter of references where similar work of similar size is currently in process or recently completed. References shall not be the County of Orange. References must cover commodities or services performed by your company within the past ten (10) years. Include name of firm, phone, and name of the contact person, a brief work/project description, and completion date. These references will be checked and could affect the award of the Contract. References shall not be provided for department conducting the solicitation.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

*Response required

4.3 BIDDER CERTIFICATION

4.3.1 Conflict of Interest*

Bidder must certify either Yes or No below:

Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. (Yes) Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange

County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

B. (No) Bidder certifies that no relationships exist/existed as outlined in item I above.

*Orange County Board of Supervisors govern: All Assessment Districts, All Community

Facilities Districts, All Reassessment Districts, Housing and Community Development

Commission, Housing Successor Agency to the Orange County Development Agency, In-

Home Supportive Services Public Authority, Industrial Development Authority For

Orange County, Local Redevelopment Authority Marine Corp Air Station (MCAS) El

Toro, Orange County Financing Authority, Orange County Flood Control District, Orange

County Housing Authority, Orange County Housing Authority Acting As the Housing

Successor Agency, Orange County Public Financing Authority, Orange County Special

Financing Authority, South Orange County Public Financing Authority, and the Successor

Agency to the Orange County Development Agency

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.2 Disclose any financial, business or other relationship with the County of

Orange, any other entity that the Orange County Board of Supervisors governs*, or any

Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.*

*Response required

4.3.3 Litigation*

Bidder must certify either Yes or No below:

Bidder certifies current/past litigation as follows:

A. (Yes) Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Bidder, or any company that holds a controlling interest in Bidder, against the County of Orange in the past seven (7) years.

B. (No) Bidder certifies that Bidder or any proposed subcontractors do not have any past or current litigation.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.4 Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.*

*Response required

4.3.5 Name/Ownership Changes:*

Respondent must certify either Yes or No below:

A. (Yes) Respondent certifies past company name changes and/or ownership changes, for

Respondent’s firm and any proposed subcontractor firm, as follows:

1. Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

☐ Yes

☐ No

When equals "Yes"

4.3.6 Bidder shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. *

4.3.7 Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this IFB, including, but not limited to the terms and conditions set forth in the Model Contract and its Attachments and

Exhibits, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this IFB, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, except for those exceptions expressly listed as required by this IFB and attached hereto. Attachments for each proposed exception to this IFB, including, but not limited to the Model Contract, must include:

1. The complete provision Bidder is taking exception to.

2. The IFB page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

*Response required

When equals "No"

4.3.8 Provide exceptions to the requirements of this IFB including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits.*

*Response required

4.3.9 Financial Status*

A. Bidder shall indicate whether its principals, directors, or majority shareholder(s), or any company

Bidder has held a controlling interest in, or which has held a controller interest in Bidder, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attach statement indicating the bankruptcy date, court jurisdiction, trustee’s name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy.

No action pending No prior action Information Attached

☐ No Action Pending

☐ No Prior Action

☐ Information attached

*Response required

4.3.10 Is your firmIs your firm a County Of Orange Local Small Business (OCLSB) or a

Disabled Veteran Business Enterprise (DVBE)?*

To participate as an OCLSB and/or DVBE, the requirements in the OCLSB AND DVBE

PREFERENCE POLICIES CERTIFICATION REQUIREMENTS must be met.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.11 County of Orange Local Small Business (OCLSB) and/or Disabled Veteran

Business Enterprise (DVBE) Affirmation*

Please download the below documents, complete, and upload.

• Local_Small_Business_(OCLSB...

*Response required

4.3.12 The Levine Act: County of Orange Campaign Contribution Disclosure*

The Levine Act compliance is a minimum submittal requirement of this solicitation.

Please complete and sign the County of Orange Campaign Contribution Disclosure Form attached hereto. A proposer’s failure to provide a completed and signed copy will render its proposal as incomplete and nonresponsive.

• CAMPAIGN_CONTRIBUTION_DISCL...

*Response required

4.3.13 Certification Regarding Debarment *

Please download the below documents, complete, and upload.

• CERTIFICATION_REGARDING_DEB...

*Response required

4.3.14 Contractor Safety*

Contractor shall comply with County’s Safety and Loss Prevention Policy and Procedure #306

(“Contractor Safety Responsibilities”) and submit a copy of its Injury and Illness Prevention

Program (IIPP) and Contractor Safety-Activity Checklist to the designated County Procurement staff as part of the solicitation and/or contract process. Contractor will notify County Project

Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity https://procurement.opengov.com/portal/ocgov/projects/115389/document?section=undefined https://procurement.opengov.com/portal/ocgov/projects/115389/document?section=undefined 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https://cpo.ocgov.com/sites/cpo/files/2021-10/306%20County's%20Safety%20and%20Loss%20Prevention%20Policy%20and%20Procedure.pdf https://cpo.ocgov.com/sites/cpo/files/2021-10/306%20County's%20Safety%20and%20Loss%20Prevention%20Policy%20and%20Procedure.pdf https://cpo.ocgov.com/sites/cpo/files/2021-10/Contractor%20Safety%20-%20Activity%20Checklist.pdf

Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section 1509 or 3203 (whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this Contract.

*Response required

4.3.15 Safety Data Sheets (SDS)*

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of

Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to County. The SDS for each substance must be sent to either the County Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.

*Response required

4.3.16 How much of the maximum allocated tonnage are you requesting?

4.3.17 Per Ton Bid Amount?

SECTION 5. GENERAL INFORMATION

5.1 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each

Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Purchasing Agency (DPA) via the County’s online biding system.

5.2 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this Invitation for Bid (IFB). County will provide all official communication concerning this

IFB. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov.

5.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online https://procurement.opengov.com/portal/ocgov biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by Tuesday, October 22, 2024 before 2:00 pm.

5.4 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

5.5 IMPORTANT DATES

These dates only apply to IFB# 299-23-000031-RS

Release Project Date: October 1, 2024

Question Submission Deadline: October 22, 2024, 2:00pm

Bid Submission Deadline: November 15, 2024, 2:00pm

5.6 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Donald P. Wagner, Chairman, Third District

Andrew Do, Vice Chairman, First District

Vicente Sarmiento, Second District

Doug Chaffee, Fourth District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor

Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator

Don Barnes, Sheriff-Coroner

Shari A. Freidenrich, Treasurer-Tax Collector

Andrew Hamilton, Auditor-Controller-Elect

SECTION 6. GENERAL INSTRUCTIONS

6.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work.

Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

6.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

6.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the IFB deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

6.4 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model Contract, Article O-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes

Contractor’s Legal Business Name(s). Out of State Vendors may be required to submit a

587/590 Form.

6.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

https://procurement.opengov.com/portal/ocgov/projects/115389/document?section=1056688 https://procurement.opengov.com/portal/ocgov/projects/115389/document?section=1056688 https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of Work, Attachment A of Model Contract; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

6.6 NO SUBSTITUTION

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

6.7 COMPANY PROFILE, BIDDER CERTIFICATION AND REFERENCES ***

MAY BE A VENDOR QUESTION

Bidder shall utilize the forms provided to satisfy this requirement.

6.8 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

6.9 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet.

Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

6.10 PROTESTS

In the event a Bidder believes that County’s solicitation is unfairly restrictive or ambiguous or contains conflicting provisions or the Bidder believes that any resulting Contract would be commercially impractical to perform, the Bidder must file a written protest with the County DPA.

A. ProcedureAll protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

1. The name, address and telephone number of the protester.

2. The signature of the protester or the protester’s representative.

3. The solicitation or contract number.

4. A detailed statement of the legal and/or factual grounds for the protest; and

5. The form of relief requested.

B. Protest of Bid Specifications:

1. All protests related to bid specifications must be submitted to the County DPA no later than five (5) business days prior to the close of the bid. Protests received after the five (5) business day deadline will not be considered by the County.

2. In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid submittal procedures provided in the bid.

C. Protest of Award of Contract:In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the County DPA. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

1. Protest Process

a. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the County DPA, the County Procurement Officer or the Procurement

Appeals Board renders a decision on the protest.

b. Upon receipt of a timely protest, the County DPA will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

c. The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

d. If the protester disagrees with the decision of the County DPA, the protestor may submit a written notice to the Office of the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

B. Appeal Process

A. If the protester wishes to appeal the decision of the County DPA, the protester must submit, within three (3) business days from receipt of the County DPA’s decision, a written appeal to:

Email: CPOAppeals@ocgov.com

Or mailto:CPOAppeals@ocgov.com

County of Orange/County Procurement Office 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

6.11 ACCEPTANCE/REJECTION/AWARD

Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the County of Orange terms and conditions, incorporated in model contract, may deem a bid non-responsive. County may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of

Orange terms and conditions. In addition, County reserves the right to verify and validate any information prior to Contract Award and during the entire term of the Contract.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County

DPA as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

6.12 RIGHTS RESERVED TO COUNTY:

The County reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which County deems correctable or otherwise not warranting rejection of the bid.

B. County reserves the right, at its sole discretion, to make multiple awards to Bidders for services requested in this solicitation.

C. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

D. Negotiate the final Contract with the lowest, responsive and responsible Bidder or

Bidders as necessary to serve the best interests of the County.

E. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any

Bidder responding to this solicitation.

F. Award its total requirements to one Bidder or to apportion those requirements among two or more Bidders as the County may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the County.

6.13 JOINT BIDS

Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

6.14 UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions

Code Section 17000 et seq.) and all applicable County, State and Federal laws and regulations.

6.15 INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

6.16 AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

6.17 DUNS NUMBER

The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your bid submission response.

6.18 UNIQUE ENTITY IDENTIFIER NUMBER (UEI)

The County requires a valid UEI number prior to Contract Award of Human Services. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a

UEI number, please indicate so in your bid submission response.

SECTION 7. W-9/W-8 REQUIREMENTS

7.1 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9 REQUIREMENT:

Effective June 3, 2006, all Contractors, entering into a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-

Controller Vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Contractor, at the time of award, if the Form

W-9, or W-8, will be required.

A. In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected

Contractor agrees to furnish to the contract administrator, the County DPA, the required

W-9 or W-8. Out of State Vendors may be required to submit a 587/590 Form.

SECTION 8. ELECTRONIC FUND TRANSFER (EFT)

If awarded, the County offers Bidder the option of receiving payment directly to its bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via

EFT shall also receive an Electronic Remittance Advice with the payment details via e-mail.