OCCR_IFB_Bidder_Instructions.pdf

COUNTY OF ORANGE, OC COMMUNITY RESOURCES

INVITATION FOR BID: IFB 012-2620904-LR

FOR

ANIMAL FEED AND SUPPLIES

GENERAL INFORMATION, INSTRUCTIONS AND REQUIREMENTS

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The County of Orange, Orange County Community Resources (“County”) is requesting competitive bids from qualified vendors (“Bidder”) for Animal Feed and Supplies. The awarded Contract, (“Contract”) will be between the County and awarded Bidder(s), (“Contractor”) 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.

I. GENERAL INFORMATION

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 Invitation for

Bid (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 Agent (“DPA”) via the County’s online bidding system at: https://www.periscopeholdings.com, under the bid page for this solicitation.

2. Communication: Bidders are not to contact other County personnel with any questions or clarifications concerning this IFB. The County will provide all official communication concerning this IFB. Any County response relevant to this IFB other than through or approved by the County is unauthorized and will be considered invalid.

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 the

County’s online bid system at: https://www.periscopeholdings.com. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. The County will make reasonable efforts to provide a copy of such addendum to each person/firm receiving the original solicitation documents directly from the County. However, the County does not guarantee receipt by Bidder of all addenda. It is the responsibility of each Bidder to periodically check the

County’s online bidding 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 the time and date specified in the IFB notice.

4. Bid Validity: Bids will be valid for a period of 120 days after IFB closing date.

5. Business Hours: The County’s regular business hours of operations are 8:00 a.m. to 12:00 p.m. and

1:00 p.m. to 5:00 p.m. (PST), Monday through Friday. The County will be closed on the following

County holidays this year:

May 27, 2024

July 4, 2024

September 2, 2024

September 27, 2024 https://www.periscopeholdings.com/ https://www.periscopeholdings.com/ https://www.periscopeholdings.com/ https://www.periscopeholdings.com/ https://www.periscopeholdings.com/ https://www.periscopeholdings.com/

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6. Important dates: These dates only apply to IFB 012-2620904-LR

A. Tuesday, April 16, 2024, at 2:00 P.M. PST - Question and Answer Period Ends

B. Tuesday, April 30, 2024, at 2:00 P.M. PST - Invitation for Bid Closes

7. 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.

8. D-U-N-S: 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 proposal/bid submission response.

II. GENERAL INSTRUCTIONS

1. Review: Before submitting a bid, Bidders shall carefully review the Bid 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.

2. Content: This document consists of the following:

A. Section I - General Information

B. Section II - General Instructions

C. Section III - W-9 Requirements

D. Section IV – County of Orange Local Small Business (OCLSB) and Disabled Veteran Business

Enterprise (DVBE) Preference Policies

3. Responsiveness: Responsive bids shall include at a minimum the following completed submittals/attachments:

A. Bidder Certification

B. Company Profile

C. References

D. Signature Page

E. Periscope Holdings Electronic Items Cost/Price Bid

F. County of Orange Local Small Business (OCLSB) and/or Small Veteran Business Enterprise

(DVBE) Preference (only if applicable)

4. Bid Submission: Electronic Bids shall be submitted via the County’s secure online bidding system.

All required sections of the Bid as listed above (Section II, Item No. 3), must be submitted via the website. Bidder is solely responsible for “on time” submission of their electronic bid. The Bid

Management System will not accept late bids and no exceptions shall be made. The County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the Bid deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact http://www.dnb.com/

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County’s bidding system support staff at (800) 990-9339 or via email at source-support@periscopeholdings.com. A paper bid will not be accepted in lieu of an electronic submission due to technical issues.

5. Award: Upon recommendation of Contract award, Contractor will be required to submit the following documents with 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.

B. W-9 Form: Current signed W-9 (Taxpayer Identification Number & Certification), which includes Contractor’s Legal Business Name(s). Out of State Vendors may be required to submit a 587/590 Form.

C. Signed Contract: Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signatures will be provided in accordance with the Corporations Code Section 313.

6. Pricing (Attachment B of the Model Contract):

A. Bid prices quoted shall be firm for the full term of the Contract.

B. Bidder shall utilize the County’s online bidding system to provide all-inclusive, firm fixed pricing, in accordance with the requirements of the Model Contract for the full term of the

Contract. The bid price(s) shall include all fees, including, shipping, freight, transportation, travel and any other fees. No additional compensation will be allowed.

C. Bid prices offered shall reflect all addenda issued by the County.

D. Bids shall be submitted only for the items and/or services as stated in the Scope of Work; bids for other than the items and/or services listed will not be considered.

E. The County will only consider firm price bids.

F. The net amount of profit will remain firm during the period of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

G. All price/rate decreases will automatically be extended to the County.

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

7. Substitutions: Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an

“equal,” Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the County, and the

County reserves the right to request a sample for determining equality with the specified brand. If it has been justified and accepted by the requesting agency/department and/or a County standards committee that only one brand can meet the County’s requirements, “no exceptions” shall be noted in the specifications.

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8. Company Profile, Minimum Requirements, References, and Signature Page: Bidder shall utilize the forms provided to satisfy this requirement.

9. 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 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.

10. Information Verification: The submission of a bid is permission by the Bidder for the County to verify all information contained therein. If the County believes it is necessary, additional information may be requested from the Bidder. Failure to comply with such requests will disqualify the Bidder from further consideration.

11. 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 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.

12. Protests: In the event a Bidder believes that the 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 County DPA.

A. Procedure

All 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/Proposal Specifications:

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

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/proposal submittal procedures provided in the bid/proposal.

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.

6) 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 Deputy Purchasing Agent renders a decision on the protest.

b) Upon receipt of a timely protest, the Deputy Purchasing Agent 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 protestor’s right to the protest procedures outlined herein.

d) If the protestor disagrees with the decision of the Deputy Purchasing Agent, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the

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

2) Appeal Process

a) If the protestor wishes to appeal the decision of the Deputy Purchasing Agent, the protestor must submit, within three (3) business days from receipt of the Deputy Purchasing Agent’s decision, a written appeal to the Office of the County Procurement Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ocgov.com

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 mailto:CPOAppeals@ocgov.com

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c) The decision of the County Procurement Officer will be final and there shall be no right to any administrative appeals of this decision.

11. 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. County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of 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 deliver the commodities or perform the services as 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. The County will not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. The lowest responsive, responsible bid(s) may be subject to further negotiations.

G. Final award determination based upon the lowest responsive, responsible bid, may also include a review of successful Bidder’s qualifications, experience, and resources; 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 which may include an inspection of Bidder's facilities. Any such inspection shall be coordinated between County and Bidder but must occur within 5 days of County's request to inspect.

H. By submitting a response to this solicitation, Bidders agree to accept the decision of the County DPA as final.

I. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signatures will be provided in accordance with the Corporations Code Section 313.

8. Rights Reserved to County: 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. The County reserves the right, at its sole discretion, to make multiple awards to Bidders for line items requested in this solicitation.

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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.

9. Cash Discounts: The County encourages Bidders to offer cash discounts for prompt payment of invoices. Cash discounts offered by Bidders for the prompt payment of invoices will be considered in evaluating offers to determine the successful Bidder for award of any resulting contract.

10. 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. County intends to contract with a single vendor or multiple vendors, but not with multiple vendors doing business as a joint venture.

11. 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.

12. 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.

13. Bidder Advisory: The County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

14. 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.

15. References: Negative performance of services and/or delivery of commodities from references may impact award even if Bidder is the lowest responsive Bidder.

16. Inspections: County may conduct facility inspections prior to award of a contract.

III. W-9/W-8 REQUIREMENTS

1. Department of the Treasury, Internal Revenue Service Form W-9 Requirement: Effective June 3, 2006, all Contractors, entering into a contract with 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

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

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

IV. COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN

BUSINESS ENTERPRISE (DVBE) PREFERENCE POLICIES

A. OCLSB: Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB

Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and (2) below:

(1) Local Business requirements:

a. maintains their principal center of operations (i.e. headquarters) within Orange County, and;

b. has:

i. a business address located in the County of Orange that is not a post office box, or

ii. a valid business license or certificate of occupancy issued by the County of Orange or by an

Orange County city, or other documentation acceptable to the County of Orange.

(2) Small Business Requirements:

a. must be certified as a Small Business by the State of California Department of General Services

(DGS); and,

b. DGS Small Business requirements must be valid at the time of bid/proposal submittal.

B. DVBE: Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE

Preference policy. The DVBE Preference policy supports local business opportunity, economy and the development of the County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet (1) below:

(1) Disabled Veteran Business Enterprise Requirements:

a. must be certified as a DVBE by the State of California Department of General Services (DGS);

and,

b. DGS DVBE requirements must be valid at the time of bid/proposal submittal.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in EXHIBIT I -

COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS.