OCWR_Solicitation_Instructions,Terms_&_Conditions.pdf

County of Orange, OC Waste & Recycling County of Orange Solicitation Instructions, Terms and Conditions

INVITATION FOR BID

IFB-299-2545405-AA

The County of Orange, OC Waste & Recycling, (“County”) is requesting competitive bids from qualified businesses (“Bidder”) for Clear Polyethylene Bags. The awarded contract (“Contract”) will be between the County and awarded Bidder 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 Official Bidding Site 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 all solicitation Attachments/Exhibits.

I. GENERAL INFORMATION

1. Important Notice: The County of Orange 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 Agent (“DPA”) via the County’s online bid system at https://procurement.opengov.com under the bid page for this solicitation.

Bidders are not to contact other County personnel with any questions or clarifications concerning this Invitation for Bid (IFB). OC Waste & Recycling Procurement Services will provide all official communication concerning this IFB. Any County response relevant to this IFB other than through or approved by OC Waste & Recycling Procurement Services is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum will be issued and the information will be posted on County’s online bid system at https://procurement.opengov.com. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the DPA. If you received this solicitation by means other than County’s online bid system at https://procurement.opengov.com, the County will not be responsible for your receipt of addenda to this solicitation. It is the responsibility of each Bidder to periodically check the County’s online bid 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.

2. Bid Validity: Bids will be valid for a period of 365 days after IFB closing date.

3. Business Hours: OC Waste & Recycling Procurement Services regular business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. OC Waste & Recycling Procurement Services will be closed on the following dates for County-observed holidays during this bidding period: November 23rd and 24th.

4. Lobbyists: Orange County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

5. 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 AND PROVISIONS

1. Before submitting a bid, Bidders shall carefully examine the solicitation contents, including the Model

Contract Terms, Conditions, Attachments and Exhibits. Bidders shall include in their bid response a https://procurement.opengov.com/ https://procurement.opengov.com/ https://procurement.opengov.com/ http://www.dnb.com/ 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. This document consists of the following:

Section I General Information Section II General Instructions and Provisions Section III County of Orange W-9 Requirements Section IV County of Orange Local Small Business (OCLSB) and Disabled Veteran Business

Enterprise (DVBE) Preference Policies

3. Responsive bids shall include the following completed submittals:

A. Signature Page B. Company Profile C. References D. Bidder Certification form E. Completed Price Sheet attachment

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

A. Insurance (if applicable) Certificate(s) of Insurance including required Endorsements per the Model Contract

B. Tax Forms (if not on file) Most current signed forms as required by County, detailed below in Section III

5. Scope of Work and Pricing (Attachments A and B of the Model Contract):

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

B. Bidders shall utilize the County’s Office Bidding Site 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 unless delineated indicating otherwise.

No additional compensation will be allowed after Contract award.

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 Bid Specification and Pricing attachment; bids for other than the items and/or services listed may be considered per the instructions in the Bid Specification and Pricing attachment.

E. 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.

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

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

6. 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, at Bidder’s expense, 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.

7. Company Profile & References: Bidder shall complete the forms provided to satisfy this requirement.

8. Bidder Certification: Bidder shall complete the form provided to certify any Conflict of Interest, Litigation and Name/Ownership Changes.

9. Bidders may be required to present satisfactory evidence that they have been regularly engaged in the business of providing goods/services required by this solicitation or are reasonably familiar with providing those goods/services and that they are fully prepared with the necessary capital, materials, staff and machinery as may be required or specified in this solicitation to complete the work to be contacted to the satisfaction of the County. Bidders may be required to provide information regarding and/or proof of the number of years they have provided the goods/services requested in this solicitation. Bidders shall be required to meet any other legal, license or certificate requirements that are necessary to enable them to provide the goods and/or perform the services specified in this solicitation.

10. Bidders 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.

11. 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.

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 the Deputy Purchasing Agent.

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:

i. The name, address and telephone number of the protester;

ii. The signature of the protester or the protester’s representative;

iii. The solicitation or Contract number;

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

v. The form of relief requested.

B. Protest of Bid/Proposal Specifications

All protests related to bid or proposal specifications must be submitted to the Deputy Purchasing Agent 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 the 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 Deputy Purchasing Agent. Protests relating to a proposed Contract award which are received after the five (5) business day deadline will not be considered by the County.

i. Protest Process

1. 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, the County Procurement Officer or the Procurement Appeals Board renders a decision on the protest.

2. 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.

3. 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.

4. If the protester disagrees with the decision of the Deputy Purchasing Agent, 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.

ii. Appeal Process

1. If the protester wishes to appeal the decision of the Deputy Purchasing Agent, the protester must submit, within three (3) business days from receipt of the Deputy Purchasing Agent’s decision, a written appeal to:

Office of the County Procurement Officer 1300 South Grand Avenue, Building A, 2nd Floor Santa Ana, CA 92705

2. 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.

13. 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.

14. 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 Bidder with the lowest prices in the most categories, and is a 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 Bidder with the lowest prices in the most categories, and is a responsive, responsible Bidder.

E. Please take notice, non-acceptance of County of Orange terms and conditions 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 Bidder(s) with the lowest prices in the most categories, and is a responsive, responsible Bidder(s) may be subject to further negotiations.

G. Final award determination shall be based upon Bidder with the lowest prices in the most categories, and is a responsive, responsible Bidder, 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.

H. By submitting a response to this solicitation, Bidders agree to accept the decision of the Deputy Purchasing Agent as final.

15. 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 code as specified in this solicitation.

16. Rights Reserved to County: The County reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which the 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 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 cumulative total, 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.

17. 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.

18. Sample to Determine Responsiveness to Technical Requirements for purpose of Award:

A. Samples of items bid, when required or requested by the County, must be furnished at Bidder’s expense to the County, unless otherwise provided.

B. Unless expressly set forth in the solicitation, the sample or samples furnished must be identical in all respects to the product or products being offered to the County.

C. Bidders offering products of a different manufacturer and model number than those specified in the solicitation may be required to submit samples, at Bidder’s expense, for inspection and specification compliance testing in order for the County to determine if the item offered is equivalent to and meets the minimum standards of quality acceptable to the County as indicated by the manufacturer and model number specified in the solicitation.

D. These samples will be used or torn down, and any damage or destruction incurred shall be at the sole cost of the Bidder. Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at Bidder's expense. The County shall in no way be held liable or responsible for damage to or destruction of the samples.

E. Samples may be required prior to award. If requested, such samples must be delivered to the agency/department address listed in the solicitation to the attention of the assigned buyer within the timeframe identified by the County, at Bidder’s expense. All deliveries and pick-up of samples shall be made at no expense to the County. Failure to submit samples as specified may be grounds for rejection.

19. 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.

20. 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.

21. 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.

III. COUNTY OF ORANGE W-9 REQUIREMENTS

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. California Form 587 or 590 is also required for out of state vendors. The DPA will inform the Contractor if any of the forms are required.

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 DPA Agent, the required tax forms.

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 the separate attachment - COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED

VETERAN BUSINESS ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS.