REQUEST FOR BID (RFB) 13400

SAN DIEGO COUNTY SHERIFF’S OFFICE

AS-NEEDED COMMISSARY ITEMS

October 16, 2026

A. KEY INFORMATION

1. The County of San Diego is seeking bids from firms interested in providing as-needed commissary items (“Offerors”).

1.1. The Basis of Award will be the price per line item. Offeror should respond to those line items for which it desires to be considered for award.

2. The contract term is anticipated to be an initial (base) period of one (1) year with four (4) one-year options.

3. The County has posted this solicitation on its official BuyNet website at https://sdbuynet.sandiegocounty.gov/. In order to see all information related to this RFB, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

4. The Contracting Officer for this solicitation is Carlos Benitez, Procurement Contracting Officer, (Carlos.Benitez@sdcounty.ca.gov)

5. Schedule: This timeline is subject to change at any time, at the County’s sole discretion. The County will issue an addendum for changes to the Pre-Bid Conference date, Questions due date, or Bids due date.

Event Description Date and Time (San Diego Time) Questions due October 27, 2026 prior to 5:00 p.m.

Bids due December 1, 2026 prior to 11:00 a.m.

6. Bid Opening:

• Bid Opening: The County will conduct a public bid opening using a virtual platform instead of in-person attendance Virtual bid opening link: DPC Bid Opening You may also join by phone by calling 1-619-343-2539, Phone conference ID: 979 022 535# A bid abstract and the bids received will be posted on BuyNet after the bid opening.

7. Questions:

7.1. Offerors should submit all Questions, including requests for clarification related to definition or interpretation of this RFB, in writing by the Date and Time specified in the Schedule. Questions should be submitted via BuyNet, by sending a message to the Contracting Officer through the “Discussions” functionality.

7.2. Non-Offerors should direct inquiries regarding this solicitation to the Contracting Officer.

8. Table of Contents:

A. Key Information B. RFB Instructions and Rules C. (Reserved) D. Submittal Items E. Required Forms F. Statement of Work G. Payment Schedule H. Agreement

MAGGIE RAMSBERGER

INTERIM DIRECTOR

DEPARTMENT OF PURCHASING AND CONTRACTING

5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204

Phone (858) 505-6367 Fax (858) 715-6452

BRENDA G. MILLER

ASSISTANT DIRECTOR

https://sdbuynet.sandiegocounty.gov/ mailto:Carlos.Benitez@sdcounty.ca.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWU0NWUzOGItYWZhMS00OTM5LTk2MTYtNjU2YzU5ZjNhYjUx%40thread.v2/0?context=%7b%22Tid%22%3a%224563af13-c029-41b3-b74c-965e8eec8f96%22%2c%22Oid%22%3a%2234b047f6-17e4-491a-a857-5c2ca53464d6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWU0NWUzOGItYWZhMS00OTM5LTk2MTYtNjU2YzU5ZjNhYjUx%40thread.v2/0?context=%7b%22Tid%22%3a%224563af13-c029-41b3-b74c-965e8eec8f96%22%2c%22Oid%22%3a%2234b047f6-17e4-491a-a857-5c2ca53464d6%22%7d

COUNTY OF SAN DIEGO – REQUEST FOR BID (RFB 13400)

B. RFB INSTRUCTIONS AND RULES

1. INSTRUCTIONS FOR SUBMITTING A BID

1.1. It is the Offeror’s responsibility to submit a bid based on the most current RFB, addenda thereto, responses to

Questions, any other information posted on BuyNet, and any diligence material made available by the County.

Offerors are advised to regularly check BuyNet for information. The County has no obligation to contact Offerors directly with any such RFB-related information.

1.1.1. In order to see all information related to this RFB, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

1.2. Forms required to be submitted with Offerors response to this RFB are included in this RFB or posted on the County’s web site at https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html.

1.2.1. Posted forms may be updated from time to time. Unless otherwise specified, offerors may submit the version of a form in place as of the date of the posting of this RFB or any later version.

1.3. Offerors are advised to allow for sufficient time to obtain all necessary documents and forms, resolve any technical difficulties obtaining or completing documents or forms, and, if necessary, obtain documents and forms by an alternate method. If you are unable to download documents or forms, you may request a hard copy or technical assistance from Purchasing and Contracting’s front desk or contact clerical support at (858) 505- 6367.

1.4. Offeror must submit a complete original bid in accordance with the format provided in this solicitation to the County of San Diego, Department of Purchasing and Contracting, through electronic upload to BuyNet before the Date and Time listed in Schedule.

1.4.1. If Offeror is unable to submit via BuyNet for any reason, Offeror may submit by providing the Purchasing and Contracting front desk with either (i) electronic files on CD/DVD or, (ii) a printed bid.

Offeror must prominently mark such submissions with the RFB number on the outside of the packaging.

Please use this method only if unable to submit through BuyNet.

1.4.2. When submitting via BuyNet, Offerors are advised to allow for sufficient time to submit by an alternate method in the event of technical difficulties.

1.4.3. For bids submitted electronically through BuyNet, the time on the BuyNet server shall be considered the official time for the purpose of determining timely submittal.

1.4.4. For bids submitted at the Purchasing and Contracting front desk, the time stamp at the front desk shall be considered the official time for the purpose of determining timely submittal.

1.4.5. In the event of multiple submittals of an original bid by an Offeror, the County will only consider the most recent submittal submitted before the due date and time. The County will not review or consider previous submittals, whether submitted at the front desk or through BuyNet. Offerors are strongly encouraged to submit only one original bid and to withdraw or replace any previous submittals in the event they update their bid. bids may be found non-conforming if the County is unable to determine which bid is the most recent, timely submittal.

1.5. A bid that is untimely or otherwise not submitted in conformance with 1.4 above will not be considered for award unless: it is received before award is made; the County determines that it is in its best interest to accept the bid; and

1.5.1. It is determined by the County that the late receipt was due solely to mishandling by the County, or

1.5.2. No timely and conforming bid was submitted.

1.6. Bids may be withdrawn by written notice signed by a duly authorized representative of Offeror if received prior to the due date.

1.7. Bids may not be withdrawn after the due date and time, except in the event of a Mistake in Bid, provided that the Offeror notifies the County of the Mistake in Bid, specifying in detail the mistake and how the mistake occurred, within five (5) business days.

https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html

1.7.1. A mistake in bid (“Mistake in Bid”) is defined as a mistake that (1) made the bid materially different than the bidder intended it to be, and (2) was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the requirements.

1.8. Offeror’s submittal of this bid constitutes an offer that, upon County’s acceptance (which may be of some or all of the bid items or lots in accordance with the Basis of Award), forms a binding contract that incorporates the Agreement, along with all other terms of this RFB. Without limiting the foregoing, Offeror agrees to execute revised contract documents reflecting the final contract award and such additional documents and instruments as may be reasonably required by the County in order to carry out the purposes of this RFB and the intentions of the parties.

1.9. By submitting a bid, Offeror agrees to these RFB Instructions and Rules and all other terms of this RFB.

2. QUESTIONS

2.1. Offerors shall direct requests for explanation regarding the RFB or related documents to the Contracting Officer in writing as a question (“Question”). Submit Questions by sending a message to the Contracting Officer through the “Discussions” functionality in BuyNet.

2.2. The County may choose not to respond to Questions received after the date and time stated Schedule. Offeror is responsible for ensuring that Questions are received by the County.

3. BID FORMAT

3.1. Submit electronic bids as files in .pdf format, except where specified otherwise. For pages other than signature pages, converted and searchable formats are preferred.

3.2. Bids shall be formatted to print on 8-1/2” x 11” page size, with no less than ½” margins and eleven (11) point font and to be suitable for black and white reproduction with no loss of information.

3.3. All bids shall be signed with a handwritten signature by an authorized officer or employee of the Offeror.

3.3.1. Electronic or digital signatures will not be accepted.

3.3.2. Pages requiring signatures must be scanned from an original handwritten signature. If Offerors are unable to submit a .pdf with scanned signatures, Offerors may optionally submit clear pictures of signature pages containing original handwritten signatures.

4. BID ORGANIZATION

4.1. Bids must be submitted using the County forms provided in this RFB and organized in accordance with the

Submittal Items in this RFB, accepting the County’s statement of work, terms and conditions, and other requirements without condition. Bids containing modifications, conflicting information, or competing terms may be found non-responsive. Offerors are advised to submit only the requested information.

4.1.1. Content shall be organized to correspond to the applicable exhibit and question or item within each exhibit.

4.1.2. Offerors shall separate each exhibit into one or more files, clearly named as to the exhibit and order.

4.1.3. Pages shall be consecutively numbered within each exhibit at the bottom or top margin of each page.

4.2. Confidential/Proprietary information:

4.2.1. The County is a public agency subject to the California Public Records Act, Government Code § 7920.000, et seq. Some or all of the documents submitted in response to this RFB may be subject to disclosure, and the County intends to publish any resulting contracts to its public website.

4.2.2. It is Offeror's responsibility to identify and separate into a "CONFIDENTIAL/PROPRIETARY” exhibit and to provide a signed Nondisclosure Indemnification Agreement for:

4.2.2.1. all confidential information that should be protected from disclosure, including PI (Personal Information), PII (Personally Identifiable Information), or PHI (Protected Health Information), and

4.2.2.2. any proprietary or other information Offeror determines is exempt from disclosure under the California Public Records Act and wishes to protect from disclosure.

4.2.3. The “CONFIDENTIAL/PROPRIETARY” exhibit must be clearly labeled with all pages marked as

“CONFIDENTIAL/PROPRIETARY”

4.2.4. Refence material in the “CONFIDENTIAL/PROPRIETARY” exhibit where it is needed to respond to a Submittal Item (for example “See response 1 contained within the “CONFIDENTIAL/PROPRIETARY” exhibit” for staff Social Security numbers”).

4.2.5. If the County determines that a submission improperly designates information as confidential or proprietary, the County may, at its sole discretion: (i) deem the information releasable; (ii) declare the submission non-conforming/non-responsive; (iii) remove such information, or (iv) take any other appropriate action. (Note: pricing and terms and conditions are generally not considered confidential under the California Public Records Act).

4.3. Bid Pricing

4.3.1. Submit bid pricing on the included Exhibit C Payment Schedule. Bid using only the units of measure stated in the Payment Schedule and price each bid item clearly and separately (do not aggregate bid items nor provide more than one price or a range of prices per item).

4.3.1.1. Pricing shall not exceed two (2) digits to the right of decimal point (hundredths). If unit pricing exceeds two (2) digits to the right of the decimal point, any digit(s) beyond two (2) will be dropped and will not be recognized by the County for the purposes of bid evaluation, contract award, or invoicing. The County will only use the first two digits after the decimal points without rounding up or down. If the County calculates a “new” unit price, said unit price will be in favor of the County and may be below the Contractor’s original bid price. The “new” unit price shall prevail over Contractor’s original bid price and shall be used in evaluation of bids, award, and invoicing.

4.3.2. All prices and notations must be clearly legible and in ink or typewritten. No erasures permitted.

Mistakes may be crossed out and corrected and must be initialed in ink by person signing the bid.

4.3.3. Submitted bid prices must be balanced (reflecting the true relative costs of the bid items), and not shift costs from one portion of the work to another portion of the work so as to place doubt on whether the bid will result in the lowest overall cost to the County or be tantamount to allowing an advance payment.

4.3.4. Unless otherwise specified, all prices shall be F.O.B. destination.

4.3.5. Prices shall include all freight and/or delivery charges, unless freight or delivery charges are separately itemized or otherwise allowed for in the Payment Schedule.

4.3.6. Unless otherwise specified, prices bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices.

4.3.7. You may offer payment terms more favorable to the County than NET 30, which the County may or may not accept at its sole discretion. Do not calculate such prompt payment discounts into your bid prices. Prompt payment discounts will not be considered in evaluation of bids to determine low bidder.

4.3.8. Prices shall be fixed during the performance of the Agreement and not subject to adjustment except as explicitly set forth in the Agreement. Bidder accepts the risk of any changes to bidder’s costs during the term of the Agreement.

4.3.9. Estimated quantities may be included in the Payment Schedule, and are provided solely for evaluation of bids. They represent approximate anticipated use based on historical consumption or other estimates.

If the County’s actual requirements do not result in orders in the quantities described as estimated in the Payment Schedule, that fact shall not entitle the successful bidder(s) to price adjustment or other relief.

5. BID EVALUATION

5.1. Award will be made to the lowest priced responsive bid(s) from a responsible bidder(s). The determination of lowest price shall include the application of the Small-Local Business preference, when applicable.

5.1.1. Award may be based on total bid amount, distinct lots, or individual items (“Basis of Award”).

5.1.2. In the event of a conflict between a unit price bid and the extended price, the unit price will prevail unless the conflict is a result of a Mistake in Bid. In that event, the bid will be rejected as non-responsive.

5.1.3. In the event of a tie bid between responsible bidders, award will be by random selection through a process determined by County and observable by the bidders involved in the tie. Should one or more of the bidders involved in the tie be a Small-Local Business, award will be made as described in 5.2 below.

5.2. Small-Local Business preference: In accordance with Section 405 of the San Diego County Code of Administrative Ordinances, when evaluating bids, the County will give a fifteen percent (15%) price preference to offerors that meet the definition of a Small-Local Business set forth in Board Policy B-53 and that have completed the Small-Local Business Self-Certification Form.

In accordance with Section 405 of the San Diego County Code of Administrative Ordinances, fifteen percent (15%) or one hundred and fifty thousand dollars ($150,000), whichever is less (“Price Adjustment”), shall be subtracted from the bid price of any Small-Local Business being evaluated for award (“Adjusted Price”). A Small-Local Business’s Adjusted Price shall be the basis for evaluating the bid’s price. In the event that one Small-Local Business is involved in a tie for the lowest responsible bidder, the Small-Local Business shall be awarded the contract. In the event that more than one Small-Local Business is involved in a tie for the lowest responsible bidder, the County shall randomly select among those Small-Local Businesses for contract award.

5.3. Reserved.

5.4. Brand Name or Equal

5.4.1. If items in this RFB have been identified as brand name “or equal,” such identification establishes a quality standard and is not intended to limit competition. Other brands will be considered for award if their products are determined by the County to be of equal or greater quality and to meet the County’s requirements.

5.4.1.1. Bidder shall clearly identify the brand name of items that are not of the brand specified by the County. Bids shall be considered as offering the specified brand unless otherwise indicated in the bid.

5.4.2. The County’s evaluation as to equality of a product offered by a different brand shall be based upon the information furnished in the bid, as well as other information known to the County. It is the Offeror’s responsibility to provide sufficient information for evaluation.

5.4.2.1. If Offeror proposes to modify a product so as to make it conform to the requirements, bidder shall include in the bid a clear description of such modifications.

5.4.2.2. Modifications proposed after bid submission will not be considered.

5.4.3. If Offeror proposes to furnish an equal product, Offeror must submit a request for pre-approval, including sufficient information for the County to evaluate the proposed equal item. The County’s evaluation as to equality of the product offered shall be based upon the information furnished in the bid as well as other information known to the County. It is the Offeror’s responsibility to provide sufficient information for evaluation. Offeror must submit requests for pre-approval at least 15 days before the bid due date and time. If the County accepts the proposed equal item, the County will issue an addendum stating its acceptance.

5.5. In evaluating an Offeror’s ability to satisfy the requirements of this RFB and any resulting contract, the County may also consider any parent, subsidiary, or related legal entity of Offeror, including, without limitation, a legal entity that Offeror acquired or merged with or will use as a guarantor in providing services to the County.

6. EVALUATION AND SELECTION PROCESS

6.1. Bids received timely will be opened publicly following the due date and time.

6.2. Bids received and the abstract of responses will be posted to BuyNet after the bid opening.

6.3. The posted bid opening abstract of responses serves as Notice of Intent to Award (“NOI”) to the apparent low bidder(s).

6.3.1. The County may rescind or modify the NOI at any time if the County otherwise determines that it is in its best interest to do so.

6.4. The County will evaluate bids received for conformance to the requirements of this RFB through a pre-award survey process. As a result of the pre-award survey, the County may determine that a bid is non-responsive to the County’s bid requirements or was submitted by a non-responsible bidder.

6.4.1. The County reserves the right to perform a pre-award survey to determine whether a bidder is responsible (possessing the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract) and whether a bid is responsive (conforming with material bid requirements).

6.4.2. As part of the pre-award survey, the County reserves the right to request clarification of and/or additional information (“Clarification”) from Offerors.

6.4.3. The Contracting Officer will determine the appropriate means of Clarification. The County is not obligated to seek Clarification, so Offerors are advised to submit complete and accurate information in the bid.

6.4.4. The request for Clarification is not an opportunity for a bidder to modify its bid, but only to provide additional information requested by the County to support the pre-award survey.

6.4.5. The County may request that samples be provided as part of the bid process, including with the bid submission, when evaluating proposed equal items, or during the pre-award survey. Samples must be furnished free of expense to the County, prominently marked with the RFB number, and delivered to the location specified by the County. Upon request and where feasible, samples will be returned to bidder at bidder’s expense and risk when the County’s review is complete.

6.4.6. Failure to timely provide requested information or samples may result in a finding of non-responsiveness or non-responsibility based on the information available to the County.

6.4.7. The County may consider information known to the County in addition to the information provided in response to the RFB.

6.4.8. The County has the discretion to treat each lot or line item separately for purposes of evaluation, in accordance with the Basis of Award.

6.4.9. The County has the discretion, but not the obligation, to waive any minor irregularities or deviations from the requirements of the RFB. The County reserves the right to waive a variation in specification if the County determines such variation does not materially change performance.

6.4.10. The County’s determination of responsibility or responsiveness shall be conclusive.

6.4.11. In the event the County finds an apparent low bid to be non-responsive or to have been submitted by a non-responsible bidder, the County will post a revised NOI.

6.5. If a contract is awarded, the County will award to the lowest responsive, responsible bidder(s) as determined by the County’s evaluation (“Successful Bidder”). Bids are subject to acceptance at any time within 120 days after bid opening. This period may be extended by mutual agreement of County and Offeror.

6.6. The actual timing and sequence of events resulting from this RFB shall ultimately be determined by the County, in its sole discretion. The County may, at any time cancel this RFB, reject all bids, restart evaluations, or correct any deficiencies in the procurement process or evaluation.

7. RELEASE OF INFORMATION

7.1. The County has the right to withhold all information regarding this procurement (other than information disclosed through public bid opening) until after contract award, including, but not limited to, the County pre-award survey and results thereof. Information releasable after award is subject to the disclosure requirements and withholding exemptions of the California Public Records Act

8. PROTEST PROCEDURE

8.1. Board Policy A-97 sets forth the procedures for the filing and resolution of protests related to this RFB. Board

Policy A-97 is available from the Clerk of the Board, 1600 Pacific Highway, San Diego, CA 92101, or on the County’s website at https://www.sandiegocounty.gov/content/sdc/cob/ocd.html.

8.2. All protests must be filed in accordance with Board Policy A-97, which requires, among other things, that a protest must be filed timely, be submitted in writing to the Contracting Officer identified in the solicitation package, and be based on a protestable action and established grounds for protest.

9. COUNTY COMMITMENT

9.1. This RFB does not commit the County to award a contract, nor does it commit the County to pay any of

Offeror’s costs incurred in the preparation or submission of the bid. Further, no reimbursable cost may be incurred in anticipation of a contract award.

9.2. Neither Offeror nor any of its representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFB or these procedures (other than those arising under a definitive contract with Offeror in accordance with the terms thereof).

9.3. The County reserves the right to separately procure the same or similar goods or services.

9.4. Pursuant to County Charter §§ 703.10 and 916, award of a contract resulting from this RFB may be subject to the County’s requirement to determine that the services can be provided more economically and efficiently by an independent contractor than by persons employed in the Classified Service

9.5. In the event that an Offeror is involved in a merger, acquisition, or other change in control, the County reserves the right to award a contract to a resulting entity.

10. DILIGENCE AND DUTY TO INQUIRE

10.1. Should an Offeror find discrepancies in or omissions from, or be in doubt as to the meaning of, the RFB or related documents, Offeror shall have a duty to submit a Question to the County.

10.2. Offerors are expected to perform reasonable due diligence with regard to this RFB and the work required, including, but not limited to, information that is publicly or otherwise reasonably available and, if applicable, information that can be obtained during a site visit (including verification of measurements, conditions, and other attributes). Neither the selected Offeror(s), nor any Offerors, shall be entitled to any price adjustment or other relief based upon information that was discovered or should have been discovered through due diligence.

10.3. The County makes no representation or warranty, express or implied, as to the accuracy or completeness of any diligence material or other information provided by the County or any of its agents, representatives, contractors or consultants. Such information may reflect good faith assumptions, estimates, or projections, which may or may not prove to be correct.

10.4. Offeror should not rely upon oral statements made or explanations given by the County, including any oral responses to Questions or other inquiries. No prior, current, or post award communication(s) with any officer, agent, or employee of the County shall affect or modify any terms or requirements of this RFB, except as explicitly provided for in this RFB.

11. OFFEROR COMMUNICATIONS

11.1. All communications from the Offeror (including its employees, agents, and representatives) to the County or its officers and employees (including consultants working on or assisting with this procurement), related to this RFB or the Offeror’s bid, must be directed in writing exclusively to the Contracting Officer, unless otherwise https://www.sandiegocounty.gov/content/sdc/cob/ocd.html authorized in writing by the Contracting Officer. Offerors shall not communicate with or attempt to contact any other County personnel about this solicitation, except as otherwise allowed for in this RFB or by law. Any improper contact may, at the County’s sole discretion, cause the Offeror to be removed from consideration for contract award.

11.2. If Offeror issues any public announcement, or otherwise engages in communication that, in the County’s sole determination, compromises the integrity of this RFB process or attempts to restrain competition, Offeror may be removed from consideration for award.

11.3. Audio and/or video recording of pre-bid conferences, presentations, discussions, negotiations, debriefings, or other communications with the County regarding this RFB are prohibited, unless specifically authorized in writing by the Contracting Officer.

12. SOLICITING EMPLOYEES

12.1. Until contract award, Offerors shall not, directly or indirectly, solicit any employee of the County to leave the

County’s employ in order to accept employment with the Offeror, its affiliates, actual or prospective contractors, or any person acting in concert with the Offeror without prior written approval of the County’s Contracting Officer. This paragraph does not prevent the employment by an Offeror of a County employee who has initiated contact with the Offeror.

13. PROHIBITED CONTRACTS AND SUBCONTRACTS

13.1. In accordance with Section 67 of the San Diego County Administrative Code, the County shall not contract with, and shall reject any bid or proposal submitted by the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:

13.1.1. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;

13.1.2. Profit-making firms or businesses in which employees described in subsection 13.1.1 serve as officers, principals, partners or major shareholders;

13.1.3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection 13.1.1, and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and

13.1.4. Profit-making firms or businesses in which the former employees described in subsection 13.1.3 serve as officers, principals, partners or major shareholders.

13.2. Per Board Policy A-79, a successful Offeror that is a non-profit corporation shall not subcontract any work under the agreement with a related for-profit subcontractor where an interlocking directorate, management, or ownership relationship exists, unless specifically authorized by the Board of Supervisors.

13.3. Offeror certifies that if awarded a contract under this RFB, such contract will be in compliance with Sections

13.1 and 13.2 above. Offeror shall promptly notify the County of any change in circumstance affecting these provisions.

14. CALIFORNIA REVENUE & TAXATION CODE § 18662

14.1. In compliance with California Revenue and Taxation Code § 18662, if Offeror is a non-resident of California

(out-of-state invoices) that receives California source income and has not completed Franchise Tax Board Form 590, there may be a backup withholding on all payments. Fifteen (15) business days prior to the first payment from the County, new suppliers, or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

14.2. Under certain circumstances, Offerors may be eligible for reduced or waived nonresident withholding. If Offeror has already received a waiver or a reduced withholding response from the State of California and the response remains valid, Offeror should submit the response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments. Offerors should access the Franchise Tax Board websites, listed below, for tax forms and relevant information regarding non-resident withholding, including waivers or reductions. The County will not give Offerors any tax advice. It is recommended that Offerors speak with their tax advisers and/or the State of California for guidance.

Franchise Tax Board Websites:

https://www.ftb.ca.gov https://www.ftb.ca.gov/forms/search/

14.3. If selected for award, the Offeror must submit applicable forms to the Auditor & Controller via fax, at (858) 694-2060, or mail originals to: County of San Diego, 5530 Overland Avenue, Suite 410, San Diego, CA 92123.

The P.O. Number or Contract Number (if available) and “California Revenue and Taxation Code § 18662” must appear on fax cover sheet and/or the outside of the mailing envelope.

15. W-9 FORM

15.1. If selected for award, the Offeror must complete and submit a W-9 form if a current form is not on file with the

County.

C. (RESERVED)

D. SUBMITTAL ITEMS

Offeror shall provide the requested supplemental information in response to the following Submittal Items in support of the County’s pre-award survey evaluation of responsiveness and responsibility. The failure to respond to all of the following Submittal Items may be grounds for the County to find the bid non-responsive.

Do not include any information in your response to these Submittal Items that modifies or conflicts with the requirements of this bid, including the Statement of Work and Agreement.

1) EXHIBIT 1 - REQUIRED FORMS

1.1. Submit a completed and signed Offeror’s Cover Page (PC600) form

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf

1.2. Submit a completed and signed Representations and Certifications form (PC601)

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf

1.3. Submit a completed and signed Small-Local Business Self-Certification Form (PC610)

• While the Small-Local Business Preference does not apply to this RFB due to funding source or other restrictions, all Offerors are encouraged to complete this form to support County data collection.

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf

1.4. Submit a completed and signed Nondisclosure Indemnification Agreement (PC620) (if applicable).

• Required if submitting Confidential/Proprietary Information (see RFB Instructions and Rules section 4.2)

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

2) EXHIBIT 2 - PROGRAM/TECHNICAL EXHIBIT

2.1. Additional Supporting information is not required for this RFB. Do not submit any additional information other than the required bid forms.

https://www.ftb.ca.gov/ https://www.ftb.ca.gov/forms/search/ https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

2.2. Items in this RFB have been identified as brand name or equal. Other brands will be considered for award if determined by the County to be of equal or greater quality and to meet the County’s requirements. Submit for each brand name or equal item:

2.2.1. The bid item for which the item is the proposed equal.

2.2.2. Detailed information about the proposed equal item and information to support the County’s determination. If proposing to modify a product so as to make it conform to the requirements, include a clear description of such modifications.

2.3. Samples

2.3.1. One (1) sample of each product is required. Sample must be furnished free of expense to the County.

2.3.2. Samples will not be returned to the supplier after submission.

2.3.3. The County shall have the right to review sample and to determine if such sample is acceptable to the

County. The County’s decision to award is contingent upon its acceptance of the product provided in the sample.

2.3.4. Samples are due ten (10) business days after the offeror is informed of lowest bid.

2.3.5. The County is not required to follow up on sample delivery. If sample is not received by due date, offeror's bid may be considered non-responsive.

2.3.6. Samples shall be sent to:

County of San Diego Department of Purchasing and Contracting Attn: Carlos Benitez 5560 Overland Ave., Suite 270, MS 032 San Diego, CA 92123

3) EXHIBIT 3 - COST/PRICE EXHIBIT

3.1. Submit a completed Payment Schedule

4) EXHIBIT 5 – CONFIDENTIAL PROPRIETARY

5.1 Include any Confidential/Proprietary Information in this exhibit, in accordance with RFB Instructions and Rules section 4.2

E. REQUIRED FORMS

(RESERVED)

F. STATEMENT OF WORK

1. SCOPE OF WORK

Contractor shall provide commissary items on an as-needed basis in accordance with the specifications herein.

2. GENERAL REQUIREMENTS

2.1. All individual line items are listed on the Pricing Schedule.

2.2. All items must be of the brand name that is stated in the pricing schedule. For items without a stated brand name, any item that meets the product specifications will be accepted. For those listed as "or equal", the equal product must be of the same quality and equivalent brand recognition as the stated item (i.e. if a nationally recognized brand is listed, the County will not accept generic or regional brands).

2.3. Nutritional and dietary information (i.e. gluten free, kosher, halal, etc.) shall be available on demand.

2.4. Upon award, vendor shall provide case counts of awarded products within 5 business days.

3. PRODUCT SPECIFICATIONS

3.1. No glass or metal containers. No resealable pouches. Foil lids or wrappers are acceptable.

3.2. Nutrition facts label required on all food items.

3.3. No pre-priced items.

3.4. All items shall have at least 60 days shelf life upon receipt and shall be guaranteed. If under 60 days, pre-approval must be received by the Sheriff's Office before delivery.

3.5. Replacement products due to missing items, expired items, etc. shall be delivered at vendor's cost within one business day.

3.6. All items capable of supporting a barcode shall be individually UPC coded on white background.

4. ORDER SPECIFICATIONS

4.1. Vendor shall be able to fill 95% of all requested orders. Any items that will not arrive with the delivery must be communicated by email before the delivery arrives and an ETA should be given.

4.2. All orders shall arrive at the East Mesa Central Warehouse within 48 hours of the order being placed.

4.3. The vendor shall accept the County Procurement Card for all orders under $5,000.

4.4. The County shall be given credit for damaged and returned items within five business days.

4.5. There shall be no restocking fee or other charges for returns of damaged or incorrect items.

4.6. There will be no minimum orders. The Commissary only orders what is needed for the operation and will not be liable for extra inventory held by the vendor.

4.7. Awarded items may not be ordered by the Commissary throughout the duration of the contract. It is at the discretion of the Commissary as to when an item will be purchased. (Do not bring in items when they are awarded. Please wait for confirmation from the Commissary).

4.8. All orders shall be shipped FOB Destination to:

East Mesa Central Warehouse 446 Alta Road, Bay 23 San Diego, CA 92158

4.9. Delivery hours are 7:00 am - 2:00 pm Monday through Friday. The warehouse is closed on County holidays.

4.10. The vendor and/or delivery personnel shall make all necessary arrangements and precautions to unload the shipment and complete the delivery. County employees and/or incarcerated person workers shall not enter the delivery vehicles or unload any shipments being received.

4.11. Contractor shall contact the Contracting Officer’s Representative (COR) for all contract-related questions and the warehouse Point of Contact (POC) for inquiries about the ordering process, delivery, and other related matters.

5. INVOICING/PAYMENT DEPARTMENT CONTACT

Invoices shall be sent both by mail and e-mail to the COR”

San Diego Sheriff’s Office Attn: Contracting Officer's Representative (COR) Reentry Services Division 446 Alta Rd. Bay 23 San Diego, CA 92158

G. PAYMENT SCHEDULE

Exhibit C - Payment Schedule posted separately to BuyNet with a file name of rfb_13400_exhibit_c_payment_schedule.xlsx.

H. AGREEMENT

The County’s contract with the successful Offeror(s) will be based upon the following Agreement, structured as follows:

Agreement

Exhibit A – Statement of Work Exhibit B – Reserved Exhibit C – Payment Schedule

Exhibits A (Statement of Work) and C (Payment Schedule) will be added during contract finalization.

COUNTY OF SAN DIEGO

STANDARD TERMS AND CONDITIONS OF PURCHASE

1. Acceptance: By acceptance of this purchase order, Vendor agrees to be bound by, and to comply with, these terms and conditions, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. The terms of any proposal from Vendor referred to in this order are included and made a part of the order, but only to the extent of specifying the nature, price and delivery date of the goods and/or services ordered, and then only to the extent that such terms are consistent with the terms and conditions of this order. Any invoice, acknowledgement or other form used by Vendor shall not add to, amend, or modify these terms and conditions.

2. Affirmative Action. If applicable, Vendor shall comply with the Affirmative Action Program for Vendors as set forth in Article lllk (Commencing at Section 84) of the San Diego County Administration Code which program is incorporated herein by reference. A copy of this affirmative action program will be furnished upon request.

3. Assignment. This order is assignable by County. Except as to any payment due hereunder, this order is not assignable by Vendor without written approval of County.

4. Audit Right. Pursuant to California Government Code Section 8546.7, the parties acknowledge that every contract involving the expenditure of public funds in excess of $10,000 shall be subject to audit by the State Auditor.

5. Cash Discounts. In connection with any cash discount specified on this order, time will be computed from the later of the date of (i) complete delivery of the goods and/ or services as specified, or (ii) receipt of correct invoices. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing of the County warrant or check.

6. Changes. County shall recognize no change to this order by Vendor without written approval.

7. Compliance With Laws. Vendor shall comply with all laws, codes, regulations, rules and orders (collectively, "Regulations") applicable to the good and/or services to be provided hereunder. Vendor's failure to comply with any applicable Regulations shall constitute a material breach of this purchase order.

8. Governing Law. This contract shall be construed and interpreted according to the laws of the State of California.

9. Delivery. Unless otherwise specified in writing in this order, all shipments will be F.O.B. point of destination. Freight or handling charges are not billable unless referenced on this order. Transportation receipts, if allowed by order, must accompany invoice.

10. Food Products.

A. Package. Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act of the California Business and Professions Code Section 12601-12615.5.

B. Compliance. Vendor hereby guarantees that the product or products comprising each shipment made by Vendor to County, as of the date of delivery, is not adulterated or misbranded within the meaning of the U.S. Federal Food, Drug, and Cosmetic Act, as amended, or within the meaning of applicable U.S.

State Laws or Municipal ordinances in which the definitions of adulteration and misbranding are substantially the same as those contained in the U.S. Act.

Distressed food commodities that are reconditioned, relabeled and/or re-cased are not acceptable.

11. Force Majeure. Each party hereto shall be excused from performance hereunder resulting from delays caused by an act of God, war, civil disturbance, court order, governmental action, laws, orders, regulations, directions or requests, or as a result of events such as public enemies, fires, earthquakes, floods, strikes or other labor disturbances of the other party or any third party, or other cause beyond its reasonable control (financial inability excepted) and which it could not have prevented by reasonable precautions, and, such non-performance shall not be a default hereunder or a ground for termination hereof. In the event that Vendor is excused from performance under this paragraph, Vendor shall take all reasonable actions to resume or provide alternative performance of its obligations at no additional charge to County. If any such delay exceeds thirty (30) days, then County may terminate this order.

12. Formal Bids. In the event this purchase order results from a formal bid, terms and conditions of that bid are incorporated herein and form a part of this purchase order. In the event of any conflict or inconsistency between the terms of this purchase order and the terms of a formal bid, the terms of the formal bid shall control.

13. Hazardous Materials. If the product being supplied presents a physical or health hazard as defined in Title 8 of the California Code of Regulations, Section 5194, or if the product contains one or more of the substances listed on the "List of Hazardous Substances" prepared by the Director of the California Industrial Relations Department pursuant to Labor Code Section 6380, the Vendor shall forward a "Material Safety Data Sheet", pursuant to Cal/OSHA requirements, referencing this purchase order/sub order number with the product shipment.

14. Timeliness. Time is of the essence and this purchase order is subject to termination for failure to deliver on time.

15. Indemnity. County shall not be liable for, and Vendor shall defend and indemnify County and the employees and agents of County (collectively, "County Parties") against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorney's fees and court costs (hereinafter collectively referred to as "Claims"), related to or arising out of this purchase order, and arising either directly or indirectly from any act, error, omission or negligence of Vendor or its contractors, licensees, agents, servants or employees, including Claims caused by the concurrent negligent act, error or omission of County Parties.

However, Vendor shall have no obligation to defend or indemnify County Parties against Claims (i) to the extent they arise from the active concurrent negligence of County Parties, or (ii) caused by the sole negligence or willful misconduct of County Parties.

16. Patent Indemnity. Vendor warrants and agrees that it shall defend, indemnify, and hold County harmless, at Vendor's expense, against any claim, suit, or proceeding brought against County insofar as it is based on a claim of infringement of any patent, copyright, trademark, or trade secret of a third party and will pay any costs or damages in connection therewith, including attorney's fees, arising out of this order.

17. Sales and Use Tax. On invoices, Vendor shall show any sales or use tax if applicable, as separate items, giving permit number authorizing collection of Use tax.

Vendor shall deduct cash discount before computing Sales or Use Tax.

18. Termination For Cause - Cancellation. The County may, by written notice of default to the Vendor, terminate this order in whole or in part, should the Vendor fail to make satisfactory progress, fail to deliver within the time specified or fail to deliver in strict conformance to specifications or requirements set forth herein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere and the defaulting Vendor shall be liable for the difference between the prices set forth in this order and the actual cost thereof to the County. In such case, the prevailing market price shall be considered to be the fair repurchase price. The rights and remedies of County provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this order.

18.1 If, after notice of termination of this order under the provisions of this clause, it is determined for any reason that the Vendor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant Clause 19, Termination For Convenience.

19. Termination For Convenience. The County may, by written notice stating the extent and effective date, terminate this order for convenience in whole or in part, at any time. The County shall pay the Vendor, as full compensation for performance until such termination, the unit or pro-rata order price for any delivered and accepted portion of the order. In no event shall the County be liable for any loss of profits on the order or portion thereof so terminated.

20. Warranty. Vendor agrees that any goods and/or services furnished under this order shall be covered by the most favorable commercial warranties Vendor gives to any of its customers for the same or substantially similar goods and/or services. Any warranties so provided shall supplement, and shall not limit or reduce, any rights afforded to County by any other provision of this order or by any applicable Uniform Commercial Code warranties.

21. Disallowance. In the event the Contractor receives payment for services under this contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County.