RFP_S24DOSH015_FINAL.pdf

STATE OF CALIFORNIA Gavin Newsom Governor

REQUEST FOR PROPOSAL (PRIMARY METHOD)

Notice to Prospective Proposers RFP No. S24DOSH001

June 11, 2024

You are invited to review and respond to this Request for Proposal (RFP) No. S24DOSH001, titled, “Full Service Laboratory Analysis.” In submitting your proposal, you must comply with the instructions found herein.

This RFP is published online in the California State Contracts Register (CSCR) at https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda to this RFP that may be issued, interested parties are encouraged to register online at:

https://caleprocure.ca.gov.

The Department of Industrial Relation’s (DIR) deadline for receipt of proposals is July 8 2024 no later than 4:00 pm. All proposals received late will be rejected. File size cannot exceed 50 Mega Bytes (MB). The naming convention of the proposal must be in the following format: “RFP S24DOSH015 (Insert vendor name) Proposal.” Proposals must be received on or before the date and time specified herein at email addresses provided below:

EMAIL RFP Proposal to:

procurement@dir.ca.gov CC: sfernandez@dir.ca.gov klanterman@dir.ca.gov

You are advised that you are responsible for ensuring that your proposal is received by the above listed contact person by the time and date required. Any proposal reaching the contact person after the deadline date and time will be rejected.

In the opinion of DIR, this RFP is complete and without need of explanation. However, if you have questions, notice any discrepancies or inconsistencies, or need any clarifying information, contact the person listed below. All questions must be submitted in accordance with the RFP instructions contained herein and sent via email directly to the below listed contact person and not through the Cal eProcure system.

Contact: Stephen Fernandez Email: sfernandez@dir.ca.gov CC: klanterman@dir.ca.gov

We appreciate your interest in this project and hope to receive a proposal from you if this is within your area of expertise.

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/ mailto:procurement@dir.ca.gov mailto:magbayani@dir.ca.gov

Department of Industrial Relations RFP No. S24DOSH015

Table of Contents

SECTION PAGE

I. PURPOSE / BACKGROUND / SCOPE OF WORK 4

A) Purpose 4 B) Background 4

II. PROPOSAL REQUIREMENTS (GENERAL) AND INFORMATION 5

A) Key Action Dates 5 B) Questions Regarding RFP Requirements 5 C) General Proposal Requirements 6 D) Submission of Proposals 6 E) Modification and/or Withdrawal of Proposals 7 F) Proposer Responsibilities 7 G) Signature 9 H) Disposition of Proposals 9 I) Socio-Economic and Preference Programs 9

III. PROPOSAL REQUIREMENTS (TECHNICAL) 11

A) Technical Proposal Requirements 11

1) Minimum Qualifications 11

2) Title Page 11

3) Cover Letter / Letter of Commitment 12

4) Table of Contents 12

5) Summary 12

6) Minimum Qualifications Response 12

7) Required Attachments 12

8) References 12

9) Conflict of Interest and Confidentiality Statement 13

10) Subcontracts / Subcontractors 13

11) Technical Portion 13

a. Management Plan 13

b. Methodology (Approach to Work) 14

c. Work Plan and Work Schedule 14

d. Personnel / Experience/Work Samples 16

e. Page Headers and Page Numbering 17

B) Cost Proposal Requirements 17

1) Cost Detail 18

2) Page Headers and Page Numbering 18

IV. EVALUATION, SELECTION, AND AWARD 18

A) Administrative Evaluation (Phase 1) 18

1) Responsive and Responsible Proposer 18 B) Technical Evaluation (Phase 2) 18

1) Scoring Criterion Guidelines 19

2) Cost Proposal Opening and Evaluation 27 C) Proposal Rejection 28 D) Selection 28 E) Notice of Proposed Award 28 F) Standard Conditions of Service 29

G) Post Award Requirements 30

ATTACHMENTS

1. Required Attachment Checklist 31

2. Draft Standard Agreement (STD 213) 32

Exhibit A, Scope of Work 33 Exhibit A, Attachment 1 – Samples 40 Exhibit A, Attachment 2 – Technical Proposal 41 Exhibit B, Budget Detail and Payment Provisions 42 Exhibit B, Attachment 1 – Contractor Cost Sheet 43 Exhibit C, General Terms and Conditions (GTC 04/2017) 44 Exhibit D, Special Terms and Conditions 45 Exhibit E, Additional Provisions 51

Exhibit F, Statement Regarding Confidentiality and Security of DIR Information

Exhibit G, Acknowledgment of Confidentiality 57

3. Proposer References Form 58

4. Payee Data Record (STD 204) 59

5. Contractor Certification Clauses (CCC 04/2017) 61

6. California Civil Rights Laws Certification 65

7. Darfur Contracting Act Certification 66

8. Bidder Declaration Form 67

9. CA DVBE Bid Incentive Instructions 69

10. Contractor Cost Sheet 72

11. Detailed Response for Minimum Qualifications 73

12. Onsite Evaluation Form 74

13. Generative Artificial Intelligence (GenAI) Disclosure & Factsheet 76

I. PURPOSE / BACKGROUND

A. Purpose

This RFP is to solicit competitive proposals from experienced and qualified laboratories to provide laboratory technical and analytical support services for the Industrial Hygiene and Safety Program within the Department of Industrial Relations (DIR), Division of Occupational Safety and Health (DOSH).

DOSH is seeking one full service laboratory accredited by the American Industrial Hygiene Association (AIHA) Laboratory Accreditation Program to analyze samples collected in the course of DOSH’s activities. The full service laboratory must be proficient in analyzing all categories of analytes under the AIHA Proficiency Analytical Testing (PAT) Program. The awarded contractor will provide analytical and consultative laboratory services.

For a detailed description of the work to be performed, please refer to Attachment 2, Draft Standard Agreement. The work of this contract is expected to require thirty-six (36) months;

no work shall begin until all required signatures and approvals are obtained and the DIR Project Manager provides direction to start work when the contract is executed.

The total budget for the entire contract is $280,000.00. Proposals exceeding this amount may be deemed non-responsive and ineligible for award.

B. Background

DIR/DOSH has safety engineers and industrial hygienists engaged in enforcement of occupational safety and health regulations in California. Industrial hygienists and safety engineers need analytical laboratories to perform quantitative and qualitative analyses for air, wipe and bulk samples collected during their enforcement inspections. In addition, there are occasions when special analytical work is needed that the contract laboratory may not have the capability to perform. In these situations, the contract laboratory must be able to arrange for the requested work to be done at another qualified laboratory with direction from and the approval of DIR/DOSH.

II. PROPOSAL REQUIREMENTS (GENERAL) AND INFORMATION

This section contains instructions for the submission of your proposal. It is the responsibility of the proposer to carefully read and follow all proposal requirements within this RFP.

Compliance with the RFP instructions is mandatory for your proposal to be considered for award. Failure to comply with the RFP instructions may cause your proposal to be deemed non-compliant and non-responsive, thus ineligible for award.

A. Key Action Dates

Below is the tentative time schedule for this RFP. DIR reserves the right to modify the RFP and/or change dates and times at its sole discretion, prior to the date fixed for submission of proposals, by the issuance of an addendum that will be posted on the California State Contracts Register (CSCR) at: https://caleprocure.ca.gov.

1. DIR reserves the right to modify or cancel in whole or any part of this solicitation.

2. Clarifications to the solicitation will only be provided in the form of a written addendum to all Proposers.

Key Actions Dates Time RFP available to prospective Proposers 6/11/2024 N/A Written Questions Submittal Deadline 6/21/2024 2:00 PM Question and Answers Addendum Posted 6/28/2024 4:00 PM Final Date for Proposal Submission/Receipt by DIR 7/8/2024 4:00 PM Opening of Bids via Microsoft TEAMS

Link: https://teams.microsoft.com

Meeting ID: 215 047 779 96 Passcode: iPjuTN

Join by phone:

+1 619-407-9860 Phone conference ID: 703 511 430#

7/9/2024 9:00 AM

Complete Evaluation of Proposals 7/12/2024 N/A Site Visits 7/12/2024 –

7/18/2024 N/A

Posting of Notice of Intent to Award (NOIA) on CaleProcure (NOIA shall be posted for a minimum of five [5] business days before contract award)

7/19/2024 N/A

Agreement sent to successful Proposer 7/26/2024 N/A Signed Agreement returned to DIR for counter-signature TBD N/A

Agreement Approved and Executed – work begins 9/2/2024 N/A

Dates listed above (or below, depending on page) are estimates only, and subject to change at DIR’s sole discretion. No work shall begin until all required approvals and signatures, including the Department of General Services (DGS) Office of Legal Services, if applicable, are obtained.

B. Questions Regarding RFP Requirements

All questions or concerns related to the RFP requirements must be directed electronically to:

https://caleprocure.ca.gov/ https://teams.microsoft.com/

Office of Administrative Services Contracts, Procurement, and Business Services Branch Contact: Stephen Fernandez Email: sfernandez@dir.ca.gov

Questions must be received by the date and time specified under Section II, A. Key Action Dates. Answers to all questions submitted will be in the form of an addendum posted to the DGS California State Contracts Register (CSCR) website https://caleprocure.ca.gov/pages/index.aspx by the date and time specified under Section II, A. Key Action Dates. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to all parties/participants. All questions must be submitted referencing the RFP number in the subject line, directly to the above listed contact person and not through the Cal eProcure system.

C. General Proposal Requirements

1. Proposals should provide straightforward and concise descriptions of the Proposer’s ability to satisfy the requirements of this RFP. The proposal must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a proposal.

2. Proposals must be submitted for the performance of all services described herein.

Any deviation from the work specifications (Section Ill, Proposal Requirements, and Attachment 2, Draft Standard Agreement) may cause a proposal to be rejected.

D. Submission of Proposals

1. Proposals must be submitted no later than the date and time indicated in Section

II.A. Key Action Dates, and must be addressed as follows in Item 2.

Proposals received after this date and time will not be considered and will be rejected.

2. Delivery Instructions

Responses to this RFP shall be submitted to DIR at the following email addresses provided in Section 2.b. below and include:

a. One (1) email attachment containing ONLY the Technical Proposal and all other required elements.

b. One (1) email attachment containing ONLY the Cost Proposal.

c. Submit to the following email addresses and reference the RFP number in the subject line.

Procurement@dir.ca.gov CC: sfernandez@dir.ca.gov

3. Each proposal will be reviewed to determine if it meets the proposal requirements contained in Section lV, Proposal Requirements (Technical). Failure to meet the requirements for the RFP may be cause for rejection of the proposal.

4. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all proposals and may waive any immaterial deviation in a proposal. The State’s waiver of immaterial defect shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if the Proposer is awarded the Agreement.

5. DIR may modify the RFP up to the specified time of the date fixed listed for submission of proposals by the issuance of an addendum to all parties who received a proposal package. Any addendum(s) will be issued through the Cal eProcure system. DIR reserves the right to reject any or all bids. The agency is not required to award an agreement. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the State.

6. More than one (1) proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any Proposer has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that Proposer. If there is reason to believe that collusion exists among the Proposers, none of the participants in such collusion will be considered, in this or future procurements.

E. Modification and/or Withdrawal of Proposals

1. A Proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline.

Proposer modifications offered in any other manner, oral or written, will not be considered.

2. A Proposer may withdraw its proposal by submitting a written withdrawal request to DIR signed by the Proposer or an agent authorized in accordance with Section II.G., titled “Signature.” A Proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

F. Proposer Responsibilities

1. Proposers should carefully examine the entire RFP, with special attention to the tasks and deliverables found in Attachment 2, Draft Standard Agreement.

Proposers shall investigate obstacles that might be encountered. No additions or mailto:Procurement@dir.ca.gov mailto:magbayani@dir.ca.gov increases to the agreement amount will be made due to a lack of careful examination of the requirements.

2. Before submitting a response to this RFP, Proposer(s) should review their response, correct all errors, and confirm compliance with the RFP requirements. It is the Proposer’s responsibility to complete and submit all required attachments as listed on Attachment 1.

3. Costs incurred for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the Proposer and shall not be charged to

DIR.

4. It is the Proposer’s responsibility to promptly notify DIR’s contract analyst identified in the solicitation, in writing, by e-mail, if the Proposer believes that the solicitation is unfairly restrictive, contains errors or discrepancies, or is otherwise unclear. Notification must be done immediately upon receipt of the solicitation in order that the matter may be fully considered and appropriate action taken by DIR prior to the closing time set to receive solicitation responses. Such notification must be submitted no later than the question and answer period referenced in Section II.A., Key Action Dates. All such correspondence received after the question and answer deadline will not be considered.

5. Proposer is responsible to review, read, understand, and comply in full with the

State’s General Terms and Conditions along with the Contractor’s Certification Clauses (CCC) as listed at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract- Language.

6. Each proposal must constitute an irrevocable offer for a period of at least 180 working days after proposal submission.

7. The Proposer must provide evidence to show that members of the team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to: résumés, letters of reference, project summaries that highlight the team’s specific experience. Proposers must complete Attachment 3, Proposer References Form.

8. The Proposer must own and operate a legitimate business. If required by law, the

Proposer must be registered and in good standing with the California Secretary of State. All businesses that are required to be registered with the California Secretary of State must be registered prior to date of Agreement award. Evidence of registration shall be submitted with the proposal.

9. In the event that any license(s) and/or permit(s) expire at any time during the term of this agreement, Proposer agrees to provide agency a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Proposer fails to keep in effect at all times all required license(s) and permit(s), the https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

10. It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

11. The Proposer must complete and submit to DIR, the Payee Data Record (STD 204), Attachment 4, to determine if the selected proposer is subject to state income tax withholding, pursuant to California Revenue and Taxation Code, Section 18662.

This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fm c/pdf/std204.pdf . No payment shall be made unless a completed STD 204 has been returned to DIR. Payee Data Record Supplemental (Std. 205) (if applicable) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

12. The Proposer must sign and submit to DIR, page one (1) of the Contractor

Certification Clauses (CCC 04/2017), Attachment 5, or the form can be obtained via the Internet at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract-Language.

13. The Proposer must sign and submit to DIR, the California Civil Rights Laws

Certification, Attachment 6.

14. The Proposer must sign and submit to DIR, the Darfur Contracting Act Certification, Attachment 7.

15. The Proposer must complete and sign the GenAI Disclosure &

Factsheet Form, Attachment 13.

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

G. Signature

1. All documents requiring signatures contained in the original proposal package must have original or electronic signatures.

2. Only an individual who is authorized to bind the proposing firm contractually shall sign the required Cover Letter for the proposal. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

H. Disposition of Proposals

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents.

I. Socio-Economic and Preference Programs

1. Disabled Veteran Business Enterprise (DVBE) Incentive – Optional

This solicitation does not require a minimum amount of DVBE participation.

However, you are strongly encouraged to either become certified, if eligible, or to subcontract a portion of the work to a certified DVBE. If a prime bidder is a certified DVBE or commits to subcontracting with DVBE(s), the bid may be eligible to receive a bid preference provided that the DVBE provides a commercially useful function as defined in California Military Code Section 999(i) and California Code of Regulations, Title 2, Section 1896.71. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on Attachment 8, titled Bidder Declaration GSPD-05-105 and confirmed by the State. Proposers claiming the DVBE incentive must complete and return the Disabled Veteran Business Declarations form found at:

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf.

The incentive amount varies in conjunction with the percentage of DVBE participation offered. The minimum requirement is 1% with a maximum of 5% DVBE participation and the incentive will be equal to the participation offered as defined below:

Confirmed DVBE Participation of:

DVBE

Incentive:

1% to 1.99% inclusive 1% 2% to 2.99% inclusive 2% 3% to 3.99% inclusive 3% 4% to 4.99% inclusive 4%

5% or Over 5% http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

2. Small Business (SB) or Microbusiness (MB) Preference – Optional

If Proposer is claiming the 5% certified SB or MB preference, or is committing to subcontract 25% or more of their net bid price to one or more certified SB or MB (Non-small business preference [NSB]), list firm names on Attachment 8 (GSPD-05- 105 Bidder Declaration) and attach a copy of the certification. Additional References:

http://www.pd.dgs.ca.gov

Questions regarding the certification approval process or the SB program should be directed to the Department of General Services, Procurement Division at (800) 559- 5529 or (916) 375-4940; email: OSDSHelp@dgs.ca.gov. For the 24-Hour Recording & Mail Request call (916) 322-5060.

SB, MB or NSB bidders or proposers using the SB preference shall be granted a preference consisting of 5% of the lowest non-small business cost responses from the cost response of each small business or non-small business subcontracting 25% or more to a SB.

3. Target Area Contract Preference Act (TACPA)

The TACPA preference will be granted for this solicitation. Proposers wishing to take advantage of this preference will need to review the following website and submit the appropriate response with their proposal: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract- Preference?search=TACPA Proposers seeking to obtain a TACPA preference must complete and submit the TACPA Preference Request, STD. 830, and DGS/PD 526 with their Proposal. The STD. 830 and DGS/PD 526 are available to download at the link provided above.

III. PROPOSAL REQUIREMENTS (TECHNICAL) (DO NOT INCLUDE COST PROPOSAL)

A. Proposal Requirements

The proposal must contain the following components, information and documents outlined below. Each requirement’s location must be listed in the Proposal’s Table of Contents. Also see Section II. D. Submission of Proposal, for general submittal details.

1. Minimum Qualifications

The Proposer must provide a detailed response, outlining information as to how the Proposer meets each of the minimum qualifications listed below. The Proposer must provide their detailed response on Attachment 11, Detailed Response for Minimum Qualifications. Proposals that do not meet the minimum qualifications will be determined non-responsive and ineligible for award.

1. The primary laboratory performing the work must be located in California. The proposer must provide contact name, phone number and location.

http://www.pd.dgs.ca.gov/ https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference?search=TACPA https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference?search=TACPA https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference?search=TACPA

2. A statement providing the dates in which the respondent laboratory’s facility providing services under this contract passed the most recent AIHA Proficiency Analytical Testing (PAT) Program for metals, environmental lead, asbestos, silica, and organic solvents.

3. A letter of permission must be included with this proposal from the laboratory giving the federal Salt Lake City lab access to each laboratory’s AIHA-Pat program results. This letter must include each laboratory’s AIHA-PAT identification number with this proposal.

4. A statement from proposer that their facility has at least the following equipment and analytical capability:

i. Polarized Light Microscope

ii. Phase Contrast Microscope

iii. Gas Chromatograph with Flame Ionization, Electron Capture and

Thermal Conductivity Detectors

iv. Mass Spectrometer

v. Ion Specific Electrode Meter

vi. pH Meter

vii. Microbalance

viii. Atomic Absorption Spectrometer

ix. Graphite Furnace

x. High Pressure Liquid Chromatography

xi. Inductively Coupled Argon Plasma

2. Title Page

The purpose of this page is to provide information needed by DIR administrative staff. It must contain the following items:

a. The title of the proposal, which must be the same as the title of the RFP;

b. The number of the RFP, S24DOSH015; and

c. The date of proposal.

3. Cover Letter / Letter of Commitment

The cover letter must not be more than two (2) pages, in Arial size-12 point font or similar, and must include the following paragraph and the signature of the representative authorized to make the proposal on behalf of the firm:

“The enclosed proposal is submitted in response to the above referenced Request for Proposal S24DOSH015, including any addenda. Through submission of this proposal, we agree to all of the terms and conditions of the Request for Proposal, and agree that any inconsistent provisions in our proposal may result in a lower score, up to and including disqualification. We have carefully read and examined the Request for Proposal, and have conducted such other investigations as were prudent and reasonable in preparing the proposal. We agree to be bound by statements and representations in our proposal.”

The cover letter must be provided on the company’s letterhead and include the following information and statements:

a. The name and address of your company [NOTE: You may use a Post Office box, but please provide your company’s street address]; and

b. The name, title, and signature of a company official authorized to bind the proposal.

c. Name, email and/or phone number for the Proposer’s contact for DIR inquiries related to the proposal.

4. Table of Contents

5. Summary

The abstract shall be no longer than one (1) page. Include a brief description of the proposed project briefly summarizing the main point of the various sections of the proposal, including the features and benefits of the proposal.

6. Minimum Qualifications Response

Provide a response, outlining detailed information demonstrating how the Proposer meets each of the minimum qualifications listed in Section III.A. Submit all applicable documentation.

7. Required Attachments

The Technical Proposal must include all of the completed attachments listed in Attachment 1, Required Attachment checklist.

8. References

Each proposer must provide at least three (3) references detailing similar services in the last five (5) years, related to the goals and objectives outlined in the RFP.

References must be provided using Attachment 3, Proposer References Form.

Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your proposal may cause your proposal to be rejected and deemed non-responsive. Attachment 3 may be copied for additional references.

9. Conflict of Interest and Confidentiality Statement

Proposer and each member of Proposer’s technical staff proposed to work on this project must sign and submit Attachment 2, Draft Standard Agreement, Exhibit E, Attachment 1 – Conflict of Interest and Confidentiality Statement with your proposal.

10. Subcontracts/Subcontractors

If subcontractors are to be used, the Proposer must include in the Technical Proposal, a description of each person or firm and the work to be done by each subcontractor. Please use Attachment 8, Bidder Declaration Form (GSPD 05-105), to list all subcontractors used for this project. All subcontracts must be approved by DIR, and no work shall be subcontracted without the prior written approval of the State. The cost of the subcontract work is to be itemized in the Cost Proposal as described below in the section entitled Cost Proposal Requirements, and not in the Technical Proposal.

11. Technical Portion

Proposer shall demonstrate their understanding of the questions, or needs, that DIR is seeking to have addressed. The technical approach and work plan are considered the heart of the proposal and will receive a high level of scrutiny. This part of the proposal will be evaluated to ensure all tasks and deliverables, listed in the Scope of Work, are included and responsive. The technical portion of the Proposal must include a written response to all scoring elements listed in the sample Proposal Evaluation form, Section IV.B.3, and must include the following:

a. Management Plan

The Proposer shall provide a project management plan including the management structure and project organization. The Proposer shall designate, by name, the Project Manager to be employed. The selected Proposer shall not cause the substitution of the Project Manager without prior written approval of the State. Proposers should include methods to measure project progress against the project management plan to maintain project schedule.

b. Methodology (Approach to Work)

The Proposer shall describe their methodology and approach to the work, identify specific techniques and methodologies that will be used and specific administrative and operational management expertise that will be employed in order to accomplish the tasks listed in this RFP under Attachment 2, Draft Standard Agreement. Proposer shall indicate how skills developed in previous related work will be applied to the work described in this RFP.

The Proposer shall demonstrate their knowledge in the services requested and the subject of the RFP and lay the groundwork for the actual work to be performed for this project.

c. Work Plan and Work Schedule

The Proposer shall develop a Work Plan and Work Schedule that allows all tasks to be completed within the timeframes outlined in the Scope of Work. The Work Plan and Work Schedule shall identify each major task, necessary subtasks, and milestones by which progress can be measured and payments made. The Work Plan shall specify the estimated hours to accomplish each task and the Work Schedule shall provide the responsible party for performing the task, and anticipated dates of completion.

The Work Plan shall indicate how the supervision and oversight will be conducted for ensuring that the project will remain on schedule and that the distribution of workload is appropriate.

See Attachment 2, Draft Standard Agreement, for details on the services required.

d. Required Elements

a. A statement providing the respondent laboratory’s location address and identifying laboratory service contract (i.e. Full Service Laboratory in California), respondent laboratory is bidding on in the proposal being submitted. The statement shall include the names and addresses of all remote laboratory facilities where analyses covered by this contract will be performed.

b. A statement of the dates in which the respondent laboratory’s facility and all remote facilities providing services under this contract were accredited by the American Industrial Hygiene Association (AIHA). For the bidding laboratory location and all remote facilities, a statement of the professional qualifications of the laboratory director, supervisor, and personnel, currently on staff and anticipated to be hired, who will provide the requested services. A statement of the number of staff including the Lab Director, who hold a Certified Industrial Hygienist certification or any advanced (beyond Bachelors of Science) degrees.

A statement of the number of staff with an Associate in Science or Bachelor’s degree in Science, or other degree associated with laboratory analysis. A statement of the percentage of staff with greater than one year of experience in the area of analysis that they perform.

c. A statement of the laboratory personnel’s ability, experience and willingness to:

i. Consult with DIR on issues such as choosing appropriate sampling and/or analytical methods for various situations; and

ii. Act as expert witnesses to support the analytical results of the laboratory.

d. For the proposers location and all remote facilities, a description, in general, of the laboratory facility and a listing of the make, model number, and age of the major pieces of laboratory instrumentation that will be used in providing the requested chemical analytical services.

e. A statement that defines the laboratory’s regular workdays and time schedule for receiving and analyzing Routine Samples submitted by DIR and a list of holidays when Routine Samples may not be received.

f. A statement regarding how DIR staff will access services at remote facilities including the hours of operation as described above.

g. A list of the types of analytical services that the laboratory will provide for Routine samples, e.g. gas chromatography for benzene vapor collected on charcoal sorbent tubes.

h. A list of the types of analytical services that the laboratory will provide for 24-Hour

Samples; e.g. phase contract microscopy for asbestos fibers collected on filters.

i. A description of the quality assurance program of the laboratory, including all remote facilities that will be used to assure a high level of quality for the requested services.

j. A description of the security measures that will be used to protect the integrity and security of the samples sent to the laboratory. Since the subject samples may be used for legal purposes, the integrity of the samples must not be compromised. The description must include the laboratory’s chain of custody in handling samples, how samples are stored, the type of security used in the area where samples are stored, and how samples are handled within the laboratory from a security perspective. If a sample is to be analyzed or tested by a subcontract or remote laboratory, a procedure must be included in order to assure that the required chain of custody will be maintained; i.e. how samples will be transported and stored, type of security that will be used for storage of the samples, and how samples will be handled within the subcontract or remote laboratory from a security perspective.

k. A statement that the specific analytical method used to analyze samples submitted by DIR will be chosen according to the following selection schedule:

i. The specific analytical method requested by the sample proposer.

ii. If a specific analytical method is requested, but the laboratory cannot perform it, the laboratory will immediately notify the sample proposer so that instructions can be given.

iii. If no specific analytical method is requested, then the laboratory shall use methods specified in the document entitled “Federal OSHA Inorganic and Organic Analytical Methods”. If the laboratory does not use the Federal OSHA analytical method for the requested analyte, the lab will contact the sample proposer for permission to use a NIOSH, or other, accepted method.

iv. If the Federal OSHA Inorganic and Organic Analytical Methods document does not specify an analytical method for the substance, then the analysis shall be conducted using the method specified in the “NIOSH Manual of Analytical Methods”.

v. If the NIOSH Manual of Analytical Methods does not specify an analytical method for the substance, then the laboratory shall contact the sample proposer and make a recommendation. The analysis shall not proceed until the sample proposer has indicated which methodology should be used.

l. A statement that the laboratory will determine and report its coefficient of variation for each analytical method used with every report of quantitative analytical results.

m. A statement that the procedure for initial reporting of analytical results, which shall include the analytical methods used and the applicable standard analytical errors, shall be as follows:

i. For Routine samples, the laboratory shall email initial reports of analytical results to the DOSH submitting office within 10 working days of the date the samples are received by the laboratory.

ii. For 24-Hour Samples, the laboratory shall email initial reports of analytical results to the DOSH submitting office within 24 hours of the time the samples are received by the laboratory.

iii. For Priority Samples, the laboratory shall email initial reports of analytical results to DOSH within the time frame agreed upon by DOSH and the laboratory at the time the analysis is requested by DOSH.

n. In specifying the fees for these services, the laboratory may include a separate charge for analysis of 24-Hour and Priority Samples. However, payment of the extra charge by DOSH shall be contingent on receiving the complete reports on schedule. See Exhibit B, 1.D. (51) for minimum Laboratory report items.

o. A statement that the laboratory will appropriately store remaining sample portions that are feasible to be stored and maintain all records associated with the analysis until they are disposed of at the direction of DOSH.

p. A statement that the laboratory will handle and dispose of samples submitted for analysis in accordance with State and federal regulations. Also include in the statement that the laboratory will receive, handle, and dispose of small quantities of other hazardous substances for an extra cost. (This includes, but is not limited to, expended colorimetric detector tubes submitted to the laboratory by DOSH).

Prior to disposal of any remaining samples, the laboratory will consult with the District Manager of the proposer to determine if the disposal may be performed.

The laboratory will send a written or email request for disposal which describes the samples and the associated sample numbers. The District Manager will notify the laboratory in writing or email whether the request for disposal is granted or denied.

q. A statement, for the purpose of this proposal, of the laboratory’s most recent Analytical Error (AE) for the selected analytes listed below in terms of the +/-percent error range where there is a 95% confidence level that the true value is within the range of values determined by the stated analytical method below:

ANALYTE METHOD

Asbestos Fed OSHA ID-160/NIOSH 7400 Chromium Fed OSHA ID-215 v2 Formaldehyde NIOSH 2016 Lead, Inorganic Fed OSHA ID-125

Total Isocyanates NIOSH #5525 Methylene Chloride Fed OSHA #80 Toluene (with confirmatory analysis) Fed OSHA #111 Total dust (particulates not otherwise regulated) NIOSH #0500

e. Physical equipment and analytical procedures used by the laboratory . This criteria must at a minimum include the following elements

Relative age and working condition of equipment.

On-site redundancy and backup for equipment.

Regular calibration that is documented and within specification.

Documentation and standards on-site for each analysis, including standards traceable to NIST.

Additional capability for more specialized analysis.

f. Procedures for identifying the constituents of sample of material whose identity is unknown, this criteria must at a minimum include the following elements

Written procedures and documentation.

Regular and effective training on procedures.

Capability of identifying unknowns in a range of samples.

g. Qualifications of laboratory personnel and their ability and willingness to consult with DOSH on issues such as choosing appropriate sampling and/or analytical methods for various situations, and B) act as expert witnesses to support the analytical results of the laboratory.

There must be a CIH as the lab director or in another supervisory capacity or the lab is not acceptable.

The number of staff over and above the director with a CIH or advanced (above BS) degree.

The percentage of staff with an AS or BS or other degree associated with lab analysis.

The percent of staff with greater than one year experience in the area of analysis they perform.

Additional training and specialization of analysts.

h. Page Headers and Page Numbering

All pages of the Technical Proposal, including cover pages, Table of Contents, references and resumes, and the Bidder Declaration Form GSPD-05-105 (Attachment 8) shall have the following header and page numbering format in the upper right-hand corner:

Technical Proposal RFP NoS24DOSH015 Exhibit A, Attachment 1 Page ## of ##

B. Cost Proposal Requirements (DO NOT INCLUDE TECHNICAL PROPOSAL)

The cost breakdown (Cost Proposal) shall be provided as a separate attachment via email. Cost Proposals shall include the following required information: Budget, and Preference Program Documents (See Section I. Socio-Economic and Preference Programs) and at a minimum, all information listed on Contractors Cost Sheet

Proposers shall submit the rates for each item listed. The rates submitted shall be fixed for the life of the contract awarded through this RFP.

Travel expenses shall not be reimbursed by the State as a separate line item on the cost sheet. Proposer is expected to include travel costs as an overhead cost included in the hourly rates in the bid price. Most RFP’s are for services only; equipment and supplies are not authorized unless specifically cited in the RFP.

DIR’s budget for the proposed contract is limited to $280,000.00. Any cost proposals exceeding this amount will be disqualified and ineligible for award. Proposers shall submit a cost proposal for all tasks described in Attachment 2, Draft Standard Agreement.

1. Cost Detail

a. Contractor Rates – Using Attachment 10, Contractor Cost Sheet proposers shall submit their cost proposal detailing their cost for services.

b. Subcontracts / Subcontractors – If subcontractors are to be used, the

Proposer must include in the Technical Proposal, a description of each person or firm and the work to be done by each subcontractor. Additionally, all subcontractors proposed to be used for this project must be identified on Attachment 8, Bidder Declaration Form.

2. Page Headers and Page Numbering

All pages of the Cost Proposal; the Bidder Declaration Form GSPD-05-105 (Attachment 8); and, if applicable, any forms pertaining to socio-economic preferences (SB, MB, or DVBE), shall have the following header and page numbering format in the upper right-hand corner:

Cost Proposal

Exhibit B, Attachment 1 Page # of ##

IV. EVALUATION, SELECTION, AND AWARD

A. Administrative Evaluation (Phase 1)

DIR will conduct an administrative evaluation in accordance with the RFP requirements to determine a Proposer’s responsiveness and responsibility. Each proposal will be checked for completeness and/or absence of all required information and to ensure that the Proposer meets the minimum qualifications in conformance with the submission requirements. During the evaluation period, if an item is unclear, or needs further clarification, Proposers may be requested to provide additional documentation.

B. Technical Evaluation (Phase 2)

DIR will also conduct an evaluation of the Technical Proposal by an evaluation panel consisting of DIR employees. If deemed necessary, independent academic, technical or policy experts may be called upon to answer any specific questions regarding the responses to the RFP. These individuals will not participate in the scoring process.

After the technical proposals have been evaluated, only those proposals receiving a score of 125 points or higher will move to Phase 3, Cost opening and evaluation.

1. Scoring Criterion Guidelines

Note: There will be no individual sheets, no written scores, and no written notes. There will be one final score for each Proposer.

The Proposal Evaluation Form in Section IV.B.3 contains the scoring criteria that will be used by reviewers evaluating proposals submitted in response to this RFP. The evaluation team shall determine a consensus score for each item, based on the team's verbal discussion of each Proposer's responses. To determine the consensus score, evaluators will meet either in person or by teleconference to discuss in detail the strengths, weaknesses, and ratings of each proposal to determine scores. The evaluation team will carefully review and discuss the completeness of the Proposer's response, as well as clarity of documentation presented in the proposals submitted in response to this RFP.

The evaluation team will abide by the following Scoring Criterion Guidelines for the Technical Evaluation Scoring Criteria below:

Possible Points Interpretation Explanation for Percentage Points

0% Inadequate Response does not include or fails to address the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

Possible Points Interpretation Explanation for Percentage Points

30% Barely Adequate

Response addresses the requirements being scored, but there are one or more omissions, flaws, or defects or the requirements are addressed in such a limited way that it results in a low degree of confidence in the proposed solution.

80% Good

Response fully addresses the requirements being scored with a good degree of confidence in the Applicant’s response or proposed solution. No identified omission(s), flaw(s), or defect(s). Any identified weaknesses are minimal, inconsequential, and acceptable.

100% Excellent or Outstanding

Response fully addresses the requirements being scored with a high degree of confidence in the Applicant’s response or proposed solution. Applicant offers one or more enhancing features, methods or approaches exceeding basic expectations.

The Proposal Evaluation criteria listed specifies the total number of points available for each requirement. Using the Scoring Criterion Guidelines, the evaluation team will determine the percentage of points to be awarded to each requirement, and multiply that percentage by the total number of points available for that requirement to determine the score.

2. Proposal Evaluation Form

MINIMUM QUALIFICATIONS YES NO

1. The primary laboratory performing the work must be located in California. The proposer must provide contact name, phone number and location.

2. A statement providing the dates in which the respondent laboratory’s facility providing services under this contract passed the most recent AIHA Proficiency Analytical Testing (PAT) Program for metals, environmental lead, asbestos, silica, and organic solvents.

3. A letter of permission must be included with this proposal from the laboratory giving the federal Salt Lake City lab access to each laboratory’s AIHA-Pat program results. This letter must include each laboratory’s AIHA-PAT identification number with this bid proposal.

4. A statement from proposer that their facility has at least the following equipment and analytical capability:

a. Polarized Light Microscope

b. Phase Contrast Microscope

c. Gas Chromatograph with Flame Ionization, Electron

Capture and Thermal Conductivity Detectors

d. Mass Spectrometer

e. Ion Specific Electrode Meter

f. pH Meter

g. Microbalance

h. Atomic Absorption Spectrometer

i. Graphite Furnace

j. High Pressure Liquid Chromatography

k. Inductively Coupled Argon Plasma

If any minimum qualifications are NOT met, STOP HERE

1. Management Plan Points Available

Points Awarded

The Proposer shall provide a project management plan including the management structure and project organization. The Proposer shall designate, by name, the Project Manager to be employed. The selected Proposer shall not cause the substitution of the Project Manager without prior written approval of the State. Proposers should include methods to measure project progress against the project management plan to maintain project schedule.

2. Methodology (Approach to Work) Points

Points Awarded

The Proposer shall describe their methodology and approach to the work, identify specific techniques and methodologies that will be used and specific administrative and operational management expertise that will be employed in order to accomplish the tasks listed in this RFP under Attachment 2, Draft Standard Agreement. Proposer shall indicate how skills developed in previous related work will be applied to the work described in this RFP.

The Proposer shall demonstrate their knowledge in the services requested and the subject of the RFP and lay the groundwork for the actual work to be performed for this project.

3. Work Plan and Work Schedule Points

Points Awarded

The Proposer shall develop a Work Plan and Work Schedule that allows…