RFQ-2024-IDR6-009_(FS_Fish_Bait_BPO).docx

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STATE OF CALIFORNIA

Department of Fish and Wildlife Rev. July 2024 Request for Quotation (RFQ)

Supplier Name and Address:

Supplier Contact:

Supplier Phone and Email Address:

SOLICITATION NO.

RFQ-2024-IDR6-009

PURSUANT TO PUBLIC CONTRACT CODE SECTION 10302(B)(1), 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.

DATE

October 2, 2024

DELIVERY DATE

Various (See Attachment A) Various Days ARO

For further Information, Contact:

Jose Munoz Jose.Munoz@wildlife.ca.gov

Return Quote To:

Nina Conaway Nina.Conaway@wildlife.ca.gov or

California Department of Fish and Wildlife 3602 Inland Empire Blvd, Ste C220 Ontario, CA 91764 ATTN: Nina Conaway

A: ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED SMALL BUSINESS?

YES |_| NO |_|

B: IF YES, MANUFACTURER?

YES |_| NO |_|

C: ARE YOU A NON-SMALL BUSINESS CLAIMING AT LEAST 25% SMALL BUSINESS SUBCONTRACTOR PREFERENCE?

YES |_| NO |_|

Name (Print):

Title:

Signature:

_________________________ Date: ___________

Federal Employer Identification Number:

Ship To:

California Department of Fish and Wildlife 26229 Jefferson Ave Murrieta, CA 92562 ATTN: Jose Munoz or

Jose Munoz can provide pick-up within 60 miles of the above address.

SECTION 14838 ET SEQ. OF THE CALIFORNIA GOVERNMENT CODE REQUIRES THAT A 5% PREFERENCE BE GIVEN TO BIDDERS WHO QUALIFY AS A SMALL BUSINESS OR BIDDERS WHO QUALIFY AS A NON-SMALL BUSINESS CLAIMINIG AT LEAST 25% CALIFORNIA CERTIFIED SMALL BUSINESS PARTICIPATION. FOR REQUIREMENTS SEE TITLE 2, CALIFORNIA CODE OF REGULATIONS SECTION 1896 ET SEQ. THE REQUIREMENTS FOR NONPROFIT VETERAN SERVICE AGENCIES QUALIFYING AS A SMALL BUSINESS ARE CONTAINED IN SECTION 999.50 ET SEQ. OF THE MILITARY AND VETERANS CODE.

Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DELCARATIONS UNDER PENALTY OF PERJURY: By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct.

ITEM

NO.

QTY

UNIT

UNSPSC/PRODUCT CODE

DESCRIPTION

UNIT PRICE

EXTENSION

1.

Live bait - up to 1500 individual mealworms. Mealworms must be available for delivery or pickup on dates listed on Attachment A. In your response, please specify container size, i.e. “1500 mealworms, packaged in 25-count containers. 60 containers total.”

2.

EA

49131505

Live bait - up to 1500 individual nightcrawlers. Nightcrawlers must be available for delivery or pick-up on dates listed on Attachment A. Please specify container size, i.e. “1500 nightcrawlers, packaged in 25-count containers. 60 containers total.”

3.

EA

Fee

Miscellaneous charges (please provide detail and itemize).

Quotes must be valid for a minimum of 60 Days after the date of issuance. Expiration Date:_______________ bid requirements:

1. Specification Compliance: The Bidder must indicate if the product(s) offered on this bid response complies in all respects with the specifications outlined in Specifications, Attachment 1.

2. New Equipment: All equipment to be provided in response to a State solicitation shall be new and the latest model in current production. Used, shopworn, prototype, or discontinued models are not acceptable.

3. Delivery: The awarded Supplier will contact Jose Munoz at 909-315-1688 to schedule delivery or pick up for 26229 Jefferson Ave, Murrieta, CA 92562. Supplier will call Monday through Friday within the hours of 9:00 AM – 3:00 PM, except State holidays. See Attachment A and B for additional delivery and document requirements.

4. Shipment: For the purposes of this solicitation, only responses quoting F.O.B. Destination, Freight Prepaid, will be accepted. Any shipping charge must be incorporated into the price of the goods. No additional charges/fees can be added after award. Pricing listed on page 1 must be all inclusive.

5. Inquiries/Questions: Written questions must be submitted to Jose.Munoz@wildlife.ca.gov and received by 2:00 PM on 10/10/2024. CDFW response to written questions will be provided by 5:00 PM on 10/11/2024. If a bidder submits a question after the scheduled date(s), CDFW will attempt to answer the question, but does not guarantee that the answer will be prior to the bid due date.

6. Method of Award: This solicitation shall be awarded on an “All or None” basis, by individual group, or by individual line item, whichever is deemed by the State to be in its best interest. The award will be made to the lowest responsive and responsible bidder meeting all administrative and technical requirements, terms, and conditions of this solicitation. If a bidder is determined to be non-responsive or non-responsible, the bid response may be rejected.

7. Cash Discounts: Cash discounts will not be considered when evaluating bid responses for award purposes. However, cash discounts may be offered and taken by departments processing invoices within the timeframe specified.

8. Additional Terms and Conditions: The State objects to and will not evaluate or consider any additional terms or conditions submitted by a bidder. This applies to any language appearing in documents attached as part of the bidder’s response. In signing and submitting a bid, the bidder agrees that any additional terms and conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Responses that reference a bidder’s own terms or conditions may be subject to rejection.

9. Important Note: Only offers quoted on the State’s RFQ form will be considered. Mailed bid responses shall be submitted in a sealed envelope with the solicitation number and the bid due date and time clearly marked on the outside of the envelope. Emailed bid responses must identify the RFQ number and the bid due date within the Subject line. All bid responses must be submitted by the date and time specified on page 1 of this RFQ.

RESPONSIVE BIDDER

A responsive bidder submits a bid response compliant with the solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed contract.

Responsible bidder A responsible bidder submits a responsive quote and possesses the experience, facilities, reputation, financial resources, and other factors existing at the time of contract award.

California Seller’s permit Bidders must provide their California retailer’s seller’s permit or certification of registration issued by the California Department of Tax and Fee Administration (CDTFA), pursuant to all requirements as set forth by the Revenue and Taxation Code (RTC) Sections 6487, 7101, 6452.1, 6487.3, 18510, and Public Contract Code (PCC) Section 10295.1.

To expedite verification processes of the permit’s validity, provide the CDTFA seller’s permit number in the space provided below or attach a copy of the seller’s permit with your bid response.

Retailer’s Seller’s Permit Number:

Note: All awards are conditional until CDFW receives the seller’s permit number or a copy of the seller’s permit.

For further information on obtaining a California Seller’s Permit number or to register to do business in the State of California, visit the CDTFA website at www.cdtfa.ca.gov.

Darfur contracting act certification form All bidders must complete the Darfur Contracting Act Certification Form (DFW 1080) and include it with the bid response.

For the reasons described in PCC Section 10475, the California Legislature and the Governor signed into law the Darfur Contracting Act of 2008, which precludes State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan. “Scrutinized” companies, as defined in PCC Section 10476, are ineligible to, and cannot, bid on or submit a proposal for a Contract with a State agency for goods or services. Pursuant to PCC Section 10478, if a bidder currently or within the previous three years has had business activities in Sudan, it must certify that it is not a “scrutinized” company.

A “scrutinized” company may still, however, submit a bid if the company first obtains permission from the Department of General Services (DGS), as described in PCC Section 10477(b).

Payee data record form All bidders must complete the Payee Data Record Form (STD. 204) listing their Taxpayer Identification Number and include it in the bid response.

A completed STD. 204 is required for all bidders entering into a transaction that may lead to a payment from the State. Bidders who do not wish to complete the STD. 204 may elect not to do business with the State.

Bidder declaration form All bidders must complete the Bidder Declaration Form (DFW 1082) and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract; this includes equipment manufacturers, equipment distributors, and resellers. A subcontractor is any person, firm, corporation, or organization contracting to perform any part of the prime’s contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified, unless the State agrees to a substitution and it is incorporated by amendment to the contract.

Amendments Consistent with the terms and conditions of the original solicitation, and upon mutual consent, CDFW may execute written amendments to the Purchase Order.

california certified small business and preference information small business preference and certification Bidders claiming the 5% small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) prime bidders meeting requirements specified in the Military and Veterans Code (MVC) Section 999.50 et seq. and obtaining a California Certification as a small business are also eligible for the 5% small business preference. If applicable, claim “YES” on Option A in the box on the right-hand side of the first page of this solicitation.

Any bidder claiming the 5% small business preference must possess valid small business certification from California before the date and time bids are due.

Commercially Useful function (CUF) compliance In accordance with Government Code. Section 14837 and M&VC, Section 999, all SB and DVBE contractors, subcontractors and suppliers that bid on or participate in a State contract must perform a Commercially Useful Function (CUF). In addition, the requirement to determine CUF is not affected by the applicability of the 5% SB preference and/or the Disabled Veteran Business Enterprise (DVBE) participation goal or DVBE incentive. There is no exception to this requirement; consequently, certified SB, Microbusiness (MB), and DVBEs must perform a CUF. CUF must be determined prior to contract award.

A California certified SB/MB or DVBE business must be deemed to perform a Commercially Useful Function (CUF) by Meeting ALL of the following CUF requirements for Contract/Purchase Order (PO) award consideration:

1. Is responsible for the execution of a distinct element of the work of the contract (including the supplying of services and goods).

2. Carries out its obligation by actually performing, managing, or supervising the work involved.

3. Performs work that is normal for its business services and functions.

4. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing (if applicable) and making payment.

5. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

All SB/MB/DVBE bidders must complete the Commercially Useful Function (CUF) Certification, Attachment 2.

non-small business subcontractor preference A 5% bid preference is available to a non-small business claiming 25% California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bidder must list all the California certified small businesses with whom the bidder commits to subcontract in an amount of at least 25% of the net bid price. If applicable, claim “YES” on Option C in the box on the right-hand side of the first page of this solicitation.

small business regulations The Small Business regulations, located in the California Code of Regulations (CCR) Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq., concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals can be viewed at the Office of Small Business and DVBE Services (OSDS) Notice of Rulemaking Regulations for SB/DVBE webpage. For those without Internet access, a copy of the regulations can be obtained by calling OSDS at (916) 375-4940.

Disabled Veteran Business Enterprise (DVBE) incentive information DVBE program requirements CDFW elects to waive the DVBE program requirements in this solicitation but opts to include the DVBE incentive. See the table below for a breakdown of the allowable DVBE incentive percentage.

disabled veteran business enterprise declarations form (std. 843) Per MVC Section 999.20, an STD. 843 must be completed and signed by all disabled veteran owner(s) and disabled veteran manager(s) when a DVBE contractor or subcontractor will provide materials, supplies, services, or equipment. The completed form must be included in the bid response.

Dvbe subcontractor substitution Per MVC Section 999.50(e), the bidder understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid response, a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid response and approved DVBE substitutions will be documented by contract amendment. Failure of the bidder to seek substitution and adhere to the DVBE participation level identified in the bid response may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC Section 999.90 and PCC Section 10115.10.

Prime contractor’s dvbe subcontracting report MVC 999.50(d), GC 14841, and CCR 1896.78(e) require all Prime Contractors that had a DVBE perform an element of work for this contract to report DVBE information in the Prime Contractor’s DVBE Subcontracting Report (STD 817). This completed and signed report must be submitted to the CDFW staff listed as the “Attention To” on the executed Purchase Order within 60 days of receipt of final payment. It is the Prime Contractor’s responsibility to ensure the form is received, completed, and returned within the stated time frame.

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Generative Artificial Intelligence (GenAI) REQUIREMENTS 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. Per SAM section 4819.2, GenAI is defined as “the class of AI models that emulate the structure and characteristics of input data to generate derived synthetic content. This can include images, videos, audio, text, and other digital content.”

Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor .

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State 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 / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

Attachments The following documents are attached, or attached by reference, and are part of this solicitation:

1. Specifications, Attachment A

2. Bidder Instructions (GSPD-451)

3. General Provisions (GSPD-401)

4. California Seller’s Permit (or Permit Number written on Page 3 of the RFQ)

5. Darfur Contracting Act Certification (DFW 1080)

6. Payee Data Record Form (STD. 204)

7. Bidder Declaration Form (DFW 1082)

8. Disabled Veteran Business Enterprise Declarations Form (STD. 843), required for all DVBE vendors

9. Prime Contractor’s DVBE Subcontracting Report (STD 817), required if applicable

10. Commercially Useful Function (CUF) Certification, Attachment B, required if applicable

11. Generative Artificial Intelligence (GenAI) Disclosure & Factsheet (STD 1000) Please note that Attachments #4, #5, #6, #7, #8-10 (if applicable), #11, and Page 1 of the RFQ MUST be returned with the bid or the bid may be rejected.

ATTACHMENT A

Specifications

1. The Contractor agrees to provide, to the California Department of Fish and Wildlife, live bait as described herein:

a. The Contractor shall provide up to 1500 individual mealworms and up to 1500 individual nightcrawlers. Mealworms and nightcrawlers must be live upon delivery/pick-up.

b. Mealworms and nightcrawlers must be packaged in containers. Mealworms and nightcrawlers can be packaged in quantities anywhere between 25 and 75 worms per container, as long as the total individual count of each amount to 1500 individual worms. For example, the Department can accept 1500 mealworms and 1500 nightcrawlers packaged in 25-count containers, meaning that the Department would then expect to receive up to 60 containers of mealworms and up to 60 containers of nightcrawlers.

2. The services shall be provided during Monday through Friday, 9:00 a.m. to 3:00 p.m.

3. The Project Officials during the term of this Agreement will be:

Department Contract Manager

Direct all inquiries to:

California Department of Fish and Wildlife Attention: Jose Munoz Address: 26229 Jefferson Ave Murrieta, CA 92562

4. Scope of Work

a. Blanket Purchase Order The purpose of this Agreement is to establish a blanket purchase order (BPO) with term dates of PO Approval – 06/30/2025. The quantities requested are the maximum of what Fisheries South may request throughout the set term dates.

The following guidelines must be met and are to be documented on the BPO.

· The order does not cross into different Fiscal Years.

· The order is only used for items listed on the Agreement.

· The order does not exceed the period defined by the term dates.

· The order does not exceed the maximum quantities listed on the Agreement.

· The order is only issued to one supplier.

All orders placed against the BPO shall be invoiced at the current price at the time the individual order is placed.

b. Work to Be Performed The Contractor shall provide up to 1500 individual mealworms and 1500 individual nightcrawlers to be used as live bait. The Contractor shall deliver or the Department staff will pick-up on the dates suggested below.

Due to the Department’s need for live bait, bait must ship within 2 days’ notice, upon request from the Department – to be shipped to 26229 Jefferson Ave, Murrieta, CA 92562. Alternatively, the Department can arrange for pick-up of the order, as long as pick-up location is within 60 miles of 26229 Jefferson Ave, Murrieta, CA 92562.

c. Schedule of Estimated Completion Dates

Schedule of Estimated Completion Dates (continued)

ATTACHMENT B

COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION

Complete one (1) CUF Certification for the portion of the contract that each certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE) identified on the Bidder Declaration will be performing.

CUF statute (Government Code 14837 and Military and Veterans Code 999) requires that the contractor and subcontractor provide goods/services described in the scope of work and/or considered to be distinct element of the contract work.

Supplier Name:

Certification Type (SB or DVBE):

Certification number:

Prime or Subcontractor?

1. List the specific services the supplier will provide in relation to the Scope of Work:

2. List reasons why the services are a normal and consistent function of the supplier; provide support (e.g. UNSPSC, certification, resumes, licenses, educational degrees, website, past performance, etc.):

3. Will the supplier provide products, inventories, materials, and supplies as well as perform ALL the following duties?

(If supplier is not providing any goods, mark “N/A”)

1. Negotiating Price

2. Determining quality and quantity

3. Ordering

4. Making payment

5. Installing

N/A Yes No

Revised 2/18/2016