RFQ-R5-0627-03_Catfish.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:

SOLICITATION NO.

RFQ-R5-0627-03

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

7/30/26

DELIVERY DATE

Please see delivery schedule

For further Information, Contact:

Theodore Higbee Theodore.higbee@wildlife.ca.gov

Return Quote To:

California Department of Fish and Wildlife Theodore.higbee@wildlife.ca.gov Cc: BMBProcurement@wildlife.ca.gov

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 Attn: Brian Young See delivery schedule for locations 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

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. Deviation from the specifications will result in disqualification.

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 Biran Young at 562-843-4198 to schedule adhering to the attached delivery schedule. Supplier will call Monday through Friday within the hours of 9:00 AM – 3:00 PM, except State holidays. Delivery of the fish is to be completed according to attached delivery schedule. See Attachment 3 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 theodore.higbee@wildlife.ca.gov and received by 2:00 PM on 8/6/26. CDFW response to written questions will be provided by 5:00 PM on 8/10/26. 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. Deviations from the specifications are considered material and are cause for disqualification.

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.

RECYCLED CONTENT REQUIREMENTS

The State of California is required to purchase recycled-content products (RCPs) rather than nonrecycled products whenever price, quality, and availability are comparable. Furthermore, each state agency, including the agency’s contractor(s), is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within sixteen product categories. These sixteen product categories and their respective minimum postconsumer-content recycled content (PCRC) requirements are available at the following web address: https://calrecycle.ca.gov/buyrecycled/stateagency/categories/ In order to help state agencies identify all reportable purchases and all reportable RCP purchases, suppliers and agency contractors are mandated by the Public Contract Codes to certify the minimum, if not the exact, postconsumer recycled-content material, in the products, materials, goods, and supplies offered or sold to the state. Bidders must complete the Postconsumer-Content Certification Form (CalRecycle 74) and include it with the bid response.

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.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

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

1. Specifications, Attachment 1

2. Bidder Instructions (GSPD-451)

3. General Provisions (GSPD-401)

4. California Seller’s Permit

5. Darfur Contracting Act Certification (DFW 1080)

6. Postconsumer-Content Certification Form (CalRecycle 74)

7. Payee Data Record Form (STD. 204)

8. Bidder Declaration Form (DFW 1082)

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

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

11. Commercially Useful Function (CUF) Certification, Attachment 2, required if applicable

12. Delivery Schedule

13. Administrative requirements Please note that Attachments #1, #4, #5, #6, #7, #8, #9, #11, #12 #13 and Page 1 of the RFQ MUST be returned with the bid or the bid may be rejected.

ATTACHMENT 1

Specifications for Statewide Channel Catfish Purchases for Fishing in the City Program

1. Definition

1.1 The species channel catfish (Ictalurus punctatus), for the purposes of these specifications, is hereinafter referred to as "catfish". No other species or hybrids with other species is acceptable without prior written approval of the California Department of Fish and Wildlife (CDFW).

2. Qualifications of Contractor

2.1 The Contractor must be a State of California Registered Aquaculturist at the time of making the offer to sell catfish to the State and throughout the full term of the contract. The fish delivered in this contract shall be reared in facilities operated by the Contractor or by Sub-contractors who meet the same license, registration, and certification requirements listed throughout these specifications. Contractor is responsible for ensuring and providing proof of all Sub-contractors’ compliance.

2.2 The Contractor and any Sub-contractors shall rear said fish in California waters, in accordance with Section 171, Title 14, CA Code of Regulations (CCR), prohibiting the importation of live catfish from outside of the state.

2.3 The Contractor shall have facilities and equipment available to load, transport, and deliver the catfish herein specified so that they will not be injured or destroyed during transit or stocking.

3. Practices Prohibited

3.1 The Contractor will use minimal concentrations of the appropriate chemicals to abate foaming or to reduce respiratory rates during transport. The state may require information relating to the composition and dosage of any chemicals used.

4. Fish Requirements

4.1 The accurate weights of delivery loads shall be guaranteed by the Contractor and may be confirmed by CDFW or its designee either by direct weighing using an accurate, calibrated scale or by water displacement method. CDFW or its designee may confirm delivery load weights during loading or prior to release during the planting event.

4.2 All dead or dying fish at delivery shall be removed from the site by the Contractor and the weight of such fish subtracted from the total weight of the load.

4.3 The State may sample and inspect fish, transport water, and transport equipment prior to or during loading, transport, or stocking to assess overall fish health, and for the presence of aquatic invasive species (AIS), and may reject deliveries if fish are deemed to be diseased or in poor health, or if AIS are present.

4.4 Fish, delivery water, and equipment shall be free of detectable life stages of AIS, including but not limited to Quagga Mussel (Dreissena rostriformis bugensis), Zebra Mussel (Dreissena polymorpha), New Zealand Mudsnail (Potamopyrgus antipodarum), and Golden Mussel (Limnoperna fortune).

4.5 The Contractor may refer to the following: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=9938 for information on AIS relative to aquaculture and monitoring aquaculture facilities. Appendix II has a number of outdated contacts, and is superseded by https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=4955.

4.6 Fish shall be off feed long enough prior to delivery to ensure empty stomachs during transport and stocking.

4.7 The State further retains the right to cancel this contract in part or in total upon finding any of the diseases listed in Section 245, Title 14, CCR. Loads of catfish that may, in the opinion of the State, infect any wild or native fish, or catfish delivered pursuant to this contract, which may be deemed unsuitable for release into a recreational fishery, will be rejected and not considered part of this contract.

*Deviations from the listed specifications will result in disqualification.

**Please note any differentials next to the identifying line item, sign your name at the bottom of the page, and include this attachment with your response. **

Printed Name: ______________________________

Signature: ________________________________

ATTACHMENT 2

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

ATTACHMENT 3

Delivery Schedule

September 2026-December 2026

Los Angeles County

Orange County

Attachment 4

ADMINISTRATIVE REQUIREMENTS

GENERAL

1. Misrepresenting or concealing any fact concerning the species, health, condition, size, age, diet, or source of origin of any catfish to be delivered or misrepresenting the total weight of delivery, location, or time of fish planting events is prohibited.

2. The State may, without prejudice to any other remedies it may have, terminate this contract at any time during the term thereof in the event the Contractor knowingly violates any part of this Agreement, or conducts itself in such a manner as to be in violation of any law, code section, or ordinance.

3. The State further retains the right to cancel this contract in part or in total upon finding any of the diseases listed in Section 245, Title 14, CCR. Loads of catfish that may, in the opinion of the State, infect any wild or native fish, or catfish delivered pursuant to this contract, which may be deemed unsuitable for release into a recreational fishery, will be rejected and not considered part of this contract.

DELIVERY

1. At the time of each planting event, the Contractor shall furnish the State with an invoice in triplicate, setting forth the following:

a. Department of Fish and Wildlife contract number

b. Name of Business

c. Business Address

d. Business Telephone Number

e. Business Contact Person

f. Date of Planting Event

g. Number of pounds of catfish planted in each lake

2. The delivery schedule included in the Agreement includes tentatively scheduled dates and is intended for Contractor information/bidding considerations. In the event of conditions beyond the control of the parties, or unanticipated conditions of the lake at the time of entering into the Agreement, the State reserves the right to postpone dates and change locations, as well as increase the poundage at one or more locations listed on the delivery schedule.

3. The quantities listed in this solicitation are estimates for evaluation and bidding purposes only and represent the maximum potential quantities that may be ordered during the term of the Agreement. Actual quantities ordered may vary and will be based upon CDFW's operational requirements, available funding, and program needs. CDFW anticipates purchasing no less than 30,000 pounds of channel catfish during the term of the Agreement; however, the State makes no representation or guarantee that purchases will exceed this amount.

4. For sudden and unexpected situations that require a change in the delivery schedule, such as predicted inclement weather, public safety, or water quality/quantity issues, the State will provide the Contractor at least forty-eight (48) hours advance notice of the delivery change, in writing.

5. For all other changes to the delivery schedule, the State will notify the Contractor in writing at least seven (7) days in advance of the rescheduled delivery. Rescheduled deliveries may be set for the originally scheduled locations on a future date, or additional deliveries during the term of the Agreement to one of the other locations listed on the schedule. For any changes that involve the selection of an alternate stocking location, the State will identify a site within fifteen (15) miles of the originally scheduled location.

6. For all changes to the delivery schedule, the State will provide the Contractor with an amended Delivery Schedule containing the revised dates/locations/pounds.

Revised 2/18/2016