Tabulation_Packet_for_060-2217308-EG_-_Previous_Bid.pdf

Bid Tabulation Packet for

Solicitation 060-2217308-EG

Frozen and/or Chilled Egg Mix, Kosher Hard-Boiled Eggs, and Egg-Related Products

Bid Designation: Public

County of Orange

060-2217308-EGCounty of Orange

BidSync12/29/2023 p. 1

Bid #060-2217308-EG - Frozen and/or Chilled Egg Mix, Kosher Hard-Boiled Eggs, and Egg-

Related Products

Creation Date Mar 30, 2022 End Date Apr 18, 2022 4:00:00 PM PDT

Start Date Mar 30, 2022 1:58:43 PM PDT Awarded Date Not Yet Awarded

060-2217308-EG-01-01 Chilled, Liquid Egg Mix. 30 lb. / Pail.

Supplier Unit Price Qty/Unit Total Price Attch. Docs

Luberski Inc First Offer - 25.00% 1 / percentage markup 25.00% Y Y

Product Code:

Agency Notes:

Supplier Product Code: 3300036

Supplier Notes:

060-2217308-EG-01-02 Chilled, Liquid Egg Mix. Two (2) Each, 20 lb. bags, 40 lb. / Case.

Supplier Unit Price Qty/Unit Total Price Attch. Docs

Luberski Inc First Offer - 25.00% 1 / case 25.00% Y Y

Product Code:

Agency Notes:

Supplier Product Code: 3300216

Supplier Notes:

060-2217308-EG-01-03 Chilled, Cage Free, liquid Egg Whites. - 15/2lb Cartons / Case

Supplier Unit Price Qty/Unit Total Price Attch. Docs

Luberski Inc First Offer - 25.00% 1 / case 25.00% Y Y

Product Code:

Agency Notes:

Supplier Product Code: 3300141

Supplier Notes:

060-2217308-EG-01-04 Chilled, Kosher Hard Cooked Premium Cage Free Eggs. - 20 lb. Pail

Supplier Unit Price Qty/Unit Total Price Attch. Docs

Luberski Inc First Offer - 25.00% 1 / pail 25.00% Y Y

Product Code:

Agency Notes:

Supplier Product Code: 3200086

Supplier Notes:

060-2217308-EG-01-05 MISCELLANEOUS CLAUSE

Supplier Unit Price Qty/Unit Total Price Attch. Docs

Luberski Inc First Offer - 25.00% 1 / percentage markup 25.00% Y

Product Code:

Agency Notes:

Supplier Product Code:

Supplier Notes:

Supplier Totals f Luberski Inc $0.00 (5/5 items)

Bid Contact Tim Pontius tpontius@hiddenvilla.com

Ph 714-853-2570

Address 310 N Harbor Blvd

Fullerton, CA 92832

Agency Notes: Supplier Notes: Head Attch:

BidSync12/29/2023 p. 2

Luberski Inc

Bid Contact Tim Pontius tpontius@hiddenvilla.com

Ph 714-853-2570

Address 310 N Harbor Blvd

Fullerton, CA 92832

Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs

060-2217308-EG-01-01 Chilled, Liquid

Egg Mix. 30 lb. /

Pail.

Supplier

Product

Code: 3300036

First Offer - 25.00% 1 / percentage markup 25.00% Y Y

060-2217308-EG-01-02 Chilled, Liquid

Egg Mix. Two (2)

Each, 20 lb. bags, 40 lb. / Case.

Supplier

Product

Code: 3300216

First Offer - 25.00% 1 / case 25.00% Y Y

060-2217308-EG-01-03 Chilled, Cage

Free, liquid Egg

Whites. - 15/2lb

Cartons / Case

Supplier

Product

Code: 3300141

First Offer - 25.00% 1 / case 25.00% Y Y

060-2217308-EG-01-04 Chilled, Kosher

Hard Cooked

Premium Cage

Free Eggs. - 20 lb.

Pail

Supplier

Product

Code: 3200086

First Offer - 25.00% 1 / pail 25.00% Y Y

060-2217308-EG-01-05

MISCELLANEOUS

CLAUSE

Supplier

Product

Code:

First Offer - 25.00% 1 / percentage markup 25.00% Y

Supplier Total $0.00

BidSync12/29/2023 p. 3

Item: Chilled, Liquid Egg Mix. 30 lb. / Pail.

Attachments

Spec Sheet Frozen Cage Free Whole Egg.pdf

BidSync12/29/2023 p. 4

Doc No S11.11 Review Date Approved by Version Date 12/1/2019 12/1/2019

3502 West 6400 South

Spanish Fork, UT 84660

Ph. 801-798-2593

Fax 801-798-5468

Pasteurized Frozen Cage Free Whole Egg

Description:

Frozen Cage Free Whole Eggs are produced from certified cage free, fresh, clean eggs that have been processed under continuous FSIS/USDA supervision, and packed in accordance with the specifications of the

FSIS/USDA.

Ingredients:

Pasteurized Cage Free Whole Eggs (Natural Break)

Allergen Assessment:

Egg is the only allergen in Shepherd’s manufacturing facility. All products produced at the facility contain egg.

Kosher Statement:

This product is kosher-certified by Scroll K / Vaad Hakashrus of Denver.

Storage:

Store product frozen. Thawed product temperature should be maintained at ≤ 38⁰F.

Shelf Life:

Frozen Cage Free Whole egg have a recommended shelf life of 24 months from the date of manufacture. Once product is thawed, use unopened product within 7 days or if opened, use within 3 days.

Thawing Instructions:

To thaw, place frozen egg under refrigeration at 38°F or lower. Thawing will normally take 2 to 3 days. Once removed from a freezer, this product should be kept properly refrigerated at all times until ready for use. This product must never be partially or fully thawed and then refrozen. Slight agitation is recommended prior to use. During use, holding vessels or containers must be handled in an appropriate manner to prevent contamination and maximize shelf life.

BidSync12/29/2023 p. 5

Lot Code Dating:

Lot 028-19 MFG 1-28-19

1. 028 = 28th day of the year and 19 = Year

2. MFG 1-28-19 = Manufacturing date (Month-Date-Year)

Specifications:

Foreign Material None

Solids 25% ± 2%

Ph Value 7.0 ± .4

Color Orange yellow

Flavor No stale or other off flavors

Odor Clean egg aroma.

Microbiological Specifications:

AOAC Official Method - SIMPLATE

Salmonella Negative/25g

Listeria Negative/25g

TPC ≤ 5000/g

Psychrotrophs ≤ 1000/g

Coliform < 3 /g

E.coli < 1/g

Staphylococcus Aureus ≤ 10/g

Yeast and Mold ≤ 10 /g

Transportation:

Refrigerated units shall maintain the food at required temperatures and the unit’s temperature settings shall be set, checked and recorded before loading and product temperatures recorded at regular intervals during loading as appropriate.

Regulatory/Finished Product:

This product is food grade and intended for human consumption in all respects, including labeling, and is in compliance with the Fedreral Food, Drug, and Cosmetic Act of 1938 as amended and all applicable regulations thereunder.

This product meets regulatory standards for eggs as found in 9 CFR 590

This product meets regulatory standards for eggs as found in 21 CFR 160

This product is produced and packed under FSIS/USDA continues inspection.

BidSync12/29/2023 p. 6

Country of Origin Statement:

The ingredients used to produce this product originated and is produced in the United States of America.

Gluten Statement:

We at Shepherds Processed Eggs hereby confirm that the product meets the requirements for gluten free labeling of food in 21 CFR 101.91 as described in the Food & Drug Administration’s final rule (78 FR 47154, August 5, 2013).

According to the requirements in 21 CFR 101.91, We hereby confirm that this article:

1. Is not gluten containing grain (wheat, rye barley) or is a cross breed hybrid of gluten containing grain

(e.g. triticale)

2. Is not derived from gluten containing grain and that has not been processed to remove gluten.

3. Is not derived from a gluten containing grain and that has been processed to remove gluten, if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the food.

4. Does not contain 10 ppm or more gluten.

Additionally, we confirm appropriate measures have been taken to prevent cross contact with all gluten sources within our production facility.

GMO Statement:

Under the National Bioengineered Food Disclosure Standard published by USDA (7 CRF Part 66). It is our understanding that eggs themselves are not bioengineered foods that would require such labeling, although the laying hens that produce these eggs do consume grains that may include a bioengineered substance. In fact, 7 CRF Part 66.5(d) appears to make clear that a food derived from an animal is not considered a bioengineered food solely because the animal consumed feed which may be produced from, consist of or contains bioengineered substance.

Proposition 12 Compliant:

Shepherds Processed Eggs hereby confirms that this product meets all requirements and state guidelines in regards to: SECTION 25990 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

(1) "Liquid eggs" means eggs of an egg-laying hen broken from the shells, intended for human food, with the yolks and whites in their natural proportions, or with the yolks and whites separated, mixed, or mixed and strained.

(2) After December 31, 2019, confining an egg-laying hen with less than 144 square inches of usable floor space per hen.

Including Shepherds Processed Eggs is taking appropriate steps in making sure the approved supplier farms we receive CA SEFS Compliant eggs for breaking are in full compliance with all regulations stated per Proposition

12.

BidSync12/29/2023 p. 7

Item: Chilled, Liquid Egg Mix. Two (2) Each, 20 lb. bags, 40 lb. / Case.

Attachments

144003 CAGE FREE PAST.LIQ WHOLE EGG W-CITRIC ACID 2-20LBS BIB 12WK HV SS 12222021.pdf

BidSync12/29/2023 p. 8

LIQUID EGG PRODUCTS

Product Code: 144003 Revision Date :12/22/21

Cage Free Pastuerized Liquid Whole Egg with Citric Acid 2-20lbs Bag N Box

Sunshine Branded

PRODUCT DESCRIPTION

Micro test

Aerobic Plate

Count

Yeast

Mold

Coliform

SHIPPING AND STORAGE E. Coli

Salmonella

Listeria

COMPOSITION

Ingredients:Cage Free Whole Egg,Citric Acid

PACKAGING MATERIALS

POLY BAGS -CORRUGATED CASES

ALLERGENS CONTAINED:

EGGS

GMO STATUS

DOES NOT CONTAIN GMO INGREDIENTS

SHELF-LIFE STATEMENT

The shelf life is 12 weeks from date of pastuerization.Use within 2-3 days of opening product.

KOSHER STATUS

This product is considered Pareve by the Orthodox Union

HALAL

Yes

MICROBIOLOGICAL STANDARDS

NUTRITIONAL

Cage Free Pasteurized Liquid whole egg with Citric Acid must be shipped and stored in a clean ,refrigerated space between

32*F and 40*F.

2360 Wabash Rd.

Fort Recovery, Ohio 45846

Phone (419) 375-5800

Fax (419) 375-5815

Cage Free Pasteurized liquid Whole Eggs is egg obtained during segrated egg-breaking process of shell eggs . It is produced from clean domestic (U. S. operations) cage free chicken eggs under USDA inspection. The cage free eggs are washed, sanitized, and inspected prior to machine-breaking, followed by

, inspection, and filtration of liquid product with citric acids added to acheive the targeted pH.The liquid whole egg w/ctric acid are then pasteurized to meet or exceed standards given in

9 CFR Part 590per Annex G, Pasteurization of Liquid Egg

Products and Shell Eggs and the Egg Pasteurization Manual.

The facility that manufactured the product is SQF certified facility located inside the USA.

PHYSICAL AND CHEMICAL STANDARDS

COLOR

Typical of fresh eggs,Visual no browning

ODOR

TOTAL SOLIDS

pH

Typical of fresh eggs , no spoilage odor/Organoleptic

24% +/-1.0%

6.5 +/- .2

MethodsStandards

<5000 cfu/g max

10 Max

10 Max

AOAC Petrifilm

AOAC Ri 121301

AOAC Ri 121301

AOAC Petrifilm

AOAC Petrifilm

PCR-BAX

ELFA-AOAC

10 cfu/g max

10 cfu/g max

NEG/100g

NEG/25g

BidSync12/29/2023 p. 9

Item: Chilled, Cage Free, liquid Egg Whites. - 15/2lb Cartons / Case

Attachments

Customer Spec Sheet 46025-91820-00 Liquid 15-2 Whites.pdf

BidSync12/29/2023 p. 10

46025-91820-00 15/2 LB CTN, ESL WHITES W/TEC, PAPETTI Page 1

Michael Foods, Inc 877.367.3447

Product Specification Sheet

Revision: 1.14

Revision Date: 06/14/2021

46025-91820-00 Papetti's® Refrigerated Liquid Egg Whites with Triethyl Citrate, 15/2 Lb Cartons

Description Easy Eggs Brand Eggs are liquid egg whites with TEC added as a whipping agent. They are aseptically packaged in a 2 pound gable container. This product is processed and packaged in a manner that will allow it to meet the declared shelf life when stored between 33°F - 40°F (1°C - 4°C). This product is produced under USDA supervision. This product will be tested and found to meet all governing agencies and Michael Foods, Inc. Egg Division specifications before being released for sale.

Ingredient Listing

EGG WHITES, TRIETHYL CITRATE ADDED AS A WHIPPING AGENT

Physical Specifications

Description Specification

Appearance Liquid

Color Typical of liquid egg whites

Flavor when cooked Fresh, clean and appealing egg taste. Free of off flavors.

Aroma Clean egg aroma. Free of any spoilage or other off odors.

Texture when cooked Smooth texture with a tender bite.

Finished Label Weight 907.2 gm

Range: 897.2 - 917.2 gm

Foreign Material None

Analytical Specifications pH 8.80 (min) - 9.40 (max) At time of pasteurization pH will decrease through shelf life The pH upper limit may exceed 9.4 provided the egg white was

BidSync12/29/2023 p. 11

46025-91820-00 15/2 LB CTN, ESL WHITES W/TEC, PAPETTI Page 2 not adjusted with KOH/NaOH and the elevated pH occurred naturally in the shell.

Total Solids 10.00 % (min) - 14.00 % (max)

Viscosity 5 CPS (min) - 90 CPS (max) Initial Day Viscosity will increase with age Brookfield Viscometer

Microbiological Specifications

Total Plate Count <1,000 cfu/gm Coliforms <10 cfu/gm E. coli <10 cfu/gm Salmonella Negative/100 gm Listeria monocytogenes Negative/50 gm Coagulase Positive Staphylococcus <10 cfu/gm

Packaging Requirements

Case Dimension 15.0625 LI x 9.0625 LI x 9.5625 LI

Display Unit Dimension 2.875 LI x 2.875 LI x 8.75 LI

Carton Count per Case 15

Case/Cubic Feet 0.7554 CuFeet

Cases/Pallet 65

Cases/Layer 13

Layers/Pallet 5

Net Product Weight/Lbs 30.000 Pounds

Gross Product Case Weight/Lbs (w/o pallet) 32.000 Pounds

Gross Product Case Weight/Lbs (w/pallet) 32.846 Pounds

BidSync12/29/2023 p. 12

46025-91820-00 15/2 LB CTN, ESL WHITES W/TEC, PAPETTI Page 3

Code Dating:

Package Coding USE BY 26 MAR 10 08:37 L1 G1610 7 LOT 0001A

1. USE BY 26 MAR 10 = Use By Date

2. 08:37 = time

3. L1 = Lot (24 hour)

4. G1610 = Plant number

5. 7 = Filler/Line/Machine

6. LOT 0001A = LOT Year; 1st day of the year; Facility Code Plant/Facility Code: 1610/A, 1349/N, 1028/J, H New Jersey; 1455/G, 01016/F, 17634/G Gaylord; 1127/L Lenox; 420/W, 420D/W Wakefield; 1616/K, 19605/K Klingerstown; 31548/B Britt; 1606/M Willamette; Z, Norwalk; 1566/R Ravenna; 398/E David City

Case Coding USE BY 26 MAR 10 08:37 L1 G1610 7 LOT 0001A

1. USE BY 26 MAR 10 = Use By Date

2. 08:37 = time

3. L1 = Lot (24 hour)

4. G1610 = Plant number

5. 7 = Filler/Line/Machine

6. LOT 0001A = LOT Year; 1st day of the year; Facility Code Plant/Facility Code: 1610/A, 1349/N, 1028/J, H New Jersey; 1455/G, 01016/F, 17634/G Gaylord; 1127/L Lenox; 420/W, 420D/W Wakefield; 1616/K, 19605/K Klingerstown; 31548/B Britt; 1606/M Willamette; Z, Norwalk; 1566/R Ravenna; 398/E David City

Transportation & Storage:

Trucks carrying this product will be loaded and transported in a sanitary manner following all requirements stated in this specification.

Product will be transported at a temperature of 33°F - 40°F (1°C - 4°C). If the product temperature deviates from this specification for any amount of time, the shelf life may be shortened or the product functionality may be damaged. Product may spoil in the form of lumps with eventual gelation and/or gas production if stored at more than 40°F (4°C).

Product must be stored in a refrigerated environment at a temperature of 33°F - 40°F (1°C - 4°C). If the product temperature deviates from this specification for any amount of time, product functionality may be damaged. Separation and/or gelation may occur if the product is frozen. Product may spoil in the form of lumps with eventual gelation. Do not freeze this product.

BidSync12/29/2023 p. 13

46025-91820-00 15/2 LB CTN, ESL WHITES W/TEC, PAPETTI Page 4

Shelf Life Statement:

Shelf life of this product is 98 Days from production date if kept unopened at refrigerated temperatures of 33 °F (min) to 40 °F (max).

After the package is opened, when stored and handled properly, the product should be used within 7 Days.

Kosher Statement:

This product is kosher (OU) and is produced under Orthodox Union supervision.

Certification Statement:

Halal certified and produced under Islamic Food and Nutrition Council of America (IFANCA) supervision.

Bioengineering Disclosure This product does not contain bioengineered material.

Allergen Assessment:

Contains Egg

Regulatory/Finished Product:

Product must meet all defined specifications and functionality requirements throughout the declared shelf life.

All product is produced under a routine quality inspection in accordance with good manufacturing practices.

This product is produced under continuous inspection by the resident USDA inspection staff and complies with all USDA requirements.

BidSync12/29/2023 p. 14

46025-91820-00 15/2 LB CTN, ESL WHITES W/TEC, PAPETTI Page 5

Nutritional Facts

NUTRIENT

Amount Per 100 Grams UoM

Calories 52.1 kCA

Calories from Fat 1.5 kCA

Calories from Saturated Fat 0 kCA

Total Fat 0.17 GM

Saturated Fat 0 GM

Trans Fat 0 GM

Polyunsaturated Fat 0 GM

Monounsaturated Fat 0 GM

Cholesterol 0 MG

Sodium 165.9 MG

Total Carbohydrate 0.7 GM

Dietary Fiber 0 GM

Total Sugars 0.7 GM

Added Sugars 0 GM

Protein 10.89 GM

Vitamin D 0 mcg

Calcium 7 MG

Iron 0.08 MG

Potassium 162.9 MG

Vitamin A mcg RAE 0 mcg

Vitamin C 0 MG

Water 87.54 GM

Ash 0.62 GM

BidSync12/29/2023 p. 15

46025-91820-00 15/2 LB CTN, ESL WHITES W/TEC, PAPETTI Page 6

Pallet Layout Report

BidSync12/29/2023 p. 16

Item: Chilled, Kosher Hard Cooked Premium Cage Free Eggs. - 20 lb. Pail

Attachments

SUNSHINE Hard Cooked Premium Cage Free Eggs 20lb_QA VERIFIED.pdf

BidSync12/29/2023 p. 17

Case Pack:

170-205 Cage Free Eggs per 20 lb. pail

Product Description:

Hard Cooked Premium Cage Free Eggs in Sodium Benzoate

Packaging:

Plastic bag inside of plastic bucket with a plastic lid.

Processing Aids:

<2% Citric Acid, <2% Sodium Benzoate

Allergens:

Eggs

Code Date:

USE BY Date

Storage and Handling:

Do not freeze. Refrigerate between 34-36°F. Letting product exceed 40°F for any length of time will reduce shelf life of product.

Microbiological Information:

Shelf Life:

Unopened: 56 Days, if stored and handled according to the appropriate storage and distribution conditions. Opened:

72 Hours.

Specifications:

Pack Size: 1, Case Size: 20lb Pail, Net Weight: 20 lbs., Gross Weight: 32.2 lbs., Ti x Hi: 20 x 3

Sunshine Hard Cooked Premium Cage Free Eggs 20lb.

Item Number: HR0063 / GTIN: 025444666216

BidSync12/29/2023 p. 18

Supplier: Luberski Inc

Signature Page

I have read and understand and agree to the terms and conditions herewith and I am submitting a response to this solicitation.

Date: 4/12/22 Company Name: Luberski Inc

Tim Luberski Tim Luberski

President

* Authorized Signature

Print Name Title

Don Lawson

Don Lawson

CFO

* Authorized Signature Print Name Title

OR

I prefer not to submit a bid in response to this solicitation per the reason(s) given below.

Reason(s): aaa

Date: Company Name:

tpontius@hiddenvilla.com

* Authorized Signature Print Name Title

* If the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth.

The first corporate officer signature must be one of the following:1) the Chairman of the Board; 2) the President; 3) any Vice President.

The second corporate officer signature must be one of the following: a) Secretary; b) Assistant Secretary; c) Chief Financial Officer; d) Assistant Treasurer.

In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company.

RETURN THIS SHEET WITH YOUR RESPONSE

BidSync12/29/2023 p. 19

EXHIBIT B

References

All Bidders must provide a minimum of three (3) Letters of Reference. The references should be from clients who are comparable in scope to the County of Orange. Include one reference from a governmental agency. References must cover services performed by your company in the past five (5) years. At least one of the references must cover services performed in the past year. Services should be similar to those services required in this solicitation.

Additionally, please complete the form below on the clients who have provided references:

References must include the name and address of the company or governmental agency and the name and telephone and facsimile numbers of contact person(s), annual agreement dollar amount of the Contract, and a brief description of the agreement/Contract work and services provided. Attach additional sheets if necessary.

1. Name of Reference: Orange County Sheriff

Address: 1530 S State College Anaheim, CA 92806 Contact Name: Christina Chavez Telephone Number: 7149394836 Annual agreement dollar amount: 600000 Email Address: cchavez@ocsheriff.gov Brief Description of agreement/Contract work or services provided:

Currently hold the frozen whole egg contract through May for the OC Sheriff program. Roughly 150 pails per week at 2.75/lb

2. Name of Reference: Driftwood Dairy

Address: 10724 East Lower Azusa Road El Monte, CA 92831 Contact Name: Patricia Delany Telephone Number: 626-444-9591 Annual agreement dollar amount: 1,000,000 Email Address: patriciad@driftwood.com Brief Description of agreement/Contract work or services provided:

Service Driftwood weekly with Shell and liquid/frozen egg products

3. Name of Reference: Wei-Chuan USA

Address: 13031 Temple Ave City of Industry, CA 91746 Contact Name: Stephen Lin Telephone Number: 626-225-7088 Annual agreement dollar amount: 276,380 Email Address: stephen.lin@weichuanusa.com Brief Description of agreement/Contract work or services provided:

Supply Wei-chuan weekly with liquid Egg whites for their manufactured goods.

BidSync12/29/2023 p. 20

County of Orange – Bidder Instructions

1. DEFINITIONS:

a. "Bid" means an offer, made in response to a solicitation to perform a contract for work and labor or to supply goods or services at a specified price, whether or not it is considered a "sealed bid" or results in award of a contract to a single or non-competitively bid contract.

b. "Bidder" means a supplier who submits a bid to the County in response to a solicitation.

c. "Solicitation" means the process, by whatever name known or in whatever format used, of notifying prospective bidders that the

County wishes to receive bids for furnishing goods or services.

d. "Supplier" means a business entity, bidder, offeror, vendor or contractor.

e. "County" means the County of Orange.

2. SUBMISSION OF BIDS:

a. Bids must be hand delivered or sent via U.S. Mail or common carrier unless another method is specifically authorized in the solicitation.

b. Where a "sealed" bid is required, each bid shall be separately sealed inside an envelope and must be signed and received by the closing time and date specified, and on the forms furnished by the County to be considered for award.

c. The bidder is solely responsible for ensuring that the full bid is received by the County in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The County shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or misdelivery.

d. Bids received after the bid closing date and time will be considered nonresponsive.

e. If no time for receipt of bids is specified in the solicitation, the bid shall be due by the close of the business day on the date indicated. Close of the business day shall be 5:00 p.m. All times are Pacific Standard Time (PST).

f. Generally, sealed bids will be opened and read on the due date unless another date and time is specified in the solicitation or any addendum thereto or the reverse auction terms and conditions are included in the solicitation. When a County Agency/Department facilitates a reverse auction, all bids shall remain confidential before and during the auction. Information is not public, including the number and names of the responders, until the Notice of Intent to Award or contract award is published, whichever occurs first.

g. Faxed bid responses will NOT be allowed.

h. All bids received by the County and opened are subject to disclosure under the California Public Records Act, and other applicable law.

i. It is preferred that bids/proposals be submitted electronically at www.bidsync.com, unless otherwise stated in the bid packet. If responding to this solicitation through BidSync, the electronic version of the bid response will prevail. The County of Orange is not responsible for and accepts no liability for any technical problems that result from conducting business electronically.

j. The County shall not be liable for any expenses incurred by potential Bidders in the preparation or submission of their bids. The County shall not, in an event, be liable for any pre-contractual expenses incurred by Bidders prior to the date of award and execution, if any, of the Contract. Pre-contractual expenses are defined as expenses incurred by the Bidder in: a) preparing its bid in response to this IFB; b) submitting that bid to the County; c) negotiating with the County any matter related to the Bidder's bid;

and d) any other expenses incurred by the Bidder prior to the date of award and execution, if any, of the Contract.

k. Bids are not to be marked as confidential or proprietary. The County shall refuse to consider any bid so marked. Additionally, all bids shall become the property of the County. The County reserves the right to make use of any information or ideas in the bids submitted.

l. If clarification of this IFB is considered necessary, a written addendum shall be issued. Oral statement(s) concerning the meaning of the contents of this IFB by County personnel or any other person is (are) unauthorized and should not be relied upon. All inquiries concerning this IFB should be directed to the assigned DPA (Deputy Purchasing Agent) per the instructions in the IFB.

BidSync12/29/2023 p. 21

m. Bidders shall be solely responsible for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

n. The Model Contract contained in this solicitation is the Contract proposed for execution. Negotiations may or may not be conducted with the finalists; therefore, the response submitted should contain Offeror's most favorable terms and conditions, since the selection and award may be made without further discussion. Any exceptions to the terms and conditions made by any Offeror after submission of its response may result in elimination from further consideration.

o. Any exceptions to the County's terms and conditions must be clearly stated in responses to this solicitation. Any exception must include the details of the exception and the reasons for it. The County reserves the right to disqualify vendors taking exception to its terms and conditions. Vendors taking exception after notice of award will be disqualified from award of contract.

3. SOLICITATION ADDENDUM (ADDENDA):

a. The County of Orange does not guarantee that you will receive the addenda to this solicitation unless you received notification of this solicitation by e-mail from BidSync on behalf of the County of Orange. Bidders registered on BidSync will receive an email notification when an addendum has been created. A link to the County of Orange's online bidding web site can be found at:

http://egov.ocgov.com/ocgov/Procurement/Open%20Bids.

It is the Bidder's responsibility to request all additional information and/or modifications to this solicitation.

b. In the event that the solicitation is revised by an addendum, supplier shall submit the original solicitation and any addenda that the buyer requires to be submitted.

c. Price(s) offered shall reflect all addenda issued by the County. Failure to do so will permit the County to interpret the bid to include all addenda issued in any resulting contract.

4. PRICES:

a. All prices and notations must be typewritten.

b. All prices must be bid in U.S. currency.

c. Unit prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $.56726 each would exceed this limitation. Unit prices which exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award purposes. Using the example just cited, the "6" at the end of the unit price would be truncated (i.e., dropped off) leaving a unit price of $.5672 each.

d. An error in the bid may cause the rejection of that bid; however, the County may at its sole option retain the bid and make certain arithmetic corrections. In determining if a correction will be made, the County will consider the conformance of the bid to the format and content required by the solicitation, and any unusual complexity of the format and content required by the solicitation.

i. If the bidder's intent is clearly established based on review of the complete bid submittal, the County may at its sole option correct an error based on that established intent.

ii. The County may at its sole option correct obvious clerical errors.

iii. The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the "Extension" price by the quantity of the item.

iv. Out of state contractors must include California Sales Tax permit number.

v. Prices quoted shall be firm for the first period of the price agreement.

vi. Cost increases may be considered during Contract renewal periods only. The County requires bona fide proof of cost increases prior to any price escalation adjustment. A minimum of 30 (thirty) days advance notice in writing is required to secure such adjustments. When offering escalating price bids, quote applicable labor and material separately as to percentage of total cost. No retroactive pricing adjustments will be considered. The County may enforce, adjust, or cancel escalating price agreements as it sees fit. The net dollar amount of profit will remain firm during the period of the price agreement. Adjustments increasing Contractor's profit will not be allowed.

vii. All decreases will be automatically extended to the County

5. CASH DISCOUNTS: The County encourages bidders to offer cash discounts for prompt payment etc.; however, unless provided elsewhere in the solicitation, cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers to determine the successful bidder for award of any resulting contract.

6. INSPECTION OF SOLICITATION DOCUMENTS: Supplier shall carefully review all documents referenced and made a part of this solicitation to ensure that all information required to properly respond to the solicitation has been received or made available and all

BidSync12/29/2023 p. 22 requirements are priced in the bid. Failure to examine any document, drawing, specification, or instruction will be at the supplier's sole risk.

7. BRAND NAMES: Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the referenced brand. Unless bidder specifies otherwise, it is understood that the bidder is offering a referenced brand item as specified in the solicitation. The County reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the County may require the supply of additional descriptive material and a sample.

8. EVALUATION OF BIDS:

a. Where more than one line item is specified in the solicitation, the County reserves the right to determine the lowest, responsive and responsible bidder, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided.

b. Unless otherwise specified in the solicitation, the County may accept any item or combination of items as specified in the solicitation, of any bid unless the bidder expressly objects and conditions its response on receiving all items for which it provided a bid. In the event that the bidder so objects, the County may consider the bidder's objection and evaluate whether the award on such basis will result in the lowest price to the County or may determine in its sole discretion that such an objection is non-responsive and renders the bidder ineligible for award.

c. All other criteria to be used in evaluating bids will be identified elsewhere in the solicitation.

9. CONFLICT OF INTEREST:

a. Current County Employees (PCC Section 10410):

i. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any County Agency/Department, unless the employment, activity or enterprise is required as a condition of regular County employment.

ii. No officer or employee shall contract on his or her own behalf as an independent contractor with any County agency to provide goods or services.

b. Former County Employees (PCC Section 10411): For the two-year period from the date he or she left County employment, no former County officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any County agency/department.

c. For the twelve-month period from the date he or she left County employment, no former County officer or employee may enter into a contract with any County agency/department if he or she was employed by that County agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving County service.

10. JOINT BIDS: Where two or more Suppliers desire to submit a single bid in response to a solicitation, they should do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

11. SAMPLES TO DETERMINE RESPONSIVENESS TO TECHNICAL REQUIREMENTS FOR PURPOSES OF AWARD:

a. Samples of items, when required by the County, must be furnished free of expense to the County, unless otherwise provided.

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

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

d. Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at bidder's expense.

e. Samples may be required prior to award. If requested, such samples must be delivered to the address specified and within the timeframe identified in the notification. Failure to submit samples as specified may be grounds for rejection.

12. SPECIFICATION CONCERNS:

BidSync12/29/2023 p. 23

a. In the event a supplier believes that the County's solicitation is unfairly restrictive, ambiguous, contains conflicting provisions or mistakes or in the supplier's experience any resulting contract would be commercially impractical to perform, the matter should be promptly brought to the attention of the buyer identified in the solicitation, in writing, immediately upon receipt of the solicitation, in order that the matter may be fully considered and appropriate action taken by the County prior to the closing time set to receive bids.

13. VALIDITY OF BID: Unless specified elsewhere in the solicitation, bidder's bid shall be valid for a minimum of one hundred eighty (180) days following the bid closing date.

14. MISTAKE IN BID: If prior to contract award, a bidder discovers a mistake in their bid which renders the bidder unwilling to perform under any resulting contract, the bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

15. COUNTY'S RIGHTS:

a. The County reserves the right to modify or cancel in whole or in part its solicitation at any time without prior notice.

b. The County reserves the right to reject any or all bids if the County determines that a bidder's bid was non-responsive to the solicitation requirements and to waive informalities and minor irregularities in bids received.

c. The County reserves the right to reject any or all bids if the County determines that a bidder is not a responsible supplier.

d. Award final Contract with the lowest, responsive, responsible Bidder or Bidders as necessary to serve the best interests of the

County may require.

e. Award its total requirement to one Bidder or to apportion those requirements among two or more Bidders as the County may deem to be in its best interests.

f. Make no guarantee as to the usage of the services by the County. The County furthermore makes no representation that any

Contract will be awarded to any Bidder responding to this IFB.'

g. All bids received may be public record after opening. Bids are not to be marked as confidential or proprietary. The County shall refuse to consider any bid so marked. Bids must be submitted in response to this IFB may be subject to public disclosure as permitted by the California Public Records Act. Additionally, all bids shall become the property of the County. The County reserves the right to make use of any information or ideas in the bids submitted.

h. Waive, at its discretion, any irregularity or informality which the County deems correctable or otherwise not warranting rejection of the bid.

i. Make final award determination based on the lowest responsive, responsible bid, but award will be contingent upon agency/department approval, including a review of qualifications, and the successful bidder must have met all the qualifications/requirements set forth herein.

16. UNFAIR PRACTICES ACT AND OTHER LAWS: Supplier warrants that its bid complies with the Unfair Practices Act (Business and

Professions Code Section 17000 et seq.) and all applicable County, State and Federal laws and regulations.

17. VIOLATION OF AIR OR WATER POLLUTION LAWS:

a. Prior to an award, the County shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardees' identity or status as a person who is in violation of any County, State, or federal air or water pollution law, the County will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the County that the intended awardee is such a person.

b. No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of County, State, or federal air or water pollution control laws.

18. INDEPENDENCE OF BID: By submitting this bid, bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

19. PROTESTS: All protests shall be submitted on protester's letterhead and include at minimum the following information:

� The name, address and telephone number of the protester;

� The signature of the protester or the protester's representative;

BidSync12/29/2023 p. 24

� The solicitation or contract number;

� A detailed statement of the legal and/or factual grounds for the protest; and � The form of relief requested All protests related to bid or proposal specifications must be submitted to the Deputy Purchasing Agent no later than five (5) business days prior to the close of the bid or proposal. Protests received after the five (5) business day deadline will not be considered by the County. In the event the protest of specifications is denied and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid/proposal submittal procedures provided in the bid/proposal.

In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the Deputy Purchasing Agent. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

If the protester wishes to appeal the decision of the Deputy Purchasing Agent, the protester must submit, within three (3) business days from receipt of the Deputy Purchasing Agent's decision, a written appeal to the Office of the County Purchasing Agent at:

1300 S. Grand Ave., Bldg A Santa Ana, CA 92705 The decision of the County Purchasing Agent on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

20. INDEPENDENT CONTRACTOR REPORTING REQUIREMENTS: Any independent contractor, prior to being awarded a purchase order which contains services, must provide certain information pertaining to its business to the County. The County, in accordance with Unemployment Insurance Code Section 1088.8, will report such information to the Employment Development Department. By submitting a bid, bidder acknowledges this information is required and that it is being reported to the Employment Development Department.

Additional information on this reporting requirement can be found at the California Employment Development Department web site located at www.edd.ca.gov/txicr.htm.

21. Orange County Child Support: To comply with the child support enforcement requirements of the County of Orange, within ten days of notification of selection of award of contract but prior to official award of contract, the selected contractor agrees to furnish to the contract administrator, the Purchasing Agent, or the agency/department deputy purchasing agent:

a. In the case of an individual contractor, his/her name, date of birth, Social Security number, and residence address;

b. In the case of a contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity;

c. A certification that the contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and

d. A certification that the contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of

Assignment and will continue to so comply.

Failure of the contractor to timely submit the data and/or certifications required may result in the contract being awarded to another contractor. In the event a contract has been issued, failure of the contractor to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the contract. Failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the contract.

22. AMERICANS WITH DISABILITY ACT (ADA): To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may contact the buyer listed in the solicitation.

23. Vendor Advisory: The County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

BidSync12/29/2023 p. 25

PROTEST PROCEDURES

A. Policy

Any actual or prospective bidder, proposer or Contractor who alleges a grievance by the solicitation or award of a Contract may submit a grievance or protest to the appropriate agency/department Deputy Purchasing Agent.

B. Procedure

All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

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

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

3. The Solicitation or Contract number;

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

5. The form of relief requested.

C. Protest of Bid/Proposal Specifications:

All protests related to bid or proposal specifications must be submitted to the Deputy Purchasing Agent no later than five (5) business days prior to the close of the bid or proposal. Protests received after the five (5) business day deadline will not be considered by the County.

In the event the protest of specifications is denied and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid/proposal submittal procedures provided in the bid/proposal.

D. Protest of Award of Contract:

In protests related to the award of a Contract, the protest must be submitted no later than five (5) business days after the notice of the proposed Contract award is provided by the Deputy Purchasing Agent. Protests relating to a proposed Contract award which are received after the five (5) business day deadline will not be considered by the County.

1. Protest Process

(a) In the event of a timely protest, the County shall not proceed with the solicitation or award of the Contract until the Deputy Purchasing Agent, the County Purchasing Agent or the Procurement Appeals Board renders a decision on the protest.

(b) Upon receipt of a timely protest, the Deputy Purchasing Agent will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

(c) The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the Contract is necessary to protect the substantial interests of the County. The award of a Contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

BidSync12/29/2023 p. 26

(d) If the protester disagrees with the decision of the Deputy Purchasing Agent, the protestor may submit a written notice to the Office of the County Purchasing Agent requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

2. Appeal Process

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

(b) Within fifteen (15) business days, the County Purchasing Agent will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.

(c) The decision of the County Purchasing Agent on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

BidSync12/29/2023 p. 27

1. Conflict of Interest

Respondent/Bidder must certify either a or b by signing below:

a. Respondent/Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

i. Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

Tim Pontius

(Signature required)

b. Respondent/Bidder certifies that no relationships exist/existed as outlined in item a. above.

Orange County Board of Supervisors govern: All Assessment Districts, All Community Facilities Districts, All Reassessment Districts, Housing and Community Development Commission, Housing Successor Agency to the Orange County Development Agency, In-Home Supportive

Services Public Authority, Industrial Development Authority For Orange County, Local Redevelopment Authority Marine Corp Air Station

(MCAS) El Toro, Orange County Financing Authority, Orange County Flood Control District, Orange County Housing Authority, Orange

County Housing Authority Acting As the Housing Successor Agency, Orange County Public Financing Authority, Orange County Special

Financing Authority, South Orange County Public Financing Authority, and the Successor Agency to the Orange County Development Agency

2. Litigation

a. Respondent/Bidder certifies current/past litigation as follows:

i. Respondent/Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent/Bidder, or any company that holds a controlling interest in Respondent/Bidder, against the County of Orange in the past seven (7) years.

ii. Respondent/Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.

BidSync12/29/2023 p. 28

b. Respondent/Bidder certifies that Respondent/Bidder or any proposed subcontractors do not have any past or current litigation.

3. Name/Ownership Changes

a. Respondent/Bidder certifies past company name changes and/or ownership changes, for Respondent/Bidder’s firm and any proposed subcontractor firm, as follows:

i. Respondent/Bidder shall provide detailed information regarding any company name changes (including legal business names) in the past seven (7) years.

ii. Respondent/Bidder shall provide detailed information regarding any company…