Bid 7319 Laboratory Water Soil Sample Analysis

Agency: Merced County
State: California
Type of Government: State & Local
NAICS Category:
  • 541380 - Testing Laboratories
Posted Date: Oct 15, 2019
Due Date: Nov 12, 2019
Solicitation No: 7319
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
Bid Number: 7319
Bid Title: Bid 7319 Laboratory Water Soil Sample Analysis
Category: Administrative Services - Purchasing
Status: Open

Description:
The County of Merced requires an analytical laboratory service consultant to provide laboratory water/soil sample analysis. These services are required to support the Department of Public Health, Division of Environmental Health. The anticipated awarding period will be for three (3) years with two (2) possible extensions of one year each.
Publication Date/Time:
10/15/2019 8:00 AM
Closing Date/Time:
11/12/2019 4:00 PM
Pre-bid Meeting:
No
Contact Person:
Nereyda Zaragoza, Procurement Specialist
Phone: 209-385-7331 Ext. 4361
Fax: 209-725-3535
E-Mail: Nereyda.Zaragoza@countyofmerced.com
Download Available:
Yes
Business Hours:
Monday-Friday 8:00am-5:00pm
Related Documents:

Attachment Preview

Test Title

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Issue Date: 10.15.19

THE COUNTY OF MERCED

DEPARTMENT OF ADMINISTRATIVE SERVICES-PURCHASING

INVITATION FOR BID

BID NO. 7319

FOR:

LABORATORY WATER/SOIL SAMPLE ANALYSIS

COMMODITY CODE: 925.90

Notice is hereby given that sealed bids will be received at the Merced County Department of Administrative Services-Purchasing until 4:00 P.M., local time, on November 12, 2019 at which time they will be publicly opened, read and published to the web for the furnishing of all labor, materials and equipment, and performing all work necessary and incidental to Laboratory Water/Soil Sample Analysis. Please carefully read and follow the instructions. Bids shall be presented under sealed cover. Clearly marked with the bid number and bid submittal deadline date on the outside and mailed or delivered to:

Department of Administrative Services-Purchasing

2222 "M" Street, Room 1

Attn: Nereyda Zaragoza, Procurement Specialist

Phone: 209-385-7331 Ext. 4361

Fax: 209-725-3535

E-Mail: Nereyda.Zaragoza@countyofmerced.com

Any Bidder who wishes their bid to be considered is responsible for making certain that their bid is received in the Department of Administrative Services-Purchasing by the Bid Submittal Deadline. NO ORAL, TELEPHONIC, ELECTRONIC (E-MAIL), OR FACSIMILE BIDS OR MODIFICATIONS WILL BE CONSIDERED. BIDS RECEIVED AFTER THE BID SUBMITTAL DEADLINE WILL BE REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

BID SUBMITTAL DEADLINE: 4:00 P.M., November 12, 2019

BIDS WILL BE CONSIDERED LATE WHEN THE OFFICIAL DEPARTMENT OF ADMINISTRATIVE SERVICES-PURCHASING TIME CLOCK READS


TABLE OF CONTENTS

Cover Page 1

Table of Contents 2

SECTIONS:

1 – Scope of Work 3

2 – Calendar and Checklist 5

3 – Instructions 6

4 – General Terms 10

5 – Basis of Award 20

ATTACHMENTS:

A – Signature Page 23

B – Bid Cost Sheet 24

C – References 25

D – Subcontractor List 26

E – Local Vendor Preference 27


SECTION 1

TECHNICAL SPECIFICATIONS

The County of Merced requires an analytical laboratory service consultant to provide laboratory water/soil sample analysis. These services are required to support the Department of Public Health, Division of Environmental Health. The anticipated awarding period will be for three (3) years with two (2) possible extensions of one (1) year each.

1. Lab Requirements

1.2. The Bidder is expected to notify the customer of the lab results by mail, e-mail if available, and to e-mail a copy to the Division of Environmental Health. Samples to be collected by Environmental Health staff and shipped to the Lab via a sample courier service provided by the lab. Bidder must provide the appropriate water sample collection containers/bottles. A ten (10) day turn-around is expected from date of receipt of samples, unless rush services are requested. Lab results sent to Environmental Health shall be transmitted electronically and be compatible with the data management system for Environmental Health. Lab report formats must clearly display the quantification results against established primary and secondary standards.

1.3. Bidder must be Environmental Laboratory Accreditation Program (ELAP) certified by the California Water Board to conduct all water, soil and hazardous material samples.

1.4. Quantities of test required: (Approximate) Annual:

a. 350 each Title 22 General Mineral, Inorganics

b. 460 each DBCP Samples

c. Other samples as required of soil and water

2. Required Test Types

Required Test Types:

Approximate Annual Usage

2.1)

Bacteriological

5

2.2)

Plate Count

10

2.3)

T22 Inorganic/General Mineral

350

2.4)

Organics EPA 505/515

30

2.5)

Organics EPA 515.1

30

2.6)

TOC (Total Organic Carbon)

10

2.7)

BTX (water/soil)

10

2.8)

Nitrate

200

2.9)

Arsenic

10

Required Test Types:

Approximate Annual Usage

2.10)

VOC/TCE

30

2.11)

Chloride

10

2.12)

Manganese

10

2.13)

Total Nitrogen

40

2.14)

DBCP/EDB (EPA 504)

400

2.15)

Calcium

10

2.16)

General Physical

300

2.17)

EPA 502.2 (Volatile Organics)

30

2.18)

Gross Alpha

5

2.19)

TOX (Total Organic Halides

10

2.20)

TPH-Diesel (water/soil)

10

2.21)

TDS

50

2.22)

PB – Lead (water/soil)

10

2.23)

TPH – Gas (water/soil)

10

2.24)

Fluoride

10

2.25)

Iron

10

2.26)

Heavy Metals

10

2.27)

I, 2, 3 – TCP

5


SECTION 2

INVITATION FOR BID CALENDAR AND CHECKLIST

1. Calendar

a. Availability of Invitation for Bid 10/15/2019

b. Submittal of Questions / Corrections – Section 3.2 10/29/2019

c. Closing Date for Invitation for Bid – Section 3.3 11/12/2019

2. Submittal Checklist

a. Signature Sheet Attachment A

b. Bid Cost Sheet Attachment B

c. Reference List Attachment C

d. Subcontractor List Attachment D

e. Local Vendor Preference Certification Attachment E


SECTION 3

INSTRUCTIONS FOR SUBMITTING BIDS

1. Bid Submittal

a. Bid must be submitted on the form(s) provided by and made available at the Office of the Merced County Department of Administrative Services-Purchasing, 2222 “M” Street, Room 1, Merced, CA 95340. All items shall be filled in and the signatures of all persons signing shall be written and printed in longhand. All bids submitted must have signature sheet, (Attachment A) completed, dated, with firm's name and signed by a duly authorized officer of the firm.

The bid cost sheet, (Attachment B) to be completed, signed and returned with bid submittal.

Bids not submitted on the form(s) provided may not be considered by the Department of Administrative Services-Purchasing.

b. All bids shall be presented under sealed cover, clearly identified on the outside to read:

• Name of the Bidder

• Address of the Bidder

• Subject of the Bid

• Invitation for Bid Number

• Bid Submittal Deadline Date

c. Please submit one (1) original signature hard copy to be signed in blue ink (original copies marked as such) and one (1) copy.

d. All bids shall remain firm for at least ninety (90) calendar days after Bid Submittal Deadline unless otherwise specified. Within ninety (90) calendar days after the Bid Submittal Deadline opening, a purchase order and/or a contract may be awarded by the County to the lowest responsible bidder, as it may deem proper in its absolute discretion. The time for awarding a purchase order and/or a contract may be extended at the sole discretion of the County, if required to evaluate bids or for such other purposes as the County may determine, unless the bidder objects to such extension in writing with their bid.

e. All prices shall be bid F.O.B. DESTINATION only.

f. Delivery dates of all items/services shall be specified on the bid.

g. Mistakes must be corrected and the correction inserted; correction must be initialed in blue ink by the person signing the bid.

h. Bidder shall be able to withdraw their bid at any time prior to the Bid Submittal Deadline. After bid submitted deadline, the Bidder shall not be relieved of its bid without the consent of the County, nor shall any change in the bid be made because of a mistake. The County may allow a Bidder to withdraw a bid because of a mistake only when the Bidder has notified the County in writing within five (5) work days following the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the County that: (1) a mistake was made; (2) the mistake made the bid materially different from what the bidder intended; and (3) the mistake was made in filling out the bid and was not due to an error in judgment nor to carelessness in inspecting the site nor in reading the plans or specifications.

i. The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.

2. Interpretation, Corrections and Addenda

The Bidder must carefully examine the specifications, terms and conditions provided in the Invitation For Bid and become fully informed as to the requirements set forth therein. If anyone planning to submit a bid discovers any ambiguity, conflict, discrepancy, omission or error in the bid, has any questions in relationship to the requirements as specified in Section 1, or any other related matters, they shall immediately notify the contact person as shown on the “Cover Sheet” of such concern in writing and request clarification or modification of the document(s) no later than the deadline as set forth herein:

Deadline for submission of questions: 10/29/2019

No further requests for clarification or objections to the bid will be accepted or considered after this date. Any change in the bid will be made only by written addendum, issued by the Department of Administrative Services-Purchasing to each firm in receipt of the Invitation for Bid and shall be incorporated in the bid.

The Bidder shall sign and date the addendum and submit same with the bid. Any oral communication by the County’s designated contact person or any other County staff member concerning this proposal is not binding on the County and shall in no way modify this proposal or the obligations of the County or any Bidders.

The Bidder may E-mail, mail, or fax the contact person as shown on the “Cover Sheet”.

All inquiries shall be directed to the designated County staff person as shown. Contact with any other County personnel or any undue “badgering” of such County personnel by the Bidder is prohibited. Failure to comply with this request may be considered cause for disqualification of your bid.

3. Bid Submittal Deadline

The bid must be received in the Merced County Department of Administrative Services - Purchasing by 4:00 P.M. local time on November 12, 2019. For the purposes of this bid, the time specified will be as defined by the Date/Time machine in the Office of the Department of Administrative Services-Purchasing, 2222 “M” Street, Room 1, Merced, California 95340. BIDS RECEIVED AFTER THIS DEADLINE WILL BE REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

Without law or policy to the contrary, if the Bidder took reasonable steps to submit the bid in due time, and failure of the bid to be on hand at the time of closing was not the result of negligence or other fault of the bidder, but was the result of negligence by the County, the County reserves the right to accept such bid.

4. References

Provide a list of at least three (3) three customer references, (Attachment C) which the Bidder had sold or are currently selling similar items/services. Include the company’s name; the name, title, and telephone number of a contact person; the dollar amount of the contract; and the dates that these items/services were completed.

5. Specific Compliance

All Bidders will be required to abide by all applicable local, Federal and State laws and regulations.

6. Acceptance Test

Upon receipt of written notification of the completion of the delivery of the items/services called for under this bid, County, at its option, may conduct a fifteen (15) work day on-site acceptance test. The acceptance test of the items/services will be conducted for the purpose of demonstrating, that, in County’s sole opinion that such items/services performs in accordance with the manufacturer's specifications.

In the event the items/services do not successfully pass the acceptance test, County shall notify the successful Bidder, in writing, specifying in reasonable detail in what respects the items/services failed to perform. Seller shall immediately correct any deficiencies, disclosed by the acceptance test. County may repeat the fifteen (15) work days test again until the items/services have successfully passed the acceptance test.

In the event that the items/services fail to pass the acceptance test within sixty (60) calendar days of the date that the notification of the completion of the delivery of the items/services are received, County shall have the option of immediately terminating any purchase order issued as a result if this bid without financial liability or penalty of any kind, or, with mutual agreement the parties may continue the acceptance testing. The option to terminate any purchase order issued as a result of this bid, as aforesaid, shall remain available to County during any mutually agreed to continuation of the acceptance test after the aforesaid sixty (60) calendar day period. If County elects to termination any purchase order issued as a result of this bid, the successful Bidder shall refund all monies received from County up to the period of termination, within thirty (30) calendar days from receipt of written termination by County.

7. Merced County Business License

Prior to the issuance of any purchase order and/or the performance of any contract derived from this bid, the successful Bidder and its subcontractors shall be required to maintain a Merced County Business License in accordance with the County of Merced Ordinance No. 1705, “An Ordinance Establishing a requirement for a Business License and Temporary Business License and/or persons operating in the unincorporated areas of Merced County" ( www.caed.merced.ca.us ).

It is the intent of the Board of Supervisors of the County of Merced to authorize that no person shall maintain, conduct, or carry-on a business, whether or not for profit, located in whole or in part at a fixed place of business within the County and outside the limits of any incorporated city, without first obtaining a license to operate as provided under the County of Merced Ordinance No. 1705.


SECTION 4

GENERAL TERMS AND CONDITIONS

1. Bid Rejection/Waiver of Informalities

THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID AND MINOR IRREGULARITIES, TECHNICAL DEFECTS OR CLERICAL ERRORS.

The County’s decision shall be final. The County’s waiver of an immaterial defect shall in no way modify the bid documents or excuse the Bidder from full compliance with its specifications if the Bidder is awarded the bid.

2. Bonding Requirements

If required, before execution of the contract with the successful Bidder by the County, the successful Bidder shall file with the County the necessary bonds satisfactory to the County in the amounts and for the purposes noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in and secured through an authorized agent with an office in . The successful Bidder shall pay all bond premiums, costs and incidentals.

3. Condition of Equipment Bid

If equipment is proposed, it is to be the newest and latest model in current production. Used, re-manufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated under this bid.

4. Brand Names

Manufacturers’ brand names and model numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided the offer clearly describes the item. Offers for equal items must state the manufacturers brand and model number, or level of quality. The determination of the Department of Administrative Services-Purchasing as to what items are equal is final and conclusive. When manufacturer’s brands, model numbers or level of quality is not stated by Bidder, the offer will be considered exactly as specified.

5. Payments, Invoicing and W-9 Certification Form

Invoices shall be mailed or delivered to the County Department whose name and address shall appear in the "INVOICE TO" section of any purchase order and/or contract as a result of this bid.

In addition to the itemized invoice(s) submitted by the successful Bidder for payment, the successful Bidder must also complete and submit a Form W-9, “Request for Taxpayer Identification Number and Certification”, ( www.irs.gov/pub/irs-pdf/fw9.pdf ) to the County. Both invoice(s) and W-9 form shall be forwarded to the County at the address indicated in the purchase order and/or contract. Upon approval by the County, the sum due hereunder shall be paid to the successful Bidder within thirty (30) calendar days following acceptance pursuant to Section “Acceptance Test”, and receipt of a proper invoice(s).

6. Delivery Hours

Delivery will be accepted from to , Monday through Friday.

7. Damage of Items

All damages pursuant to items received by County due to the successful Bidder’s negligence shall be the responsibility of successful Bidder to replace.

8. Alternate Bids

Alternate bids will not be considered.

9. Cash Discount

In connection with any cash discount specified on this bid, time will be computed from the date of the complete delivery of the items/equipment as specified, or from date correct invoices are received in the County department requesting such items/equipment, whichever is later. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

10. Pricing

For the first twelve months of the Contract, pricing will be fixed at the submitted bid pricing. Sixty (60) days prior to the anniversary date of the Contract, the successful Bidder may submit proposed pricing revisions for the follow year, which will be subject to negotiation by the County at the County’s discretion. The Bidder must provide adequate documentation to substantiate any request for price increase.

11. Risk of Loss

The successful Bidder shall bear risk of loss until goods have reached the final F.O.B. Destination point. Thereafter, County shall bear risk of loss.

12. Prior to Shipment

While the successful Bidder has risk of loss, the successful Bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually comprise the piece-of equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process and furnished items. Such insurance shall provide a loss payable clause in favor of the successful Bidder as its interest may appear.

13. F.O.B. Point

F.O.B. Destination to include inside delivery to:

MERCED COUNTY

ENVIRONMENTAL HEALTH

260 E. 15TH STREET

MERCED, CA 95341

14. Examination of Bid Documents

All Bidders shall carefully examine the specifications herein and must fully inform themselves of the conditions and requirement of the items/services to be furnished. Failure to do so will be at Bidder’s own risk and cannot secure relief on the plea of error, or dispute, or question such specifications and the directions explaining or interpreting them.

Should a Bidder find discrepancies in, or omissions from, the specifications, or should he/she be in doubt to their meaning, he/she shall at once notify the County’s Department of Administrative Services-Purchasing. Notification is to be in written form and must be submitted at least seven (7) work days prior to the Bid Submittal Deadline. Any interpretations by the County will be made in written form. Any change in requirements will be done in the form of a written amendment. The receipt of any resulting amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding upon the County.

All other questions should be directed to the buyer shown on the “Cover Sheet” of this Invitation for Bid (IFB).

15. Request for Changes

The County reserves the right to order in writing changes in the bid or alterations, additions, or omissions at any time prior to acceptance of the items/services without voiding the bid, and the successful Bidder shall comply with such order. The successful Bidder may also request changes in the bid, but no work will be performed on such changes until the request is approved in writing by the County. Such changes shall be performed in accordance with the original bid requirements except as modified by an amendment. Except as herein provided, the successful Bidder shall have no claim for any other compensation due to changes in the work.

16. Local Business Purchasing Preference

A five percent (5%) preference shall be granted to local Bidders. A local Bidder is defined as:

a. A principal place of business located within the with a valid and verifiable business license, if applicable, issued by a city the County or a business located in the unincorporated areas of the County. Post Office Boxes do not qualify as verifiable local business addresses;

b. Employs at least one (1) full-time employee within the County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is located within the County; and

c. Has had a fixed office or place of business having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the County.

Local preference only applies to the purchase of materials, supplies, equipment or services, and will not apply to bids conducted cooperatively with other public agencies, nor when prohibited by state or federal statutes or regulations to be awarded to the “lowest responsible bidder” or otherwise exempted from local preference. The total amount of such a preference granted in a single competitive bid shall not exceed $10,000 over a non-local bidder (County of Merced Ordinance No. 1852, Chapter 5.12.025; “Local Business Purchasing Preference”).

17. Insurance

Prior to the commencement of work, and as a precondition to this contract, the successful Bidder shall purchase and maintain the following types of insurance for the stated minimum limits indicated. The successful Bidder shall provide a certificate of insurance and endorsements on each policy as required in this section. Each certificate of insurance shall specify if the successful Bidder has a SIR, and if so, they shall be required to provide the entire policy of insurance with which it has a SIR and/or deductible. All deductibles and self-insured retentions shall be fully disclosed in the Certificates of Insurance and are subject to the express written permission of the County Risk Manager.

a. Requirements and Limits:

1. Commercial General Liability: $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policies as additional insured using ISO form CG2026, as to any liability arising from the performance of any contract resulting from this proposal.

2. Automotive Liability: $1,000,000.00 per accident for bodily injury and property damage, or split limits of $500,000.00 per person/$1,000,000.00 per accident for bodily injury and $250,000.00 per accident for property damage.

3. Workers' Compensation Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,000,000.00 per accident, the policy shall be endorsed to waive the insurer's subrogation rights against the County.

4. If the successful Bidder elects to deliver products to the County using a common carrier that is not related to the bidders business entity. The Bidder may request waiver of the automobile and workers compensation insurance requirements.

5. Professional (Errors and Omissions) Liability: $1,000,000 limit per occurrence and $5,000,000 annual aggregate limit covering bidder’s wrongful acts, errors, and omissions. Any aggregate limit for professional liability must be separate and in addition to any CGL aggregate limit (when applicable). Claims –made coverage requires BIDDER to maintain a minimum of 3 years extended reporting period or tail coverage.

b. Insurance Conditions

1. Insurance is to be primary and non-contributory with any insurance of County, and placed with admitted insurers rated by A.M. Best Co. as A: VII or higher. Lower rated, or approved but not admitted insurers, may be accepted if prior approval is given by the County’s Risk Manager.

2. Each of the required policies, noted above, shall be endorsed to provide the County with thirty (30) calendar days prior written notice of cancellation. Additionally, the policies shall also be endorsed by the insurance company (not the agent) to modify the policies to include , its officers, agents, and employees as additional insured. The County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of successful Bidder to furnish insurance during the term of the contract.

3. These requirements assume that standard insurance policy forms, terms, and conditions will apply to cover the expected risk exposures for the intended “Scope of Work”. Additional qualifying policy conditions or special endorsements may be specified in the contract depending on the final “Scope of Work” agreed on by County and the successful Bidder. Insurance questions may be directed to the Department of Administrative Services-Purchasing for response from the County’s Risk Manager.

4. If the Bidder maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Bidder. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

5. If the Bidder uses Sub-Contractors or others to perform work under this contract, such Sub-Contractor or other persons shall be Named Insured or Additionally Insured to the Bidder’s required insurance coverage, or required by the Bidder to comply with equivalent insurance and conditions of this Section.

18. Qualification of Bidder

The County may make such investigation as it deems necessary to determine the ability of the Bidder to provide the services requested herein, and the Bidder shall furnish to the County all information and data for this purpose as the County may request. The County reserves the right to reject any bid should the evidence submitted by, or investigation of, the Bidder fail to satisfy the County that such Bidder is properly qualified to carry out the obligations of the bid and to complete the requirements contemplated therein.

19. Subcontracting

Any Bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid (Attachment D). The successful Bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the Bidder are the sole responsibility of the bidder. Any contract that is entered into between the successful Bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.

20. Default

In the event the successful Bidder who is awarded a purchase order and/or contract resulting from this bid shall be in breach or default, the County may procure the items/services from other sources and may deduct from any monies due, or that may thereafter become due to the successful Bidder, the difference between the price named in the purchase order and/or contract and actual cost thereof to the County. Prices paid by the County must be considered the prevailing market price at the time such purchase is made. These rights and remedies shall not be exclusive but in addition to any other rights and remedies provided by contract law. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Department of Administrative Services-Purchasing.

21. Cancellation of Purchase Order and/or Contract

The County may terminate any purchase order and/or contract derived from this bid as follows:

a. WITHOUT CAUSE at any time by giving thirty (30) calendar days written notice to the successful Bidder.

b. WITH CAUSE (Default) at any time by giving ten (10) calendar days written notice to the successful Bidder. Cancellation for cause shall be at the discretion of the Department of Administrative Services-Purchasing and shall be, but is not limited to, failure to supply the items, materials, equipment or services specified within the time allowed or within the terms, conditions or provisions of this bid.

The successful Bidder may not cancel any purchase order and/or contract derived from this bid, without prior written consent of the Department of Administrative Services-Purchasing.

22. Rejection of Bid

THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID, AND ALSO TO WITHHOLD AWARD FOR A PERIOD OF NINETY (90) CALENDAR DAYS FROM DATE OF BID OPENING.

23. Nondiscrimination

a. During the performance of this bid, Bidder and any sub-contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full.

b. Bidder and any sub-contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract.

d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the County upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours-notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or County shall require to ascertain compliance with this clause.

24. Non-discrimination of the Disabled

The County will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates on the basis of handicap in providing aid, benefit, or service to beneficiaries of the program or activity. The County is committed to provide access to all County services, programs, and meetings open to the public for people with disabilities.

In this regard the County and all of its Bidders will take all reasonable steps to ensure that disabled individuals have the maximum opportunity for the same level of aid, benefit, or service as any other individual.

25. Governing Law and Venue

This bid, or any contract that may result from the award of this bid, shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the state of . Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the of , State of .

26. Taxes

Sales Tax should be shown separately on the bid form, when and where indicated. The County is exempt from Federal Excise Tax and should not be included in your bid. If the Bidder is outside California and collects sales tax, please state the amount as a separate item if the County is to remit the tax.

27. Samples

Samples of items, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at Bidder’s expense.

28. Liabilities

The Bidder shall hold the County, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or un-copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the County or Bidder because of the unauthorized use of such items.

29. Indemnification

The successful Bidder has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney’s fees, costs, experts’ fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this bid, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of the successful Bidder.

The successful Bidder’s liability for indemnity under this bid shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the successful bidder, its agents, subcontractors and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County. This duty shall arise at the first claim or allegation of liability against County. The successful Bidder will on request and at its expense, defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.

30. Warranty, Manufacturer

Manufacturer shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality. While under warranty, manufacturer shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of County operations. A copy or description of the manufacturer’s warranty shall accompany each bid for the material and equipment proposed, detailing the scope and length of the warranty. Where the successful Bidder is also the manufacturer of the materials or equipment provided under this bid, the Manufacturer's Warranty requirement will supersede the successful Bidder warranty requirement of this bid.

31. Warranty, Successful Bidder

Successful Bidder shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the County. While under warranty, successful Bidder shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of County operations.

32. Public Agency Participation

Any public agency, i.e., city, district, public authority, public agency, municipality and other political subdivision or a public corporation (hereinafter referred to as Public Agency) shall have the option of participating in any award made as a result of this bid at the same prices, and terms and conditions. The County is not an agent, partner, or representative of the Public Agency, and is not obligated or liable for any financial responsibility in connection with purchase orders issued by any Public Agency. The Public Agency shall accept sole responsibility for placing orders or payments to the successful bidder.


SECTION 5

AWARD OF BID

An evaluation team shall validate and evaluate all bids received. All requirements identified in this bid must be satisfied in order to ensure that a bid will qualify for consideration.

1. Lowest Responsive Bidder

Although competitive pricing is essential in the award of this IFB, consideration shall be given, but not limited to:

a. Lowest responsive Bidder following assessment of 5% Local Business Purchasing Preference, if applicable.

b. The ability of the Bidder to comply with Terms and Conditions set forth herein.

c. The ability of the Bidder to comply with the Specifications or Scope of Work set forth herein.

2. Lowest Responsible Bidder

a. The quality and performance of the supplies/equipment to be provided by the Bidder;

b. The ability, capacity and skill of the Bidder to perform the contract or accomplish the

transaction within the time specified, without delay;

c. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

d. The quality of Bidder's performance on previous purchases by, or contracts with, the County;

e. The ability of the Bidder to provide future maintenance, repair parts and services for the supplies/equipment provided;

3. Award

The County reserves the right to:

a. Award bids received on the basis of individual items/services, or groups of items/services, or on the entire list of items/services;

b. Reject any or all responses, or any part thereof;

c. Waive any informality in the bids;

d. Accept the bid that is in the best interest of the County. The Department of Administrative Services-Purchasing’s decision shall be final;

e. Award bids based upon the “Local Business Purchasing Preference” Policy.

An evaluation of the Bidder’s ability, quality, and performance as set forth under Section 5.1, “Most Responsive Bidder” and Section 5.2, “Lowest Responsible Bidder”, of this bid, will be used in addition to total cost as a basis of award for any ensuing contract.

4. Notice of Intent

A “Notice of Intent to Award” will be sent to all participating Bidders upon completion of review of the bids.  This “Notice of Intent to Award” will be sent to all participating Bidders by U.S. postal mail, email, or fax.

5. Debriefing

A debriefing shall be held before issuance of the purchase order or contract and upon the timely request of an unsuccessful Bidder for the purpose of receiving information concerning the evaluation of the Bidder’s bid response. The request must be in writing, dated, signed either by the bidder or a legally authorized individual on behalf of the Bidder and be received by the County’s Department of Administrative Services-Purchasing at 2222 “M” Street, Merced, California 95340 within three (3) working days following the County’s U.S. postal mail, email, or facsimile of the “Notice of Intent to Award”. Each requesting Bidder will be allotted a maximum of one (1) hour for any debriefing conference. The debriefing may be held, in the discretion of the County, by telephone conference call. The debriefing is not the forum to challenge the bid’s specification or requirements. The debriefing procedure provided herein to all requesting and unsuccessful Bidders to the County’s Invitation for Bid is the exclusive and sole remedy and means of receiving information upon the respective Bidder’s evaluation and preliminarily challenging of the award.

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