SAN BERNARDINO
COUNTY
Invitation to Bid
No. SHR124-ADMSR-5122
2025 Ford Explorer Police Interceptor
San Bernardino County
Sheriff/Coroner/Public Administrator
655 East Third Street
San Bernardino, CA 92415
September 27, 2023
08/2023 Formal ITB
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 2 of 33 Administrator Interceptor
TABLE OF CONTENTS
SECTION I: INVITATION TO BID AND GENERAL INFORMATION
1. REPRESENTATIONS AND CERTIFICATIONS .. Page 4
2. PUBLIC RECORDS ACT ..................... . Page 7
3. PRICING SCHEDULE Page 8
4. PUBLIC AGENCY PARTICIPATION Page 9
SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID
1. PRICING YOUR BID ... . Page 10
2. SUBMITTING YOUR BID Page 10
3. EVALUATION AND AWARD Page 11
4. PROTEST PROCEDURES Page 12
5. LOCAL VENDOR PREFERENCE . Page 12
SECTION III: STANDARD TERMS AND CONDITIONS
1. DEFINITIONS . Page 13
2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST Page 13
3. CAL OSHA .. Page 13
4. FORMAL BIDS • Page 14
5. DELIVERY ..Page 14
6. INSPECTION.. Page 14
7. TERMINATION FORDEFAULT .. Page 14
8. TERMINATION FOR CONVENIENCE Page 14
9. TITLE Page 15
10. VARIATIONS IN SPECIFICATIONS Page 15
11. AVAILABILITY OF FUNDING .... Page 15
12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES Page 15
13. DISPUTES. Page 15
14. CHANGES Page 16
15. ASSIGNABILITY Page 16
16. INDEMNITY .. Page 16
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 3 of 33 Administrator Interceptor
17. CONDUCT OF CONTRACTOR. Page 16
18. DISALLOWANCE ..... Page 17
19. GOVERNING LAW AND VENUE Page 17
20. AUDIT AND INSPECTION OF RECORDS Page 17
21. PATENT AND COPYRIGHT LICENSE Page 18
22. CONTRACTOR REPRESENTATION Page 18
23. WARRANTY ..... Page 18
24. PERMITS, NOTICES, FEES AND LAWS Page 19
25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH • Page 19
26. FINDINGS CONFIDENTIAL...... Page 19
21. NOTICE Page 19
28. PRODUCT IDENTIFICATION AND LABELING Page 19
29. DRUG & ALCOHOL FREE WORKPLACE Page 19
30. ORDERING Page 20
31. PAYMENTS AND INVOICES ..... Page 20
32. FLAMMABILITY AND TOXICITY Page 20
33. CONTRACT ADMINISTRATION Page 21
34. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES Page 21
35. NONDISCRIMATION Page 21
36. SEVERABILITY Page 21
37. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS. Page 21
38. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439)... Page 22
39. LOCAL VENDOR PREFERENCE SELF-CERTIFICATION. Page 23
40. LOCAL VENDOR PREFERENCE POLICY 11-10 Page 24
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 4 of 33 Administrator Interceptor
Section I: Invitation to Bid (ITB) and General Information
1. REPRESENTATIONS AND CERTIFICATIONS
A. Business Representation
Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business:
1. Are you a local business with a physical address within San Bernardino County? Yes
2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of the San Bernardino County): _%
3. Please complete Attachment A: Local Vendor Preference Self Certification If Bidder or any of its subcontractors, agents or consultants, have previously contracted with the County to perform related work on this project (e.g. preparing components of the statement of work or plans and specifications for this project), Bidder shall identify those previous agreements) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously contracted with the County to perform work on or related to this project.
B. Debarment, Suspension and Related Matters
Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency (See the following United States General Services Administration's System for Award Management website https://www.sam.gov.) Bidder certifies that it is registered in the United States General Services Administration's System for Award Management. Bidder further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations Except as allowed for in Section C.4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers:
1. Are presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) or have within the past five (5) years been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving of, orgar, briber, late ford or ste stolen property-
Have within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default.
3. Are presently the target or subject of any investigation, accusation or charges by any federal, state or local law enforcement, licensing or certification body.
4. If Bidder is unable to certify any of the facts set forth in Sections C.1, C.2 or C.3, it certifies that it has listed on a separate sheets) attached to this Representations and Certifications each fact that it cannot certify and the reason it cannot do so. That information must include the specific relevant facts (date(s), contracts) and individual(s) involved, status of action(s), and any other San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 5 of 33 Administrator Interceptor
relevant information) that prevent it from making the requested certifications. The County reserve:
he right to disqualify Bidder based upon information disclosed Bidder has a continuing duty to disclose information until contract award/execution and shall report, in writing, to the County Department of Purchasing within five business days of knowing or having any reason to know any change in status as certified in the preceding paragraphs B. and C.
D. Current Cost or Pricing
Spect aly identifted by storence if aedal submission of the diada dia insulariced with this ira or complete, and current as of the date signed below.
E. Independent Pricing
Bidder certifies that in relation to this procurement:
1. Unless otherwise required by law, the prices that have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other Bidder or to any competitor; and
2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition.
F. Tax Information
The Bidder understands that prior to receiving a contract award from the County, the Bidder must submit a completed IRS W-9 form to provide a Federal Tax ID number, or if not available, to provide a Social Security Number (SSN).
G. Duty to Inquire
Should Bidder find discrepancies in or omissions from the solicitation, plans, specifications or other documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the ITB Contact in writing. If the point in question is not clearly and fully set forth, a written addendum will be issued and posted on the County's web site ePro. It is the Bidders' responsibility to periodically check the Web site for such addenda. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the ePro web site.
H. Campaign Contribution Disclosure (SB 1439)
Bidder has disclosed to the County through completion of Attachment C - Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] after January 1, 2023. Bidder acknowledges that under Government Code section 84308, subdivision (e)(2), Bidder may not make a contribution of more than $250 to any County elected officer while award of a contract pursuant to this Invitation to Bid is pending, and for 12 months after a final decision is rendered by the County. Campaign contributions include those made by any agent/person/entity on behalf of the Bidder or by a parent, subsidiary or otherwise related business entity of Bidder.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 6 of 33 Administrator Interceptor
CERTIFICATION
The information furnished in Paragraphs A through Hand in the accompanying Bid is certified to be factual and correct as of the date submitted and this certification is made under penalty of perjury under the laws of the State of California.
Name:
Title:
Company/Organization:
Address:_
Signature:_
Date:
Phone Number:
Email Address:
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 7 of 33 Administrator Interceptor
2. PUBLIC RECORDS ACT
All Bids and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7290, et seq). All Bid information, including cost information, will be held in confidence during the evaluation and until a Notice of Intent to Award notification has been issued. Thereafter, Bids are subject to becoming a non-exempt public record.
If a Bidder believes that any portion of its Bid is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure within their response. The Bidder also mus include a brief description that sets out the reasons for exemption from disclosure. Each stated exemptior must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.
The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Bids marked "Confidential" in their entirety will not be honored, and the County might not deny public disclosure of any portion of Bids so marked.
By submitting a Bid with portions identified as "Confidential," Bidder represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Bidder may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked "Confidential," Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys' fees, expenses and court costs of any nature arising from or relating to the County's non-disclosure of any such designated portions of a Bid.
TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER Bidder Company/Organization Name:
Authorized Representative Name:
Authorized Representative Title:
Signature: Date:
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 8 of 33 Administrator Interceptor
3. PRICING SCHEDULE
A. Specifications
San Bernardino County, by and through its included Sheriff/Coroner/Public Administrator (Sheriff) is procuring 2025 Ford Explorer Police Interceptor vehicles as specified below, in quantities ordered, at times needed, to be delivered to the Sheriff's Automotive Division located at 655 East Third Street, Sar Bernardino, CA 92415:
PRODUCT UOM Annual
Usage'
2025 Ford Explorer Police Interceptor EA 85
• Exterior Color - Oxford White
• 4DR AWD Police 119" Wheel Base
• Front Seat - Driver & Passenger Heavy-Duty Ebony Cloth Bucket Seats
• Rear Seat - Ebony Vinyl
• Equip GRP AM FM Stereo/MP3/Bluetooth Interface
• 3.3L V6 TI-VCT (Non-Hybrid)
• 18" Steel Wheels w/Police Tire 255/60R 18
• 10-Speed Auto Transmission
• Door Lock Hidden Plunger
• Aux Climate Control
• Cargo Dome Lamp Red/White
• Rear Door/Lock Inoperable
• Courtesy Lamp Disable
• Key code 1111X (Key Alike)
• Noise Suppress Bond Straps
• Deflector Plate
• Secure Idle (Police Eng. Idle)
• Reverse Sensing
• Front Lamp Housing (Standard)
• Rear View Mirror / with Camera
• Front License Plate BKT
• 2 - Driver and Passenger Ballistic Level III PLUS Panels • 2 - Drive and Passenger LED Spot Lamps
• Police Perimeter Alert
• Rear Camera on Demand
• Badge Delete
• Blind Spot Information System (BLIS)
• 50 State Emissions
• Flex Fuel Capability
Bidders shall quote per item with all equipment, accessories, and requirements as noted in the above specifications, and shall also include any additional fees, i.e California Tire Fee, on their Bid response; no DMV fees shall be quoted. Vehicles shall include all standard warranties and guarantees. Bidders ' Usage data is approximated historical data, can fluctuate, and is no guarantee for future usage.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 9 of 33 Administrator Interceptor
shall additionally provide information regarding any immediate availability of vehicles in stock, or in transit to their company.
Vehicles shall be delivered Monday through Friday, 7:00 a.m. to 3:30 p.m. Each vehicle must be delivered with ten (10) gallons of fuel at minimum.
B. Terms & Delivery
1. Terms shall be as listed in Section III - Standard Terms and Conditions. Additionally, San ernardino County payment terms are Net 60 days after invoice and receipt of Product. Delive hall be FOB County's place of delivery, with immediate delivery based upon vehicle availabili after issuance of County's Purchase Order. San Bernardino County is Self-Insured. Vendor shall comply with invoicing requirements as stipulated by San Bernardino County.
2. For questions regarding this specifications or delivery and invoicing, etc. please contact the ITB Contact identified below:
San Bernardino County
Sheriff/Coroner/Public Administrator
Attn: Dayna LaFond - Administrative Supervisor
655 East Third Street - Bureau of Administration, Contracts & Procurement San Bernardino, CA 92415
Email: [email protected]
PRICING SCHEDULE SAMPLE
Line Model Estimated Extended
Item Description Year Quantity Unit Price Price
1 Each $ $
2 Each $ $
$
4. PUBLIC AGENCY PARTICIPATION
It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in San Bernardino County shall have the option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall incur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor.
A. Winning Award Will be Required to Comply with the Following:
California Revenue and Taxation Code Section 18662
In compliance with California Revenue and Taxation code section 18662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 10 of 33 Administrator Interceptor
Use Tax directly to the State of California per permit no. SR FH 25-632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information must submit new forms to the County (forms are available from the Franchise Tax Board website listec below).
B. Franchise Tax Board Website:
http://www.ftb.ca.gov
Section Il: Instructions for Completing Invitation to Bid
1. PRICING YOUR BID
A. Bid on each item separately. Prices should be stated per units) specified herein.
B. Unless otherwise specified, all prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Any freight charges must be priced separately from product pricing.
C. Unless otherwise specified, prices Bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices.
D. All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by person(s) signing the Bid.
E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder.
F. Net 60 is the prevailing Net term. Net terms of less than 45 days will not be accepted. Net 45 days shall have no interest and no late payment fees.
2. SUBMITTING YOUR BID
A. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below:
Release of ITB September 27, 2023
Deadline for Proposals October 5, 2023; 4:00 PM PDT
B. In addition to electronic submission, Bids may be submitted in paper form. Each Bid submitted in hard copy must be in a separate sealed envelope WITH BID NUMBER ON THE OUTSIDE and must be Contrad Procurement Divisan (where it wil Sime stamped to indicate lie of receipt, 55 East third Street, San Bernardino, California 92415, by the time and date specified C. Print, complete, sign and submit Section I, chapters 1 and 2, as part of your Bid.
D. Print, complete and submit Section 1, chapter 3, as part of your Bid.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 11 of 33 Administrator Interceptor
E. Failure to Bid on authorized County form may be cause for rejection of Bid.
F. Any Bid received at the San Bernardino County Sheriff's Department, Contracts and Procurement Unit, after the exact time for receipt will not be considered and will be rejected as a late Bid.
G. Late Bids will be returned to the Bidder unopened unless it is determined that the late receipt was due solely to mishandling by Sheriff and such determination is made prior to award.
1. The County's primary means of providing Bids and addenda is through ePro (https://epro.sbcounty.gov/bso/).
All Bidders must be registered in ePro prior to the date for submission of Bids.
1. No oral interpretation shall be made to modify any provisions of any Bid specifications. Requests for an interpretation shall be made in writing to the ITB Contact listed in Section I.3.B prior to Bid opening and a written response will be posted on the County ePro website.
J. Any Bidder desiring to withdraw its Bid must do so before County Bid opening.
K. Bids submitted in response to this ITB must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the ITB specifically indicates alternate specifications will be considered.
L. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the Bidder's expense.
M. All Bids must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled.
3. EVALUATION AND AWARD
A. Bids are subject to acceptance at any time within 270 days after opening of same, unless otherwise stipulated by the County.
B. In determining the lowest Bid, discounts of 30 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later.
C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value.
D. The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.
E. The County reserves the right to reject any or all Bids and to accept or reject any items) thereon, or waive any irregularity in the Bid.
F. In the event of a conflict between a unit price Bid and Bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the County will seek clarification from the Bidder if time permits. If not, the County may reject the Bid as non-responsive for the reason of inability to determine the intended Bid.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 12 of 33 Administrator Interceptor
G. The County reserves the right to perform a pre-award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder's prospective ability to perform the contract shall be conclusive.
4. PROTEST PROCEDURES
A. In the event a dispute arises concerning the Bid process prior to the award of the Contract, the Bidder raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Bidder may appeal the recommended award or denial of award (Protest), provided the Protest:
1. Is submitted in writing.
2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award.
B. A Protest can only be brought on the following grounds:
1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments.
2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.
3. Violation of State or Federal law.
C. Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:
Pete Mendoza, Interim Purchasing Director
San Bernardino County
Purchasing Department
777 E. Rialto Avenue
San Bernardino, CA 92415-0760
D. Upon receipt of the formal Protest, the Purchasing Agent, or their designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the Bidder advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.
The Purchasing Agent shall make a decision concerning the Protest, and notify the Bidder submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract.
The Purchasing Agent shall notify the Bidder making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. If the Contract must be approved by the Board of Supervisors (Board), after receiving a decision from the Purchasing Agent, the Bidder may then present its Protest to the Clerk of the Board of Supervisors for the Board's review and decision. The Bidder must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.
By submitting a "Letter of Protest", the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Bid. Protests that do not follow these procedures shall not be considered. The Protest procedures constitute the sole administrative remedy available to the Bidder under this ITB. Upon exhaustion of this remedy no additional recourse is available.
LOCAL VENDOR PREFERENCE
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 13 of 33 Administrator Interceptor
The County has adopted a preference (County Policy 11-10) for vendors whose principal place of business is located within the boundaries of the County. The definition of a Local Vendor is contained within County Policy 11-10 (Attachment B). A local preference of five percent (5%) preference shall be applied in the cost evaluation of Bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor's proposed cost for the purpose of comparison when the local vendor's proposed cost is not the lowest. If the local vendor's Bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the allowable points for cost will be added to the local vendor's score. If the local vendor's overall score is equal to or lower than that of an otherwise successful non-local vendor, the local vendor will be recommended for award. Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.
The County's Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County's needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A - Local Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder's quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award.
Section III: Standard Terms and Conditions
The terms below apply to any subsequent contract awarded to a successful Bidder.
1. DEFINITIONS
A. "Bidder" shall mean any person, firm, partnership, or corporation submitting a Bid to County in response to this ITB.
B. "County" shall mean the San Bernardino County, California C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein.
2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST
In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the County all rights, title and interest in and to all causes of action it may have under Section become effective at the time the County tenders final payment to the Contractor.
3. CAL OSHA
As applicable, all items furnished under this Bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public" 2025 Ford Explorer Police Page 14 of 33 Administrator Interceptor
4. FORMAL BIDS
In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order.
5. DELIVERY
Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Contractor.
6. INSPECTION
All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery.
7. TERMINATION FOR DEFAULT
The County may, by written notice of default to the Contractor, terminate any resulting order in whole or in part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price.
A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for convenience as set forth below.
B. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
8. TERMINATION FOR CONVENIENCE
The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination:
A. The unit or pro rata price for the delivered and accepted portion.
B. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 15 of 33 Administrator Interceptor
C. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.
D. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
9. TITLE
Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery to the County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance.
10. VARIATIONS IN SPECIFICATIONS
The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.
11. AVAILABILITY OF FUNDING
The maximum amount of payment under this Contract shall be subject to availability of funds to the County.
12. INSPECTION OF MATERIALS/SUPPLIES
All performance (which includes materials, supplies and equipment furnished or utilized in the performance of the Contract) shall be subject to inspection and test by the County at all times during the term of the Contract and/or purchase order. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance.
13. DISPUTES
\. Except as otherwise provided in the Contract, any dispute concerning a question of tact regarding i provision of the Contract which is not disposed of by agreement shall be decided by the Director o Purchasing who shall furnish the decision to the Contractor in writing. The decision of the Director of Purchasing shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the Contract pending the Director of Purchasing's decision.
B. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in the Contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
C. In the event of any dispute, claim, question or disagreement arising from or relating to the Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 16 of 33 Administrator Interceptor
14. CHANGES
from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County's option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provisions in the
15. ASSIGNABILITY
The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto.
Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of any such assignment or transfer shall be furnished promptly to the County.
16. INDEMNITY
Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of the Contract from any cause whatsoever, indemnification obligation applies to the County's "active" as well as "passive" negligence.
17. CONDUCT OF CONTRACTOR
A. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County.
B. The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 17 of 33 Administrator Interceptor
shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with the Contract. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement.
D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the Contract.
The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded.
The Contractor shall immediately report any attempt by a County officer, employee or agent to solici (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
18. DISALLOWANCE
In the event the Contractor receives payment for services under the Contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County.
19. GOVERNING LAW AND VENUE
The Contract shall be construed and interpreted according to the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to the Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue.
20. AUDIT AND INSPECTION OF RECORDS
A. General. The County shall have the audit and inspection rights described in this section.
B. Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of the Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Director of Purchasing or his/her representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 18 of 33 Administrator Interceptor
contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted.
C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below:
1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement.
2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Contract completion, whichever is longer.
D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract.
21. PATENT AND COPYRIGHT LICENSE
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge the County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with the County prior to publication.
The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge.
22. CONTRACTOR REPRESENTATION
Unless the Contractor expressly states otherwise in its Bid, where functional requirements are expressly
23. WARRANTY
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24. PERMITS, NOTICES, FEES AND LAWS
The Contractor seal at on ya, expense, brain l naces arianis and anses give al necessary. work and to the preservation of the public health and safety.
25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH
Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes.
26. FINDINGS CONFIDENTIAL
Any reports, information, data, etc., given to or prepared or assembled by the Contractor under the Contract which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County.
27. NOTICE
Any notice or notices required or permitted to be given pursuant to the Contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth herein.
28. PRODUCT IDENTIFICATION AND LABELING
Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code.
29. DRUG & ALCOHOL FREE WORKPLACE
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of the Contract, Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment:
A. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
D. Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 20 of 33 Administrator Interceptor
the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
E. The County may terminate for default or breach of the Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above.
30. ORDERING
County shall issue a contract/purchase order containing all applicable requirements to Contractor.
Contractor shall complete delivery of items ordered to destinations set forth in the contract/purchase ordel Each contract/purchase order shipment shall be accompanied by a delivery confirmation or bill of lading itemizing all materials, goods, supplies or equipment shipped. Partial shipments are acceptable.
31. PAYMENTS AND INVOICES
The County is precluded from making payments prior to receipt of equipment or supplies (advance payments).
Original detailed invoices will be submitted monthly, or at the completion of each phase or task, or at Contract completion to the address specified below:
• Mail/Deliver invoices to: San Bernardino County Sheriff's Department Attn: Bureau of Administration - Automotive Division
655 East Third Street
San Bernardino, CA 92415
Email invoices to: [email protected]
A. Reserved
B. The invoice must identify the corresponding purchase order number(s).
C. The invoice must specify items and deliverables for all items on the purchase order as described on the "Pricing Schedule."
D. Payment shall be Net 60 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is later.
E. Payments shall not be provided for services deemed unacceptable by the County or its designee.
F. Bidder shall accept all payments from County via electronic fund transfer (EFT) directly deposited into the Bidder's designated checking or other bank account. Bidder shall promptly comply with directions and accurately complete forms provided by Department required to process EFT payments.
32. FLAMMABILITY AND TOXICITY
Materials furnished under the Contract must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Contractor shall provide evidence of the California Fire Marshal's test results and approval number.
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33. CONTRACT ADMINISTRATION
The Director of Purchasing is the designated Contracting Officer and is the only County official authorized to make any changes to the Contract or Purchase Order.
The County has designated the following individual as the Contracting Officer's Representative (COR):
Sheriff's Administrative Manager - Contracts/Procurement Unit, or their designee San Bernardino County Sheriff's Department - Bureau of Administration 655 East Third Street
San Bernardino, CA 92415
909-387-3602
[email protected]
When necessary, the COR will chair contractor progress meetings and will coordinate the County's contract administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor Services, and provide other technical guidance as required.
The COR is not authorized to change any terms and conditions of the Contract. Changes to the scope of work will be made only by the Purchasing Agent and/or the Contracting Officer in accordance with the change provisions above.
34. RIGHT TO ACQUIRE EQUIPMENT
Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment, goods, materials, or supplies from other sources, when deemed by the County to be in its best interest.
35. NON-DISCRIMINATION
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
36. SEVERABILITY
Should any part of the Contract be held to be invalid by a court of competent jurisdiction, the remainder of the Contract shall be considered as the whole agreement and be binding on the contracting parties.
37. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 22 of 33 Administrator Interceptor
38. RESERVED
39. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439)
Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor.
Contractor has disclosed to the County using Attachment C - Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer [Sheriff, Assessor-Recorder-Clerk, Auditor-Controller/Treasurer/Tax Collector and the District Attorney] within the earlier of: (1) the date of the submission of Contractor's proposal to the County, or (2) 12 months before the date the Contract was approved by the Board of Supervisors.
Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer for 12 months after the County's consideration of the Contract.
In the event of a proposed amendment to the Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors or County elected officer within the preceding 12 months of the date of the proposed amendment.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 23 of 33 Administrator Interceptor
ATTACHMENT A
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 24 of 33 Administrator Interceptor
LOCAL VENDOR PREFERENCE
SAN BERNARDINO SELF-CERTIFICATION
COUNTY Purchasing
Vendor Legal Name
Vendor Representative
Vendor Address
TO BE CERTIFIED AS A LOCAL VENDOR, eligible for City, State, Zip Local Vendor Preference (any vendor, contractor or Phone consultant, hereafter "vendor") I certify under penalty of perjury that Email
meets all of the following requirements: Federal Tax ID# • The main office (headquarters) or a major regional office is located within the boundaries of San Bernardino County; • Twenty-five percent (25%) of full-time management employees and twenty-five percent (25%) of full-time regular employees work from locations in the County;
• Employ at least one full-time or two part-time employees with primary residence in the County; • "Point of sale" for purposes of reporting sales tax to the State Board of Equalization (if applicable) is within the boundaries of the County and payment of any local share of sales tax goes to the County or a city within the County. (If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation);
• Not delinquent in any taxes or other payments to the County:
• Possess a valid and verifiable business license in (if required); • Have been open and established since
bate
• Have had on-going business activity in the field of since (which is at least six months prior to the issuance of the solicitation): Nature of Busiress Date • Have not, within five years prior to the date this form is signed, admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud and not federally debarred; and
• Not suspended or debarred from participation in the County, in the scope of work that is the subject of the solicitation.
FURTHER, acknowledge by initialing the following boxes that I understand:
If any time after being certified as a local vendor, a change in status occurs rendering a vendor no longer eligible for such status, the vendor must notify the Purchasing Agent prior to responding to a solicitation or accepting an award.
Self certification is good for a period of five years, then must be renewed.
False certifications shall be immediate grounds for rejection of any proposal or bid or if the proposal or bid is awarded, grounds for voiding the proposal or bid, terminating any agreement, and seeking damages thereto. Failure to certify the above information shall result in the proposal or bid being considered by the County without any adjustment for a local vendor.
Self-certification provided by the vendor requesting a local preference shall be submitted to the Purchasing Agent under penalty of perjury. No person or business shall make a false representation to a County official or employee for the purpose of influencing the certification or denial of certification of any local vendor.
Any vendor that falsely obtains certification shall be ineligible to transact business with the County for not less than one year and not more than three years, at the discretion of the Purchasing Agent. This penalty shall also apply to any centration, and as main the courteo is normation prior responding a learn are an are, I am an authorized representative of and can legally bind the company.
Date Name Position
Reviewed By:
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ATTACHMENT B
No. 11-10
COUNTY OF SAN BERNARDINO PAGE 1 OF 3
POLICY MANUAL EFFECTIVE DATE July 23, 2019
APPROVED
LOCAL PREFERENCE POLICY CURT HAGMAN
Chair, Board of Supervisors
POLICY STATEMENT
The purpose of this Policy is to apply a local preference of five percent (5%) in the evaluation of bids and roposals in order to offer a competitive advantage to local vendors. This Policy is expected i courage businesses to locate and remain in San Bernardino County, thereby promoting econom development and increasing sales tax revenue.
DEPARTMENTS AFFECTED
Board of Supervisors, All County Agencies, Departments, Board-governed Special Districts, Board- governed Entities
DEFINITIONS
Best Value Evaluation - An evaluation process used to select the optimal combination of quality, price and various qualitative elements of required goods, supplies, equipment and services. The award is made with the intent of providing the government the greatest or best value for its money. Cost is not necessarily the primary factor in the selection process because proposals are evaluated based on best overall value rather than price alone.
Local Preference - An amount, expressed in terms of a percentage, by which a quoted price for goods, services, equipment, or minor public works is adjusted for local vendors for the purpose of comparison.
Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter "vendor") that meets all of the following requirements:
• Vendor's main office (headquarters) or a major regional office is located within the County; • Vendor employs a minimum of 25% of the vendor's full-time management employees and 25% of its full-time regular employees working from the San Bernardino County location(s); • Vendor employs one full-time or two part-time employees with primary residence in the County; • Vendor's "point of sale" for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation; • Vendor is not delinquent in any taxes or other payments to the County; : Vendor possesses a valid and verifiable business license (if required); Vendor has been open and established for at least six months prior to the issuance of the • Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months; • Coul or sale of lial regular eric men agent or litor are lara are Vendor is not federally debarred; and
Vendor is not suspended or debarred from participation in doing business with the County, in the scope of work that is the subject of the solicitation.
cal Vendor Self-certification - Documentation provided to the County on company letterhead listing individual criteria for Local Vendor status, firming that it meets each one, and signed by a vend representative with the authority to obligate the company.
Minor Public Work - Public projects in an amount equal to or less than the amount set forth in Public Contract Code section 22032(a) ($60,000 as of January 1, 2019) that may be performed by County mployees by force account, by negotiated contracts, or by purchase order. Public project has the san leaning as that given in California Public Contract Code section 22002. If the application of the loc San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 26 of 33 Administrator Interceptor
No. 11-10
COUNTY OF SAN BERNARDINO PAGE 2 OF 3
POLICY MANUAL
EFFECTIVE DATE July 23,2019
preference to the solicitation for a minor public work will cause the minor public work to exceed the amount set forth in the Public Contract Code section 22032(a), then the local preference will not be applied to the solicitation. Minor Public Works do not include work performed by a contractor under a Job Price-Based Bid - A competitive invitation to bid that seeks price quotes from vendors of products o services when specific requirements are known, and when the objective is to obtain the best price Pursuant to this Policy, a local preference of five percent (5%) shall be applied in the cost evaluation of proposals and bids for goods, services, equipment, and minor public works, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor's proposed cost for the purpose of comparison when the local vendor's proposed cost is not the lowest. vendor's bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the awardable points for cost will be added to the local vendor's score. If the local vendor's overall score is equal to or lower than that of an otherwise successful non-local vendor, the local vendor will be recommended for award. Due to the evaluation of qualitative elements in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.
EXEMPTIONS
Whenever possible, the Purchasing Agent shall determine if an exemption applies at the time it approves a solicitation. If the County department or Board-governed Special District/Entity requesting the procurement seeks an exemption, staff may submit information in sufficient detail for the Purchasing Agent to make an informed determination based on criteria such as:
• Solicitations conducted jointly with other public agencies. • Acting in the capacity of a lead agency for a procurement cooperative. • Purchasing from a cooperative contract approved by the Purchasing Agent. • Limited services are available in geographically remote areas. • Qualifications-based evaluations.
• Federal or state laws require that a contract, agreement, or purchase order be awarded pursuant to a competitive bid to the lowest responsible bidder.
• Federal or state laws, grants, contracts or programs that do not allow for local preference • Procurement of professional services pursuant to County Policy 11-04SP3 and California Government Code sections 4525 et seg.
• Contracts, agreements or purchase orders responding to an emergency.
VENDOR SELF-CERTIFICATION
ny vendor requesting a local preference shall certify to the Purchasing Agent in writing and unde enalty of perjury that they meet all of the criteria listed above. If, at any time after being certified as must notty the Purchasing Agent for to responding to a solitation or accepting ana wards, the vendor County without any adjustment for a local vendor.
ENFORCEMENT
any local vendor.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 27 of 33 Administrator Interceptor
COUNTY OF SAN BERNARDINO No. 11-10
PAGE 3 OF 3
POLICY MANUAL EFFECTIVE DATE July 23, 2019
EAD ENTIT
urchasing Departmer
PROVAL HISTOF
opted June 6, 2006, Item 118: Amended July 23, 2019, Item
REVIEW DATE
July 2024
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 28 of 33 Administrator Interceptor
Attachment C
SAN BERNARDINO Campaign Contribution Disclosure
COUNTY
(SB 1439)
INVITATION TO BID INFORMATION
Invitation to Bid Title:
Invitation to Bid Number:
DEFINITIONS
Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County's decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County's decision on the matter; or (d) when the person/company's agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County's decision in a matter.
Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.
Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.
For purposes of (2), "shared management and control" can be found when the same person or substantially the Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.
Bidder must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 29 of 33 Administrator Interceptor
1. Name of Entity/Individual submitting a bid:
2. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision:
3. Name of agent:
Company Name Agents)
4. Name of Subcontractors) (including Principal and Agents)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special Company Name Subcontractors): Principal and/or Agents):
5. Is the entity listed in Question No. 1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes D
6. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-4?
No O If no, please skip Question No. 7.
Yes • If yes, please continue to complete this form.
7. Name of Board of Supervisor Member or other County elected officer:
Name of Contributor:
Date(s) of Contribution(s):
Amounts):
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Please add an additional sheets) to identify additional Board Members/County elected officers to whom anyone listed made campaign contributions.
By signing the Bid, Bidder certifies that the statements made herein are true and correct. The Bidder understands that the individuals and entities listed in Question Nos. 1-4 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officers while this matter is pending and for 12 months after a final decision by the County.
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ATTACHMENT D
Appendix Il to Part 200, Title 2
This content is from the CFR and is authoritative but unofficial.
Title 2 - Grants and Agreements
Subtitle A - Office of Management and Budget Guidance for Grants and Agreements Chapter II - Office of Management and Budget Guidance
Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Authority: 31 U.S.C. 503
Source: 78 FR 78608, Dec. 26, 2013, unless otherwise noted.
Source: 85 FR 49543, Aug. 13, 2020, unless otherwise noted.
Source: 85 FR 49539, Aug. 13, 2020, unless otherwise noted.
Appendix Il to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
All contracts in excess of S10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 FR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by 2 CFR Appendix-II-to-Part-200(D) (enhanced display) page 1 of 3 San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 32 of 33 Administrator Interceptor
Appendix Il to Part 200, Title 2 (up to date as of 6/17/2022) 2 CFR Appendix-II-to-Part -200(E) Contract Provisions for Non-Federal Entity Contracts Under Fe....
Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of ublic work, to give up any part of the compensation to which he or she is otherwise entitled. The nor *ederal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671g) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 FR part 1986 Comp., p. 189) and 12689(3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
2 CFR Appendix-II-to-Part-200(1) (enhanced display) page 2 of 3 San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 33 of 33 Administrator Interceptor
pirat Provisions 0 on deral Enter Contrade Under ... 2 CFR Appendix-1I-to-Part-200() (J) See § 200.323.
(K) See § 200.216.
(L) See § 200.322.
SAN BERNARDINO
COUNTY
Invitation to Bid
No. SHR124-ADMSR-5122
2025 Ford Explorer Police Interceptor
San Bernardino County
Sheriff/Coroner/Public Administrator
655 East Third Street
San Bernardino, CA 92415
September 27, 2023
08/2023 Formal ITB
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TABLE OF CONTENTS
SECTION I: INVITATION TO BID AND GENERAL INFORMATION
1. REPRESENTATIONS AND CERTIFICATIONS ...Page 4
2. PUBLIC RECORDS ACT ......... ....Page 7
3. PRICING SCHEDULE..... Page 8
4. PUBLIC AGENCY PARTICIPATION • Page 9
SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID
1. PRICING YOUR BID.... .. Page 10
2. SUBMITTING YOUR BID .. Page 10
3. EVALUATION AND AWARD . Page 11
4. PROTEST PROCEDURES ...... ..Page 12
5. LOCAL VENDOR PREFERENCE ..Page 12
SECTION III: STANDARD TERMS AND CONDITIONS
1. DEFINITIONS ..Page 13
2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST ..Page 13
3. CAL OSHA ..Page 13
4. FORMAL BIDS . Page 14
5. DELIVERY ..... ...Page 14
6. INSPECTION ..... Page 14
7. TERMINATION FOR DEFAULT .. Page 14
8. TERMINATION FOR CONVENIENCE ...Page 14
9. TITLE ... Page 15
10. VARIATIONS IN SPECIFICATIONS .. Page 15
11. AVAILABILITY OF FUNDING.... ...Page 15
12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES ...Page 15
13. DISPUTES.... ...Page 15
14. CHANGES .. Page 16
15. ASSIGNABILITY ..Page 16
16. INDEMNITY ...Page 16
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17. CONDUCT OF CONTRACTOR .. Page 16
18. DISALLOWANCE Page 17
19. GOVERNING LAW AND VENUE... . Page 17
20. AUDIT AND INSPECTION OF RECORDS • Page 17
21. PATENT AND COPYRIGHT LICENSE..... . Page 18
22. CONTRACTOR REPRESENTATION • Page 18
23. WARRANTY ...................................... Page 18
24. PERMITS, NOTICES, FEES AND LAWS ..Page 19
25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH .. Page 19
26. FINDINGS CONFIDENTIAL ...... .. Page 19
27. NOTICE …...................... ...Page 19
28. PRODUCT IDENTIFICATION AND LABELING ...Page 19
29. DRUG & ALCOHOL FREE WORKPLACE ..Page 19
30. ORDERING ..... • Page 20
31. PAYMENTS AND INVOICES .... ..Page 20
32. FLAMMABILITY AND TOXICITY ...Page 20
33. CONTRACT ADMINISTRATION ...Page 21
34. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES ...Page 21
35. NONDISCRIMATION... ..Page 21
36. SEVERABILITY ..... ...Page 21
37. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS... .. Page 21
38. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439).. ... Page 22
39. LOCAL VENDOR PREFERENCE SELF-CERTIFICATION.. ...Page 23
40. LOCAL VENDOR PREFERENCE POLICY 11-10. ....Page 24
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 4 of 33 Administrator Interceptor
Section I: Invitation to Bid (ITB) and General Information
1. REPRESENTATIONS AND CERTIFICATIONS
A. Business Representation
Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business:
1. Are you a local business with a physical address within San Bernardino County? _Yes _No
2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of the San Bernardino County):_%
3. Please complete Attachment A: Local Vendor Preference Self Certification If Bidder or any of its subcontractors, agents or consultants, have previously contracted with the County to perform related work on this project (e.g. preparing components of the statement of work or plans anc specifications for this project, Bidder shall identify those previous agreements) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously contracted with the County to perform work on or related to this project.
B. Debarment, Suspension and Related Matters
Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency (See the following United States General Services Administration's System for Award Management website https://www.sam.gov.) Bidder certifies that it is registered in the United States General Services Administration's Management, Bidder further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations Except as allowed for in Section C.4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers:
1. Are presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) or have within the past five (5) years been convicted of or had a civil judgment
2. Have within a three (3) year period preceding this agreement had one or more public transaction:
federal, state or local) terminated for cause or default
3. Are presently the target or subject of any investigation, accusation or charges by any federa tate or local law enforcement, licensing or certification bod San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 5 of 33 Administrator Interceptor
relevant information) that prevent it from making the requested certifications. The County reserves the right to disqualify Bidder based upon information disclosed.
Bidder has a continuing duty to disclose information until contract award/execution and shall report, in writing, to the County Department of Purchasing within five business days of knowing or having an reason to know any change in status as certified in the preceding paragraphs B. and C D. Current Cost or Pricing
specifical lies to led by st of ence if actual but sta of pi dig is a suricade are a curate, complete, and current as of the date signed below.
E. Independent Pricing
Bidder certifies that in relation to this procurement:
1. Unless otherwise required by law, the prices that have been quoted in this Bid have not been nowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior t opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly t any other Bidder or to any competitor; and
2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition.
F. Tax Information
The Bidder understands that prior to receiving a contract award from the County, the Bidder must submit a completed IRS W-9 form to provide a Federal Tax ID number, or if not available, to provide a Social Security Number (SSN).
G. Duty to Inquire
H. Campaign Contribution Disclosure (SB 1439)
• San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 6 of 33 Administrator Interceptor
CERTIFICATION
The information furnished in Paragraphs A through Hand in the accompanying Bid is certified to be factual and correct as of the date submitted and this certification is made under penalty of perjury under the laws of the State of California.
Name: Toss EFF
Title: FLEET DIRECTOR
Company Organization: FARnEW FORD
Address: 292 N. "G"ST., SAN BERNARONO, CA 92410
Signature. 4 111
Date: 10/01/23
Phone Number:_ 909.386.0281
Email Address: TEPF GARVIEW FoRD, Com
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2. PUBLIC RECORDS ACT
2222222
potions Belove o ba content and no slet is sure with tires one no blor so must must include a ciation to supporting legal aufhority netuding statutory authority or as law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.
The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Bids marked "Confidential" in their entirety will not be honored, and the County might not deny public disclosure of any portion of Bids so marked. event the County does not disclose the information marked "Confidential," Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys' fees, expenses and court costs of any nature arising from or relating to the County's non-disclosure of any such designated
TO BE COMPLETED BYAY AUTHORIZED REPRESENTATIVE OFTHEBIDDER Bidder Company/Organization Name: FAIRMEN FORD
Authorized Representative Name: ToRs EFF
Authorized Representative Title: FLEET DIRESTOR
Dals: 10/04/23
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3. PRICING SCHEDULE
A. San Beatrino County, by and through its included Sheriff Coroner/Public Administrator (Sherif) is procuring 2025 Ford Explorer Police Interceptor vehicles as specified below, in quantities ordered, at imes needed, to be delivered to the Sheriff's Automotive Division located at 655 East Third Street, Sar Bernardino, CA 92415:
PRODUCT Annual
UOM Usage'
2025 Ford Explorer Police Interceptor TEA 85
Exterior Color - Oxford White
OR AWD Police 119" Wheel Ba:
ont Seat - Driver & Passenger Heavy-Duty Ebony Clo
Rear Seat - Ebony Vinyl
Equip GRP AM FM Stereo/MP3/Bluetooth Interface
3.3L V6 TI-VCT (Non-Hybrid)
18" Steel Wheels w/Police Tire 255/60R 18
10-Speed Auto Transmission
Door Lock Hidden Plunger
Aux Climate Control
Cargo Dome Lamp Red/White
Rear Door/Lock Inoperable
Courtesy Lamp Disable
Key code 1111X (Key Alike)
Noise Suppress Bond Straps
Deflector Plate
Secure Idle (Police Eng. Idle)
Reverse Sensing
Front Lamp Housing (Standard)
Rear View Mirror / with Camera
Front License Plate BKT
2 - Driver and Passenger Ballistic Level III PLUS Panels 2 - Drive and Passenger LED Spot Lamps
Police Perimeter Alert
Rear Camera on Demand
Badge Delete
Blind Spot Information System (BLIS
50 State Emissions
/o Flex Fuel Capability
Bidders shall quote per item with all equipment, accessories, and requirements as noted in the above specifications, and shall also include any additional fees, ie California Tire Fee, on their Bid response no DMV fees shall be quoted. Vehicles shall include all standard warranties and guarantees. Bidders ' Usage data is approximated historical data, can fluctuate, and is no guarantee for future usage.
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shall additionally provide information regarding any immediate availability of vehicles in stock, or in transit to their company.
Vehicles shall be delivered Monday through Friday, 7:00 a.m. to 3:30 p.m. Each vehicle must be delivered with ten (10) gallons of fuel at minimum.
B. Terms & Delivery
1. Terms shall be as listed in Section III - Standard Terms and Conditions. Additionally, San
2. For questions regarding this specifications or delivery and invoicing, etc. please contact the ITB Contact identified below:
San Bernardino County
Sheriff/Coroner/Public Administrator
Attn: Dayna LaFond - Administrative Supervisor
655 East Third Street - Bureau of Administration, Contracts & Procurement San Bernardino, CA 92415
Email: [email protected]
PRICING SCHEDULE SAMPLE
Line Model Estimated Unit Extended
Item Description Year Quantity Price Price
FoRD POUCE
1 INTERCEPTOR UTTY 2025 085 $50,89800$4,326,33000
2 N/A N/A NA Each $ N/A $ NA
SALES TAX B TiRE FEE NOT INCLUDED 54,326, 33009
PUBLIC AGENCY PARTICIPATION
It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality anc other political sub-division or public corporation of California) located in San Bernardino County shall have he option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall incur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor.
A. Winning Award Will be Required to Comply with the Following:
California Revenue and Taxation Code Section 18662
In compliance with California Revenue and Taxation code section 18662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California •
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 10 of 33 Administrator Interceptor
Use Tax directly to the State of California per permit no. SR FH 25-632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, Best submit new forms to the County (forms are available from the Franchise Tax Board website listed B. Franchise Tax Board Website:
http://www.ftb.ca.gov
Section Il: Instructions for Completing Invitation to Bid
1. PRICING YOUR BID
A. Bid on each item separately. Prices should be stated per units) specified herein.
3. Unless otherwise specified, all prices shall be F.O.B. destination. Bids other than F.O.B. destination shal be considered non-responsive and will be rejected. Any freight charges must be priced separately from product pricing.
C. Unless otherwise specified, prices Bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may ! ossed out and corrected and must be initialed in ink by person(s) signing the B E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder.
F. Net 60 is the prevailing Net term. Net terms of less than 45 days will not be accepted. Net 45 days shall have no interest and no late payment fees.
2. SUBMITTING YOUR BID
A. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below:
[Release of ITB | September 27, 2023
Deadline for Proposals October 5, 2023; 4:00 PM PDT
C. Print, complete, sign and submit Section I, chapters 1 and 2, as part of your Bid.
D. Print, complete and submit Section 1, chapter 3, as part of your Bid.
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E. Failure to Bid on authorized County form may be cause for rejection of Bid. . Any Bid received at the San Bernardino County Sheriff's Department, Contracts and Procuremer Init, after the exact time for receipt will not be considered and will be rejected as a late Bic . Late Bids will be returned to the Bidder unopened unless it is determined that the late receipt was du olely to mishandling by Sheriff and such determination is made prior to awarc H. To ders musao registered in Pro prior to the date or submission or la county sorbson. • No oral interpretation shall be made to modify any provisions of any Bid specifications. Requests for al interpretation shall be made in writing to the iT Contact listed in Section I.3.B prior to Bid opening an a written response will be posted on the County ePro website.
J. Any Bidder desiring to withdraw its Bid must do so before County Bid opening.
K. Bids submitted in response to this ITB must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the ITB specifically indicates alternate specifications will be considered.
. Samples of items, when required, must be furnished free of expense to the County, and if not destroye y tests will, upon request, be returned at the Bidder's expense M. All Bids must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled.
3. EVALUATION AND AWARD
A. Bids are subject to acceptance at any time within 270 days after opening of same, unless otherwise stipulated by the County.
B. In determining the lowest Bid, discounts of 30 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later.
C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value.
The County reserves the right to waive a variation in specification if, in the opinion of the County, su ariation does not materially change the item or its performance within parameters acceptable to t County.
E. The County reserves the right to reject any or all Bids and to accept or reject any items) thereon, or waive any irregularity in the Bid.
. In the event of a conflict between a unit price Bid and Bidder's extended price, the unit price will prevai unless price is so obviously unreasonable as to indicate an error. In that event, the County will seek clarification from the Bidder if time permits. If not, the County may reiect the Bid as non- responsive for the reason of inability to determine the intended Bid.
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G. The County reserves the right to perform a pre-award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder's prospective ability to perform the
2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award.
B. A Protest can only be brought on the following grounds:
1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments.
2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.
C. Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:
San Bernardino County
Purchasing Department
777 E. Rialto Avenue
San Bernardino, CA 92415-0760
• Protest ApPo the Shall Prost, we Purch, ing Agent mr their deePer Will tempto aler le Purchasing Agent it has bee submitted: (1) as a delay tactic; (2) for the purpose of posturing the Bidder advantageously for futur rocurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis o merit; or (5) in an untimely manner.
The Purchasing Agent shall make a decision concerning the Protest, and notify the Bidder submitting th Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contrac timeframe prior to the tentatively scheduled date for awarding the Contract. time rame prior to the tental vely he died date for aware the Contado. on, he Contact must be approved by the Board of Supervisors (Board), after receiving a decision from the Purchasing Agent, the the Board shall be deemed final.
y submitting a "Letter of Protest", the Bidder has agreed that the protest procedures herein shall preced ny action in a judicial or quasi-judicial tribunal regarding this Bid. Protests that do not follow thes procedures shall not be considered. The Protest procedures constitute the sole administrative remedy available to the Bidder under this ITB. Upon exhaustion of this remedy no additional recourse is available.
5. LOCAL VENDOR PREFERENCE
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 13 of 33 Administrator Interceptor
in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.
The County's Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County's needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A - Loca Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost fo services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder's quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award.
Section III: Standard Terms and Conditions
The terms below apply to any subsequent contract awarded to a successful Bidder.
1. DEFINITIONS
A. "Bidder" shall mean any person, firm, partnership, or corporation submitting a Bid to County in response to this ITB.
B. "County" shall mean the San Bernardino County, California C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein.
2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST
submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted Il assign to the County all rights, title and interest in and to all causes of action it may have under Secti
3. CAL OSHA
is applicable, all items furnished under this Bid shall meet or exceed the standards established by tr alifornia Occupational Safety and Health Act of 1973 and current amendments thereto, provided the er use of the item is for the purpose for which the item is intended. :
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4. FORMAL BIDS
In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order.
5. DELIVERY
Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not vaive the right to claim damage for such breach nor constitute a waiver of the requirements for the timel erformance of any obligation remaining to be performed by the Contractor
6. INSPECTION
All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery.
TERMINATION FOR DEFAULT
The County may, by written notice of default to the Contractor, terminate any resulting order in whole or In part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for B. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
8. TERMINATION FOR CONVENIENCE
The Count may, by or in parat a tige. The Couny sail pay the Contractor a tyl compensation for performance until such termination:
A. The unit or pro rata price for the delivered and accepted portion. . A reasonable amount, as costs of termination, not otherwise recoverable from other sources by th ontractor as approved by the County, with respect to the undelivered or unaccepted portion of th order, provided compensation hereunder shall in no event exceed the total price. •
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C. terminated shall the County be liable for any loss of profts on the resulting order or portion thereof so . The rights and remedies of County provided in this section shall not be exclusive and are in addition ny other rights and remedies provided by law or under resulting orde
9. TITLE
Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery t he County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance.
10. VARIATIONS IN SPECIFICATIONS
The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.
11. AVAILABILITY OF FUNDING
The maximum amount of payment under this Contract shall be subject to availability of funds to the County.
12. INSPECTION OF MATERIALS/SUPPLIES
13. DISPUTES
been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the Contract pending the Director of Purchasing's decision.
:
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14. CHANGES
The Director of Purchasing may at any time, by written order, make changes within the general scope of the accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County's option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provisions in the Contract.
15. ASSIGNABILITY
The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto.
Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of any such
16. INDEMNITY
Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all
17. CONDUCT OF CONTRACTOR
A. The Contactor eles to be compatil wit aly he rest of rs Corest, if any, which are or which . The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whos osition in the County enables him/her to influence any award of the Contract or any competing offe San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 17 of 33 Administrator Interceptor
shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor. requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement.
D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the Contract.
The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded.
The Contractor shall immediately report any attempt by a County officer, employee or agent to solicit any available legal remedies.
18. DISALLOWANCE
In the event the Contractor receives payment for services under the Contract which is later disallowed by he County, the Contractor shall promptly refund the disallowed amount to the County on request, or at it orate yet the mount dilled from any payment due to the Contractor under an
19. GOVERNING LAW AND VENUE
20. AUDIT AND INSPECTION OF RECORDS
A. General. The County shall have the audit and inspection rights described in this section.
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contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted.
C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below:
1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement.
2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Contract completion, whichever is longer.
D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract.
21. PATENT AND COPYRIGHT LICENSE
The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge.
22. CONTRACTOR REPRESENTATION
23. WARRANTY
Contractor agrees that the equipment or supplies to be furnished shall be covered by the most favorable :
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24. PERMITS, NOTICES, FEES AND LAWS
25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH
Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances anc statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes.
26. FINDINGS CONFIDENTIAL
27. NOTICE
28. PRODUCT IDENTIFICATION AND LABELING
Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code.
29. DRUG & ALCOHOL FREE WORKPLACE
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of the Contract, Contractor agrees that the Contractor and the Contractor's employees, whil erforming service for the County, on County property, or while using County equipment A. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C. Share Conta of or prador emploren the l pantle pulance to not person a responsibilities, prescribes or administers medically prescribed drugs.
D. Gong County as upment, or the countys argetie of a ate, heft and produr we wor place and :
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the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
E. The County may terminate for default or breach of the Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above.
30. ORDERING
County shall issue a contract/purchase order containing all applicable requirements to Contractor.
Contractor shall complete delivery of items ordered to destinations set forth in the contract/purchase order.
Each contract/purchase order shipment shall be accompanied by a delivery confirmation or bill of lading itemizing all materials, goods, supplies or equipment shipped. Partial shipments are acceptable.
31. PAYMENTS AND INVOICES
paymenusty Is precluded from making payments prior to receipt of equipment or supples (advance Original detailed invoices will be submitted monthly, or at the completion of each phase or task, or at Contract completion to the address specified below:
• Mail/Deliver invoices to: San Bernardino County Sheriff's Department Attn: Bureau of Administration - Automotive Division
655 East Third Street
San Bernardino, CA 92415
• Email invoices to: [email protected]
A. Reserved
B. The invoice must identify the corresponding purchase order numbers).
C. Theing Schedut specily items and deliverables for all items on the purchase order as described on the . Payment shall be Net 60 Days from receipt and approval of invoice unless otherwise stated. Discount vill be calculated from receipt of merchandise or invoice, whichever is later E. Payments shall not be provided for services deemed unacceptable by the County or its designee.
32. FLAMMABILITY AND TOXICITY
Materials furnished under the Contract must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Contractor shall provide evidence of the California Fire Marshal's test results and approval number. :
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33. CONTRACT ADMINISTRATION
The Director of Purchasing is the designated Contracting Officer and is the only County official authorized to make any changes to the Contract or Purchase Order.
The County has designated the following individual as the Contracting Officer's Representative (COR):
Sheriff's Administrative Manager - Contracts/Procurement Unit, or their designee San Bernardino County Sheriffs Department - Bureau of Administration 655 East Third Street
San Bernardino, CA 92415
909-387-3602
[email protected]
When necessary, the COR will chair contractor progress meetings and will coordinate the County's contract administrative functions. The COR is designated to receive and approve Contractor invoices for payment,
34. RIGHT TO ACQUIRE EQUIPMENT
Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment, goods, materials, or supplies from other sources, when deemed by the County to be in its best interest.
35. 36. SEVERABILITY
hould any part of the Contract be held to be invalid by a court of competent jurisdiction, the remainder e Contract shall be considered as the whole agreement and be binding on the contracting partie
37. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanction nposed by the U.S. government in response to Russia's actions in Ukrain (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law :
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rejection of the Proposer's Bid/proposal any time prior to contract execution, or, if determined after
38. RESERVED
39. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439)
Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor. 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of In the event of a proposed amendment to the Contract, the Contractor will provide the County a written :
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ATTACHMENT A
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 24 of 33 Administrator Interceptor
LOCAL VENDOR PREFERENCE
AN BERNARDING SELF-CERTIFICATION
COUNTY Purchasing
Vendor Legal Name FAIRVIEW FORD.
Vendor Representative 1000 EFf
Vendor Address 292A G"ST
TO BE CERTIFIED AS A LOCAL VENDOR, eligible for
Local Vendor Preference (any vendor, contractor or Phone: 909-386.0281 Emall TE PEGAIRVENTORD, COME
meets all of the following requirements: Federal TaxID 2952755967 • The main office (headquarters) or a major regional office is located within the boundaries of San Bemardino County; • Twenty-five percent (25%) of full-time management employees and twenty-five percent (25%) of full-time regular employees work from locations in the County:
• Employ at least one full-time or two part-time employees with primary residence in the County; • "Point of sale" for purposes of reporting sales tax to the State Board of Equalization (If applicable) is within the boundaries of the County and payment of any local share of sales tax goes to the County or a city within the County. (If the local business has more than one sales office in the State of Califomia, the office located in the County shall be the point of sale for sales tax calculation);
• Not delinquent in any taxes or other payments to the County; • Possess a valld and verifiable business license in 2 SAN BERNARDINO, CA. required; • Have been open and established since 0122/22
Have aid eat it north port the sancer the on tence 01/39/02 (which is at least six months prior to the issuance of the solicitation:
• Have not, within five years prior to the date this form is signed, admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud and not federally debarred, and
• Not suspended or debarred from participation in the County, in the scope of work that is the subject of the solicitation.
FURTHER, acknowledge by initialing the following boxes that I understand:
TE if any time after being certified as a local vendor, a change in status occurs rendering a vendor no longer eligible for such status, the vendor must notify the Purchasing Agent prior to responding to a solicitation or accepting an award.
Seif certification is good for a period of five years, then must be reriewed.
T. False certifications shall be immediate grounds for rejection of any proposal or bid or If the proposal or bid is awarded, grounds for voiding the proposal or bid, terminating any agreement, and seeking damages thereto. Failure to certify the above information shall result in the oroposal or bid being considered by the County without any adjustment for a local vendor.
TE Self-certification provided by the vendor requesting a focal preference stil be submitted to the Purchasing Agent under perialty of perjury. No person or business shall make a false representation to a County official or employee for the purpose of infuencing the certification or denial of certification of any local vendor. •TE Any vendor that falsely obtains certification shall be ineligible to transact business with the County for not less than one year and not more than three years, at the discretion of the Purchasing Agent. This penalty shall also apply to any vendor that previousty obtained proper certification and, because of a change in its status would no longer be eligible for certification, and falls to notify the County of this information prior to responding to a solicitation or accepting an award.
I am an guthortzed representative or EAR En FoRD and can legally bind the company 10p4/23 = 7000 EFF:303 RECT DRECTOR 20
Postten
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ATTACHMENT B
No. 11-10
OUNTY OF SAN BERNARDIN PAGE 1 OF 3
OLICY MANUA
EFFECTIVE DATE July 23; 2019
APPROVED
LOCAL PREFERENCE POLICY CURT HAGMAN
Chair, Board of Supervisor
POLICY STATEMENT
The purpose of this Policy is to apply a local preference of five percent (5%) in the evaluation of bids an proposals in order to offer a competitive advantage to local vendors. This Policy is expected to encourage businesses to locate and remain in San Bemardino County, thereby promoting economic development and increasing sales tax revenue.
DEPARTMENTS AFFECTED
Board of Supervisors, All County Agencles, Departments, Board-govemed Special Districts, Board- governed Entities
DEFINITIONS
Best Value Evaluation - An evaluation process used to select the optimal combination of quality, price nd various qualitative elements of required goods, supplies, equipment and services. The award is made with the intent of providing the goverment the greatest or best value for its money. Cost is not necessartly the primary factor in the selection process because proposals are evaluated based on best overall value rather than price alone.
ocal Preference - An amount, expressed in terms of a percentage, by which a quated price for good:
ervices, equipment, or minor public works is adjusted for local vendors for the purpose of comparisor Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter verdor) that meets all of the following requirements:
• Vendor's main office (headquarters) or a major regional office is located within the County, • Vendor employs a minimum of 25% of the vendor's full-time management emplovees and 25% of its full-time regular employees working from the San Bemardino County location(s); Vendor employs one full-time or two part-time employees with primary residence in the County, Vendor's "point of sale" for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of Califomia, the office located in the County shall be the point of sale for sales tax calculation; Vendor is not delinquent in any taxes or other payments to the County; Vendor possesses a valid and verifiable business license (if required):
• Vendor has been open and established for at least six months prior to the issuance of the soicitation;
• Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months; regulation regarding fraud;
Vendor is not federally debarred; and
/endor is not suspended or debarred from participation in doing business with the County, in th cope of work that is the subject of the solicitatics
ocal Vendor Setf-certification - Documentation provided to the County on company letterhead listing th dividual criteria for Local Vendor status, affirming that it meets each one, and signed by a vendo representative with the authority to obligate the company.
Contad Coe scion 2024 (8000 35 or Januay 1, 209) bat may be petermed by count employees by force account, by negotiated contracts, or by purchase order. Public project has the same meaning as that given in Califomia Public Contract Code section 22002.. If the application of the local :
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COUNTY OF SAN BERNARDINO No. 11-10
PAGE 2 OF 3
POLICY MANUAL EFFECTIVE DATE July 23, 2019
preference to the solicitation for a minor public work will cause the minor public work to exceed the amount set forth in the Public Contract Code section 22032(a), then the local preference will not be applied to the solicitation. Minor Public Works do not include work performed by a contractor under a Jol Order Contract
rice Based Bid - A competitive invitation to bid that seeks price quotes from vendors of products ervices when specific requirements are known, and when the objective is to obtain the best pric
POLICY AMPLIFICATION
Pursuant to this Policy, a local preference of five percent (5%) shall be applied in the cost evaluation o proposals and bids for goods, services, equipment, and minor public works, unless an exemptior eference is applied, the local vendor will be given the opportunity to match the lowest quoted price. best value evaluation. five percent (5%) of the awardable points for cost will be added to the loc vendors score.
result in award to a local vendor with the lowest cost after applying local preference.
EXEMPTIONS
Whenever possible, the Purchasing Agent shall determine if an exemption applies at the time it approves a solicitation. If the County department or Board-governed Special District/Entity requesting the procurement seeks an exemption, staff may submit information in sufficient detail for the Purchasing Agent to make an informed determination based on criteria such as:
• Solicitations conducted Jointly with other public agencies. • Acting in the capacity of a tead agency for a procurement cooperative. • Purchasing from a cooperative contract approved by the Purchasing Agent. • Limited services are available in geographically remote areas. • Qualifications-based evaluations.
• Federal or state laws require that a contract, agreement, or purchase order be awarded pursuant to a competitive bid to the lowest responsible bidder.
Procurement of protestina services pursuant to County Policy 19-045Ps and Cateria Governmer Code sections 4525 et seo.
• Contracts, agreements or purchase orders responding to an emergency.
VENDOR SELF CERTIFICATION
reto. Failure to certify the above information shall result in the proposal or bid being evaluated by unty without any adjustment for a local vendo
any local vendor.
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No. 11-10
COUNTY OF SAN BERNARDINO PAGE 3 OF 3
POLICY MANUAL EFFECTIVE DATE July 23, 2019
Les nan one year and ot more than the ear, at the do rein or the furi i get i EAD ENTİTY
Purchasing Departmen
REVIEW DATE
July 2024
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Attachment C
SAN BERNARDINO Campaign Contribution Disclosure
COUNTY
(SB 1439)
INVITATION TO BID INFORMATION
Invitation to Bid Title: 2025 FORD EXPLORER POLICE INTERCEDTOR Invitation to Bid Number: SHRI24- ADMSR -5122
DEFINITIONS
Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County's decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County's decision on the matter; or (d) when the person/company's agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County's decision in a matter.
Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.
Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.
For purposes of (2), "shared management and control" can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.
Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.
Bidder must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.
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1. Name of Entity/Individual submitting a bid: FAIRVIEW FORD
2. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision:
3. Name of agent:
Company Name Agents)
FAIRVIEN FORD NICK DEPASQUACE - PRESIDENT
4. Name of Subcontractors) (including Principal and Agents)) that will be providing services/work under the roposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed specia Company Name Subcontractor(s): Principal and/or Agents):
N/A
5. the entity listed in Question No 1 a ronprofit organization under Internal Revenue Code section 501(cX3)?
6. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-4?
No If no, please skip Question No. 7.
Yes D If yes, please continue to complete this form.
7. Name of Board of Supervisor Member or other County elected officer:
Name of Contributor:
Date(s) of Contribution(s):
Amounts):
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Please add an additional sheets) to identify additional Board Members/County elected officers to whom anyone listed made campaign contributions.
Shat ine thovals and entes ste in Question Nos. 4 are prohibited from aring main ordering o nore than $250 to any member of the Board of Supervisors or other County elected officers while this matter i ending and for 12 months after a final decision by the Count San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 31 of 33 Administrator Interceptor
ATTACHMENT D
AppendixII to Part 200, Title 2
This content is from the eF and is authoritativa but unoffolal Title 2 - Grants and Agreements
Subtitle A - Office of Management and Budget Guidance for Grants and Agreements Chapter II - Office of Management and Budget Guidance
Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Authority: 31 U.S.C. 503
Source: 78 FR 78608. Dea. 26, 2013, unless otherwise noted.
Source: 85 FR 49543, Aug. 13, 2020, unless otherwise noted.
Source: 85 FR 49539, Aug. 13, 2020, unless otherwise noted.
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non "ederal entity including the manner by which it will be effected and the basis for settlement (© Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity* (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp, p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (P) _ Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction): In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each "solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations. to the Federal awarding agency. The contracts must also include a provision for compllance with the Copeland "Arit- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, *Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by 2 CFR Appendix-Il-to-Part-200[D) (enhanced display) page1of3 San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 32 of 33 Administrator Interceptor
2 CFR Appendix-II-to-Part-200(E)
Loans of Grants from the Untted States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. @ Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must inctude a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must e required to compute the wages of every mechanic and laborer on the basis of a standard work week o excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the defintion of "Tunding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants 'ontracts and Cooperative Agreements* and any implementing regulations issued by the awardin agency.
(G) Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387) as amended -Contracts and subgrants of amounts in excess of $150,000 must contain a provision tha requires the non-Federal award to agree to comply with all applicable standards, orders or regulation:
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671g) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA):
(HE Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
03. Byrd Ant-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid tor an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award
2F Appandt-I-co-Part-200(/(anhancod display) page 20f3
San Bernardino County Invitation to Bid No. SHR124-ADMSR-5122 Sheriff/Coroner/Public 2025 Ford Explorer Police Page 33 of 33 Administrator Interceptor
2 CFR Appendix-II-to-Part-200()
() See § 200.323.
(K) See § 200.216.
(4) See § 200.322