- Due Text
- Thursday, July 30, 2026 3:00pm
- Posted At
- Tue, Jun 30, 2026 8:41 AM
- Documents
- Purchase_and_Upfitting_of_Ford_Transit_Cargo_Van.pdf, A - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2, B - FAITHFUL_PERFORMANCE_BOND_FORM, C - Emergency FEMA TC, D - Disclosure of Lobbying Activities, E - Federal_Required_Certification (4), H - Unique Entity ID (SAM)
- Numeric Id
- 272335
- Description
- The City of Pasadena invites proposals from qualified vendors who can furnish the City with a Police Crisis Negotiation Team (CNT) Van and/or upfitting as described in the specifications of this document. The CNT Van will serve as an on-site mobile field asset for the Pasadena Police Department to provide support to specially trained Staff responding to and managing critical incidents.
This project may be split into distinct awards for vehicle production and upfitting. Final award will be based on lowest price bid(s).
To be eligible for consideration, proposals must be presented in accordance with the instructions defined and within the time frame specified. It shall be the responsibility of the selected vendor(s) to meet all conditions and specifications set forth in this solicitation.
Background
The City of Pasadena is a diverse community encompassing approximately 22.5 square miles with a residential population of about 150,000 residents. The population during the day in increases to over 200,000 people working in and visiting Pasadena. Two major freeways and a regional public transportation light rail line cross through the city limits. Pasadena is home to the iconic Rose Bowl Stadium, NASA’s Jet Propulsion Laboratory, Caltech, and is host for multiple significant large-scale events including the Annual New Year’s Tournament of Roses Parade and Collegiate Rose Bowl Games. The City will also be hosting competitive sporting events during the 2028 LA Olympics.
The new CNT Van will serve the Police Department in several capacities, including assisting in critical incidents such as hostage negotiations, search warrant operations, lockdown and sheltering incidents, and task force operations. Currently, the CNT team operates out of a medium-size SUV which is insufficient for CNT operations and related training. This vehicle is unable to contain and secure all of the specialized CNT equipment, which includes (5) cable spools, several Pelican cases containing throw phones, electronics and command consoles, (8) folding chairs, (2) folding tables, (2) Easy-Up canopies, a portable generator, office supplies and more. A new van will provide adequate storage and workspace allowing multiple CNT personnel to more efficiently train, respond to and manage critical incidents involving potentially life-saving situations.
Timeline
Release Project Date:
June 30, 2026
- Document Text
- 1. Notice Inviting Bids
For
Purchase and Upfitting of Ford Transit Cargo Van
Notice is hereby given that the City of Pasadena is calling for sealed bids for the Police Department and will receive sealed bids prior to 3:00 pm, Thursday, July 30, 2026 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "Purchase and Upfitting of Ford Transit Cargo Van" Project ID: 2026-IFB-MS-0352.
1.1. Summary
The City of Pasadena invites proposals from qualified vendors who can furnish the City with a Police Crisis Negotiation Team (CNT) Van and/or upfitting as described in the specifications of this document. The CNT Van will serve as an on-site mobile field asset for the Pasadena Police Department to provide support to specially trained Staff responding to and managing critical incidents.
This project may be split into distinct awards for vehicle production and upfitting. Final award will be based on lowest price bid(s).
To be eligible for consideration, proposals must be presented in accordance with the instructions defined and within the time frame specified. It shall be the responsibility of the selected vendor(s) to meet all conditions and specifications set forth in this solicitation.
1.2. Delivery Instructions
Bids will be received via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena). A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the Bidder's Submittals/Checklist. Bids will be received prior to the time and date in this Notice Inviting Bids and will be opened online at that time.
Copies of the Specifications and all required forms may be obtained for this solicitation online: https://procurement.opengov.com/portal/pasadena/projects/272335
Addenda shall be acknowledged via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena/projects/272335). Refer to the Specifications for complete details and bidding requirements. The Specification and this Notice shall be considered a part of any contract made pursuant thereunder.
1.3. Pre-bid Conference
See the Timeline in the section named "Instructions to Bidders." If there is a Mandatory pre-bid meeting, bidders are required to attend at the time, date, and location included in the Timeline Instructions to Bidders of this solicitation. If there is a Non-Mandatory pre-bid meeting, bidders not required to attend.
Each prospective bidder will have the opportunity to clarify and ask questions regarding these Specifications. The Pre-bid Meeting will be held at the time, date, and location in the Timeline of this solicitation.
1.4. Funding Source
This procurement is funded by: Department of Homeland Security, Federal Emergency Management Agency. Vendors must submit all required document with their proposal.
1.5. Deadline for Questions
The deadline to submit questions related to this solicitation is Tuesday, July 14, 2026, prior to 3:00 pm.
Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena) Q&A function. Do not contact any other City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.
1.6. Release Date
Release Dated: Tuesday, June 30, 2026
Matthew E. Hawkesworth
Interim City Manager
Post Information
Posted At:
Tue, Jun 30, 2026 8:41 AM
Sealed Bid Process:
Yes (Bids Sealed / Pricing Sealed)
Private Bid:
No
2. Instructions to Bidders
2.1. Summary
Notice is hereby given that the City of Pasadena is calling for sealed bids for the Police Department and will receive sealed bids prior to but not later than 3:00 pm, Thursday, July 30, 2026 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "Purchase and Upfitting of Ford Transit Cargo Van" Project ID: 2026-IFB-MS-0352.
Submittal Instructions
Bids will be received via the City's eProcurement Portal. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the #Bidder's Submittals/Checklist. Addenda shall be acknowledged via the City's eProcurement Portal. Bids will be received prior to 3:00 pm on Thursday, July 30, 2026 and will be opened online at that time.
Copies of the Specifications and all required forms may be obtained for this solicitation online: https://procurement.opengov.com/portal/pasadena/projects/272335
Refer to the Specifications for complete details and bidding requirements. The Specification and this Notice shall be considered a part of any contract made pursuant thereunder.
All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing. All required attachments must be completed and uploaded electronically into City's eProcurement Portal prior to the set bid date and time in this Notice Inviting Bids.
The City of Pasadena invites proposals from qualified vendors who can furnish the City with a Police Crisis Negotiation Team (CNT) Van and/or upfitting as described in the specifications of this document. The CNT Van will serve as an on-site mobile field asset for the Pasadena Police Department to provide support to specially trained Staff responding to and managing critical incidents.
This project may be split into distinct awards for vehicle production and upfitting. Final award will be based on lowest price bid(s).
To be eligible for consideration, proposals must be presented in accordance with the instructions defined and within the time frame specified. It shall be the responsibility of the selected vendor(s) to meet all conditions and specifications set forth in this solicitation.
2.2. Background
The City of Pasadena is a diverse community encompassing approximately 22.5 square miles with a residential population of about 150,000 residents. The population during the day in increases to over 200,000 people working in and visiting Pasadena. Two major freeways and a regional public transportation light rail line cross through the city limits. Pasadena is home to the iconic Rose Bowl Stadium, NASA’s Jet Propulsion Laboratory, Caltech, and is host for multiple significant large-scale events including the Annual New Year’s Tournament of Roses Parade and Collegiate Rose Bowl Games. The City will also be hosting competitive sporting events during the 2028 LA Olympics.
The new CNT Van will serve the Police Department in several capacities, including assisting in critical incidents such as hostage negotiations, search warrant operations, lockdown and sheltering incidents, and task force operations. Currently, the CNT team operates out of a medium-size SUV which is insufficient for CNT operations and related training. This vehicle is unable to contain and secure all of the specialized CNT equipment, which includes (5) cable spools, several Pelican cases containing throw phones, electronics and command consoles, (8) folding chairs, (2) folding tables, (2) Easy-Up canopies, a portable generator, office supplies and more. A new van will provide adequate storage and workspace allowing multiple CNT personnel to more efficiently train, respond to and manage critical incidents involving potentially life-saving situations.
2.3. Contact Information
Deadline for Questions
The deadline to submit questions related to this solicitation is Tuesday, July 14, 2026, prior to 3:00 pm.
Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.
Vendor Registration Instructions & Customer Service information:
Click here to register on the City's eProcurement Portal.
If you are already registered and need help logging in or retrieving your user information use the blue chat bubble on the lower right hand corner of the screen.
Additional instructions are included in this solicitation (See section named "Instructions for Registering onto the City's eProcurement Portal.
Customer Service
For assistance with e-bidding or uploading documents: Contact Open Gov via the blue chat bubble
Monday through Friday 5am - 5pm PST, except statutory holidays
Ronald Derderian
CSW
Email: rderderian@cityofpasadena.net
Phone: (626) 744-7656
Department:
Police Department
2.4. Timeline
Vendors are strongly advised to complete and submit all required items sufficiently early before the date listed in this solicitation. Bids must be completed and submitted according to the instructions in this solicitation prior to 3:00 pm onThursday, July 30, 2026.
Release Project Date:
June 30, 2026
Question Submission Deadline:
July 14, 2026, 3:00pm
Bid Submission Deadline:
July 30, 2026, 3:00pm
3. General Instructions
3.1. Pre Submittal Meeting
See the "Timeline" in the Introduction section (#Instructions to Bidders). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.
Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.
3.2. Vendor Must Make Thorough Investigation
It is the bidders/proposers responsibility to examine the location of the proposed work, to fully acquaint themselves with the Specifications or Scope and the nature of the work to be done. The vendor shall have no claim against the City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the specifications or contract provisions.
3.3. Acceptance of Conditions
By submitting a response, each vendor expressly agrees to and accepts the following conditions:
All parts of the Instructions to bidders/proposers and the Specifications or Scope will become part of the Contract between the selected vendor and the City;
The City may require whatever evidence is deemed necessary relative to the bidders/proposers financial stability and ability to complete this project;
The City reserves the right to request further information from the bidders/proposers, either in writing or orally, to establish any stated qualifications;
The City reserves the right to solely judge the bidder's/proposer's representations, and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein. The bidder/proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder/proposer is qualified to perform the project, shall be final, binding and conclusive;
The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;
This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder/proposer in the preparation and submission of a bid.
3.4. Bid Shall Remain Open
Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and eighty (180) calendar days from the date of opening bids, or until rejected by the City, whichever occurs first.
3.5. Truth and Accuracy of Representation
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bidder/proposer.
3.6. City Changes to the Solicitation Documents
The City reserves the right to change any part of these Instructions to Vendors and Specifications any time prior to the submittal deadline. Any changes shall be in the form of addenda and will become a part of the solicitation documents and of the contract. Addenda shall be made available to each vendor. A bidder's/proposer's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the solicitation, the addenda will give the new submission date.
Addenda shall be acknowledged via the City's eProcurement Portal.
3.7. Notice Regarding Disclosure of Contents of Document
All responses accepted by the City at the time of bid opening shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each bid which are identified by the bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." Each element of a bid which a bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
3.8. Errors and Omissions
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.
3.9. Patent Feed; Patent, Copyright, Trade Secret, and Trademark Fees
Each bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.
3.10. Taxes
Price bid shall include all federal, state, local and other taxes.
3.11. Local Bidders; Refund of Sales and Use Tax
For the purpose of determining the lowest bidder on a contract for materials and supplies only, 1.75% of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such bidder were awarded the contract, the City would receive a refund of the 1.75% sales and use tax pursuant to the Uniform Sales and Use Tax Ordinance of the City of Pasadena.
3.12. Special Requirements of Contractors
There is a separate packet of forms as part of these specifications that a bidder must complete to establish compliance with a number of special City of Pasadena requirements, including, but not limited to, Equal Employment and Affidavit of Non Collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them shall be grounds, in the sole discretion of the City, for rejection of any bidder.
3.13. Public Contract Code Sec. 9204 New Public Works Claims Procedure
As detailed in the Section Titled #Public Works Claims Procedure new Public Contract Code Section 9204, effective January 1, 2017, specifies new procedural requirements for claims submitted by a contractor on any public works project.
3.14. Equivalents to Specifications
The material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids. Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the Bid Invitation. Bidder must provide all information (no pricing) in order for the City to determine if the product offered is an equal to the manufacturer specified and/or meets the technical specifications. This includes details for each item to which a proposed equal will be taken, proposed make and model specifications, and any other information on the material specified herein regarding approved equals requested. Bidder must state brand name and/or manufacturer of each item proposed and include detailed specifications. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications or be equal to the specifications.
During the question and answer period for this solicitation (Purchase and Upfitting of Ford Transit Cargo Van; 2026-IFB-MS-0352), the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.
3.15. Protest Procedure
This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICITATION PROTEST PROCEDURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the City of Pasadena.
4. City Requirements
There are forms included in the section named Submittal/Checklist of these specifications which a bidder or proposer must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and affidavit of non-collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them may be grounds, in the sole discretion of the city, for rejection of any bidder or proposer.
4.1. Pasadena Operating Companies
If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, PRHB, or RBOC, or PCAC, e.g. "City" shall refer to the Operating Company, "City Council" to its Board of Directors, and "City Manager" to its Chief Executive Officer.
4.2. Equal Employment Opportunity in Contracting
Policy - The City of Pasadena is committed to a policy of Equal Employment:
Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.
Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.
The successful bidder or proposer may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.
Required Forms – Each bidder or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer has an approved Form on file with the City.
Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.
4.3. Declaration of Non-Collusion by Contractor
This form is only applied for formal solicitations $75,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the section named "Submittals/Checklist."
4.4. SAMPLE CONTRACT
A sample of the contract the successful vendor will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of this solicitation.
4.5. CHANGE ORDER MANAGEMENT
Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.
4.6. Local Preferences
The City of Pasadena is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.
4.7. Pasadena Business License
Awarded bidder or proposer may be required to obtain and pay for any required business license under Title 5 of the Pasadena Municipal Code.
If the business will not come into the City for the purpose of providing services for this contract they are not required to obtain a business license.
If the business will only be coming into the city no more than 10 times to work on projects, they are charged 33% of the annual tax (Pasadena Municipal Code Section 5.04.130C)
If they come into the City more than 10 times they are required to pay the annual fee.
Any subcontractors used by the awarded bidder or proposer will be required to obtain a license if they will be coming into the City to perform services.
For further information contact Municipal Services Department at (626) 744-4166, Monday-Friday between 7:15 am and 5:15 pm. Additional Information regarding business license fees can be found here: https://www.cityofpasadena.net/finance/licenses/business-licenses/
4.8. Invoice Submission Portal
Invoice Submission Portal
The invoice submission process is activated when an invoice is submitted through the Vendor Invoice Portal. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued on Tuesday and Thursday.
How to submit invoices to the City of Pasadena?
Create an account: Visit the City’s Invoice Submission website: https://invoice.cityofpasadena.net/ and select “Create Account”
Refer to the "Invoice Submission Portal - Vendor User Guide" for detailed instructions.
4.9. Acceptance of Conditions
By submitting a bid or proposal, each bidder or proposer expressly agrees to and accepts the following conditions:
All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the City;
The City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;
The City reserves the right to request further information from the bidder or proposer, either in writing or orally, to establish any stated qualifications;
The City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;
The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;
This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder or proposer in the preparation and submission of a bid.
4.10. Pasadena Business
Local Business is defined in the Pasadena Municipal Code section:
4.08.020, O: "Local business" means a business with a fixed place of business located in the city.
To receive any preferences offered to a Pasadena business in this solicitation, a Pasadena business must be located within the City Boundary by the release date of this solicitation.
4.11. Pasadena Living Wage Ordinance
If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.
The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.
Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:
Finance Department
Purchasing Division
626-744-6755 - phone
626-744-6757 – fax
Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.
4.12. PAYMENT OF A CITY-WIDE MINIMUM WAGE
If a vendor is providing labor for any subsequent contract resulting from this solicitation, they must comply with the City of Pasadena Minimum Wage as set forth in Chapter 5.02 of the Pasadena Municipal Code. Vendors are encouraged to review the City’s minimum wage information guide at (https://bit.ly/3o3SHMh). The minimum wage ordinance may be found at Pasadena Municipal Code.
4.13. Errors and Omissions
Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.
4.14. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees
Each bidder or proposer shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.
4.15. Taxes
Price bid or Price Proposals shall include all federal, state, local and other taxes.
4.16. Certificate of Insurance
Proof of insurance is not required to be submitted with your bid/proposal, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.
4.17. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)
The winning proposal/bid may be required to submit a completed and signed IRS Form W-9. Failure to submit this form may result in the response being deemed non-responsive.
Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf
4.18. LIMITATIONS ON LIABILITY
Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item; and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsiveness.
4.19. Recycled Product Procurement Mandates Pertaining to Local Governments [Public Contract Code Sections 22150 - 22154]
This section is only applied when buying paper products.
Beginning January 1, 2022, SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.
SB 1383 builds upon existing laws that require jurisdictions to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping.
All vendors providing Paper Products and Printing and Writing Paper shall:
Provide products that contain no less than 30% minimum recycled content and recyclability (described in further detail in State of California, Public Contract Code Sections 22150-22154, under the sections “Recycled-Content Requirements” and “Recyclability Requirements”.
Provide a written certification and other verification from product vendors, as applicable, certifying that the products meet the recycled-content and recyclability requirements.
4.20. AVAILABILITY OF FUNDS
The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.
4.21. Addenda
If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.
Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Purchase and Upfitting of Ford Transit Cargo Van in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.
The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.
4.22. Accessibility Compliance Requirements
General Compliance
In accordance with Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and all other applicable federal, state, and local disability rights laws, including the California Building Code (CBC) and California Code of Regulations Title 24, the City of Pasadena requires that all services, programs, activities, and facilities provided or utilized under this contract be fully accessible to individuals with disabilities.
The selected Contractor agrees to ensure that all work performed, and all services, programs, or activities provided under this contract comply with the requirements of Title II of the ADA and related laws. This includes, but is not limited to design, construction, communication, technology, and program delivery compliance with:
The ADA and its implementing regulations (28 CFR Part 35 and Part 36);
The 2010 ADA Standards for Accessible Design;
The U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as amended;
Section 504 of the Rehabilitation Act of 1973;
California Government Code § 4450 et seq.;
California Code of Regulations (CCR), Title 24, including Chapter 11B of the California Building; Code governing accessibility to public accommodations and commercial facilities;
Any other relevant federal, state, or local regulations concerning accessibility and nondiscrimination.
These requirements apply to all aspects of the Contractor’s work, including but not limited to project or program design, facility access, pedestrian pathways, public right-of-way improvements, communications, and digital content or services.
Applicability of Accessibility Requirements
Accessibility compliance requirements apply when scope of work includes:
Digital deliverables (i.e. websites, web applications, mobile applications, electronic documents, multimedia content)
Physical infrastructure (i.e public facilities, pedestrian pathways, rights-of-way, shared use paths)
Communication and program delivery (i.e. public meetings, outreach materials, surveys, customer service and payment platforms)
Technology procurement or development (software, hardware, ICT systems)
If any portion of the work involves these elements, the Contractor must ensure full compliance with applicable accessibility standards.
Digital and Electronic Content
For all digital deliverables (including websites, documents, and applications), the Contractor shall ensure conformance with, at minimum:
Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as amended[GS1] ; and
Section 508 of the Rehabilitation Ace (29 U.S.C. § 794d), where applicable.
All digital materials must undergo both automated and manual accessibility testing, including usability reviews by individuals representing a wide range of functional disability types (e.g., visual, auditory, cognitive, motor), and, if required, remediated prior to final acceptance. Testing must include compatibility with commonly used assistive technologies (e.g., JAWS, NVDA, VoiceOver, ZoomText, Dragon NaturallySpeaking). The Contractor must provide documentation such as Voluntary Product Accessibility Template (VPAT) or equivalent Accessibility Conformance Report (ACR), detailing compliance and describing the testing methodology.
Public Rights-of-Way Accessibility (PROWAG)
Any design, construction, or alteration involving pedestrian facilities, sidewalks, curb ramps, crosswalks, or public rights-of-way must conform to the latest applicable version of the U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as adopted by the U.S. Department of Justice, Department of Transportation, or other relevant authority.
Corrective Action and Liability
The Contractor shall be held responsible for correcting any noncompliant work or deliverables identified by the City of Pasadena or any enforcement agency, at no additional cost. The City of Pasadena reserves the right to withhold payment, suspend work, or terminate the contract for failure to meet accessibility requirements.
The Contractor shall indemnify and hold harmless the City of Pasadena, its officers, agents, and employees from any claims, damages, or liabilities arising from noncompliance with applicable accessibility laws or guidelines.
Certification of Compliance
By submitting a proposal, the Contractor certifies that it has reviewed and will comply fully with all applicable federal, state, and local accessibility laws, including the ADA, CBC, Title 24, and PROWAG, and will ensure that all subcontractors do the same.
4.23. Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)
Purpose
The information request will have no bearing on the evaluation of your response during the Evaluation stage. The information will be used by the City for administrative review and to support a one-year evaluation period of contracting and data-sharing practices. The City is requesting information to be included with your submittal. The form is to be uploaded in the Submittal/Checklist section. Submission of this form is encouraged to assist the City in understanding vendor relationships and informing future policy considerations. The City intends to maintain an open and collaborative dialogue with contractors and the community regarding data practices and transparency.
Disclosures:
Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:
DHS agency or sub-agency (if applicable)
General description of services
Whether data-sharing with third parties is involved
If no such relationships exist, respondents may indicate “No.”
Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.
5. General Specifications
5.1. BID PROPOSAL QUANTITIES
The quantities contained in the bid documents are approximate only and are for the sole purpose of comparing bids. The City may, in accordance with the specifications, order more or less equipment and/or materials as necessary at the City’s sole discretion. Payment will be made only for the amount of material actually provided, as determined by the City and accepted at the unit prices noted in the bid.
5.2. EVALUATION OF BID
Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal. The contract award will be made from among responsive and responsible bidders. In case of a discrepancy between the unit prices and item total, the unit price shall govern. In the event of a discrepancy between the item totals and the grand total price the item totals shall prevail. The prices will be subject to adjustment by the City on that basis in the event of discrepancy and bid awarded.
5.3. Split Award
Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal for each Group. Each Group will be evaluated and awarded independently based on the lowest Grand total Price for each Group. Bidders may bid on any combination of the Groups below. Bidders are required to bid on all line items listed within the specific Group they select. Failure to bid on all line items for a selected Group or Groups may result in rejection of the bid(s).
GROUP ONE: 2026 Ford Transit Cargo Van
GROUP TWO: Upfitting of 2026 Ford Transit Cargo Van
5.4. Award of Bid and Determination of Responsiveness
The contract shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsible and responsive, the following shall be considered:
The quality of the material offered;
The ability, capacity and skill of the bidder to perform the contract or provide the material or services;
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
The quality and timeliness of the bidder's performance on previous orders or contracts for the City;
Litigation by the bidder on previous orders or contracts with the City;
The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;
5.5. PRICE ADJUSTMENTS
At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) for the region for the latest available preceding 12-month period.
5.6. Substitutions and Equivalents
SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES
Wherever these Specifications specify any material or process by patent or proprietary name, or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and shall be deemed to be followed by the words and/or approved equivalent. Any bidder may offer in the proposal any material or process that is equivalent in every respect to the material or process specified. This statement of alternate unit shall clearly describe the material or process for which the substitution is proposed and shall provide technical data establishing equivalency.
Equivalents to Specifications
The material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids. Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the Bid Invitation. Bidder must provide all information (no pricing) with their bid in order for the City to determine if the product offered is an equal to the manufacturer specified and/or meets the technical specifications. This includes details for each item to which a proposed equal will be taken, proposed make and model specifications, and any other information on the material specified herein regarding approved equals requested. Bidder must state brand name and/or manufacturer of each item proposed and include detailed specifications. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications or be equal to the specifications.
During the question and answer period, the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.
Equals can be submitted for approval during the Question and Answer period through this eProcurement Portal: https://procurement.opengov.com/portal/pasadena/projects/272335.
5.7. BID YOUR FULL EQUAL OR BETTER
Materials and equipment furnished shall be new, complete, ready-for-use and of the latest model, shall not have been used in demonstration or other services and have all the usual equipment as shown by manufacturer’s current specifications and catalogs unless otherwise specified.
5.8. WARRANTY
Contractor shall provide factory warranties on all materials furnished against defects in materials and/or workmanship. The factory warranty shall become effective on the date of delivery and acceptance by the City. Should any defect in materials or workmanship appear during the warranty period, the Contractor shall repair or replace the same at no cost to the City.
5.9. DEFECTIVE MATERIALS:
Any materials not conforming to requirements of this Specification shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials installed shall be removed and replaced by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due to the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
5.10. RECEIVING AND INSPECTION:
Deficient parts will be rejected and the Contractor will be required to make the necessary adjustments or replacements. It shall be the Contractor’s responsibility to pick up any rejected parts, make the necessary corrections, and deliver materials at no additional cost to the City.
5.11. Protest Procedure
This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICITATION PROTEST PROCEDURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the City of Pasadena.
5.12. 4.08.130 Lowest and best bidder
4.08.130 Lowest and best bidder.
In determining the lowest and best bidder, the following shall be considered, in addition to price:
A. The quality of the material offered;
B. The ability, capacity and skill of the bidder to perform the contract or provide the material or services;
C. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
D. The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;
E. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
F. The quality and timeliness of the bidder's performance on previous orders or contracts for the city;
G. Litigation by the bidder on previous orders or contracts with the city;
H. The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;
I. Certification by bidder of compliance with the Equal Employment Opportunity—Non-discrimination requirements.
J. Certification by bidder of compliance with the Pasadena living wage ordinance, where applicable.
(Ord. 6899, § 2, 2002; Ord. 6763, § 2, 1998; Ord. 5068, § 3.08, 1972)
5.13. Payment of Subcontractors, Suppliers, and Workers
The Prime Contractor shall be solely responsible for the payment of all subcontractors, suppliers, laborers, and any other persons or entities employed in connection with the performance of this Contract.
The City shall have no obligation to pay, or to ensure the payment of, any subcontractors, suppliers, or workers directly. The Prime Contractor shall ensure timely and full payment in accordance with all applicable laws, including but not limited to California Public Contract Code §§ 10262 and 10262.5 and Labor Code § 218.7.
Failure to comply with this requirement may result in the withholding of payments, imposition of penalties, and/or other remedies available under the Contract and applicable law.
The Prime Contractor shall also include in all subcontracts a provision requiring subcontractors to pay their lower-tier subcontractors and suppliers in a timely manner consistent with this section.
6. Insurance Requirements
6.1. Insurance Requirements
https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766
7. Public Contract Claims Procedure
PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS CLAIMS PROCEDURE
AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.
For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.
A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:
1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”
2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or
3. “Payment of an amount that is disputed by the public entity.”
Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."
For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.
If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.
Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.
Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.
After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).
The full text of this new legislation is set forth below:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 9204 is added to the Public Contract Code, to read:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
The Department of Water Resources as to any project under the jurisdiction of that department.
The Department of Transportation as to any project under the jurisdiction of that department.
The Department of Parks and Recreation as to any project under the jurisdiction of that department.
The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
The Military Department as to any project under the jurisdiction of that department.
The Department of General Services as to all other projects.
The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)
SEC. 2.
The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
8. FEDERAL TERMS AND CONDITIONS
2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
8.1. Equal Employment Opportunity
Except as otherwise provided under 41 CFR Part 60, to the extent this Agreement meets the definition of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1 3 Locality agrees at all times during the term of this Agreement to comply with and abide by the following: (i) the equal opportunity clause (" Equal Opportunity Clause") in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, as amended by Executive Order 11375 and that the Equal Opportunity Clause is a part of this Agreement and incorporated herein by this reference; and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60 and that such implementing regulations are a part of this Agreement and incorporated herein by this reference.
8.2. Compliance with the Davis-Bacon Act
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are 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. c. Additionally, contractors are required to pay wages not less than once a week.
8.3. Copeland "Anti-Kickback" Act
a. Standard. Recipient and subrecipient contracts must 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 Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). 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 FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.
8.4. Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
8.5. Contract Work Hours and Safety Standards Act
To the extent this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Locality agrees at all times during the term of this Agreement to comply with and abide by the terms of the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq., as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part of this Agreement and incorporated herein by this reference.
8.6. Compliance with the Contract Work Hours and Safety Standards Act.
The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
8.7. Clean Air Act
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
8.8. Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. 2. The contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
8.9. Debarment and Suspension Certification
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
8.10. Byrd Anti-Lobbying Amendment
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall 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 shall 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 recipient who in turn will forward the certification(s) to the awarding agency.
8.11. 2 CFR § 200.323: PROCUREMENT OF RECOVERED MATERIALS
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
8.12. FEDERAL - REQUIRED CERTIFICATION
If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. _________________________________________ Signature of Contractor’s Authorized Official Name ________________________________ Title of Contractor’s Authorized Official _______________________ Date FEDERAL CONTRACT PROVISIONS
8.13. ACCESS TO RECORDS
The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name ofstate agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
8.14. DHS SEAL, LOGO, AND FLAGS
“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”
8.15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
8.16. NO OBLIGATION BY FEDERAL GOVERNMENT
“The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
8.17. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
8.18. 2 CFR § 200.216: PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES
FEMA recipients and subrecipients and their contractors and subcontractors are required per 2 C.F.R. Part 200, Appendix II to include a contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders. 1. On or after Aug. 13, 2020, for all new, extended, or renewed contracts using FEMA funds, especially for covered telecommunications equipment or services: a. FEMA recipients and subrecipients are required to include a provision in their contracts explaining the prohibitions under section 889 of the NDAA and as clarified in this policy. b. This also applies to subcontracts under any new, extended, or renewed contract. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause. The link to the policy is listed here: Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim) FEMA Policy #405-143-1 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
8.19. CFR § 200.322 - Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
8.20. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
ONLY REQUIRED FOR FUNDING AGREEMENTS a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity 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 non Federal entity must comply with the requirements of 37 C.F.R. 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 FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
8.21. Buy America Requirement
This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1787 RIN 0572–AC42 ‘‘Buy American’’ Requirement. Details for this requirement can be found at the following link: https://www.govinfo.gov/content/pkg/FR-2018-11-27/pdf/2018-25815.pdf
8.22. SMALL, MINORITY, AND WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
REQUIRED FOR ALL FEDERALLY FUNDED AGREEMENTS. City of Pasadena and contractors may be subject to the equal opportunity requirements implementing Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”, as well as 2 C.F.R. §200.321, “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.” Contractors shall be required to complete the applicable Equal Employment Opportunity forms and SBE/MBE/WBE/LSA forms included in the project specifications. Contractor shall also sign and submit a certification that declares all necessary affirmative steps were taken to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms were used when possible, as outlined by 2 C.F.R. §200.321.
Equal Employment Opportunity Forms: Equal Employment Opportunity Forms | Federal Communications Commission (https://www.fcc.gov/enforcement/eb-eeo/equal-employment-opportunity-forms)
8.23. CARGO PREFEREENCE ACT (CPA)
REQUIRED FOR ALL FEDERALLY FUNDED AGREEMENTS. Contractors shall comply with the CPA requirements as implemented by 46 CFR 381 in order to ensure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs Use of United States-flag vessels: The contractor agrees – To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.”
8.24. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIRED FOR FEDERALLY FUNDED AGREEMENTS IN EXCESS OF $100,000 AND INVOLVES THE EMPLOYMENT OF MECHANICS OR LABORERS. The Contractor shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is 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. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Records. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Access to Records. Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”
8.25. Copyright and Data Rights
An NFE is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency “a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. § 200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or otherwise use” data produced under a federal award and to authorize others to do the same. Applicability When an NFE enters into a contract requiring a contractor or subcontractor to produce copyrightable subject matter and/or data for the NFE under the award, the NFE should include appropriate copyright and data licenses to meet its obligations under 2 C.F.R. § 200.315(b) and (d), respectively. Work that is subject to copyright, or copyrightable subject matter, includes any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Suggested Language The following provides a sample contract clause: “License and Delivery of Works Subject to Copyright and Data Rights” The Contractor grants to the (insert name of the non-federal entity), a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the (insert name of the non-federal entity) or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (insert name of the non-federal entity) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal entity).”
8.26. UNIQUE ENTITY ID (UEI) SAM.GOV
SAM REGISTRATION
Prior to bid submittal date, the lowest responsive and responsible bidder must be verified to not be on the government-wide exclusions list for suspension or debarment.
Vendors seeking to register can register for free at the following link: https://sam.gov/content/entity-registration
All federal financial assistance recipients must have a Unique Entity ID (UEI) number.
As of April 4, 2022, DUNS Numbers will no longer be used by federal agencies. As part of a governmentwide initiative, the Office of Management and Budget (OMB), directed all federal agencies to complete their transition to the Unique Entity ID created in SAM.gov. This transition allows the government to streamline the entity identification and validation process, making it easier for entities to do business with the federal government for your company does not have a UEI, you can obtain one by visiting https://sam.gov/content/entity-registration.
The SAM registration process may take several business days to complete. Therefore, the City recommends that the Bidder begin the registration process if bidder has not done so already.
This proof must be submitted with the Bid. If you fail to submit this information with the Bid, the Bid may be deemed non-responsive.
8.27. 2 CFR Parts 184 and 200
Below is a Summary and an Executive Summary: Click Here for the Complete Document: https://public-inspection.federalregister.gov/2023-17724.pdf
SUMMARY:
The Office of Management and Budget is revising the OMB Guidance for Grants and Agreements. The revisions are limited in scope to support implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act and to clarify existing provisions related to domestic preferences. These revisions provide further guidance on implementing the statutory requirements and improve Federal financial assistance management and transparency.
SUPPLEMENTARY INFORMATION:
Executive Summary
The Office of Management and Budget (OMB) is revising its guidance in title 2 of the Code of Federal Regulations (2 CFR) to add a new part 184 and revise 2 CFR 200.322. The revisions implement the requirement for the Director of OMB to issue guidance to the head of each Federal agency to assist in the implementation of the requirements of the Build America, Buy America Act (BABA), Public Law 117-58, 135 Stat. 429, 70901-70927, Nov. 15, 2021. As required by BABA, the new part 184 of 2 CFR provides clear and consistent guidance to Federal agencies about how to apply the domestic content procurement preference (Buy This document is scheduled to be published in the Federal Register on 08/23/2023 and available online at federalregister.gov/d/2023-17724, and on govinfo.gov America or BABA preference) as set forth in BABA to Federal awards for infrastructure projects. See BABA 70915. For example, the new part 184 includes definitions for key terms, including iron or steel products, manufactured products, construction materials, and materials identified in section 70917(c) (section 70917(c) materials) of BABA. These definitions provide a common system for Federal agencies to distinguish between the product categories established under the statutory text in BABA. The new part also offers standards that define “all manufacturing processes” in the case of construction materials. The new part 184 also includes guidance for determining the cost of components of manufactured products. The part 184 text uses a modified version of the “cost of components” test found in the Federal Acquisition Regulation (FAR) at 48 CFR 25.003, which is used for Federal procurement. Using this approach for determining the cost of components of manufactured products in the context of Federal financial assistance aims to provide a consistent approach for industry, with only minor modifications which are explained in this document. The new part 184 also includes guidance on proposing and issuing Buy America waivers. For example, based on the statutory text of BABA, it restates the circumstances under which a waiver may be justified. The new part also includes guidance on the type of process that a Federal agency should implement to allow recipients to request waivers, including the process a Federal agency should follow in issuing proposed and final waivers. The revised provision in 2 CFR part 200 specifies that Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184, as required under section 70914(a) BABA, as of the effective date of the guidance, unless specified otherwise.
Click Here for the Complete Document: https://public-inspection.federalregister.gov/2023-17724.pdf
8.28. CAAC Consultation - Class Deviation From the Federal Acquisition Regulation (FAR) Regarding Executive orders 14173 and 14168
For Compliance with Federal Acquisition Regulations (FAR) Clauses and Deviations
General Requirements
All bidders or proposers must adhere to the following Federal Acquisition Regulation (FAR) clauses, including specified deviations. Bidder/Proposers should ensure their representations and certifications are completed and up to date in SAM.gov before submitting their proposal.
Required Representations and Certifications
Annual Representations and Certifications
- FAR 52.204-8 (JAN 2025) (DEVIATION FEB 2025)
- Bidder/Proposers must have their Annual Representations and Certifications updated in SAM.gov.
- No separate submission is required unless there are changes not reflected in SAM.
- The Government will review the Bidder/Proposer’s certifications directly in SAM.
Bidder/Proposer Representations and Certifications for Commercial Products and Services
- FAR 52.212-3 (MAY 2024) (DEVIATION FEB 2025)
- Bidder/Proposers must ensure that their Representations and Certifications – Commercial Products and Commercial Services are current in SAM.
- If any part is not completed in SAM, the Bidder/Proposer must submit the relevant information with their bid.
- Certifications must align with all federal compliance requirements, including Buy American, small business status, and other regulatory matters.
Contract Terms and Conditions
Commercial Products and Services
- FAR 52.212-5 (JAN 2025) (DEVIATION FEB 2025)
- The awarded contract will include all applicable statutory and executive order requirements.
- Bidder/Proposers must comply with all terms, including labor laws, environmental regulations, and cybersecurity requirements.
Simplified Acquisitions (Other Than Commercial Products and Services)
- FAR 52.213-4 (JAN 2025) (DEVIATION FEB 2025)
- Applicable to simplified acquisitions outside of commercial product and service procurement.
- The contract terms will include relevant federal requirements for small purchases, including payment terms, delivery conditions, and compliance obligations.
Subcontracting Requirements
- FAR 52.244-6 – Subcontracts for Commercial Products and Commercial Services
- If the Bidder/Proposer intends to subcontract any portion of the work:
- Subcontractors must comply with all applicable FAR clauses.
- The prime contractor is responsible for ensuring subcontractor compliance with federal laws.
- The Government reserves the right to review and approve subcontractors for compliance.
9. FEDERAL CONTRACT PROVISIONS
1. ACCESS TO RECORDS
The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (California), (City of Pasadena), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (City of Pasadena) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
2. DHS SEAL, LOGO, AND FLAGS
“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”
3. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
4. NO OBLIGATION BY FEDERAL GOVERNMENT
“The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
6. 2 CFR § 200.216: PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES
FEMA recipients and subrecipients and their contractors and subcontractors are required per 2 C.F.R. Part 200, Appendix II to include a contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders. 1. On or after Aug. 13, 2020, for all new, extended, or renewed contracts using FEMA funds, especially for covered telecommunications equipment or services: a. FEMA recipients and subrecipients are required to include a provision in their contracts explaining the prohibitions under section 889 of the NDAA and as clarified in this policy. b. This also applies to subcontracts under any new, extended, or renewed contract. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause. The link to the policy is listed here: Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim) FEMA Policy #405-143-1 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
7. CFR § 200.322 - Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
8. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
ONLY REQUIRED FOR FUNDING AGREEMENTS
a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity 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 non Federal entity must comply with the requirements of 37 C.F.R. 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 FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
9. SMALL, MINORITY, AND WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
City of Pasadena and contractors may be subject to the equal opportunity requirements implementing Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”, as well as 2 C.F.R. §200.321, “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.” Contractors shall be required to complete the applicable Equal Employment Opportunity forms and SBE/MBE/WBE/LSA forms included in the project specifications. Contractor shall also sign and submit a certification that declares all necessary affirmative steps were taken to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms were used when possible, as outlined by 2 C.F.R. §200.321.
10. CARGO PREFERENCE ACT (CPA)
Contractors shall comply with the CPA requirements as implemented by 46 CFR 381 in order to ensure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs
Use of United States-flag vessels: The contractor agrees –
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.”
11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIRED FOR FEDERALLY FUNDED AGREEMENTS IN EXCESS OF $100,000 AND INVOLVES THE EMPLOYMENT OF MECHANICS OR LABORERS.
The Contractor shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is 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. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
3. Withholding for unpaid wages and liquidated damages. The (City of Pasadena) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
5. Records. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
6. Access to Records. Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”
12. Copyright and Data Rights
An NFE is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency “a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. § 200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or otherwise use” data produced under a federal award and to authorize others to do the same.
Applicability
When an NFE enters into a contract requiring a contractor or subcontractor to produce copyrightable subject matter and/or data for the NFE under the award, the NFE should include appropriate copyright and data licenses to meet its obligations under 2 C.F.R. § 200.315(b) and (d), respectively. Work that is subject to copyright, or copyrightable subject matter, includes any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.
Suggested Language
The following provides a sample contract clause: “License and Delivery of Works Subject to Copyright and Data Rights” The Contractor grants to the (City of Pasadena), a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the (City of Pasadena) or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (City of Pasadena) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (City of Pasadena).”
10. Federal Emergency Management Agency
10.1. Federal Emergency Management Agency (FEMA)
The work described in this solicitation may be funded, in whole or in part, by the Federal Emergency Management Agency (FEMA).
All bidders are advised that this project is subject to the applicable terms, conditions, and requirements associated with FEMA-funded projects. These terms and conditions are included as an attachment to this solicitation and are hereby incorporated by reference. By submitting a bid, the bidder agrees to comply with all such FEMA-related requirements.
11. Bid Specifications
11.1. Detailed Specifications
Introduction: Crisis Negotiation Team (CNT) vans allow law enforcement to perform their critical work remotely in the field, in proximity to the incident and to the incident command post. These vehicles enable rapid response with specialized assets and facilitate uninterrupted communications while enroute and on-scene. CNT vans contain unique technology and equipment necessary to provide critical, secure communications and incident management for specially trained law enforcement personnel.
The following specifications outline the minimum requirements for a custom-manufactured, mission-specific Crisis Negotiation Team (CNT) Van to be utilized by the Pasadena Police Department (PPD). The upfitting design shall be upgradeable and modular. The manufacturer shall communicate this approach as part of their bid. Future design considerations that may be appropriate to include would be rooftop mounted exterior equipment, additional communications systems, etc.
The van interior shall be divided into (2) distinct areas, separated by a curtain-style partition (described below in greater detail).
The front area is the cab with two factory-fixed seats for the driver and passenger. Emergency lights/siren controls and provisions for a police communications radio shall be installed in the front cab area.
The larger rear interior area will contain (2) CNT Staff workstations across a single common countertop along the streetside interior of the vehicle as follows: a Primary workstation position and a Secondary workstation position, each with adjustable task chairs secured by bungee cords/cables. Exact positions of the workstations will be determined by PPD CNT. A fold-down padded bench seat with padded backrest shall be installed along the interior curbside wall.
There shall be provisions for two City laptop computers to be connected at the two workstations. Two wall-mounted monitors will be available to display the laptop images. The workstations will have individual lighting controls, electrical outlets for power and charging.
Motorola APX Vehicular Adapters each with microphone & speaker shall be installed accessible to the two rear workstations. It will serve as a functional charger for a Pasadena Police Motorola APX 8000 portable radio.
While all efforts have been made to fully detail the construction materials, methods and equipment required to build this vehicle, it remains the vendor’s responsibility to identify and select components and materials of superior quality that will not just meet the minimum requirements/expectations but will ensure maximum performance, service life (minimal wear & tear) and safety protections.
No drawings are provided. It is in the best interest of the Pasadena Police Department to evaluate each vendor’s configuration concepts based on the PPD's description above and the information contained throughout these specifications.
Due to the complexity of the project, vendors must provide detailed specifications. A general statement or letter stating that the vendor meets all specifications will not be acceptable. Additionally, photocopies of this specification will not be an accepted response. For ease of evaluation and uniformity, all submitted vendor specifications must follow the format of this document. Failure to comply with and/or to meet these requirements will be deemed as non-responsive.
To ensure the Pasadena Police Department will have a source of service and parts over the anticipated life of this vehicle, potential vendors must have established a permanency in this industry (specialized law enforcement vans) for a minimum of twenty (20) years. Vendors must include in their proposal a minimum list of three (3) reference vehicles of similar size and complexity built and delivered within the last twenty-four (24) month period, starting from the opening date. Include for each reference vehicle the department/agency name, contact name, contact telephone number, contact email, date of vehicle delivery, build time and exterior/interior vehicle photos of each vehicle on the reference vehicle list.
The PPD reserves the right to contact references, and, if reference information provided is incorrect or if named contacts are unreachable, vendor’s overall response will be deemed non-responsive. No exceptions.
Note: Any references of/to a subcontractor, third party builder or subsidiary will not be acceptable. All references by bidder must be for vehicles entirely custom-built/upfitted by and delivered by vendor.
The vendor shall not require the Pasadena Police Department or the City of Pasadena to make a down payment, prepayments or progress payments. No exceptions.
Prototype, pre-built and/or demonstrator vehicles will not be accepted under any circumstance. Additionally, the body is to be a standard commercially available production model and may not include any proprietary construction techniques or components. No exceptions.
Vendor must stock a complete line of special service equipment and parts for this van. Vendor must be able to supply minimum 90% of parts required to maintain this vehicle within 24 hours and have the balance available within 72 hours. Note: The Pasadena Police Department reserves the right to request certain items be shipped at vendor’s expense to verify ability to comply. Failure to respond as stated will be cause for rejection. No exceptions.
Vendor shall warranty all upfitting work for a minimum of one year, beginning at date of delivery to the Pasadena Police Department. Access to vendor for 24/7 support is required.
Throughout the specifications, brand names may be used to establish and ensure minimum standards and compatibility. If an alternate brand or model is specified by a vendor only where an exception may be permitted, equivalency must be explained and demonstrated. All exceptions are to be listed/documented on a separate document with reasons for the exceptions. If an item is to be purchased rather than manufactured by the vendor, appropriate documentation demonstrating equivalency must be provided. Failure to demonstrate equivalency will be cause for rejection. The Pasadena Police Department reserves the right to decline any alternate brands/models at any time.
In order to fairly evaluate each vendor’s ability to meet specifications, blueprints or equivalent drawings are to be submitted by the vendor. [All prints submitted will be on the same size paper and to the same scale. The drawings are to be on “D” size paper, 24” x 36” in size, all views must be no smaller than 1”: 1’ scale. CAD prints are preferred].
The drawings are to be provided as follows:
Interior floor plan (overhead)
Appropriate section views – interior
Driver and passenger view – exterior
Left hand section view – interior
Right hand section view – interior
Roof top view – exterior
Front and rear view - exterior
In addition to the drawings, each vendor must include a payload calculation work sheet showing the estimated as-built for the front axle, rear axle and total vehicle weight of the proposed vehicle. These calculations must be based on previously built vehicles produced by the vendor.
Vendor shall provide complete documentation for the van, including factory owner’s manual, as-built vendor/upfitter and all added/installed accessories and components. The documentation material is to be contained in a 3-ring bound hard cover notebook or equivalent. Vendor/upfitter installation methods of components, servicing and maintenance recommendations/requirements including for onboard generator, wiring manual/schematics shall be included. Vendor to also include (4) USB flash drives containing all aforementioned information.
At the time of delivery to Pasadena PD, the vehicle shall be inspected by Pasadena PD project staff for specification compliance and acceptance. Also, at the time of the delivery phase, the vendor shall provide on-site orientation and training to Pasadena PD Crisis Negotiation Team members regarding all aspects of the vehicle on a mutually agreed upon date and time.
11.2. For Transit Cargo Van Specifications/Requirements
Make/Brand: 2026 Ford Transit Cargo Van, Transit Long 350 HD Van, Heavy Duty Front Axle, includes 16” Silver Steel Wheel.
Body: High Roof (110.1”), (148” Wheelbase, 235.5” Overall Exterior Length).
GVWR 9950 (lbs.) / Max Payload 4597 (lbs.).
Cab: Cargo Van
Transit Long 350 HD.
3.5L PFDi V6 Gasoline Model preferred
10-Speed Automatic Overdrive Transmission with SelectShift
Transit Gas Model.
Rear Wheel Drive.
Dual AGM Batteries (70 amp-hr each)
4.10 Limited Axle
Rear Wheels: Single Rear Wheel.
Heavy Duty Front Axle
Interior Upgrade Package Delete
Exterior Upgrade Package SRW (Incl. black-trimmed HID headlights, wiper-activated headlamps, fog lights, honeycomb mesh grill with chrome surround, 16” steel wheels with exposed lug nuts)
Modified Vehicle Wiring System
Auxiliary Heater/AC Prep Package without Rear Controls
Upfitter Package
Ford Co-Pilot 360 Assist 2.0
Exterior Body Paint Color: Carbonized Gray Metallic (or similar neutral color)
16” Silver Steel Wheel
Standard tires: 235/65R16C 121/119 R BSW all-season.
Front Solar Tinted Glass
No Cargo Area Windows
50/50 Hinged Rear Door 180 Degree Opening
Sliding Passenger-side Door
253-Degree Rear Door Opening
Rearview Mirror Delete preferred
Power Adjusting, Power Folding Heated Mirrors with Turn Signals (incl. with Ford Co-pilot 360 Assist 2.0).
Std. Fuel Tank – Capless Fuel Fill, 25 US Gallons.
Cargo Tie-Down Hooks
Keys: 2 Additional (4 total) with Key Fobs
Front Bumper – Carbon Black, Body Colored with Lower Valence
Spare Tire and Wheel Delete
50 States Emissions State
Auxiliary Fuel Port
Black High-Intensity Discharge (HID) Headlamps
Wiper Activated Headlamps
Taillamps
Tire Inflator and Sealant Kit in lieu of Spare Tire
Front Fog Lamps
SOS Post-Crash Alert System
Interior Dark Palazzo Grey preferred
Interior Material: Dark Palazzo Grey Cloth preferred
Dark Palazzo Gray Cloth, 2-way manual seat Driver and 2-way manual Passenger seats preferred
Vinyl Floor Covering (front only)
Less Rear Seat Delete
Roof Marker Lamp Delete
Vehicle Integration System (VIS) 2.0
Large Center Console
B-Pillar Assist Handle
Auxiliary Fuse Panel with High Spec Interface Connector (incl. dual AGM batteries, modified Vehicle Wiring System)
Factory Warranty coverage: minimum 3-year, 36,000 mile bumper to bumper warranty, 5-year or 60,000 mile powertrain warranty.
11.3. CNT Van Conversion Upfitting
The selected vendor shall provide and install the following items.
Exterior/Electrical Requirements:
On-Board generator: Cummins Onan, NPS or equivalent gasoline-powered, low-noise/quiet, installed into insulated compartment. Cushioned generator mounting system. Generator must operate using the same fuel as the vehicle engine. Generator shall be of sufficient output rating/wattage to support all onboard systems running at maximum capacity. Include generator compartment service LED light with conveniently mounted on/off switch. Sound barrier lining on all generator compartment interior walls.
Electrical system: 120V/240V/50A minimum power system with external shore power cord connection, auto-eject feature. Include heavy duty 20-30 ft. minimum 50-amp compatible shore cord to maintain onboard batteries. Cable length label attached to each end of the power cable.
Kussmaul or equivalent auto-eject shore cord plug connection mounted exterior, rear of driver’s door.
Lithium-Ion batteries or equivalent to power accessories when not using generator. Inverter for AC/DC power systems management. Whole house surge suppressor(s) for protection of AC power system.
HVAC: Roof-mounted air conditioner with sufficient rating for maintaining comfortable internal temperature of van interior, with heat strips, minimum 4 interior adjustable interior outlets. Condensation pump. No rooftop HVAC water accumulation. HVAC drainage must be directed away from the curb side of the van. Any rooftop drainage must drain and exit on the street side of the vehicle.
Curbside awning (electric operation preferred), charcoal gray or equivalent. Length should extend from rear of vehicle towards front to cover side sliding door.
Body soundproofing/moisture resistant spray foam insulation to isolate/contain excess noise and moisture in vehicle walls, especially in rear work areas. Blanket-type insulation not acceptable.
Back-up alarm manual cut-off switch.
Curbside weatherproof cable pass-through, exterior cover to color-match the vehicle color or flat black.
Weatherproof/covered electrical outlet on curbside and streetside of vehicle to support electronic accessories, minimum 20A-125VAC.
Note: Electrical cabling within vehicle to be 911 harnesses or equivalent. Efficient cable management system throughout vehicle, protected cable runs for all electronics cables including protected from moisture, chafing, abrasion. Vendor-installed electrical cabling must be clearly marked, labeled and/or color-coded. All cable runs shall be full-length, no splices. Circuit breaker functions to be clearly labeled. Where any electrical wiring may pass through sheet metal, bulkheads and structural supports, grommets shall be used to protect both wiring and wire looms.
Note: All replacement parts/components – off the shelf availability and not proprietary where applicable. Ensure sufficient access to generator, batteries, and electrical components for maintenance purposes.
Emergency Equipment/Markings:
All Whelen Core with Cloud System (Whelen Controller box installed in cab)
Inner-Edge interior discreet upper windshield red/blue lightbar over passenger side (not full windshield length), California Vehicle Code compliant.
Red/Blue emergency grill lights
Red/Blue emergency rear lights
Red/Blue side lights – front and rear.
Rear flashing red-blue strobe lights (each inside factory taillight housing)
Whelen full-function electric siren system, 100W siren speaker
Custom non-reflective matte-black Pasadena Police graphics to be installed on front driver and passenger doors – files to be provided by Pasadena PD.
Note: “Clear” lens for all emergency LED lights – no red or blue colored lenses
Interior Requirements:
Overview of Interior Features
(2) rear area workstations: Primary and Secondary (exact positioning of each to be determined by Pasadena PD), storage drawers/cabinets, aluminum overhead cabinets, LED interior ceiling lighting with intensity controls, adjustable under-cabinet lights above each workstation, magnetic Dry Erase boards on curbside wall and both rear doors, electrical outlets and USB-A/C accessory device charging outlets in rear workstation areas for computers and additional devices. Interior colors shall generally be in shades of grays, charcoal and black trim where applicable. Final color determinations must be approved by the Pasadena Police Department in advance.
Front Cab Area
Front cab area: Ford factory console between seats. Provisions to install a Police Motorola APX8500 mobile radio control head to be mounted in this area. Provisions for installing the Motorola APX8500 radio deck/chassis shall also be installed nearby where space permits. Must include all necessary brackets/cabling and must be installed so as to provide easy access for service/programming.
Whelen emergency equipment controller installed within proximity to driver’s position.
Blackout privacy curtain(s) between front cab area and rear workstation area. Material and construction must be sturdy and meet applicable California State Fire Marshall requirements for fire retardancy.
Fluid capacity plate/label in doorsill area.
Overall height/length/GVWR plate/label on dashboard, visible to driver.
Electrical: AC electrical outlets with USB & USB-C power/charging inputs for accessory device charging, conveniently accessible to driver & passenger in front cab area. Outlet not to be connected to any installed equipment, including UPS or backup power.
Rear Workstation Area
LED interior ceiling lighting with intensity controls.
Electrical equipment cabinet in rear work area with exposed, illuminated switches/controls for generator, hour-meter, master interior light switch, electric curbside awning if applicable. Also to contain labeled breaker switches and other electrical components & accessories inside cabinet as appropriate.
Whelen controller box (installed where space permits, protected, accessible for service).
Rear interior floor covering: Heavy duty van flooring, medium gray, Flooring shall be continuous and flat, one-piece full length, full width, no seams. Rhino-type floor covering is also acceptable.
(2) All-black armless mesh multi-adjustable task chairs for workstations. Heavy duty straps or cords installed at each chair location under counter desktop to secure each chair in place for travel.
Long countertop surface along the street side for two seated workstations. No sharp edges or corners. All pass-through holes shall be properly grommeted.
Both workstations to have (1) wall-mounted monitors as follows: Samsung 27” monitors, model S40GD Business Monitors, wall-mounted under overhead cabinets and higher level to allow for open laptop operation on the workstation countertop. Connected to Getac laptop docking station for use with Getac laptops. Exact mounting locations on streetside interior wall TBD by Pasadena Police Department. Total – (2) monitors.
Electrical outlets per each of two rear workstations: (4) AC outlets, (2) USB & (2) USB-C power/charging inputs for accessory device charging. Outlets not to be connected to any installed equipment, including UPS or backup power.
Curbside fold-down padded heavy-duty soft vinyl cushion bench seat with matching padded stationary backrest. Internal foam shall be firm density. Bench seating material must meet Federal Motor Vehicle Safety Standards part 571.302 Flammability of Interior Materials.
C-Tech or equivalent all-aluminum cabinets above workstations, with magnetic Dry Erase covers. All cabinets shall be aluminum material or equivalent, no wood cabinetry.
Radius edging incorporated on all overhead cabinets. Gas spring lift supports on overhead cabinet doors.
Individually controlled and intensity-adjustable under-cabinet LED lighting for both rear area workstations.
Interior walls in rear areas to be carpeted (matching interior gray color scheme) for additional sound deadening.
Install Magnetic Dry Erase boards on curbside wall above folding bench seat and on inside of both rear doors. Add magnetic “cup” to hold Dry Erase markers, erasers.
Apply FRP (fiberglass reinforced plastic) material on streetside wall surfaces in rear area, adjacent sides of Samsung monitors, to maximize Dry-Erase marker writing areas for workstation operators.
Tie down D-rings or similar in the rear area (minimum of 6 rings), both sides, for securing/transporting large CNT equipment. Provide additional straps/tie-downs to secure CNT equipment. All tie-down hardware such as the D-rings should be flat, flush or recessed to protect from catching or trip hazards.
Interior combination smoke/carbon monoxide sensor/alarm.
TWO 5-pound dry chemical fire extinguishers, conveniently/visibly mounted, one front area & one rear area.
First-aid kit, conveniently/visibly mounted.
Note:
CNT cables, reels, throw-phone to be provided by Pasadena Police Department.
All interior materials shall be of the highest quality material available. All screws shall be stainless steel. Final interior color determinations must be approved by Pasadena PD in advance.
All electrical circuits and appliances shall conform to applicable U.S. national electrical codes, requirements and recommendations.
Technology/Communication Radios
Workstation Area Computer Provisions:
(2) Getac DS100 USB-C Docking Stations with AC Adapter (or equivalent), all related cabling for mouse, wall monitor connection, AC outlet power, etc. Docking stations shall be mounted on streetside wall near each workstation position, with easy access to docking station wire/cable connection ports. Electrical outlets should also be within proximity to docking station mounting position. Note: Workstation operators to provide individual assigned Getac laptops to connect to docking stations during deployments.
Add Printer: Brother PocketJet 8 PJ-823 mobile printer. Ability to connect to either rear area workstation computer/docking system or any computer via USB-C.
Computer Monitors:
(2) Samsung 27” monitors, model S40GD Business Monitors, wall-mounted, one for each workstation position. Exact mounting locations on streetside interior wall TBD by Pasadena Police Department.
Provisions for Motorola APX8500 Mobile Police Radio (front cab area for driver/passenger): All hardware and cables, including but not limited to, brackets, mounts, power and coax cables, low-profile antennas, for the APX8500 shall be installed by the upfitter. Install all mounting/installation provisions for customer-provided Motorola APX 8500 mobile radio deck and control head. The Pasadena Police Department will receive the vehicle ready to install the radio transceiver chassis deck and control head, and to connect all cables. Additional details:
Vendor to install provisions for Motorola APX8500 03-type control head, to be installed in front area by Pasadena PD, between driver & passenger seats. Include all cabling, appropriately labeled. Motorola transceiver deck and 03 control head shall be provided and installed by the Pasadena Department of Information Technology (DoIT) as mentioned above.
Install Egis Mobile Electric 5201-2001PT Series Power Tamer VS, 30A, 12VDC for APX8500 mobile radio wiring in front cab area.
Install 2 Motorola APX Vehicular Adapters (VA) (Motorola item No. NNTN8527) for compatibility with APX8000 portable radio, in rear workstation area, preferably on the wall between the two workstation positions. Include handheld palm microphone and external 7.5 watt speaker. The VA speaker may be mounted under overhead cabinet facing downward between workstation positions.
Tri-band breakaway external roof mount antennas for APX8500 mobile radio & APX Vehicular Adapters. Tri-band VHF/UHF/800 MHz, GPS receiver, data.
Magnetic Mic microphone holders for Motorola radio equipment and PA microphone. No hook-style mic holders.
Starlink Mini X Kit. Complete installation kit with router, antenna and mount to provide WiFi connectivity for CNT personnel. Connects to 128 devices.
11.4. Delivery Requirements
The vendor shall adhere to the following delivery requirements:
Delivery Timeline: The cargo van must be delivered within 120 days from the date of the award of the contract.
Delivery Location: The vehicle shall be delivered to the Pasadena Police Department located at 207 N. Garfield Avenue, Pasadena, CA 91101.
Documentation: The vendor must provide the following upon delivery:
Proof of ownership and title for the vehicle.
A detailed invoice highlighting the final costs, including any applicable taxes and fees.
All required compliance and safety certification documents for the state of California.
11.5. Federal Requirements
Procurement must follow Federal Procurement Standards listed in the Uniform Code of Federal Regulations (2 CFR 200.317-200.326)
Grant FAIN# EMW-2022-SS-00043-S01, CFDA # 97.067
Contractor must be registered with SAM.gov
Vendor must be in good standing and not suspended or debarred throughout the entire course of project
Awarded cargo van vendor shall provide a Performance Bond per federal grant requirements
Awarded upfitting vendor (if different) shall provide a Labor & Materials Bond per federal grant requirements.
12. Bidder's Proposal
To the Honorable City Council of the City of Pasadena, California
In response to the Notice Inviting Bids for Purchase and Upfitting of Ford Transit Cargo Van the undersigned proposes and agrees to furnish the required material in strict conformity with the general and detailed specifications and data on manufacturer’s data sheets and/or exceptions made part of the bid and accepted by the City in writing.
INSTRUCTIONS:
Each bidder must bid on all items shown in the Bidder’s Pricing Table. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected.
The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935.
Instructions:For each Item, please multiply the Unit Price by the corresponding Quantity to determine the Item Price. Sum the Item Prices to determine the Item Total. Sum the Item Total and the Sales Tax to determine the Grand Total Price.
All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing. All required attachments in the #Bidder's Submittals/Checklist must be completed and uploaded electronically into City's eProcurement Portal. prior to the set bid date and time in the #Notice Inviting Bids.
This project may be split into distinct awards for Group One vehicle production and Group Two upfitting. Final award will be based on lowest price bid(s) by responsive and responsible vendor(s).
GROUP ONE: 2026 Ford Transit Cargo Van
Export This Table
Line Item
Description
Quantity
Unit of Measure
Unit Cost
Total
No Bid
1
2026 Ford Transit Cargo Van (as specified) [*]
1
each
2
Tire Fee
1
each
Sales Tax (@ 10.5%)
$0.00
Total
$0.00
Columns
[*]
Denotes item is taxable
GROUP TWO: Upfitting of 2026 Ford Transit Cargo Van
Export This Table
Line Item
Description
Quantity
Unit of Measure
Unit Cost
Total
No Bid
3
Upfitting of 2026 Ford Cargo Van (as specified)
1
each
Total
$0.00
Columns
13. Sample Contract
TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT
https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf
Contract Duration
The initial term of the contract resulting from these Specifications shall be for one year from the date of execution by the City. No optional extension periods will be included with this contract.
Purchase Order Contract Form
The attachment titled “Purchase Order Contract Cover Page & Acceptance of Terms and Conditions” is provided for reference and establishes the standard contractual terms that will govern any purchase order issued as a result of this solicitation. By submitting a bid, the bidder acknowledges and agrees that these terms and conditions will apply to any resulting purchase order unless otherwise approved in writing by the City. The successful bidder may be required to execute the cover page acknowledging acceptance of the terms and conditions. Acceptance of a City purchase order, shipment of goods, provision of services, or receipt of payment shall constitute acceptance of these terms and conditions.
14. Attachments
A - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2
B - FAITHFUL_PERFORMANCE_BOND_FORM
C - Emergency FEMA TC
D - Disclosure of Lobbying Activities
E - Federal_Required_Certification (4)
H - Unique Entity ID (SAM)
15. Submittal Instructions
15.1. Early Preparation for Submission
We value your participation in this solicitation and want to ensure you have every opportunity to present your response in the manner instructed in this solicitation. It is important that you submit a complete response prior to 3:00 pm on Thursday, July 30, 2026 through this eProcurement portal. We strongly advise against waiting to within the last three days of the submittal deadline to begin working on your response. Starting early on your response increases time to:
Thoroughly review all requirements and the entire solicitation document.
Gather, organize, and complete the necessary documents for submittal.
Address any unforeseen technical issues that may arise during the preparation or submittal of your response.
Delaying your response may result in errors, or can cause you to miss the submission deadline. Either of which can negatively impact your submittal or cause your submittal to not be accepted.
15.2. Training Resources for Vendors:
Screen Shots:
Instructions for the new eProcurement System: The following link will help you Get Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.
All Video Guides: OpenGov Procurement Vendor Training
New Supplier Account
Submit a Bid or Proposal
Updating Your Company Designation on a Solicitation
Vendor Selection of Category Codes
How To Subscribe To Organizations And Find Active RFPs & Bids
Login Process
How to Edit or Withdraw your Proposal after it's been Submitted
How to Submit a Question
Viewing Bid Results
Video Trainings
15.3. OpenGov Technical Support
Technical support for an eProcurement system plays a vital role in ensuring smooth operations. You can call or email technical support using the information below.
Phone: (650) 336-7167
Email: support@support.opengov.com
Issue Log: https://opengov.my.site.com/support/s/contactsupport/incident
Live Chat: Click on the circle blue icon at the bottom right of the screen.
15.4. Internet Access
The City cannot guarantee that equipment involved in Solicitation Submission will be available to provide information or receive transmittals. It is your responsibility to ensure that you have current information and that your Submission is received as instructed in this solicitation complete and prior to the deadline. The City is not responsible for the confidentiality of information transmitted over the Internet.
It is the Respondent's responsibility to review your status in our eProcurement system and update your contact information and notification preferences accordingly.
The City does not recommend waiting until the last two days to start preparing or submitting your response.
15.5. Electronic Submission and Delivery Instructions
Parties interested in responding are required to submit electronically through the City of Pasadena's eProcurement Portal prior to 3:00 pm, Thursday, July 30, 2026. Please upload all required documents as instructed in the section named Submittals/Checklist sufficiently early electronically through the city's eProcurement Portal before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.
The Specification or Scope of Work included in this Notice shall be considered part of any contract made pursuant thereunder.
15.6. Withdrawal of Proposal
Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 3:00 pm on Thursday, July 30, 2026.
15.7. City Changes to the Solicitation Documents
The City reserves the right to change any part of these Instructions and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda and will become a part of the bid documents and of the contract. Addenda shall be made available to each Bidder or Proposer. A Bidder's or Proposer's failure to address the requirements of the addenda may result in the response not being considered. If the City determines that a time extension is required for the bid, the addenda will give the new submission date.
Addenda shall be acknowledged via the City'seProcurement Portal for the project named "Purchase and Upfitting of Ford Transit Cargo Van." Project ID: 2026-IFB-MS-0352. Bidders or Proposers can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there is a section for "Addenda Confirmation" where Bidders or Proposers must acknowledge each addenda released.
15.8. Deadline for Questions
The deadline to submit questions related to this solicitation is Tuesday, July 14, 2026, prior to 3:00 pm.
Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.
15.9. Follow these simple steps to submit your proposal electronically:
If you are already registered and need help logging in or retrieving your user information utilize the blue chat bubble visible on the lower right hand corner of the screen.
Click on the hyperlink for the City's eProcurement Portal to create your vendor profile.
Electronic Submission of Bids
All Proposers are required to submit their bid pricing electronically via the city's eProcurement Portal. The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. In addition, your bid must be submitted via the eProcurement Portal.
Proposers are responsible for submitting and having their bid accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: It is the Proposer's sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The City will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.
Upon closing of the Bid, Bid Results will be available on the City's eProcurement Portal.
In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.
Steps to Submit Your Electronic Proposal:
To submit an offer to the City, vendor must begin by clicking on the green DRAFT PROPOSAL button.
https://procurement.opengov.com/portal/pasadena/projects/272335
1. Acknowledge all Addenda
2. Accept City of Pasadena Terms and Conditions Message
3. Answer all required vendor questions.
4. Upload all required forms. Proposer may save their work and return.
5. Review your work and submit proposal when ready.
6. You will receive a confirmation email from OpenGov upon receipt of your bid/proposal.
7. Proposer may withdraw their bid at any time prior to 3:00 pm on Thursday, July 30, 2026.
Note: If an addenda is issued after a response has been submitted, Proposer or bidder must return to take steps below. Failure to do both steps will result in an invalidated offer.
1- Acknowledge the new addenda; and
2- Resubmit your bid through the City's eProcurement Portal.
Do Not upload a Zip File: Unzip Your Files
Note: If your files are [zipped or] in a zip folder, you may need to unzip the files before uploading. The following instructions may be helpful to do so.
Open File Explorer, and find the zipped folder.
To unzip the entire folder, right-click to select Extract All, and then follow the instructions.
To unzip a single file or folder, double-click the zipped folder to open it. Then, drag or copy the item from the zipped folder to a new location.
15.10. Vendor Registration Instructions & Customer Service information:
Click here to register onto the City's eProcurement Portal hosted by OpenGov.
If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.
Customer Service
For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.
Monday through Friday 5 am - 5 pm PST, except statutory holidays-- response time is typically less than ten minutes.
15.11. Surety2000 Instructions
If a bid bond is required, below are instructions for utilizing Surety2000 to submit an electronic bid bond.
Video Trainings:
How a Contractor Registers with Surety2000: https://drive.google.com/file/d/1SCj8obRykze8hIIrG84yYD5Wbod7ZQuR/view
How to Create a Bond: https://drive.google.com/file/d/1_ZphPelkFAhVhYhUdpKU1sC1xpNjVnf3/view
How to Sign the Bond: https://drive.google.com/file/d/1wT3UVU-hiecfocwAOwaAh9rP93mKQ-9P/view
Bid Bond Instruction:
Bidders must provide all required information for the City to verify the bond with their bid. The bond must meet the following requirements and characteristics: Bid security in the amount of five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract with the required insurance documentation, submit the Construction & Demolition Waste Management Plan, and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. Failure to return signed contract with all the attachments stated above may result in having the project awarded to the next lowest bidder.
Here is what bidders must provide to their bonding agent when trying to setup a bid bond for the City of Pasadena: The Project ID of the solicitation on which you are bidding. Your Contractor Vendor ID which is your Federal Tax ID or it’s equivalent. Both fields are required for validation. If you are having trouble finding these ID’s, please contact Surety2000 at 1-800-660-3263 or email help@surety2000.com
16. Bidder's Submittals/Checklist
1. Acknowledgements
1.1. Acknowledgement*
By submitting this bid the proposer hereby certifies under penalty of perjury of the laws of the State of California that all representations made in the documents that comprise the proposal for Purchase and Upfitting of Ford Transit Cargo Van due on Thursday, July 30, 2026 are true and correct to the best of my knowledge at the time of the proposal’s submission.
By confirming, the bidder is acknowledges the following:
We have reviewed and agreed to all of the documents contained in this solicitation and understands that the City will not be responsible for any errors or omissions on the part of the vendor in making up this bid or proposal.
The representations herein are made under penalty of perjury.
We hereby offer to sell the City of Pasadena the materials, products, and/or services at the prices shown and under the terms and conditions included hereon or attached or referenced.
Please confirm
*Response required
1.2. Prices must be valid for 180 days*
Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and eighty (180) calendar days from the date of opening bids, or until rejected by the City, whichever occurs first.
Please confirm
*Response required
1.3. Confirmation, if You are the Recommended Company*
Subsequent to the closing of this solicitation, but prior to contract award, the recommended vendor will be required to provide the following documents within 10 calendar days of being notified, otherwise the submitted proposal may be deemed non-responsive.
Please confirm that you will provide the following per these instructions.
Request for Taxpayer Identification Number and Certification (IRS Form W-9)
Pasadena Business License (if required)
Any Required Licenses or Certifications
All Insurance Requirements in this Solicitation (IF REQUIRED)
Please confirm
*Response required
2. Forms
2.1. Does your company have any Contracts with the U.S. Department of Homeland Security?*
Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)
Disclosures:
Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:
DHS agency or sub-agency (if applicable)
General description of services
Whether data-sharing with third parties is involved
If no such relationships exist, respondents may indicate “No.”
Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.
Yes
No
*Response required
When equals "Yes"
2.1.1. Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)*
Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)
Disclosures:
Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:
DHS agency or sub-agency (if applicable)
General description of services
Whether data-sharing with third parties is involved
If no such relationships exist, respondents may indicate “No.”
Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.
DHS_Contract_Disclosure_Form.xlsx
*Response required
2.2. AA1; AA2; AA3; Signature & Legal Status; and Declaration of Non-Collusion*
If your submittal does not include all of the below items, it may be deemed non-responsive.
Each Bidder must submit a completed Form AA-1. Failure to submit this form may result in automatic disqualification. (Copy attached)
Form AA-2 is required to be submitted for projects involving labor or services in excess of $25,000. (Copy attached)
Form AA-3 is Optional. (Copy attached)
A completed and signed "Declaration of Non-Collusion." (Copy attached)
Signature Page and Legal Status (Copy attached)
REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION_08022024_v2.pdf
*Response required
2.3. Specification Sheet*
To be considered for the award of this contract, respondents must submit an itemized specification sheet of the vehicle.
*Response required
3. Federal Requirements
3.1. Disclosure of Lobbying Activities*
Please download the below documents, complete, and upload.
Disclosure_of_Lobbying_Activities.pdf
*Response required
3.2. Federal_Required_Certification*
Please download the below documents, complete, and upload.
Federal_Required_Certification_(4).pdf
*Response required
3.3. Unique Entity Identifier*
Please download the below documents, complete, and upload.
Unique_Entity_ID_(SAM).pdf
*Response required
