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<br />Non-Professional Services Agreement between 07/01/2025 <br />City of San Leandro and Pencco, Inc—Exhibit D Page 6 of 16 <br />2.16 Method of Award <br />Bids may be awarded to the lowest responsive and responsible bidder meeting the specifications for bulk <br />loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated <br />annual quantity for each participating BACC agency by the bid price for their region and adding up the <br />aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest <br />overall cost to the participating agencies as a group will be determined by BACC to be the low bid, <br />assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. <br />BACC has the right to delete terms or options from the bid contract documents and reserves the right to <br />reject any and all bids and to waive irregularities in said bids. The following is a non-exhaustive list of <br />criteria that BACC may, in its sole discretion, consider in award of the bid: <br />a. Unit cost of the chemical <br />b. Product specifications <br />c. Warranties or standards of quality <br />d. Capabilities to deliver product throughout the contract term <br />e. Bidder’s reputation, competency, and previous customer service record <br />f. Third party hauling company’s reputation, competency, and previous customer service record <br />(if applicable) <br />g. Fully executed non-collusion affidavit <br /> <br />2.17 Disqualification of Duplicate or Collusive Bidders <br />More than one bid proposal from an individual, a firm or partnership, a corporation or an association <br />under the same or different names will not be considered. Reasonable grounds for believing that any <br />bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which <br />such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and <br />all bids may be rejected. Bidders must execute and submit with their bid the Non-Collusion Affidavit <br />included in the bid document. <br /> <br />2.18 Identical Bids <br />In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to <br />award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in <br />paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as <br />short load adders, will be used to determine the lowest responsive bidder. If considering additional costs <br />as described in the “Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders <br />quote identical short load adder prices), then any exceptions or conditions described in the “Specific <br />Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails <br />to produce a winning bidder, then BACC will draw lots by placing the names of the tied bidders in a hat <br />and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the <br />tied bidders will be invited to attend and witness the drawing. <br />Docusign Envelope ID: B72AF0D0-C77A-4A6B-8727-4C891D248F6D