0._Request_For_Proposal_SD23-00097.pdf

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

REQUEST FOR PROPOSAL

Proposal Number: SD23-00097

The California Department of Corrections and Rehabilitation (CDCR), hereafter referred to as the State, is inviting responses to this Request for Proposal (RFP) entitled “On-site Dialysis Services.”

In accordance with the California Government Code and Americans with Disabilities Act (ADA) requirements, this can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this RFP in the specified format or to request a different format, please contact the person identified below.

Kayla Jennings, Proposal Representative Phone: (916) 691-6866

Kayla.Jennings@cdcr.ca.gov California Relay Service: 1-800-735-2929 mailto:Kayla.Jennings@cdcr.ca.gov

California Department of Corrections and Rehabilitation (CDCR)/ California Correctional Health Care Services (CCHCS)

Request for Proposal for On-site Dialysis Services

Table of Contents___________________________________________________________

1 INTRODUCTION AND OVERVIEW

1.1 Request for Proposal (RFP) Purpose

1.2 Proposal Process

1.2.1 Bidder’s Responsibilities:

1.3 Scope and Bidder Admonishment

1.3.1 Solicitation Objectives

1.4 Availability

1.5 Proposal Representative

1.6 Key Action Dates

1.7 Adobe Acrobat Version

1.8 Dialysis Treatment Services Program Operations Tours

2 RULES GOVERNING COMPETITION

2.1 Identification and Classification of RFP Requirements

2.1.1 Mandatory Requirements

2.1.2 Desirable Items

2.1.3 Contract Requirements

2.1.3.1. Third Party Beneficiary

2.2 Bidding Steps

2.2.1 Preparation of Proposals

2.2.1.1 Bidder Questions

2.2.1.2 What to Include in a Question

2.2.1.3 Question Deadline

2.2.1.5 Oral Questions

2.2.2 Bidders’ Conference

2.2.3 Bidder’s Intention to Submit a Proposal

2.2.4 Bidder’s Interviews

2.3 News Releases

2.4 Disposition of Proposals

2.5 Data Library

2.6 Reasonable Accommodation

2.7 Limitation of State Liability

2.8 Funding Reductions in Subsequent Budget Years

2.9 Competitive Bidding and Proposal Responsiveness

3 BUSINESS AND QUALIFICATION REQUIREMENTS

3.1 Compliance with Contract Terms and Conditions

3.2 Qualification Requirements

3.2.1 Experience Requirements

3.3 Entity Documents

3.3.1 Minimum Business Requirements

3.3.2 Proof of Corporate Status

3.3.3 Proof of Nonprofit Status

3.3.4 An Organization Chart

3.3.5 Financial Statements

3.3.6 Staff Résumés

3.3.7 Subcontractor/Contractor Résumés

3.3.8 Subcontractor/Contractor Letters of Agreement

3.3.9 Conflict of Interest

3.3.10 Past Business Practice

3.4 Contractor Contract Disclosure

4 SPECIFICATIONS AND SCOPE OF WORK

4.1 Specifications

4.1.1 Contractor’s Dialysis Equipment/Maintenance Report

4.1.2 Cancellation of Dialysis Equipment/Maintenance

4.1.3 Invoicing and Payment

4.1.4 Prohibition on Advance Payments

4.1.4.1 Rates and Cost

4.2 Scope of Work

5 ADMINISTRATIVE REQUIREMENTS

5.1 Cover Letter

5.2 Letter of Intent to Bid

5.3 Bidder’s Responsibilities

5.3.1 Permits

5.4 Insurance Requirements

5.5 Certification to Do Business in the State

5.6 Payee Data Record

5.6.1Taxpayer Federal Employer Identification Number

5.7 Confidentiality of Information

5.8 Subcontractor(s)/Contractor(s)

5.9 Disabled Veteran Business Enterprise Participation Program

5.10 Bidding Preferences

5.10.1 Small Business

5.10.1.1 California Certified Small Business Subcontractor

5.10.1.2 Non-Profit Veteran Service Agency (NVSA) Small Business Preference

5.12 General and Special Terms and Conditions and Additional Provisions

5.13 Darfur Contracting Act

5.14 Iran Contracting Act

6 MANDATORY SUBMITTALS

6.1 Submittal Checklist

7 COST PROPOSAL

7.1 Costs for the Submission of Proposals

7.2 Bid Rate Sheet (Exhibit B-1)

7.3 Rate Calculations

7.4 Discounts

7.5 Certificate of Independent Rate Determination

8 PROPOSAL FORMAT

8.1 Proposal Requirements

8.1.1 Assembly of Narrative Proposal

8.1.2 Preparation

8.1.3 Content Requirements

8.2 Submitted Proposal

8.2.1 Submission of Proposal

8.2.1.1 Proposal Responsiveness

8.2.1.2 False or Misleading Statements

8.2.1.3 Proposal Signature

8.2.1.4 Delivery of Proposals

8.2.1.5 Proof of Timely Receipt

8.2.1.6 Withdrawal and Resubmission/Modification of Proposals

8.2.1.7 Changes in Proposals

8.2.1.8 Clarification of Proposal

8.2.1.9 Flawed Proposals

8.2.1.10 Confidentiality

8.3 Rejection of Proposals

8.3.1 General

8.3.2 Evaluation Questions

8.4. Errors in the Proposal

8.4.1 CCHCS’ Rights

8.5 Do Not Mark Your Offer Form with Exceptions nor Add Alternative Boilerplate

8.6 Contract Terms and Conditions

8.7 Incorporation of RFP and Proposal in Contract

8.8 Elimination of Individual Line Items

8.9 Effective Dates of Offer

8.10 Proprietary Proposal Material

8.11 Bidder’s Responsibility to Examine Documents

8.11.1 Bidder’s Responsibility to Provide Full Response

8.12 Communications

8.13 Proposal Disposition

8.14 Indemnification

9 EVALUATION PROCESS

9.1 Repeat of Evaluation Steps

9.2 Points of Clarification

9.3 Responsiveness and Responsibility

10 AWARD AND CONTRACT EXECUTION INSTRUCTIONS

10.1 Protests and Complaints

10.2 Instructions to the Successful Bidder

10.4 Contract Award

10.4.1 Notification of Notice of Intent to Award

10.4.2 Settlement of Ties

10.5 Complete Integration

10.6 Severability

10.7 Protests of Award

10.7.1 Who Can Protest

10.7.2 Grounds for Protests

10.7.3 Protest Timelines

10.7.4 Submitting a Protest

Hand Delivery Mail Delivery

10.8 Exhibits

10.9 Forms

10.10 Insurance Requirements

Index of Required Attachments

Attachment # Attachment Name Attachment 1 Proposal Cover Page (located in Section 8.1.3.A. of the RFP) Attachment 2 Acord Certificate of Liability Insurance Sample Attachment 3 Voluntary Statistical Data Sheet Attachment 4 Contractor Certification Clauses (CCC 04/2017) Attachment 5 Payee Data Record (STD.204) Attachment 6 Supplement Vendor Payee Data Record Form Attachment 7 Darfur Contracting Act Certification (CCHCS MC-394) Attachment 8 Iran Contracting Act Certification (CCHCS MC-323) Attachment 9 Standard Agreement (STD.213) Sample Attachment 10 Subcontractor/Contractor List (CCHCS MC-391) Attachment 11 Customer Reference Questionnaire (CCHCS-MC-415) Attachment 12 Conflict of Interest Compliance Certificate (CCHCS MC-412) Attachment 13 Disabled Veteran Business Enterprise (DVBE) Participation in Exempt

Contracts (CCHCS MC-1786) Attachment 14 Non-Small Business Subcontractor Preference Request (CCHCS MC-392) Attachment 15 Small Business Subcontractor/Supplier Acknowledgement (CCHCS MC-393) Attachment 16 Commercially Useful Function (CUF) Certification (CCHCS MC-345) Attachment 17 Bidder Certification (CCHCS MC-333) Attachment 18 Non-Collusion Declaration (CCHCS MC-379) Attachment 19 Declaration of Capacity to Provide Service (CCHCS MC-396) Attachment 20 Proposal Submittal Checklist (CCHCS MC-331A) Attachment 21 Contractor Contact Information (CCHCS MC-332) Attachment 22 California Civil Rights Laws Attachment (DGS OLS 04) Attachment 23 CCHCS Utilization Data Attachment 24 Letter of Intent to Bid Attachment 25 Confidentiality Agreement Form Attachment 26 GenAI Reporting and Factsheet (STD 1000)

Standard Contract Exhibits/Forms (See Section 10.8 in the RFP) Exhibit A Scope of Work Exhibit B Budget Detail and Payment Provisions Exhibit B-1 Rate Sheet Exhibit C General Terms and Conditions (GTC 04/2017) Exhibit D Special Terms and Conditions & Additional Provisions Exhibit F Definitions Exhibit G HIPAA Business Associates Agreement Exhibit H List of Participating CDCR Institutions Exhibit J California State Institutions Map

1 INTRODUCTION AND OVERVIEW

1.1 Request for Proposal (RFP) Purpose

In this RFP SD23-00097 for on-site dialysis services, the California Department of Corrections and Rehabilitation/California Correctional Health Care services (CDCR/CCHCS)1 is requesting proposals for on-site dialysis services at California Health Care Facility (CHCF), Richard J.

Donovan Correctional Facility (RJD), San Quentin Rehabilitation Center (SQ) and Wasco State Prison (WSP). CDCR will be the named party of the resulting Agreement. The objective of this initiative is to obtain on-site dialysis services, including all associated equipment, maintenance, supplies, and dialysis treatment staff, for patients assigned to CHCF, RJD, SQ, and WSP. The bidder shall establish rates for services provided to patients that are comparable with those in the commercial marketplace. This RFP requires the Contractor to provide all medications, dialysis equipment, materials, supplies, and every other item of expense necessary to provide on-site dialysis services. Contractor shall ensure all necessary equipment be installed and in good working condition prior to the commencement of dialysis services at CHCF, RJD, SQ, and WSP.

The Agreement term shall be the period of December 10, 2024 or Upon Approval through December 9, 2027. CCHCS will have the option of extending this Agreement for up to two (2) optional one (1) year extensions, through December 9, 2029.

The selected bidder (Contractor) will work closely with CCHCS medical staff to implement a no later than ninety (90) calendar day dialysis transition plan with the current provider to prevent any interruption to dialysis services at the institutions and to address staff orientation and any needed knowledge transfer activities, making certain that the transition neither disrupts patient care, nor delays dialysis services from commencing. The dialysis treatment staff to be provided by Contractor at each institution shall include a Facility Administrator (FA), Registered Nurse (RN), certified Hemodialysis Technician (CHT), Licensed Clinical Social Worker (LCSW), and a Registered Dietician (RD).

The Contractor agrees that, unless otherwise noted herein, all expenses associated with travel to and from the institution(s), lodging, and all training expenses, such as continuing dialysis education for dialysis treatment staff, shall be borne by Contractor and will not be reimbursed by CCHCS. Any services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

The Contractor shall provide proof of transfer or purchase of the dialysis equipment (including the existing Reverse Osmosis (RO) water treatment system equipment) currently in place at CHCF, RJD, SQ, and WSP. Since a new RO water treatment system can take up to three (3) months to build to specifications, the Contractor shall implement the transition plan at CHCF, RJD, SQ, and WSP within one week following the effective date of the Agreement, and complete the transition plan no later than ninety (90) calendar days from the start of the agreement. After installation of the RO equipment at CHCF, RJD, SQ, and WSP; water quality testing and cultures as regulated by Center for Medicare and Medicaid Services Conditions for Coverage dated October 2010 (or most current revision date available) will be required for four (4) consecutive weeks and a California Department of Public Health (CDPH) survey will be required. Contractor shall keep and maintain on-site at each institution: logs and documentation to show Contractor staff understanding of policy and procedure, readiness to deliver safe quality patient care, and ability

1CCHCS is the area of CDCR responsible for medical, dental, and mental health care for California’s adult state prison.

For convenience, the term “CCHCS” is used throughout this RFP to describe the portion of CDCR that is responsible for the provision of medical, mental, and dental health care. Where the context suggests, references to “CCHCS” may also be synonymous with “CDCR.”

to pass CDPH inspection when all equipment is installed and prepared for CDPH initial survey for licensing.

1.2 Proposal Process

This proposal process, including all communications with Bidders, will be conducted by CCHCS under the provisions of Public Contract Code Sections 10100-10490, and CCHCS will administer any resulting Agreement. Proposals will be evaluated and awarded to the responsible bidder earning the total highest score. Bidders must carefully read RFP Section 9 Evaluation Process, to ensure an understanding of the evaluation process. The Agreement term will be three (3) years with up to two (2) optional one (1) year extensions at the sole option of the State, for a total Agreement period of five (5) years to account for the transitional periods. The State estimates the bidding process will take approximately three (3) to four (4) months to complete.

This proposal process is also conducted in compliance with the Americans with Disabilities Act (ADA) of 1990. In accordance with 42 United States Code, Section 12101, et seq., this RFP can be made available in the specified format or to request a different format, please contact the Proposal Representative designated in Section 1.5.

1.2.1 Bidder’s Responsibilities:

A. Carefully read the entire RFP before submitting the proposal.

B. If clarification of the RFP is necessary, submit questions, in writing, per Subsection 2.2.1.2 in a timely manner as specified in Subsection 1.6 Key Action Dates to the noted CCHCS Direct Care Contracts Section (DCCS) Proposal Representatives designated in Subsection 1.5.

C. Meet all deadlines, including as listed in Subsection 1.6 Key Action Dates for any Bidder submissions or other actions related to this RFP.

D. Ensure all procedures and requirements of the RFP are accurately followed and appropriately addressed.

1.3 Scope and Bidder Admonishment

This RFP contains the instructions governing the requirements for a complete and binding proposal to be submitted by a bidder. This RFP addresses the requirements that bidders must meet in order to be eligible for consideration, as well as addressing the selected bidder’s responsibilities before, during and after commencement of the operational phase. To increase the likelihood that proposals will address all of program’s needs for dialysis equipment, maintenance, supplies and staff, this proposal process may include a bidders’ conference and bidders site visit tour of a selected CDCR institution.

1.3.1 Solicitation Objectives

CCHCS expects to achieve the following outcomes through this proposal:

A. To obtain timely on-site dialysis services, including all associated equipment, maintenance, supplies, for patients assigned to CHCF, RJD, SQ, and WSP;

B. To provide CHCF, RJD, SQ, and WSP with a contractor who has skilled dialysis treatment staff qualified and certified to perform comprehensive on-site dialysis treatment services;

C. To implement and complete transitional activities as provided in Exhibit A, Scope of Work and the RFP and facilitate a smooth transition of dialysis services at the beginning and end of the Agreement term;

D. To identify and contract with the best overall source for the subject services including but not limited to cost and value of the services;

E. To provide immediate response to the institutions’ concerns and issues;

F. To provide dialysis and RO equipment set up and maintenance;

G. To maintain sufficient and operational stock for immediate replacement of defective equipment;

H. To provide immediate notice to CCHCS of changes in Contractor’s personnel assigned to the institutions, and to promptly address and solve all service issues;

I. To build or have installed a RO water treatment system that meets specifications for the clinic that will house the dialysis service. After installation of the equipment, provide for water quality testing and cultures for four (4) consecutive weeks and a CDPH survey, which occurs after the completion of the water quality testing and cultures, before patients can begin receiving dialysis treatment services;

J. To have contractor continually train its staff consistent with expectations as provided in the RFP and Exhibit A, Scope of Work, which is needed as proof for licensing review; and

K. To sell on-site equipment to CCHCS at fair market value based upon manufacturing industry sales, if requested by CCHCS before the end of the Agreement term. If CDCR/CCHCS does not exercise the option to purchase installed dialysis equipment at fair market value, allow the newly awarded Contractor to either purchase Contractor’s existing dialysis equipment at fair market value or install their own dialysis equipment to be completed in its entirety no later than thirty (30) calendar days after contract award.

1.4 Availability

The Contractor shall have available all personnel, equipment and materials ready to begin work no later than ninety 90 calendar days of the Agreement effective date or upon transition completion. If the Contractor is the existing dialysis provider, all personnel, equipment and materials shall be available and ready to begin work by the Agreement effective date. If personnel offered by a Contractor are subsequently unable to provide services under this Agreement, including if deemed unacceptable by CCHCS, they must be replaced with equally qualified personnel who meet the Agreement requirements.

1.5 Proposal Representative

Correspondence, including questions, revisions to information involving the designated contact person, proposals, and other requests shall be sent via email to the Proposal Representative below or designee.

Kayla Jennings, Proposal Representative Email address: Kayla.Jennings@cdcr.ca.gov

1.6 Key Action Dates

Listed below are the key activities, actions, dates, and times by which the activities must be taken or completed for this RFP. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to the RFP. The dates with an asterisk (*), will be updated only by email notification to all responsive Bidders who submitted a proposal.

mailto:Kayla.Jennings@cdcr.ca.gov

Key Activity Date and Time

Release RFP September 20, 2024

Reasonable Accommodation September 27, 2024

Bidders’ Conference October 4, 2024

Deadline for Submission of Letter of Intent to Bid

October 8, 2024

On-site Dialysis Operations Tour October 8, 2024

Deadline for Submission of Questions October 15, 2024

Deadline for Response of Questions October 29, 2024

Deadline for Submission of Letters of Reference

October 17, 2024

Deadline for Submission of Proposals November 1, 2024

Bid Opening November 4, 2024

*Evaluation of Proposals Begins November 5, 2024

*Notification of Intent to Award November 18, 2024 Posted on Cal eProcure by 10:00 a.m. PST

*Deadline for Submission of Protest November 25, 2024

*Award Contract December 10, 2024 or Upon Approval

*Proposed Start Date of Agreement December 10, 2024

1.7 Adobe Acrobat Version

While this RFP is available electronically in Adobe Acrobat format, the official version is located on the California State Contracts Register, Cal eProcure website: http://www.caleprocure.ca.gov.

Bidders are cautioned that changing any RFP language in the bidder proposal, especially language pertaining to RFP requirements and the contract, is grounds for bidder disqualification.

1.8 Dialysis Treatment Services Program Operations Tours

A tour of CDCR’s on-site dialysis treatment operations will be arranged for bidders with the intent to provide an opportunity to observe day-to-day activities and to assist with understanding the current business processes and the impact of proposed solutions. A tour will be available to no more than two (2) individuals representing each bidder. Bidders are responsible for scheduling the on-site dialysis treatment operations tour(s) through the proposal representative. All on-site dialysis treatment operation tours are optional to bidders.

2 RULES GOVERNING COMPETITION

The purpose of competitive bidding is to secure public objectives in the most effective manner and avoid the possibilities of graft, fraud, collusion, and other unethical practices. Competitive bidding is designed to benefit the State and is not for the benefit of the bidders. It is administered to accomplish its purposes with sole reference to the public interest. It is based upon full and free bidding to satisfy State specifications, and acceptance by the State of the most effective solution to the State’s requirements as determined by the evaluation criteria contained in the RFP.

2.1 Identification and Classification of RFP Requirements

This section 2 of the RFP describes the bid process. Specific guidelines for the submission of a proposal are found in Section 8 Proposal Format.

2.1.1 Mandatory Requirements

The State has established certain requirements with respect to proposals to be submitted by prospective bidders. The use of “shall,” “must,” or “will” in this RFP indicate a requirement or condition which is mandatory. A deviation, if not material, may be waived by the State. A deviation from a requirement is material if the response is not in substantial accord with the RFP requirements, provides an advantage to one bidder over other bidders or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the bidder, or on the cost to the State. Material deviations cannot be waived.

2.1.2 Desirable Items

The words “should” or “may” in this RFP indicate desirable attributes or conditions but are non-mandatory in nature.

2.1.3 Contract Requirements

The selected bidder must adhere to all Exhibit C General Terms and Conditions, Exhibit D Special Terms and Conditions and Additional Provisions, and Contractor Certification Clauses (Attachment 4).

2.1.3.1. Third Party Beneficiary

Except as otherwise provided, nothing in the awarded contract shall be construed as giving any third party any right, remedy or claim.

2.2 Bidding Steps

Section 2.2 describes the bidding steps and information regarding Bidder questions.

2.2.1 Preparation of Proposals

Proposals are to be prepared in a clear, straightforward, concise delineation of the bidder’s compliance with the requirements of this RFP. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on compliance to the RFP instructions, responsiveness to the RFP requirements and on completeness and clarity of content. Before submitting each document, the bidder should carefully read the proposal for errors and adherence to the RFP requirements. Subsection 2.9 Competitive Bidding and Proposal Responsiveness, located at the end of Section 2, emphasizes the requirements of competitive bidding and contains examples of common causes for rejection of proposals. Bidders are encouraged to review the requirements and examples very closely.

2.2.1.1 Bidder Questions

Immediately notify CCHCS if clarification is needed regarding the services sought, or if questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Put the question in writing and transmit to CCHCS via email as instructed below in Subsection 2.2.1.4 by the deadline in Subsection 1.6 Key Action Dates. At its discretion, CCHCS reserves the right to contact a bidder to seek clarification of any question received.

Bidders that fail to report a known or suspected problem with the RFP and/or its accompanying materials or fail to seek clarification and/or correction of the RFP and/or its accompanying materials submit a proposal at their own risk. In addition, if awarded the contract, the selected bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission or error. If a prospective bidder reports a suspected or known problem or identifies language in the RFP that needs further clarification, CCHCS will post a summary of any issue presented and the response, on Cal eProcure website: https://www.caleprocure.ca.gov.

A prospective bidder desiring clarification regarding specific RFP requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a proposal may submit individual inquiries that are marked “Confidential.” The bidder shall include with its question an explanation as to the reason(s) it believes questions marked “Confidential” are sensitive or surround a proprietary issue. If a question appears to be unique to a single firm or is marked “Confidential,” CCHCS will email a response only to the bidder if CCHCS concurs with the bidder’s claim that the question is sensitive or proprietary in nature. If CCHCS does not concur, the question will be answered in the manner described herein and the bidder will be notified. Questions and/or responses that CCHCS agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted.

To the extent practicable, questions shall remain as submitted. However, CCHCS may consolidate and/or paraphrase similar or related inquiries.

2.2.1.2 What to Include in a Question

A. Bidder representative name.

B. Name of Firm.

C. Mailing address.

D. Email address.

E. Area code and telephone number.

F. A description of the subject or issue in question or discrepancy found.

G. RFP section, page number or other information useful in identifying the specific problem or issue in question.

H. Remedy sought, if any.

I. Format questions as follows:

RFP Reference Section Page Number Question

Use “General” for general questions. Use “RFP” if the question is about a section in the RFP. For questions regarding exhibits and attachments, identify the exhibit by letter and the attachment by number, i.e., “Exhibit A, Attachment I,” “Attachment 2,” etc.

Indicate the RFP section by number.

Include the number(s) or letter(s) of any subsection(s) or paragraph(s). Indicate the exhibit letter and identify any subsection(s) by number(s) or letter(s).

Example:

2.2.1.3 Question Deadline

Regardless of delivery method, written questions must be received no later than October 15, 2024 by 4:00 PM (DST). Notwithstanding the question submission deadline, CCHCS will accept questions about the reporting of RFP errors or irregularities if they are received prior to the proposal submission deadline.

2.2.1.4 How to Submit Questions

Questions concerning this RFP should be directed via email to the proposal representative.

Failure to submit question(s) to the designated person will result in the question(s) not being responded to by CCHCS. The proposal representative will coordinate written responses. The questions and responses will be posted to https://www.caleprocure.ca.gov.

https://www.caleprocure.ca.gov/

2.2.1.5 Oral Questions

Oral questions other than at a bidder’s conference or tour are discouraged. CCHCS reserves the right not to accept or respond to oral questions. Oral remarks provided in response to oral questions are unofficial and are not binding on CCHCS unless later confirmed in writing.

2.2.2 Bidders’ Conference

A joint bidders’ conference will be held via video conference, during which bidders will be provided the opportunity to discuss the content of the RFP and the bidding process with State personnel.

Bidders are encouraged to participate in the bidders’ conference. Notification of time and teleconference information will be provided by posting on https://www.caleprocure.ca.gov.

The State will accept oral questions during the teleconference and will make a reasonable attempt to provide oral responses prior to the conclusion of the teleconference. Questions and responses will be posted to https://www.caleprocure.ca.gov approximately five (5) business days after the bidders’ conference. If, in the State’s opinion, questions asked at the bidders’ conference or tour cannot be adequately answered during the discussion, responses will be posted to Cal eProcure.

Oral remarks provided in response to oral questions are unofficial and are not binding on CCHCS unless later confirmed in writing. A roll-call sheet will be provided to document attendance. The information from the roll-call sheet may be provided to interested parties.

2.2.3 Bidder’s Intention to Submit a Proposal

CCHCS requires a letter of intent to bid to inform CCHCS of the potential volume of bidders in advance of the bid deadline to assist CCHCS in assessing and monitoring the bid process and to ensure there are sufficient bidders in the market given the identified project requirements in the current solicitation. Bidders are required to file their intention to submit a proposal and submit a letter of intent to bid via email, to the proposal representative designated in Subsection 1.5. A sample letter of intent to bid is included in RFP Section 10, Attachment 24. The letter of intent to bid is non-binding, and potential bidders who submit a letter of intent are not required to bid.

CCHCS reserves the right to reject any potential bidders from participating in this proposal if a bidder does not submit a letter of intent to bid by the date specified in Subsection 1.6 Key Action Dates. If a bidder submits a late notice of intent to bid, a bidder must also file a statement of good cause for late filing the letter of intent to bid explaining the bidder’s reason for failing to submit the notice timely. Whether a bidder has established good cause in filing a late letter of intent to bid is in the sole discretion of CCHCS. CCHCS reserves the right to cancel any solicitation if, in CCHCS’s sole discretion, insufficient bidders have filed a letter of intent to bid by the key action date. Thus, all bidders who intend to bid are encouraged to file a letter of intent to bid on time.

2.2.4 Bidder’s Interviews

The CCHCS evaluation team may conduct confidential discussions with each bidder that submitted a proposal. Upon request of a confidential discussion, the bidder may bring to the discussion those persons who may be required to answer questions or commit to changes. The State will not make counter proposals to the bidder’s proposed solution to the RFP requirements, and will only identify its concerns, ask for clarification, and express its reservations if a particular requirement of the RFP is not, in the opinion of the State, appropriately satisfied. Oral statements made by either party during confidential discussions shall not be binding. Confidential discussions are not a right but rather are conducted at the sole discretion of CCHCS.

2.3 News Releases

News releases or any publications by a bidder relating to an Agreement resulting from this RFP shall not be made without prior written approval of the proposal representative.

2.4 Disposition of Proposals

Upon submittal, all proposals provided in response to this RFP are the property of the State of California/CCHCS and are subject to the California Public Records Act (PRA; Government Code

Section 7920, et seq.). Proposals will be returned only at the option of the State/CCHCS and at the bidder’s expense. At a minimum, the master copy of the proposal shall be retained for official files and will become a public record after the notification of intent to award is posted as specified in Subsection 1.6 Key Action Dates. However, materials the State considers in its sole opinion to be confidential information will be returned upon the request of the bidder.

Upon posting of the notification of intent to award, all documents submitted in response to this RFP and all documents used in the selection process (i.e., review checklists, scoring sheets, letters of intent, etc.) will be regarded as public records under the PRA and subject to review by the public. However, proposal contents, bidder correspondence, selection working papers, or any other medium shall be held in the strictest confidence until the notification of intent to award is posted.

2.5 Data Library

A data library will not be used for this proposal.

2.6 Reasonable Accommodation

CCHCS will provide services for individuals who require reasonable accommodation. To request such services or copies of written materials in an alternate format, please contact the proposal representative no later than September 27, 2024 to arrange for reasonable accommodations.

2.7 Limitation of State Liability

It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the contractor, or to furnish any other considerations under this Agreement, and the contractor shall not be obligated to perform any provisions of this Agreement.

2.8 Funding Reductions in Subsequent Budget Years

If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an Agreement amendment to the Contractor to reflect the reduced amount.

2.9 Competitive Bidding and Proposal Responsiveness

Competitive bidding is not defined in any single statute but is more in the nature of a compendium of numerous court decisions. From such court decisions, the following rules have evolved, among others:

A. The RFP must provide a basis for full and fair competitive bidding among bidders on a common standard, free of restrictions that would tend to stifle competition.

B. The State may modify the RFP, prior to the date fixed for Agreement award, by issuance of an addendum to all parties who are bidders.

C. To be considered a valid proposal, the proposal must respond and conform to the RFP, including all documents, which are incorporated therein. A proposal that does not literally comply may be rejected.

D. In order for a proposal to be rejected for a deviation, the deviation must be deemed to be of a material nature.

E. State agencies have the express or implied right to reject any proposals in the best interests of the State. Proposals cannot, however, be selectively rejected without cause.

F. Proposals cannot be changed after the time designated for receipt and opening thereof no negotiation as to the scope of the work, amount to be paid or contractual terms is permitted. However, this does not preclude the State from clarifying the bidder’s intent by asking questions and considering the answers.

G. A competitive proposal, once opened, is in the nature of an irrevocable option and a contract right of which the public agency cannot be deprived without its consent, unless the requirements for rescission are present. All proposals become public documents accessible in accordance with the California Public Records Act.

H. Proposals cannot be accepted “in part” unless the invitation specifically permits such an award.

I. Contracts entered into through the competitive bidding process cannot later be amended, unless the RFP includes a provision, to be incorporated in the contract awarded, providing for such amendment.

The State has received a number of proposals in the past which were deemed to be non-responsive to the requirements of an RFP or which could not be considered as valid proposals within the competitive bidding procedures. Non-responsive proposals or proposals which contain qualification statements or conditions must be rejected. Many of the causes for rejection arise from either an incomplete understanding of the competitive bidding process or administrative oversight on the part of the bidders. The following examples are illustrative of more common causes for rejection of proposals. These examples are listed solely to assist potential bidders in submission of responsive proposals and should not be considered an exhaustive list of reasons for rejection.

A. A proposal stated, “The rates stated within are for your information only and are subject to change.”

B. A proposal stated, “This proposal shall expire six (6) months following issuance of the Notification of Intent to Award unless extended in writing by the ____________ Company.”

(In this instance, award was scheduled to be approximately six (6) months following issuance of the Notification of Intent to Award.

C. A proposal for services contained plans of a duration shorter than that which had been requested in the RFP.

D. A proposal stated, “____________, in its judgment, believes that the schedules set by the State/CCHCS are extremely optimistic and probably unobtainable. Nevertheless, ____________ will exercise its best efforts….”

E. A proposal stated, “This proposal is not intended to be of a contractual nature.”

F. A proposal contained the notation “rates are subject to change without notice.”

G. A proposal was delivered to the wrong office.

H. A proposal was delivered after the date and time specified in the RFP.

3 BUSINESS AND QUALIFICATION REQUIREMENTS

3.1 Compliance with Contract Terms and Conditions

Bidders must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Section entitled, “Contract Terms and Conditions,” including the terms appearing in the referenced contract exhibits. The bidder is responsible for ensuring that all services are performed in compliance with all laws and regulations, including California Code of Regulations Title 22, pertaining to dialysis treatment of patients with infectious diseases, and that all required or appropriate precautions and safeguards are taken.

3.2 Qualification Requirements

Failure to meet the following requirements by the proposal submission deadline will be grounds for CCHCS to deem a bidder non-responsive. Evaluators may choose not to thoroughly review or score proposals that fail to meet these requirements. If, at any stage of review, a proposal is found to be substantively non-compliant with RFP qualifications/requirements, that proposal shall be rejected from further consideration. In submitting a proposal, each bidder must certify and prove that it possesses the following qualification requirements.

3.2.1 Experience Requirements

Bidder shall have a minimum of two (2) continuous years of experience providing dialysis services at least within the past five (5) years. Contractor must currently be operating a dialysis clinic within the state of California and licensed by the California Department of Public Health (CDPH).

Contractor must provide CCHCS with proof of the required experience by submitting two (2) letters of reference. The letters of reference must contain sufficient information (i.e., specific times and locations where the contractor was observed providing dialysis services) in order to verify bidder’s experience. Attachment 11 Customer Reference Questionnaire shall accompany each letter of reference. All experience must have occurred within the past five (5) years of the date this RFP was posted. It is possible to obtain the experience types listed below during the same time period. Bidders shall review Exhibit A Scope of Work, for additional l experience requirements.

3.3 Entity Documents

This section includes documentation requirements that must be submitted with your proposal.

3.3.1 Minimum Business Requirements

Before the Agreement is signed, bidder must provide a copy of a valid California city or county business license. If the state of California has exempted bidder’s business from State licensing (for example, some foreign companies are exempt and, in some cases, the State waives licensing because the company does not have a physical presence in the State), then submit proof of that exemption to the CCHCS Direct Care Contracts Section. All costs for any licenses, permits and associated tax payments due to the State as a result of licensing shall be borne by the Contractor and not charged to CCHCS. See Contractor Certification Clauses (Attachment 4) and Subsection

5.5 in the RFP titled “Certification to do Business in the State of California” for additional information.

3.3.2 Proof of Corporate Status

Corporations shall certify they are in good standing and qualified to conduct business in California.

See Contractor’s Certification Clauses (Attachment 4) and Subsection 5.5 in the RFP entitled “Certification to Do Business in California.”

3.3.3 Proof of Nonprofit Status

Nonprofit organizations must prove they are legally eligible to claim “nonprofit” and/or tax-exempt status by submitting a copy of an Internal Revenue Service determination letter indicating nonprofit or 501(3)(c) tax-exempt status.

3.3.4 An Organization Chart

The organizational chart must show the lines of authority and reporting relationships within the bidder’s organization including the relationship between management and subcontractors and/or independent contractors, if any. Refer to Section 8.1.3.F.3 in this RFP for instructions on the manner in which to submit the organizational chart in the response to this proposal. Prior to contract award, bidder shall provide a list of certified/registered personnel who will provide services under the resulting contract. The list shall include, personnel name, phone number, email address, license type, license number, and expiration date.

3.3.5 Financial Statements

Bidders must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State. Bidders must submit copies of independently audited financial statements for the past two (2) years with all noted audit exceptions explained. CCHCS will accept audited financial statements prepared by a bidder’s financial accounting department, accounting firm or auditing firm. A statement signed by a bidder’s Chief Financial Officer certifying that the financial statements are accurate and complete must accompany all financial statements. As an alternative to the above requirements of submitting copies of independently audited financial statements, bidders may provide a Dun & Bradstreet Report to support financial standards rating.

3.3.6 Staff Résumés

To the extent practicable, résumés should not exceed two (2) pages in length per person and should not include personal information such as social security number, home address, home telephone number, home e-mail address, marital status, gender, birth date, age, etc.

3.3.7 Subcontractor/Contractor Résumés

Bidder must submit a résumé for each person providing services under a subcontract or independent contract, if any. To the extent practicable, résumés should not exceed two (2) pages in length per person and should not include personal information such as social security number, home address, home telephone number, home email address, marital status, gender, birth date, age, etc.

3.3.8 Subcontractor/Contractor Letters of Agreement

For each pre-identified subcontractor and independent contractor that will be used to perform services under the resulting contract, the contractor must submit a letter of agreement to work under the contract.

A letter of agreement must be signed by an official representative of each subcontracted firm or independent contractor, indicating their acknowledgement of being named as a subcontractor or contractor, their availability to work under this contract and acknowledgement that they have read or been made aware of the proposed contract terms, conditions and exhibits. Include an explanation if a letter of agreement cannot be obtained from each pre-identified subcontractor and contractor and indicate when a letter of agreement will be forthcoming.

3.3.9 Conflict of Interest

Any firm that intends to submit a proposal is required to submit the Conflict of Interest Compliance Certificate (Attachment 12). See Exhibit D Special Terms and Conditions & Additional Provisions for additional information.

3.3.10 Past Business Practice

Bidders must have a past record of sound business integrity and a history of being responsive to past contractual obligations.

3.4 Contractor Contract Disclosure

Bidder must certify its proposal is not in violation of Public Contract Code Section 10365.5 and, if applicable, must identify all previous and current contractor service contracts that are related in any manner to it providing the services, goods or supplies that are the subject of this solicitation.

Public Contract Code Section 10365.5 generally prohibits a person, firm or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an Agreement for, the provision of services, procurement of goods or supplies or any other related action that is required, suggested or otherwise deemed appropriate in the end product of a consulting services contract.

Public Contract Code Section 10365.5 does not apply to any person, firm or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Contractors and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract unless the persons are named contracting parties or named parties in a subcontract of the original contract.

Public Contract Code Section 10365.5 does not distinguish between intentional, negligent and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract and/or imposition of criminal penalties.

4 SPECIFICATIONS AND SCOPE OF WORK

4.1 Specifications

This section 4.1 of the RFP includes information regarding specifications when submitting your proposal.

4.1.1 Contractor’s Dialysis Equipment/Maintenance Report

CCHCS requires that the selected bidder provide a report to the CDCR/CCHCS designee of all dialysis treatment equipment, including RO equipment to be installed at CHCF, RJD, SQ, and WSP. The equipment report must reflect date of purchase and fair market value at time of purchase for all dialysis treatment equipment to be installed at CHCF, RJD, SQ, and WSP.

CCHCS will have the option to purchase any or all of the dialysis equipment installed at CHCF, RJD, SQ, and WSP, including the RO equipment at fair market value based upon manufacturing industry sales.

4.1.2 Cancellation of Dialysis Equipment/Maintenance

CCHCS Executive Officer (CEO), CME or designee may cancel any purchase of dialysis treatment equipment, equipment maintenance, staff, and/or dialysis services order before delivery without penalty or charge. CCHCS reserves the right to deny payment for any equipment installed at CHCF, RJD, SQ, and WSP that is not described in the selected bidder’s proposal submitted in response to this RFP.

4.1.3 Invoicing and Payment

For services satisfactorily rendered and upon receipt and approval of Contractor’s claims, the compensation for services shall be in accordance with the rates specified in Exhibit B-1 Rate Sheet.

4.1.4 Prohibition on Advance Payments

The CCHCS does not accept requests for early payment, down payment, or partial payment. For the purposes of this RFP, maintenance agreements shall be included in the rates for dialysis treatment services, equipment, chairs, staff and supplies given to the institution(s) for dialysis treatment services.

4.1.4.1 Rates and Cost

Rates shall be prepared using Exhibit B-1 Rate Sheet and with the following terms: No CCHCS employee may accept a rate increase request on behalf of CCHCS. Any claim that is sent to CCHCS with rates above that specified by CCHCS in writing within the awarded Agreement shall be invalid. Payment of an erroneous claim does not constitute acceptance of the erroneous rate and CCHCS may seek reimbursement of the overpayment or may deduct such overpayment from future claims. See Section 7 Cost Proposal, in this RFP for information on the submission of costs.

4.2 Scope of Work

Refer to Exhibit A.

5 ADMINISTRATIVE REQUIREMENTS

In addition to meeting the requirements in Section 4 Specifications and Scope of Work, bidders must adhere to all mandatory administrative requirements of this CCHCS RFP SD23-00097 to be responsive. This section provides the Administrative Requirements that ensure bidders have the resources, experience and certifications necessary to complete this Agreement successfully. The section also describes bidding preference programs.

5.1 Cover Letter

Bidder’s proposal must contain a Cover Letter (Attachment 1 Proposal Cover Page) signed by an individual who is authorized to bind the bidder’s firm contractually, indicating the title and position that person holds in the firm, and including a statement that the bidder commits to fulfilling all the requirements of CCHCS RFP SD23-00097. Refer to Section 2, Rules Governing Competition, and Section 8 Proposal Format for additional instructions regarding signature of proposal.

5.2 Letter of Intent to Bid

The letter of intent to bid will be one of the methods used to identify bidders who want to participate in the RFP and wish to receive information during the proposal process. The letter of intent to bid must conform to the specifications in Section 2 Rules Governing Competition, Subsection 2.2.3 Bidder’s Intention to Submit a Proposal. A sample can be found in Section 10 Award and Contract Execution Instructions. The letter of intent to bid is a mandatory submittal only if the bidder intends to participate in this proposal.

5.3 Bidder’s Responsibilities

Prior to award of the Agreement, the State must be assured that the selected bidder has all of the resources to successfully perform under the Agreement. This includes, but is not limited to, personnel with the skills required to perform services, equipment of appropriate type in sufficient quantity, and experience in similar endeavors. To provide these assurances, the bidder must submit the items defined in this RFP, Section 5 Administrative Requirements, Subsection 6.1 Submittal Checklist and Section 8 Proposal Format. Bidders are strongly encouraged to read every section in the RFP and submit all attachments as specified in the Table of Contents and RFP prior to bidding on this RFP as there will be no negotiation of terms or conditions to the contractual language after proposals are submitted.

If, during the evaluation process, the State is unable to assure itself of a bidder's ability to perform under the Agreement, the State has the option of requesting from the bidder any information that the State deems necessary to determine the…