1._Invitation_for_Bid_(MC-413)_.pdf

CCHCS-MC-413 – Invitation For Bid Page 1 of 12 Rev. 6/10/2025

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID (IFB)

BID NUMBER SD24-00021

June 12, 2025

The California Department of Corrections and Rehabilitation/California Correctional Health Care Services (CDCR/CCHCS), hereafter referred to as the State, is inviting responses to this Invitation for Bid (IFB) titled Prosthetic and Orthotic Services and Devices. Refer to Exhibit G – List of Participating CDCR/CCHCS Institutions, for a list of institutions participating in this IFB.

This IFB package consists of the following documents. Bidders must comply with all requirements in the following documents:

• Notice to Prospective Bidders

• Bid Submittal Checklist (CCHCS-MC-331)

• Bidder Certification (CCHCS-MC-333)

• Standard Agreement (STD 213) – (Sample)

• Exhibit A – Scope of Work

• Exhibit A-1 – Service Specifications

• Exhibit B – Budget Detail and Payment Provisions

• Exhibit B-1 – Bid Rate Sheet

• Exhibit C* – General Terms and Conditions (GTC 02/2025)

• Exhibit D – Special Terms and Conditions & Additional Provisions

• Exhibit E – Definitions

• Exhibit F – HIPAA Business Associate Agreement

• Exhibit G – List of Participating CDCR Institutions

• Exhibit H – California State Institutions Map

• Payee Data Record (STD 204)

• Supplement Vendor Payee Data Record Form

• Subcontractor/Consultant List (CCHCS-MC-391)

• Non-Small Business Subcontractor Preference Request (CCHCS-MC-392)

• Small Business Subcontractor/Supplier Acknowledgement (CCHCS-MC-393)

• ACORD Certificate of Liability Insurance (Sample)

CDCR/ CCHCS Bid Number: SD24-00021 Invitation for Bid

CCHCS-MC-413 – Invitation For Bid Page 2 of 12 Rev. 6/10/2025

• Darfur Contracting Act (CCHCS-MC-394)

• Iran Contracting Act (CCHCS-MC-323)

• California Civil Rights Laws Attachment (DGS OLS 04)

• Disabled Veteran Business Enterprise (DVBE) Participation in Exempt Contracts (CCHCS-MC-1786)

• Contractor Contact Information (CCHCS-MC-332)

• Commercially Useful Function (CUF) Certification Form (CCHCS-MC-345)

• Non-Collusion Declaration (CCHCS-MC-379)

• Conflict of Interest Compliance Certificate (CCHCS-MC-412)

• Declaration of Capacity to Provide Services (CCHCS-MC-396)

• Contractor Certification Clauses (CCC 04/2017)

• Contractor and Grantee Report on Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine

• GenAI Disclosure and Factsheet (AMS 708)

Bid Matrix – The most recent matrices are provided for informational purposes only. The matrices are available on the internet at the following link under Direct Care Contracts Section (DCCS):

https://cchcs.ca.gov/project_rfp/

Exhibit C* – General Terms and Conditions (GTC 02/2025) - is incorporated in this bid package by reference only and is available on the internet at the following link:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language Bidders may request a hard copy of this document by contacting the CCHCS Direct Care Contracts Section (DCCS) Bid Representative listed below.

It is the opinion of the State that this IFB is complete and without need of explanation. If Bidder has any questions regarding this IFB or believes any documents to be missing from this IFB, immediately contact the Bid Representative listed below.

Bid Representative: Kayla Jennings Contract Support Team: m_ContractSupport@cdcr.ca.gov

California Relay Service: 1-800-735-2929 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:m_ContractSupport@cdcr.ca.gov

CCHCS-MC-413 – Invitation For Bid Page 3 of 12 Rev. 6/10/2025

NOTICE TO PROSPECTIVE BIDDERS

1. Goods/Services Rate Caps The bid rate cap for this Agreement has been set at:

Bid Rate Cap: 130% of Medi-Cal

Any bid received that exceeds the bid rate cap shall be rejected as detailed in Section 16. Cause for Rejection of Bid/Rescinding of Contract Award.

2. Bidder and Licensing Requirements Bidder shall meet all requirements as specified in this IFB. A Bid Submittal Checklist (CCHCS-MC-331) is included, listing all documents to be submitted. Additional documents may be requested as necessary during the contract award process.

3. Adobe Acrobat Version While this IFB is available electronically in Adobe Acrobat format, the official version is located on the Cal eProcure online portal in the California State Contracts Register at:

https://caleprocure.ca.gov/pages/index.aspx.

4. Cal eProcure Portal Registration

Cal eProcure is the online portal designed to improve the experience of businesses selling products and services to the State. If Bidder has not completed a one-time registration into the Cal eProcure online portal, it is requested that Bidder register at:

https://caleprocure.ca.gov/pages/index.aspx

5. Key Action Dates Listed below are the key activities, actions, dates and times by which the activities must be taken or completed for this IFB. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. At the discretion of the State, the dates with an asterisk (*) are subject to change and will be updated by email notification to all responsive Bidders who submitted a bid.

Key Activity Anticipated Action Date and Time

IFB Available to Prospective Bidders June 12, 2025

Reasonable Accommodation June 17, 2025

Deadline for Submission of Questions June 19, 2025

Deadline for Response of Questions June 23, 2025

Deadline for Submission of Bid June 30, 2025 (By 4:00 p.m. PST)

Bid Opening July 1, 2025 (At 11:00 a.m. PST)

*Award Contract July 2, 2025

*Proposed Start Date of Agreement August 4, 2025

CCHCS-MC-413 – Invitation For Bid Page 4 of 12 Rev. 6/10/2025

6. Bidder Questions Immediately notify the Bid Representative if clarification is needed regarding the services sought, or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

Questions shall be submitted in writing and Bidder shall transmit them to the State as instructed below.

The State reserves the right to contact Bidder to seek clarification of any question received. Bidders shall report a known or suspected problem with the IFB and/or its accompanying materials, or seek clarification and/or correction of the IFB and/or its accompanying materials. In addition, if awarded the contract, the successful Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error. The State will post the summary and responses to all questions received, and any discrepancies, omissions, or errors through the Cal eProcure portal: https://caleprocure.ca.gov/pages/index.aspx.

Bidder desiring clarification about a specific IFB requirement, and/or questions related to a sensitive issue or proprietary aspects of a bid, may submit individual questions that are marked “Confidential.”

Bidder must include with its question an explanation as to the reason(s) it believes a question marked “Confidential” is sensitive or is surrounding a proprietary issue. If a question appears to be unique to a single firm or is marked “Confidential,” the State will email a response only to Bidder if the State concurs with Bidder’s claim that the question is sensitive or proprietary in nature. If the State does not concur, the question will be answered in the manner described herein and Bidder will be notified.

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

a. Oral Questions

Oral questions are discouraged. The State reserves the right to not accept or respond to oral questions. Oral remarks provided in response to oral questions are unofficial and are not binding unless later confirmed in writing.

b. What to Include in a Question:

Bidder representative name Name of company Mailing address Email address Area code and telephone number A description of the subject or issue in question or discrepancy found Section, page number, or other information useful in identifying the specific problem or issue in question Remedy sought, if any Format questions as follows:

Reference Section Page Number

Question Remedy sought (if applicable)

Use “General” for general questions. Use “IFB” if the question is about a section in the IFB. For questions regarding exhibits and attachments, identify the exhibit by letter (e.g., Exhibit A) and the attachment by number (e.g., Attachment 1), etc.

Indicate the IFB 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:

7. How to Submit Questions

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Questions concerning this IFB shall be directed via email to Bid Representative at m_ContractSupport@cdcr.ca.gov. Failure to submit questions to the designee will result in the question(s) being ineligible for a response by the State. Bid Representative will coordinate written responses. The questions and responses will be posted at https://caleprocure.ca.gov/pages/index.aspx.

8. Bidder Question Deadline All written questions must be received no later than June 19, 2025. The State will accept questions about the reporting of IFB errors or irregularities if they are received prior to the bid submission deadline.

9. Bid Submission Requirements Bid submissions must be complete in all respects to the IFB requirements. A bid will be rejected if it is conditional, incomplete, or if it contains any alterations of forms or other irregularities of any kind. All documents requiring a signature must bear a certified digital signature or scanned wet signature of a person authorized to bind the Bidder’s firm. The signature should indicate the title or position that the individual holds in the firm. A bid shall be rejected if, in the opinion of the State, any such defect or irregularity constitutes a material deviation from the IFB requirements. The bid and required documents shall be non-stapled, and must be packaged under sealed cover, which is to be plainly marked “Bid for CCHCS – IFB SD24-00021 – Prosthetic and Orthotic Services and Devices (DO NOT OPEN).” Bid package(s) not received by the date and time specified in Section 5. Key Action Dates, or not sealed, will be rejected. Such bid package(s) shall not be returned to Bidder, unless requested by Bidder, and will be at Bidder’s expense. Bidders should arrange for the timely delivery of the bid package(s) to the address specified in this IFB. If multiple bid package(s) are submitted, each bid package must be in its own envelope and must comply with all instructions specified in this IFB. Bid package(s) submitted under improperly marked envelopes may be rejected.

Bidders are ultimately responsible for ensuring timely receipt of their bid. The postmark on the bid envelope shall not constitute timely delivery. Bidders are encouraged to verify receipt of their bid by contacting Bid Representative. Bidders must allow sufficient time for the bid to arrive by mail or overnight delivery prior to the date specified in Section 5. Key Action Dates.

Label and submit the bid using one of the following methods:

U.S. Mail or Overnight Express:

STANDARD MAIL DELIVERY

California Correctional Health Care Services Bid for CCHCS – IFB SD24-00021 – Prosthetic and Orthotic Services and Devices (DO NOT OPEN) P.O. Box 588500 Elk Grove, CA 95758 Attention: Kayla Jennings, Direct Care Contracts Section

OVERNIGHT DELIVERY (GLS, Fed-Ex, UPS) California Correctional Health Care Services Bid for CCHCS – IFB SD24-00021 – Prosthetic and Orthotic Services and Devices (DO NOT OPEN) 8260 Longleaf Drive, Building C Elk Grove, CA 95758 Attention: Kayla Jennings, Direct Care Contracts Section

10. Bidder Responsibility Bidder is solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc. before submitting a bid. If the language is unclear or ambiguous, it is Bidder’s mailto:m_ContractSupport@cdcr.ca.gov

CCHCS-MC-413 – Invitation For Bid Page 6 of 12 Rev. 6/10/2025 responsibility to request clarification or assistance before submitting a bid. If clarification of the IFB is necessary, submit questions, in writing, in a timely manner as specified in Section 5. Key Action Dates and only to the Bid Representative. If the IFB is modified prior to the final bid submission date, the State shall post an addendum at https://caleprocure.ca.gov/pages/index.aspx. By virtue of submitting a bid, Bidder accepts the terms and conditions expressed as stated below and as required by law. Costs incurred for developing bids in anticipation of award of an Agreement are the responsibility of Bidder and shall not be charged to the State.

11. Withdrawal and Resubmission/Modification of Bid Bidder may withdraw its bid at any time prior to the bid submission deadline specified in Section 5. Key Action Dates, by submitting a written notification of withdrawal signed by Bidder. Bidder may thereafter submit a new or modified bid prior to the bid submission deadline. Modification offered in any other manner, verbal or written, will not be considered. The bid cannot be changed or withdrawn after the date and time designated for receipt.

12. Verification of Bid Information

The State reserves the right to request clarification of any documents submitted with a bid regarding any and/or all sections of the IFB.

13. Disposition of Bids

All material submitted in response to this IFB shall become the property of the State and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

14. Bid Opening All bid packages received in accordance with Section 9. Bid Submission Requirements shall be publicly opened and the rates of each bid read. The date for the Bid Opening is specified in Section 5. Key Action Dates.

The Bid Opening will be held virtually for Bidders who plan to attend. Notification of time and Bid Opening information will be located on the Cal eProcure online portal in the California State Contracts Register https://caleprocure.ca.gov/pages/index.aspx.

15. Reasonable Accommodation

The State will provide assistive services for individuals who require reasonable accommodation. To request such services or copies of written materials in an alternate format, please contact the Bid Representative no later than the date specified in Section 5. Key Action Dates.

The range of assistive services available may be limited if requestors do not allow ten (10) or more business days prior to the date the alternate format material is needed.

16. Cause for Rejection of Bid/Rescinding of Contract Award

a. The State reserves the right to reject bid package(s), waive any immaterial deviation and/or defect in a bid, as well as allow a Bidder to remedy any immaterial deviations. The State reserves the right to use its best judgment to determine what constitutes as an immaterial deviation or defect.

b. The State’s waiver of any immaterial deviation or defect shall in no way modify the IFB documents or excuse Bidder from full compliance with the IFB specifications if awarded the Agreement.

c. The following shall be cause for rejection of a bid or rescinding of contract award:

CCHCS-MC-413 – Invitation For Bid Page 7 of 12 Rev. 6/10/2025

(1) Bid package is not received as specified in Section 9. Bid Submission Requirements.

(2) A completed Exhibit B-1 – Bid Rate Sheet is not included.

(3) The submitted bid rates exceed the bid rate caps set in Section 1. Goods/Services Rate Caps.

If Bidder submits bid rates for multiple regions (please refer to Exhibit B-1 for list of CDCR/CCHCS institutions by region) and a bid rate exceeds the bid rate cap for a region, the bid for that region will be rejected and the bids submitted for all other regions within the bid rate caps will be accepted.

(4) Bidder fails to provide requested documentation needed to determine if Bidder is responsive and responsible. A responsive and responsible bid is one that complies with all of the bid submittal requirements of this IFB, including all requested documents and information.

(5) The bid package is submitted with alternate contract language. The State does not accept alternate contract language from Bidders. Any bid with additions, deletions, or conditions shall be considered a counter bid and shall be rejected.

(6) Any requirement of this bid is found to be false or misrepresented, including but not limited to:

certifications (e.g., small business/microbusiness); or failure to be in good standing with any local, county, state, or federal tax agency.

d. If a mathematical error is discovered on the Bidder’s Exhibit B-1 – Bid Rate Sheet, the State may require Bidders to initial correction(s) to dollar figures on the Exhibit B-1 – Bid Rate Sheet if the correction(s) results in a- change of total costs. The Bidder shall accept the State’s corrections to be considered responsive. Failure to initial requested correction(s) to dollar figures on the Exhibit B-1

– Bid Rate Sheet will be grounds for rejection of the bid.

17. Responsiveness and Responsibility

The State shall review bids for responsiveness and responsibility upon initial review of submittals, or at any time prior to award and/or execution of Agreement. -

a. If a previous agreement with a prospective Bidder was terminated for cause, the State reserves the right to conduct a responsibility hearing before awarding the Agreement to determine if Bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that Bidder is not responsible, per the DGS State Contracting Manual (SCM), Volume 1, Section 5.70(F).

18. Small Business/Microbusiness Preference Small businesses are desired and encouraged to participate in this IFB. Government Code Sections 14835, et seq. and 14838(b)(1) requires five percent (5%) of the lowest responsible bid, when competing against another non-small business, to be given to certified small business/microbusiness Bidders. The rules and regulations of this law, including the definition of a small business for the delivery of goods and services are contained in the California Code of Regulations, Title 2, Section 1896, et seq.

a. To claim the small business/microbusiness preference, a completed certification application package and required support documents must be submitted and approved by DGS/OSDS no later than the bid submission deadline date. A written expedite request and a completed application package must be submitted a minimum of five (5) business days prior to the bid submission deadline date. Questions regarding certification should be directed to DGS/OSDS at

(916) 375-4940, via email at OSDSHelp@dgs.ca.gov, or the DGS/OSDS website at mailto:OSDSHelp@dgs.ca.gov

CCHCS-MC-413 – Invitation For Bid Page 8 of 12 Rev. 6/10/2025 https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

b. If upon verification of Bidder’s small business/microbusiness status it is determined Bidder is not a certified small business/microbusiness enterprise, Bidder’s business shall be classified as a large business which shall preclude Bidder’s bid from receiving the five percent small business/micro business preference.

c. Non-Small Business Subcontractor Preference

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the small business subcontractor preference, the bid must include a list of the small business(es) with which Bidder commits to subcontract in an amount of at least twenty-five percent (25%) of the net bid price. Each listed certified small business must perform a “commercially useful function” in the performance of the Agreement as defined in Government Code Section 14837(d)(4). The required list of California certified small business subcontractors must be attached to the bid and must include the following: 1) subcontractor name; 2) address; 3) telephone number; 4) a description of the work to be performed and/or products supplied; and 5) the dollar amount or percentage of the net bid price (as specified in the bid) per subcontractor. This preference is considered only if the lowest responsive and responsible Bidder is not a certified small business/microbusiness.

A non-small business is defined as a responsive and responsible Bidder that is not certified by DGS/OSDS as a small business/microbusiness.

To be eligible for the non-small business subcontractor preference, Bidder must complete the Non-Small Business Subcontractor Preference Request (CCHCS-MC-392) and the Small Business Subcontractor/Supplier Acknowledgement (CCHCS-MC-393) and submit with their bid.

d. Nonprofit Veteran Service Agency (NVSA) Small Business/Microbusiness Preference

Pursuant to Military and Veteran Code Section (MVC) 999.50, et seq., responsive and responsible nonprofit veteran service agencies claiming small business/microbusiness preference and verified in the relevant category or business type prior to the bid submission deadline, will be granted a preference of up to five percent (5%) of the lowest responsive and responsible bid, if the lowest responsive and responsible bid is submitted by a Bidder not certified as a small business/microbusiness. Questions regarding NVSA certification should be directed to DGS/OSDS at (916) 375-4940, via email at OSDSHelp@dgs.ca.gov, or the DGS/OSDS website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services- List-Folder/Apply-for-or-Renew-Nonprofit-Veteran-Service-Agency-Certification.

19. Commercially Useful Function If Bidder, subcontractor, or contractor is a California certified small business, in accordance with Government Code Section 14837(d)(1)(2), Bidder must address specific aspects of the legislation that require certified small businesses to perform a commercially useful function as defined in Government Code Section 14837(d)(4). A Commercially Useful Function Certification Form (CCHCS-MC-345) is included in this IFB.

20. Disabled Veteran Business Enterprise (DVBE) Program https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Renew-Nonprofit-Veteran-Service-Agency-Certification https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Apply-for-or-Renew-Nonprofit-Veteran-Service-Agency-Certification

CCHCS-MC-413 – Invitation For Bid Page 9 of 12 Rev. 6/10/2025

DVBE Participation Goal Program for State contracts is established in Public Contract Code Section 10115, et seq., and California Code of Regulations Title 2, Section 1896.60, et seq. This IFB is exempt from DVBE requirements; however, the State is committed to achieving legislatively established goals for the participation of DVBEs in all State contracting and seeks to use certified DVBE businesses whenever possible. Therefore, the State requests Bidder’s voluntary participation in reporting any certified DVBEs, including Bidder’s self, which will be used in the performance of this Agreement. DVBE Participation in Exempt Contracts (CCHCS-MC-1786) is included to assist Bidder in reporting certified DVBE participation levels. See Exhibit D – Special Terms and Conditions & Additional Provisions, Sections 40 and 46. The awarded Contractor agrees to comply with the requirements set forth in the MVC 999.7 and 999.9.

21. Required Disclosures

a. Non-Collusion Declaration (CCHCS-MC-379)

(1) Bidder is required to provide an organizational chart with names, professions, and license numbers for all shareholders, directors, and officers if the entity is a corporation; and for all partners and others who have an ownership interest if Bidder is not a corporation.

(2) If Bidder is a corporation, Bidder is required to identify all parent corporations and all corporations in which Bidder has an interest, and to provide the information above for each of those entities.

(3) Bidder is required to identify any existing financial relationship with other contractors that may be part of its bid (if those relationships would be permissible under the contract that the State is procuring), and explain why those relationships will not constitute a real or perceived conflict of interest. The State may request additional information at the time of award from Contractor that will prove the absence of any relationship that could constitute a conflict of interest or otherwise impede the ability of Contractor to protect the interests of the State.

(4) Bid submissions will be found to be non-responsive for any Bidders who have the same owner, shareholder, director, and/or officer as any other Bidder.

b. Declaration of Capacity to Provide Services (CCHCS-MC-396) Bidder has the capacity to provide services for those CDCR/CCHCS institutions the bid relates to and can meet all of the service level requirements set forth in Exhibit A – Scope of Work of the resulting Agreement throughout the Agreement term.

c. Darfur Contracting Act (CCHCS-MC-394) Pursuant to the Darfur Contracting Act of 2008 (California Public Contract Code Section 10475, et seq.), Bidders must certify their status as a “scrutinized” company and their eligibility to submit a bid. A “scrutinized” company is defined in Public Contract Code Section 10476.

d. Iran Contracting Act (CCHCS-MC-323) Pursuant to the Iran Contracting Act of 2010 (Public Contract Code Sections 2200 through 2208 are “the Act”), Bidders are ineligible to bid on, enter into, or renew, any contract with the State for goods or services of One Million Dollars ($1,000,000) or more, if Bidder engages in investment activities in Iran, as defined in the Act. The Act requires that the Department of General Services (DGS) establish and periodically update a list of ineligible vendors, which can be found on the DGS website at https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses

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Also pursuant to the Act, financial institutions are ineligible to bid on, enter into, or renew any contract with the State for goods or services of One Million Dollars ($1,000,000) or more, if the financial institution extends credit, as defined in the Act.

Prior to submitting a bid, and prior to executing any State contract or renewal for goods or services of One Million Dollars ($1,000,000) or more, a Bidder must certify that it is not on the DGS list of ineligible businesses prohibited from doing business with the State of California. Also, financial institutions must certify that they are not extending credit to an ineligible vendor, as described in the Act. The Act provides exceptions to the certification requirement, as specified in Public Contract Code Section 2203(c)(d).

Contractor is required to self-identify during the contract term any changes to the information provided in response to required disclosures listed.

e. California Civil Rights Laws Attachment (DGS OLS 04) Pursuant to Public Contract Code Section 2010, a person who submits a bid to, or otherwise proposes to enter into or renew a contract with a State agency with respect to any contract in the amount of One Hundred Thousand Dollars ($100,000) or above shall certify, under penalty of perjury, at the time the bid is submitted or the contract is renewed, all of the following:

(1) California Civil Rights Laws: For contracts executed or renewed after January 1, 2017, Contractor certifies compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act (Government Code Section 12960); and

(2) Employer Discriminatory Policies: For contracts executed or renewed after January 1, 2017, if a contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act or the Fair Employment and Housing Act (Government Code Section 12960).

22. Settlement of Ties In the event of a precise tie between the low responsible bid of a certified small business and the low responsible bid of a certified disabled veteran owned business that is also a small business, the contract must be awarded to the disabled veteran owned small business, per the SCM, Volume 1, Section 8.21(C). If a tie persists between any Bidders after the small business preference has been applied, a coin toss will be conducted and observed by witnesses.

23. Basis of Award Award of contract, if made, will be made to the lowest responsible Bidder(s) whose bid complies with the requirements of the IFB and any addenda thereto, except for such immaterial defects as may be waived by the State. In the event a Bidder submits more than one bid for the same CDCR/CCHCS institution under this bid process, the State shall select the lowest bid and reject all other bids from this Bidder.

The State reserves the right to award multiple Agreements to Bidders that submit bids that are at, or less than, the established bid rate caps as specified in Section 1. Goods/Services Rate Caps of this IFB. At the time of the Bid Opening, the Agreement award is tentative, pending a complete review of the entire bid package for compliance and adherence to the IFB requirements, verification of all calculations and claimed small/non-small business preferences and, if applicable, compliance with the DVBE participation requirements.

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A protest to the award of this Agreement must adhere to PCC Section 10345 and be submitted in accordance with SCM, Volume 1, Section 6.35.

24. Agreement Execution The apparent successful Bidder(s) shall enter into an Agreement with the State, which shall be prepared on a STD 213 Standard Agreement (sample attached) and shall include all exhibits from this

IFB.

The Agreement shall not include a hard copy of Exhibit C – General Terms and Conditions (GTC 02/2025), which is incorporated into the Agreement by reference only on the STD 213 Standard Agreement. Exhibit C – General Terms and Conditions (GTC 02/2025) may be downloaded and printed for Bidder’s record at the following link:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

The first page of Contractor Certification Clauses (CCC 04/2017) document must be signed and shall be submitted with the bid. Failure to submit a signed Contractor Certification Clauses (CCC 04/2017) shall delay approval of the Agreement.

The State reserves the right to modify Exhibit B-1 – Rate Sheet and Exhibit G – List of Participating CDCR Institutions and any other item(s) that may affect the multiple award process by including in the Agreement only that information pertinent to the CDCR institutions awarded to Contractor. If the bid includes multiple services classifications, the State reserves the right to modify Exhibit A-1 – Service Specifications, as necessary, to include in the Agreement only that information pertinent to the service classification awarded to Contractor.

The Agreement is not valid unless and until approved by DGS Office of Legal Services (DGS/OLS.

The State has no legal obligation unless and until the Agreement is approved. Any work commenced by Contractor prior to approval may be considered voluntary and Contractor may have to pursue a claim for payment by filing with the California Victim Compensation Board or the DGS Government Claims Program. When the Agreement is approved, a copy shall be forwarded to Contractor.

25. Bid Matrix A bid matrix will be posted on the CCHCS internet once all Agreements are approved. CDCR/CCHCS institutions will utilize the bid matrix to determine vendor rankings for their respective regions/institutions and how to contact the appropriate vendors for services. For additional information, refer to the DCCS bid matrices available at the following link under Direct Care Contracts Section (DCCS):

https://cchcs.ca.gov/project_rfp/

CDCR/CCHCS institutions will be provided an updated “draft” bid matrix as contracts are approved (not more frequently than once per week) and may canvass as soon as the first Agreements are approved. CDCR/CCHCS institutions shall canvass contracts using the most recent bid matrix available. Contractors who do not have approved Agreements shall not be able to provide services.

26. Amendments The State is bidding and executing this Agreement for a period of 36 months with an option to extend for an additional 12 months. The State reserves the right to extend the Agreement up to an additional 12 months at the same rates and maximum dollar amount per year as the original Agreement and/or amend to increase funding for additional prosthetic and orthotic services and devices through an amendment signed by both parties. All agreement amendments are subject to satisfactory performance, funding availability and may require approval from the DGS/OLS. Bidder’s rates are https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

CCHCS-MC-413 – Invitation For Bid Page 12 of 12 Rev. 6/10/2025 submitted with the understanding that in the event Bidder is awarded a contract, the rates submitted in this bid shall remain in effect for the term of the Agreement and any amendment to the term of the Agreement.

27. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for rejection of Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

28. Generative Artificial Intelligence (GenAI) The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State;

or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.