10771012_RFO.pdf

REQUEST FOR OFFER (RFO) 10771012

October 30, 2024

You are invited to review and respond to RFO# 10771012 California Correctional Health Care Services (CCHCS) to purchase certain Candelis products. By submitting your offer, you agree to comply with the instructions contained in this document as well as the requirements described in the associated Exhibit A – Scope of Work. Please read the enclosed document carefully.

By submitting your offer, you agree to comply with the instructions contained in this document as well as the requirements described in the associated Exhibit A – Scope of Work. Please read the enclosed document carefully.

The Agreement award is subject to availability of funds approved for this purpose and only by mutual consent of the parties in writing.

RFOs must be received no later than the date and time specified in Section Key Action Dates. Failure to comply with any of the instructions may cause the offer to be rejected.

Please note that no verbal information given will constitute a binding agreement with CCHCS unless such information is issued in writing as an official addendum.

CCHCS Procurement Official: Kamran Khalid

Phone: 916-691-2369 Email: Kamran.Khalid@cdcr.ca.gov

RFO # 10771012

CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES

Table of Contents

I. Response Guidelines

II. Exhibit A – Scope of Work

III. Exhibit B – Budget Detail and Payment Provisions

IV. Exhibit C – Cost Worksheet

V. CCHCS Special Provisions

VI. Insurance Requirements

VII. Required Attachments Checklist

Attachment 1 Agreement Cover Letter

Attachment 2 Bidder’s Declaration Form, GSPD-05-105

Attachment 3 Disabled Veteran Business Enterprise Declarations, DGS PD 843

Attachment 4 Darfur Contracting Act Certification, DGS PD 1

Attachment 5 Generative Artificial Intelligence (GenAI) Reporting and Factsheet, STD. 1000

Attachment 6 DGS PD-401 IT General Provisions

Attachment 7 Payee Data Record, STD. 204

Attachment 8 Supplement Vendor Payee Data Record

I.

Response Guidelines

This RFO, including all exhibits, and Offeror’s response, will be made part of the CCHCS IT ordering department’s purchase documents and/or procurement contract file.

1. Submission of Quotes

The complete RFO package submission must be emailed to Kamran.Khalid@cdcr.ca.gov. The email subject must start with “RFO 10771012”. If attachments are too large for a single email, then you may split the response into multiple emails.

Note: It is the sole responsibility of the Offeror to contact the Contract Analyst to verify receipt of submitted Quote. CCHCS is not responsible for e-mail loss or delivery delays.

2. Key Action Dates

Time is of the essence both for the RFO submittal and contract completion. Please take note of the key dates and times shown below:

EVENT DATE AND TIME

1 Last Day to Submit Questions

All questions regarding the content of this RFO should be submitted in writing electronically to Kamran.Khalid@cdcr.ca.gov. To be considered, questions must be received by November 12, 2024. Questions not submitted as required may not be addressed.

Final Date to Submit an RFO Package

November 15, 2024

3 Agreement Term Upon approval through December 31, 2025.

3. RFO Response Requirements and Content

RFO response must contain all requested information and data and must conform to the format described in this RFO. It is the Offeror’s responsibility to provide all necessary information for assessment by CCHCS. Responses will be verified and Offeror’s ability to perform under the RFO will be determined by CCHCS as outlined in the RFO.

A. Offerors must include all applicable items listed on the Required Attachments Checklist. RFO packages that are conditional or fail to submit the required documentation by the date and time shown in the Key Action Dates may cause CCHCS to deem the Offer as non-responsive.

B. The specific tasks associated with this RFO are included in the Exhibit A - Scope of Work (SOW). Offerors must be submitted for the performance of all services described herein. Any deviation from the work specifications will eliminate the Offeror from further consideration and award.

C. CCHCS will not accept alternate contract language from the Offeror. CCHCS objects to and will not evaluate or consider any additional terms or conditions submitted by an Offeror. There will be No negotiations of any terms or conditions.

If a contract is awarded to the Offeror, the Offeror agrees to execute CCHCS terms and conditions in:

• Attachment 6 - General Provisions – Information Technology (6/21/2022)

By responding to RFO# 10771012, Offeror agrees to the state’s Terms and Conditions above. If the Offeror refuses to agree to the state’s Terms and Conditions after an award is made, then that refusal could be grounds to rescind the award and award the contract to another Offeror.

D. Costs incurred for the development of Offers, in anticipation of award, are entirely the responsibility of Offeror and shall not be charged to CCHCS or the State of California.

E. CCHCS may amend or modify the RFO prior to the Final Date for Offer Submission indicated in the Key Action Dates of this RFO. All modifications and/or amendments to the RFO will be made in writing and released to all parties who received the RFO.

Additionally, CCHCS may extend the submission date of the RFO.

F. Offers submitted as Small Business (SB) and/or Disabled Veteran Business

Enterprise (DVBE) must provide and include a SB/DVBE Certification. In accordance with California Government Code Section 14837(d) and California Military and Veterans Code Section 999, all SB and DVBE contractors, subcontractors and suppliers that offer on or participate in a State contract, shall perform a Commercially Useful Function (CUF) and provide a CUF declaration.

G. CCHCS is not required to make an award under this RFO.

4. Generative Artificial Intelligence (GenAI) Notification Requirements

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 / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

5. Administrative Requirements

The Assessment Team reviews the Offers to determine whether all Administrative Requirements were provided. Responsiveness to the requirements in this RFO will be either given a “pass” (e.g., complied with requirements, completed, and returned documents) or “fail” (e.g., did not comply with requirements, did not complete or return documents).

Administrative Requirement Evaluation Criteria

Attach all applicable documents, complete all exhibits, and compliance with RFO response:

1. Scope of Work, Exhibit A

2. Cost Worksheet, Exhibit C

3. Agreement Cover Letter, Attachment 1

4. Bidder’s Declaration Form, GSPD-05-105, Attachment 2

5. Disabled Veteran Business Enterprise Declarations, DGS

PD 843, Attachment 3

6. Darfur Contracting Act Certification, DGS PD 1, Attachment 4

7. Generative Artificial Intelligence (GenAI) Reporting and

Factsheet, STD. 1000, Attachment 5

8. Payee Data Record, STD. 204, Attachment 6

9. Supplement Vendor Payee Data Record, Attachment 7

Pass/Fail

II.

Exhibit A

Scope of Work

1. Contract Description:

California Correctional Health Care Services (CCHCS) is requesting to purchase certain Candelis product and associated services with the product. The Contractor agrees to provide to California Department of Corrections and Rehabilitation (CDCR), California Correctional Health Care Services (CCHCS) all labor, maintenance, travel and per diem, parts, materials, non-consumable supplies, transportation, equipment, and every other item of expense necessary to provide the Candelis product identified in Exhibit C – Cost Worksheet. The Contractor agrees to include onsite installation, configuration, and testing of the product.

2. Working Location:

The services shall be performed onsite at Central California Women’s Facility (CCWF) 23370 Road 22, Chowchilla, CA 93610.

The services shall be provided during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed on State holidays. No overtime shall be authorized in conjunction with this Contract.

3. Period of Performance:

The term of this Contract shall be upon approval through December 31, 2025. The Contractor is not authorized to commence work, as described in this Contract, until the Contract has been fully executed. Any services provided prior to execution of the Contract shall be considered voluntary and non-compensable.

4. Amendments:

CCHCS reserves the option to extend the Agreement for additional time and money at the rates evaluated and considered, through a formal Agreement amendment. The Agreement award is subject to availability of funds approved for this purpose. No amendment or variation of the terms of this Agreement shall be valid unless submitted in writing, and agreed upon by both parties and approved, as required. Products are price protected (fixed prices throughout the enrollment period) at the price identified in the Exhibit C - Cost Worksheet.

5. California Correctional Health Care Services Responsibilities:

a. Designate a person (Program Manager) to whom all Contractor communication may be addressed and who has the authority to act on all aspects of the service.

This person may review the Agreement and associated documents with the Contractor to ensure an understanding of the responsibilities of both parties.

b. Provide timely review and approval of information and documentation provided by the Contractor to perform its obligations.

6. Terms and Conditions:

By responding to this offer, the Offeror agrees to the State’s Terms and Conditions. If the Offeror refuses to agree to the State’s Terms and Conditions after an award is made, then that refusal could be grounds to rescind the award and award the contract to another Offeror.

7. 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 offer 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 the Contractor’s offer/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

8. Coronavirus (COVID-19) Requirement

The Contractor agrees to comply with the following. Failure to meet these requirements may result in the termination of the contractor or contract.

a) Screening: The Contractor shall not dispatch any employees who are exhibiting COVID-19 symptoms to CDCR/CCHCS worksites/locations. Each Contractor employee who visits institutional grounds may be required to undergo a health questionnaire to screen for COVID-19 before being granted access into the institution.

b) Testing: In addition to the screening, Contractor employees working full time at any institution or facility grounds may be subject to COVID-19 testing in the same manner as institution staff.

c) Facial Coverings: Contractors are advised that mask requirements at each institution or facility may vary, (such as N95 masks being required and provided at certain locations) and as such, the requirements for that institution must be followed. Additionally, institutions or facilities may update their requirements in which case the Contractor’s employees must adhere to such updated requirements.

d) Vaccinations: The Contractor agrees to comply with current State Public Health Officer Orders issued by the California Department of Public Health (CDPH) as it pertains to vaccination requirements for contractor staff in certain locations/settings. Such Orders, including any CCHCS requirements, will be enforced by the Contract Manager.

9. Generative Artificial Intelligence (GenAI) Notification

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.

Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or or terminate any contract that presents an unacceptable level of risk to the State.

10. Notices:

All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties of this Agreement at their address as set below unless changed from time to time, in which event each party shall notify the other in writing, and all such notices shall be deemed duly given if deposited, postage prepaid, in the United States mail and directed to the following addresses below:

11. Primary Contacts

The representative during the term of this Agreement will be:

State Agency

Contractor

California Correctional Health Care Services

Attn: Kashyap Kanani Attn:

Phone: Phone:

Address: Address:

E-mail: Kashyap.Kanani@cdcr.ca.gov E-mail:

Direct all contract related inquiries to:

State Agency

Contractor

California Correctional Health Care Services

Attn: Kamran Khalid Attn:

Phone: (916) 691-2369 Phone:

Address: 8260 Longleaf Dr, Elk Grove, CA, 95758

Address:

E-mail: Kamran.Khalid@cdcr.ca.gov E-mail:

12. Advertising of Data:

The Contractor and any service providers are not authorized to use, sell, resell, package, or repackage or publicly display any information or data without the express written approval of the State. This restriction includes keyword searching or data mining of state data. Advertising is not allowed in any of these services or to any of the contacts associated with these services.

13. Termination Provisions:

The State may exercise its option to terminate this Agreement at any time with 30 calendar days’ prior written notice.

III.

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For services satisfactorily rendered and upon receipt and approval of invoices, CCHCS agrees to reimburse Contractor for said services, no more than annually, upon receipt and approval of itemized invoices, and in accordance with Exhibit C -

Cost Worksheet.

B. Payment for services performed under the Agreement shall be made in accordance with the State of California’s Prompt Payment Act (GC Section 927 et seq.).

C. Invoices shall include the Contract Number, sufficient scope and detail to define the actual work performed, including a description of the activities of the Contractor and Subcontractor, the hours allocated to those activities, the locations where work was performed, the expenses claimed, any required reports, and shall be submitted to:

California Department of Corrections and Rehabilitation Sacramento Accounting

Office Attention: Accounts

Payable A PO Box 187015

Sacramento, CA 95818-7015

D. The Contractor also has the option to submit invoices electronically to the appropriate email address listed below. The Contractor must use the name on the

Agreement and the Agreement on the subject line of the email. The email must include an attached PDF file of the invoices, in accordance with the information above, and must reference the institution acronym and the invoice number. For electronic submission, send invoices to:

medicalcontractinvoices@cdcr.ca.gov

2. Payment Structure

The payment structure for software and maintenance for 12 months or longer will be paid for the first year only and must be invoiced on an annual basis for the remaining period. Progress payments shall occur monthly upon approval of work completed for said services in accordance with Exhibit C - Cost Worksheet. All invoices shall be submitted to the Contract Manager for review/approval.

mailto:medicalcontractinvoices@cdcr.ca.gov

3. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent 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

Contractor or to furnish any other considerations under this Agreement and

Contractor shall not be obligated to perform any provisions of this Agreement.

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

Contractor to reflect the reduced amount.

4. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

5. Travel Reimbursement

[ X ] The following does not apply to this Agreement

A. Pursuant to the terms established in this agreement, travel reimbursement may not exceed the rates, terms, and conditions that apply to comparable State employees, in accordance with travel rules and regulations, as specified in

California Code of Regulations, Title 2, Division 1, Chapter 3, and/or regulations of the California Department of Personnel Administration (DPA), specifically

Sections 599.619 through 599.631.

6. Subcontractor

For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in the Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of contractor’s responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

IV.

Exhibit C

Cost Worksheet

Offeror’s must submit a cost quote for each item(s) in the following list and clearly state unit and extended price.

Description Part # Qty Unit Price Total Cost

ImageGrid Mini -3.6 TB usable DICOM storage, Image Management.

Includes routing engine and 4 remote AE titles or connection to 4 modalities iMD-3 1 $ $

Grand Total $

V.

Exhibit D

CCHCS SPECIAL PROVISIONS

1. Subcontractor/Personnel Information

Contractor is required to identify all subcontractors who will perform labor or render services in the performance of the Agreement. Additionally, the Contractor shall notify the CCHCS Contract Manager, or designee, within ten working days, of any changes to the subcontractor and/or personnel information.

2. Employment of Ex-Offenders

A. Contractor cannot and will not, either directly or via a subcontracted consultant and/or firm, employ in connection with this Agreement:

(1) Ex-Offenders on active parole or probation;

(2) Ex-Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or

(3) Any ex-felon in a position which provides direct supervision of parolees.

B. Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the Contractor subject to the following limitations:

(1) Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and

(2) Any ex-offender whose assigned duties are to involve administrative or policy decision-making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of California.

3. Licenses and Permits

The Contractor shall be an individual or firm licensed to do business in California and shall obtain, at Contractor’s expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

In the event any licenses and/or permits expire at any time during the term of this Agreement, Contractor agrees to provide the CCHCS with a copy of the renewed licenses and/or permits within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required licenses and/or permits, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

4. Conflict of Interest

The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest.

Consultant Contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within 30 days after the expiration of the Agreement. Other service Contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CCHCS or whenever it appears that a conflict of interest may be at issue. Generally, service Contractors (other than Consultant Contractor required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists:

(1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur;

(2) The Contractor and/or Contractor’s employee(s), pursuant to the Agreement, makes or influences a governmental decision; or

(3) The Contractor and/or Contractor’s employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR’s Conflict of Interest Code.

(4) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment.

(5) No officer or employee shall contract on his or her own behalf as an independent Contractor with any State agency to provide goods or services.

(6) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of:

(a) Using an official position for private gain;

(b) Giving preferential treatment to any particular person;

(c) Losing independence or impartiality;

(d) Making a decision outside of official channels; and

(e) Affecting adversely the confidence of the public or local officials in the integrity of the program.

(7) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State.

(8) For the two year (2-year) period from the date he or she left State employment, no former State officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any State agency.

(9) For the twelve-month (12-month) period from the date he or she left State employment, no former State officer or employee may enter into an Agreement with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving State service.

(10) In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR.

(11) In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by the CDCR.

(12) For the purposes of this paragraph, “affiliated company, person or business” means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders, either directly or indirectly. “Affiliated companies, persons or businesses” include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders.

(13) The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement.

(14) The Contractor shall have a continuing duty to keep the State timely and fully apprised in the writing of any material changes in the Contractor’s business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor’s business status or structure that could affect the performance of the Contractor’s duties under the Agreement.

(15) If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void.

(16) Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem.

5. Disclosure

Neither the State nor any State employee will be liable to the Contractor or its personnel for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any inmate or parolee which indicates violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

6. Security Clearance/Fingerprinting

The State reserves the right to conduct fingerprinting and/or security clearance through the California Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor’s employees’ access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

7. Notification of Personnel Changes

Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

8. Non-Eligible Alien Certification

By signing this Agreement Contractor certifies, under penalty of perjury, that Contractor, if a sole proprietor, is not a nonqualified alien as that term is defined by the United States Code (U.S.C.) Title 8, Chapter 14, Section 1621 et seq.

9. Disabled Veteran Business Enterprise (DVBE)

The awarded Contractor agrees to comply with the requirements set forth in the Military and Veterans Codes 999.7 and 999.9.

The following provisions apply to services provided on departmental and/or institution grounds:

10. Bloodborne Pathogens

Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to bloodborne pathogens.

11. Tuberculosis (TB) Testing

Contractors and their employees shall be required to furnish to CDCR, at no cost to CDCR, a form CDCR 7354, “TB Infectious Free Staff Certification,” prior to assuming their contracted duties and annually thereafter, showing that the Contractor and their employees have been examined and found free of TB in an infectious stage. The form CDCR 7354 will be provided by CDCR upon Contractor’s request.

12. Primary Laws, Rules, & Regulations Regarding Association with Inmates

Individuals who are not CDCR employees, but who are working in and around inmates who are incarcerated within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates.

By signing this Contract, the Contractor agrees that if the provisions of the Contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates:

A. Persons who are not employed by CDCR, but are engaged in work at any institution/ facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps. SOURCE: California Penal Code (PC) Sections 5054 and 5058; CCR, Title 15, Sections 3283, 3285, 3289, 3292 and 3415

B. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison inmates, visitors, non-employees & employees shall be made aware of this. SOURCE:PC Sections 5054 and 5058; CCR, Title 15, Section

C. All persons entering onto institution/facility or camp grounds consent to a search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property or vehicle may be cause for denial of access to the premises or restrictions to visiting or facility access. SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3267, 3288, 3289, and 3292

D. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Secretary, Director of Division of Adult Institutions (DAI), Warden, Regional Parole Administrator and/or their designees. SOURCE: PC Sections 2086, 5054 and 5058; CCR, Title 15, Sections 3283 and 3289

E. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR institutions/facilities or camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so.

Failure to comply with this provision could lead to prosecution. SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173, 3283 and 3289

F. Encouraging and/or assisting prison inmates to escape is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, wireless communication devices or components thereof, tobacco products, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. SOURCE: PC Sections 2772, 2790, 4535, 4550, 4573, 4573.5, 4573.6, 4574, 4576 and 5030.1; CCR, Title 15, Sections, 3172.1, 3188 and 3292

G. It is illegal to give or take letters from prison inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates. SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424 and 3425

H. In an emergency situation the visiting program and other inmate program activities may be suspended by the Warden or designee. SOURCE: PC Sections 2086 and 2601; CCR, Title 15, Section 3383

I. For security reasons, volunteers, media, contractors, dignitaries and guests must not wear clothing that in any way resembles state issued prison inmate clothing (blue denim shirts, blue denim pants). SOURCE: CCR, Title 15, Sections 3174 and 3349.2.3(g) (3) (B)

J. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. SOURCE: CCR, Title 15, Section 3261.5

12. Clothing Restrictions

While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/ white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. The Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.

13. Tobacco-Free Environment

Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the CDCR is prohibited.

14. Security Regulations

A. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds.

B. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise.

C. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire.

D. Due to security procedures, the Contractor, Contractor’s employees & subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in & out of the institution gates and sally ports shall be borne by the Contractor.

E. Contractor, Contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities.

F. Electronic and communicative devices such as pagers, cell phones and cameras/ microcameras are not permitted on institution grounds.

G. Contractor, Contractor’s employees and subcontractors shall not cause undue interference with the operations of the institution.

H. No picketing is allowed on State property.

15. Prison Rape Elimination Policy

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/ prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim. CDCR shall maintain a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

As a Contractor with CDCR, you and your employee(s) are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

16. Gate Clearance

Contractor and Contractor’s employee(s) and/or subcontractors(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering a facility a minimum of ten working days prior to commencement of service. The Request for Gate Clearance must include the person’s name, social security number, valid state driver’s license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include a California Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual’s presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity. All persons entering the facilities must have a valid state driver’s license or photo identification card on their person.

17. Electronic Waste Recycling

The Provider certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Provider shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. CCHCS electronic data stored upon any Provider device must be returned to the CCHCS immediately and the Contractor must certify that CCHCS data is either removed from the Providers devices by degaussing or shredding per National Institute of Standards and Technology (NIST) Special Publication Series 800-88 and National Industrial Security Program (NISP) Operating Manual (DOD 5220.22-M) and Clearing and Sanitization Matrix (C&SM) based on NSA/CSS Policy Manual 9-12, “Storage Device Declassification Manual”.

VI.

Exhibit E

Insurance Requirements

1. Commercial General Liability

When Contractor submits a signed Contract to the State, Contractor shall furnish to the State a certificate of insurance, stating that there is commercial general liability insurance presently in effect for the Contractor of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined.

A. The certificate of insurance will include provisions below in their entirety:

B. Contractor is responsible to notify the State within five business days of any cancellation, non-renewal or material change that affects required insurance coverage.

C. That the State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the State of California under the Contract.

D. The additional insured endorsement must accompany the certificate of insurance.

E. That the State will not be responsible for any premiums or assessment on the policy.

F. Contractor agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this Contract. In the event said insurance coverage expires at any time or times during the term of this Contract, Contractor agrees to provide, within at least five business days, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Contract, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General

Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.

2. Automobile Liability Insurance

The Contractor shall furnish to the State a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor for not less than $1,000,000.00 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. For contracted services involving transportation of hazardous materials, evidence of an MCS-90 endorsement is required.

3. Worker’s Compensation Insurance

The Contractor shall furnish to the State a certificate of insurance evidencing workers compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000.00 by an insurance carrier licensed to write Workers’ Compensation Insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

4. Special Requirement: Professional Liability (Errors and Omissions) Insurance Contractor shall maintain Professional Liability insurance covering any damages caused by an error, omission or any negligent acts. Limits of not less than $1,000,000.00 shall be provided.

VII.

Required Attachments Checklist

Attachment 1 Agreement Cover Letter

Attachment 2 Bidder’s Declaration Form, GSPD-05-105

Attachment 3 Disabled Veteran Business Enterprise Declarations, DGS PD 843

Attachment 4 Darfur Contracting Act Certification, DGS PD 1

Attachment 5 Generative Artificial Intelligence (GenAI) Reporting and Factsheet, STD. 1000

Attachment 6 DGS PD-401 IT General Provisions

Attachment 7 Payee Data Record, STD. 204

Attachment 8 Supplement Vendor Payee Data Record

Attachment 1

Agreement Cover Letter

By signing below, with inclusion of the date of signature, the bidder declares that the undersigned complies with the requirements of the solicitation and that the information set forth within is true and correct. This document must be signed and returned along with the entire bid response. An electronic signature is acceptable. An unsigned cover letter will be cause for bid rejection.

A. The signatory to this letter is authorized to bind the bidding company contractually.

B. We have carefully read and will comply with all solicitation requirements.

C. We commit to all terms and conditions as required by the solicitation.

RFO ID: 10771012

Bidder Company

Name:

Address:

City, State & Zip Code:

Telephone Number:

Email:

Print Name:

Title:

Signature:

Date:

Attachment 2

Bidder Declaration Form, GSPD-05-105

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with their response.

Bidder Declaration

Attachment 3

Disabled Veteran Business Enterprise Declarations, DGS PD 843

A responsive Offeror classified as a Disabled Veteran Business Enterprise must submit a signed Disabled Veteran Business Enterprise Declarations, DGS PD 843, before contract award. The form can be located at the following link:

Disabled Veteran Business Enterprise Declarations

Attachment 4

Darfur Contracting Act Certification, DGS PD 1

All Offerors that have had any business activities or other operations outside of the United States must submit a signed Darfur Contracting Act Certification form. This form can be located at the following link:

Darfur Contracting Act Certification

Attachment 5

Generative Artificial Intelligence (GenAI) Reporting and Factsheet Form, STD. 1000

Bidders/offerors are required to complete and return form STD 1000 GenAI Reporting and Factsheet at the time of bid/offer to be deemed responsive. The form can be located at the following link:

GenAI Reporting and Factsheet https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Attachment 6

DGS PD-401 IT General Provisions

The following Provisions referenced herein are incorporated into this agreement:

DGS PD-401 IT General Provisions (Rev. 6/21/2022)

Attachment 7

Payee Data Record, STD. 204

A responsive Offeror must submit a signed Payee Data Record, STD. 204 and, if applicable. The form can be located at the following link:

Payee Data Record https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Rev. 05/1/2021

SUPPLEMENT VENDOR PAYEE DATA RECORD FORM

Form to be completed by Vendor.

LEGAL NAME OF BUSINESS

DBA

FEIN OR SSN NUMBER

BUSINESS PHYSICAL ADDRESS

STREET

CITY

STATE ZIP

REMIT TO INFORMATION

(WHERE YOU WANT YOUR PAYMENTS SENT. ADDRESS MUST MATCH REMIT TO ADDRESS ON INVOICE.)

COMPANY NAME

STREET(P.O. Box)

CITY

STATE ZIP

CONTACT INFORMATION

SALES CONTACT PERSON ACCOUNTING CONTACT PERSON

TITLE TITLE

PHONE PHONE

FAX FAX

SALES E-MAIL ADDRESS

WEB-SITE ADDRESS:

PURCHASING INFORMATION

SERVICE TYPE OF SERVICE PROVIDED:

COMMODITY TYPE OF PRODUCT PROVIDED:

Attachment 8

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Rev. 6/2/20

SUPPLEMENT VENDOR PAYEE DATA RECORD FORM

BUSINESS DESIGNATION

(Fill out only if registered with the Dept. of General Services)

SMALL BUSINESS (SB) CERTIFICATION # - EXPIRATION DATE

MICRO BUSINESS (MB) CERTIFICATION # - EXPIRATION DATE

DVBE BUSINESS CERTIFICATION # - EXPIRATION DATE

SMALL BUSINESS PUBLIC WORK CERTIFICATION # - EXPIRATION DATE

NP VETERAN SERVICE AGENCY CERTIFICATION # - EXPIRATION DATE

NON-PROFIT RECOGNITION CERTIFICATION # - EXPIRATION DATE

TAX INFORMATION

(Fill out if you expect a 1099 at the end of the year)

WITHHOLDING TAX INFORMATION

TYPE OF RECIPIENT (PLEASE SELECT ONE/ SHOULD

MATCH SECTION 3 OF STD 204)

RENTS CORPORATION (REGULAR)------------- (SELECT “ALL OTHERS” ON 204)

ROYALTIES MEDICAL CORPORATION---------- (SELECT “MEDICAL” ON 204)

OTHER INCOME (PRIZED, AWARDS) LEGAL CORPORATION----------------- (SELECT “LEGAL” ON 204)

FISHING BOAT PROCEEDS NON-PROFIT CORP.----- (SELECT “EXEMPT(N. PROF)” ON 204)

MEDICAL AND HEALTHCARE PAYMENTS LLC C-CORPORATION --------- (SELECT “ALL OTHERS” ON 204)

NONEMPLOYEE COMPENSATION LLC S-CORPORATION--------- (SELECT “ALL OTHERS” ON 204)

SUBSTITUTE PAYMENTS (DIVIDENDS/INTEREST) LLC PARTNERSHIP --------------------- (SELECT “PARTNERSHIP” ON 204)

DIRECT SALES SINGLE MEMBER…