16-30031_-_IFB_(Final).pdf

Department of State Hospitals - Patton IFB Number: 16-30031-000

Off-Site Sleep Medicine Services

09/30/14

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

“Off-Site Sleep Medicine Services”

February 22, 2016

You are invited to review and respond to this Department of State Hospitals (DSH) – Patton solicitation. The DSH is seeking bids for a contractor to perform off-site sleep medicine services.

In submitting a bid, bidders agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a bidder’s bid. By submitting a response, bidders agree to the terms and conditions stated in this solicitation and any resulting agreement.

All agreements entered into with the State of California will include by reference the state’s General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

This bid solicitation is published online at the California E-Procure, FI$Cal web site at:

https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, and answers to questions posed, you must register online at https://caleprocure.ca.gov.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx https://caleprocure.ca.gov/pages/index.aspx http://www.bidsync.com/.%20%0d http://dmhinsite.ca.gov/Forms/docs/DSHLogo_3i_300dpi.png

TABLE OF CONTENTS

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign:

D. Technician’s Certification:

E. Physician’s License:

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. Bidder’s Questions:

C. Submission of Bids:

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

B. Responsiveness and Responsibility Determination:

C. False Statements Disclaimer:

D. Intention to Award:

E. Tie Breaker:

F. Award and Protest:

G. Disposition of Bids:

H. Tax Delinquency Disclaimer:

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

B. Disabled Veteran Business Enterprise Program and Incentive:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

i. Attachment 1 – Bid Submission Checklist

ii. Attachment 2 – Bidder’s Certification

iii. Attachment 3 – Minimum Qualification Response

iv. Attachment 4 – Darfur Contracting Act Certification

v. Attachment 5 – Bidder’s References

vi. Attachment 6 – Bidder's Rate Sheet

vii. Attachment 7 – Bidder Declaration Form (GSPD-05-105) ......................................... (web) 22

viii. 22Attachment 8 – DVBE Declarations Form (Std. 843) ............................................. (web) 22

ix. Attachment 9 – Payee Data Record (Std. 204) ......................................................... (web) 22

x. Attachment 10 – Contractor Certification Clauses (CCC - 307)

xi. Attachment 11 – Sample Agreement (Std. 213 and Exhibits)

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, insurance and personnel to provide the DSH with off-site sleep medicine services on an as-needed basis. Contractor shall assist the DSH medical staff in providing the highest quality of medical care reasonable and consistent with available resources and assure that appropriate clinical evaluations and documentation meet the requirements and standards set forth by Title 22 of the California Code of Regulations regarding community care licensing and the Department of Justice.

2. Please carefully review and consider the minimum qualifications, and the detailed Scope of

Work located in Attachment 11, Sample Agreement, Exhibit A, Scope of Work, in order to complete your bid.

B. Agreement Term and Security Provisions:

1. The term of any agreement resulting from this IFB is anticipated to be July 1, 2016, through

June 30, 2018. Any agreement resulting from this IFB shall have no force or effect until it is signed by both parties and approved. Performance shall start no later than on the expressed date set by the awarding agency and after all approvals have been obtained and the agreement is fully executed.

2. All performance, under the agreement, shall be completed on or before the termination date of the agreement.

3. Should the Contractor fail to commence work at the agreed upon time, the DSH reserves the right to terminate the agreement upon five (5) days written notice to the Contractor.

4. Contractor shall agree to all security provisions where the performance of work takes place on any state hospital grounds.

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

Bidders must submit proof of their legal right to do business in the State of California:

1. Bidders must submit a copy of their license to do business in the State of California, where applicable.

2. Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

3. Bidders which are corporations, regardless of where they are incorporated, shall submit a print-out from the California Secretary of State website (http://kepler.sos.ca.gov) which shows that their corporation is registered and is currently in good standing.

http://kepler.sos.ca.gov/

4. For the purposes of this bid, and, as required by the Medical Practice Act (Business and

Professions Code, section 2000 et seq.), only bidders which are a) medical corporations, b) entities solely owned by physicians or individual physicians licensed to practice medicine in the State of California, and which physicians are in good standing with the Medical Board of California (and/or the Osteopathic Medical Board of California, as applicable), c) entities as defined in Business and Professions Code section 2401, d) a hospital owned and operated by a public entity (state or local), or e) otherwise in compliance with the Medical Practices Act may submit a bid.

Bidders who are individual physicians must submit a copy of each physician’s license issued by the Medical Board (or the Osteopathic Medical Board) of California with their bid. Bidders who are Medical Corporations must submit copies of physician licenses issued by the Medical Board (or the Osteopathic Medical Board) of California for each physician on staff relevant to their status as a medical corporation with their bid. Bidders who are entities solely owned by physicians must submit copies of physician licenses issued by the Medical Board (or the Osteopathic Medical Board) of California for all owners with their bid. Bidders who are entities as defined in Business and Professions Code section 2401 must indicate which type of entity and submit proof that they meet the requirements of the appropriate subsection. Bidders which are public entity hospitals shall submit proof that they are a public entity (state or local).

Bidders which otherwise comply with the Medical Practices Act must submit a declaration describing how they comply with the Act.

5. If a bidder is using any name other than his or her own, either alone, in conjunction with a partnership or group, or as the name of a professional corporation a Fictitious Name Permit (FNP) must be on file with the California Department of Consumer Affairs under the name of the bidder, as specified in the Medical Practice Act (Business and Professions Code, section 2000 et seq.). Bidders must provide proof that they have an approved FNP on file with the Medical Board by submitting a copy the FNP as part of their bid package.

B. References:

Bidder must submit applicable references:

1. Bidder must provide three (3) letters of reference from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation.

References submitted must be for services provided in the past two (2) years (from the date of this solicitation). The letters of reference must contain sufficient information (i.e., specific times and locations where the bidder was observed while providing services) in order to verify the bidder’s experience. Each letter must be composed by someone who had direct experience with the provision of services outlined in the letter. Each letter of reference must address each of the following:

i. The bidder’s ability to provide services as compared to his or her agreed upon contract

ii. The customer’s overall assessment of the bidder’s performance

To prove that submitted letters have been completed by the appropriate party, each letter must also:

i. Provide the name, address, title, company, and phone number of the qualifying employer/company or private individual familiar with bidder’s past performance

ii. Contain an original signature by the completing party

The DSH reserves the right to utilize these letters of reference in determining whether a bidder is a responsible supplier.

C. Agreement to Sign:

1. The bidder shall certify that, if awarded an agreement, they shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213), to be received by the DSH no later than seven (7) calendar days from the date the DSH e-mails the agreement to the email address provided by bidder on the Minimum Qualifications Response Form (Attachment 3).

This requirement shall be ten (10) calendar days if the DSH elects to mail the agreement. The DSH reserves the right, at its sole discretion, to require documentation to be submitted in addition to the Std. 213. If the DSH exercises that right, the contractor must submit all required documentation within the timeframes noted here.

The bidder shall further certify that they understand the insurance requirements in Attachment 12, Sample Agreement, Exhibit F, Insurance Requirements, and if awarded an agreement, shall provide the DSH with all required insurance documents as may be applicable, in a timely manner.

The DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein. Should the DSH cancel a proposed award for this reason, the DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

D. Technician’s Certification:

1. Bidder shall submit a copy of technician’s current certification to perform sleep studies, such as

Registered Polysomnographic Technologist, Certified Polysomnographic Technician, Registered Sleep Technologist, or Registered Respiratory Therapist - Sleep Disorders Specialist.

E. Physician’s License:

1. Bidder shall provide a copy of physician’s current license issued by the California Department of Consumer Affairs, Medical Board of California (MBC).

2. Bidder shall provide a copy of physician’s current specialty license as a Board certified Pulmonologist, Neurologist, or Otolaryngologist.

3. Bidder shall provide a copy of physician’s current license issued by the American Board of Sleep Medicine (ABSM).

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time

IFB available to prospective bidders 2/22/16 N/A

Deadline for Submission of Questions 3/2/16 2:00 p.m.

Final Date for Bid Submission 3/7/16 3:30 p.m.

Public Bid Opening 3/7/16 4:00 p.m.

Notice of Intent to Award Posted TBD N/A

Anticipated Start Date 7/1/16 N/A

B. Bidder’s Questions:

1. Bidders should notify the DSH immediately through California E-Procure, FI$Cal, (https://caleprocure.ca.gov ) if they need clarification about the services being sought or have questions about the IFB instructions or requirements. The level of detail that shall be provided in response is subject to the availability of the DSH resources. Note: It is the responsibility of the bidder to check California E-Procure, FI$Cal for questions and/or changes within the IFB as all questions, answers, and addendums will be posted. The DSH will not be held responsible for inaccurate bids due to bidder’s oversight in reviewing any and all information via California E-Procure, FI$Cal.

2. Verbal comments regarding this IFB are unofficial and are not binding on the DSH unless later confirmed in writing as an official addendum.

3. Bidders that fail to report a known or suspected problem with the IFB or fail to seek clarification and/or correction of the IFB, submit a bid at their own risk.

C. Submission of Bids:

1. Physical Submission:

i. All bids must be submitted under a sealed cover and received by the DSH by the date and time shown in Section III, A – Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, and must be marked “DO NOT OPEN,” as shown in the following example:

IFB # 16-30031-000

ATTN: Carolyn DeCorse

Department of State Hospitals - Patton 3102 E. Highland Avenue

Patton, CA 92369

DO NOT OPEN

https://caleprocure.ca.gov/

ii. All bids submitted under a sealed cover must clearly and legibly show the bidder’s firm name and address.

iii. Bids not submitted under a sealed cover shall be rejected. A minimum of one (1) original and one (1) copy of the bid must be submitted, and clearly marked.

iv. The bid package should be prepared in the least complicated method. Originals and copies should be bound with binder-clips or staples (no covers, no spiral bindings, etc.).

All pages in the bid must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Double-sided printing is preferred except for required attachments numbers 1 through 10, located in pages 16 through 26 of this IFB, which must be printed single-sided. It is the bidder’s responsibility to ensure that his or her bid is submitted in a manner that enables the DSH to easily locate all response descriptions and exhibits for each requirement of this IFB. Page numbers must be located in the same page position throughout the bid. Note: Attachment 11 should not be returned with the bid.

v. Mail Delivery, Hand Delivery, or Overnight Delivery of bids should be addressed as in

Item 1.i. above.

2. Signature Requirements:

i. All documents requiring a signature must bear an original signature of a person authorized to bind the proposing firm.

ii. An individual who is authorized to bind the bidder contractually shall sign the Bidder

Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

3. General Contents:

i. All bids shall include all of the documents identified in Section VI, Required Attachments, Attachment 1, Bid Submission Checklist (Page 16).

ii. Bids should provide straightforward and concise descriptions of the bidder's ability to satisfy the requirements of this IFB. The bid must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a bid.

iii. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and shall cause a bid to be rejected.

iv. A bid shall be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The state may reject any or all bids and may waive an immaterial deviation in a bid. The state’s waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

v. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

vi. Where applicable, bidders must carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

4. General Considerations:

i. No oral understanding or agreement shall be binding on either party.

ii. Costs for developing bids and anticipation of award of the agreement are entirely the responsibilities of the bidder and shall not be charged to the State of California.

5. Withdrawing and Resubmitting:

i. A bidder may modify a bid, after its submission, by withdrawing their original bid package and resubmitting a new bid package prior to the bid submission deadline. Bidders modifications offered in any other manner, oral or written, will not be considered.

ii. A bidder may withdraw their bid by submitting a written withdrawal request to the DSH – Contracts Office, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid package prior to the bid submission deadline. Bids may not be withdrawn without cause, subsequent to the bid submission deadline. The DSH Contracts Office is located at:

Department of State Hospitals – Patton Acquisitions and Contracts Office

6. Modification and Rejections:

i. The DSH may modify the IFB, prior to the solicitation due date and time, by the issuance of an addendum to all parties who received a solicitation package.

ii. The DSH reserves the right to reject all bids. The DSH is not required to award an agreement.

iii. The DSH does not accept alternate contract language from a prospective contractor, unless offered through the Question and Answer period. A bid with alternate contract language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. Bidders are hereby advised that proposals of alternate contract language or attempts to negotiate the state’s Terms and Conditions after the selection of a proposed awardee shall be considered a counter proposal for the purposes of this solicitation. In such a situation, the DSH shall notify the proposed awardee that they must accept the state’s language and terms as offered or be disqualified from being awarded a contract. Should a contractor fail to accept the language and terms offered, the DSH shall disqualify that vendor and award the contract to the next lowest bidder and issue a revised Letter of Intent if applicable.

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

1. At the time of the bid opening, each bid will be opened, read aloud, and checked for preference and incentive requests.

B. Responsiveness and Responsibility Determination:

1. After the bid opening, the DSH will evaluate each bid to determine its responsiveness and each bidder’s responsibility to the published requirements of this IFB.

2. A responsive bidder is one who submits a bid that meets all of the submission requirements and minimum qualification requirements stated in the IFB. A responsible bidder is one that is trustworthy and possesses the necessary quality, fitness and capacity to satisfactorily perform the proposed work. Bidders who are determined to not be responsible or who submit non-responsive bids shall have their bids rejected.

3. Responsive bids shall be considered evidence of the proposer’s responsibility. The DSH reserves the right to reevaluate a bidder’s responsibility prior to award and is in no way limited to submitted bid packages in making a determination as to a bidder’s responsibility. In determining whether a bidder is responsible, the DSH may require bidders to submit evidence of their qualifications at such times, and under such conditions, as it may require.

C. False Statements Disclaimer:

1. Bids that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected.

D. Intention to Award:

1. The DSH intends, if an award is made, to award to the lowest responsive responsible bidder in accordance with Section V, Preference and Incentive Programs.

E. Tie Breaker:

1. Should two or more bidders submit bids that, after the calculation of preferences as described in Section V, Preference and Incentive Programs, result in a tie, the DSH shall resolve the tie as follows:

i. In accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

ii. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the bid of the small business is equal to the lowest priced bid from a responsible non-small business, the agreement shall be awarded to the small business.

iii. In all other circumstances a coin toss witnessed by two DSH admin staff shall determine the proposed awardee.

F. Award and Protest:

1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, electronic mail, or personal delivery five (5) working days prior to the award of the agreement.

2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

3. If any bidder, prior to the award of agreement, files a written protest with the Department of

General Services (DGS) and the DSH, including the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

4. Within five (5) days after filing the initial protest, the protesting bidder shall file with the DGS and the DSH a detailed written statement specifying the grounds for the protest. It is suggested that any protest be submitted by certified or registered mail.

5. Submissions shall be made to:

Department of General Services Office of Legal Services

Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605

FAX: (916) 376-5088

Department of State Hospitals Attention: Bonnie Silverman 1600 9th Street, Room 101

Sacramento, CA 95814

FAX: (916) 653-8752

6. Protests may be sent by regular mail, facsimile, courier or personal delivery though it is suggested that submissions are made by certified or registered mail. Protestants should include their fax numbers, where applicable.

G. Disposition of Bids:

1. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code section 6250, et seq.) and subject to review by the public.

Should a bidder desire to keep any or all components of their response to this IFB confidential, the bidder would need to obtain a protective order from a court of competent jurisdiction.

H. Tax Delinquency Disclaimer:

1. Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, the DSH shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and BOE websites. The established lists can be found at:

i. FTB: https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml

ii. BOE: http://www.boe.ca.gov/cgi-bin/deliq.cgi

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

1. In accordance with Government Code section 14838.5, et seq. and California Code of

Regulations, title 2, section 1896, et seq., a five (5) percent preference will be granted to bidders properly certified as a California Small Business (SB), Microbusiness (MB), or Non- Small Business (NSB) with a Small Business subcontracting for a minimum of 25% of the bid amount. A five (5) percent preference will be granted to bidders certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code section 999.50.

Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Certification by 5:00 p.m. on bid opening day. The preference adjustment for awards based on low price cannot exceed $50,000.00.

2. For solicitations where bidders are asked to submit bids based upon a percentage of

Medicare, preferences shall be calculated solely on the basis of that percentage.

3. Small Business Preference Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 25% SB

Preference Applicable?

X X

Original Bid Amount $100,000 $105,000 $102,500

Apparent Low Bid X

Pref. Amount (5% of Low Bidder) $0 $5,000 $5,000

Revised Bid $100,000 $100,000 $97,500

Revised Lowest Bidder

X https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.boe.ca.gov/cgi-bin/deliq.cgi

4. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a SB subcontracting preference. Since both Bidder B and Bidder C claim a SB Preference, five (5) percent of Bidder A’s bid is subtracted from those of Bidder B and C. In the example above, five (5) percent of $100,000 is $5,000. After applying these preferences, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

B. Disabled Veteran Business Enterprise Program and Incentive:

1. The DSH hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this IFB.

2. An incentive for bidders who include DVBE participation is available and encouraged for this IFB. For evaluation purposes only, the State shall apply an incentive to bids that include California certified DVBE participation and confirmed by the DSH. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

DVBE Incentive Participation DVBE Incentive

5% or Over 5%

4% to 4.99% Inclusive 4%

3% to 3.99% Inclusive 3%

2% to 2.99% Inclusive 2%

1% to 1.99% Inclusive 1%

3. For solicitations where bidders are asked to submit bids based upon a percentage of

Medicare, the incentive shall be calculated solely on the basis of that percentage.

4. The net bid price of responsive bids with DVBE participation will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked, responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be other California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $50,000.00, whichever is less, of the #1 ranked net bid price. When used in combination with a Small Business preference adjustment, the cumulative adjustment amount cannot exceed $100,000.00.

5. Information submitted by the bidder to claim the DVBE incentive will be verified by the DSH.

Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this IFB may be used to qualify the bidder for a DVBE incentive. All DVBE bidders and their proposed subcontractors must submit a copy of the DVBE Declarations Form (Std. 843). See Attachment 8.

6. Disabled Veteran Business Enterprise Inventive Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 3% DVBE

Incentive Applicable?

X X

Original Bid Amount $100,000 $105,000 $102,500

Apparent Low Bid X

Incentive Qualified 3% 5%

Incent. Amount (% of Low Bidder) $0 $3,000 $5,000

Revised Bid $100,000 $102,000 $97,500

Revised Lowest Bidder

X

7. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a DVBE subcontracting incentive. Bidder B claims (and qualifies for) a DVBE incentive of three (3) percent. Bidder C is a DVBE, which qualifies them for a five (5) percent incentive. To apply the incentive, three (3) percent of Bidder A’s bid is subtracted from Bidder B’s bid, resulting in a revised bid of $102,000. Five (5) percent of Bidder A’s bid is subtracted from Bidder C’s bid, resulting in a revised bid of $97,500. After applying the incentives, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

C. Calculation of Multiple Preferences:

1. In the event that bidders qualify for the SB preference and/or the DVBE incentive, the SB preference shall be calculated first. In circumstances where the DSH will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (f), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB bidder is the apparent low bidder unless another SB bidder is also a DVBE or has subcontracted with DVBE firms.

Note: in accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

2. Example of the Calculation of Multiple Preferences:

Bidder A Bidder B Bidder C Bidder D

Bidder Status NSB NSB w/ 25% DVBE SB

SB Pref. Applicable? X X

Original Bid Amount $100,000 $105,500 $103,000 $106,000

Apparent Low Bid X

SB Pref. Amt. (5% of Low Bid) $0 $5,000 $0 $5,000

Revised Bid $100,000 $100,500 $103,000 $101,000

Revised Lowest Bidder X

DVBE Incentive Applicable? X

Incentive Qualified 5%

Incent. Amt. (% of Low Bid) $0 $0 $5,000 $0

Revised Bid $100,000 $100,500 $98,000 $101,000

Revised Lowest Bidder X

D. Other Preference Programs:

1. Additional preference programs exist and may be applicable. Specifically the Target Area

Contract Preference Act (TACPA). For information regarding these programs please see the following website: http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx

E. Additional Small Business and Disabled Veteran Enterprise Information:

1. Adherence to the DVBE Requirements:

i. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section 10115.10 or Public Contract Code section 4110 (applies to public works only). Contractor must immediately notify the DSH’s SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

ii. Failure of Contractor to adhere to the certification requirements of Military and Veterans Code section 999.5, subdivision (d) may be used as evidence of the bidder’s non-responsibility in future solicitations.

2. Commercially Useful Function (CUF) Disclaimer

Each certified SB/MB or DVBE must perform a commercially useful function. Bidders who are found to not be performing a CUF will have their bids deemed non-responsive. A SB/MB or DVBE is deemed to perform a commercially useful function when the business does all of the following:

i. Is responsible for the execution of a distinct element of the work of the agreement.

ii. Carries out its obligation by actually performing, managing, or supervising the work involved.

http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx

iii. Performs work that is normal for its business services and functions.

iv. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

v. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

1. Refer to the following list for additional attachments that are a required part of this solicitation.

i. Attachment 1 Bid Submission Checklist

ii. Attachment 2 Bidder’s Certification

iii. Attachment 3 Minimum Qualifications Response

iv. Attachment 4 Darfur Contracting Act Certification (Only if applicable)

v. Attachment 5 Bidder’s References

vi. Attachment 6 Bidder’s Rate Sheet(s)

vii. Attachment 7 Bidder Declaration Form (GSPD-05-105)

viii. Attachment 8 DVBE Declarations Form (Std. 843)

ix. Attachment 9 Payee Data Record (Std. 204)

x. Attachment 10 Contractor Certification Clauses (CCC-307). The CCC-307 can also be found on the Internet at www.ols.dgs.ca.gov/Standard+Language.

xi. Attachment 11 Sample Standard Agreement (Std. 213 and Exhibits)

Note: attachment 11 is included for reference only. Only the successful bidder will submit these documents, when requested by DSH.

http://www.ols.dgs.ca.gov/Standard+Language.

ATTACHMENT 1

Bid Submission Checklist

Complete this checklist to confirm the items in your bid. For your bid to be considered responsive, Attachments 1 through 10 in this checklist must be submitted by the Bid Submittal Deadline indicated in this IFB. Include this checklist with your bid package.

Contractor Name: ____________________________________________________________________

Attachment Name of Attachment

______ Attachment 1 Bid Submission Checklist

______ Attachment 2 Bidder’s Certification

______ Attachment 3 Minimum Qualifications Response

______ Attachment 4 Darfur Contracting Act Certification (only if applicable)

______ Attachment 5 Bidder’s References

______ Attachment 6 Bidder’s Rate Sheet

______ Attachment 7 Bidder Declaration Form (GSPD 05-105)

This form is not included in this IFB. Please obtain from the following web site:

http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf

______ Attachment 8 DVBE Declarations Form (Std. 843)

This form is not included in this IFB. Please obtain from the following http://www.documents.dgs.ca.gov/pd/poliproc/STD-843.pdf

_____ Attachment 9 Payee Data Record (Std. 204)

This form is not included in this IFB. Please obtain from the following http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

______ Attachment 10 Contractor Certification Clauses (CCC – 307)

ATTACHMENT 2

Bidder’s Certification

The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

By signing below, the bidder represents and warrants that statements and representations contained in the documents and data submitted in connection with this bid are true and correct. In the event the bidder’s submittal in connection with this bid contains false statements or misrepresentations of fact, the bid may be rejected or any succeeding contract terminated for cause and the bidder deemed to be a non-responsible bidder which may adversely affect future bids submitted by the bidder. In addition, any misrepresentation of fact or fraud in connection with an attempt to secure a state contract, could result in legal action being taken against the bidder.

An Unsigned Bidder’s Certification May Be Cause for Rejection

Company Name Telephone Number Fax Number

Address Email

Name Title

Original Signature Date

Small Business Preference Request

Check one:

This bidder requests a Small Business preference

This bidder does NOT request a Small Business preference

California Certified Small Business Number:

ATTACHMENT 3

Minimum Qualification Response

Bidder’s Name: _________________________________________________________________

Minimum Qualification Bidder's Response

Bidder must submit a copy of their license to do business in the State of California as applicable.

Business License(s) Included?

Yes No N/A

Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

Do you so certify?

Yes No

Bidders which are corporations shall submit a printout from the California Secretary of State website which shows that their corporation is currently in good standing.

Printout included?

Bidders must either be medical corporations, be individual physicians licensed to practice medicine in the State of California, be entities which are otherwise physician owned, be entities as defined in Business and Professions Code section 2401, be a hospital owned and operated by a public entity (state or local), or be otherwise in compliance with the Medical Practices Act.

Valid license, proof, or declaration included?

If a bidder is using any name other than his or her own, a Fictitious Name Permit (FNP) must be on file with the California Department of Consumer Affairs.

Fictitious Name Permit included?

Bidder must provide three (3) references from customers as described in II. Minimum Qualifications (MQ), Section B., References.

References included?

The bidder certifies that they understand the insurance requirements and, if awarded an agreement, shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213) and any required insurance documents as directed.

Email: _____________________________________________________________

Do you so certify?

Bidder shall submit a copy of technician’s current certification to perform sleep studies, such as Registered Polysomnographic Technologist, Certified Polysomnographic Technician, Registered Sleep Technologist, or Registered Respiratory Therapist - Sleep Disorders Specialist.

Technician’s Certification Included?

Bidder shall provide a copy of physician’s current license issued by the California Department of Consumer Affairs, Medical Board of California (MBC).

Physician’s MBC License included?

Bidder shall provide a copy of physician’s current specialty license as a board certified Pulmonologist, Neurologist, or Otolaryngologist

Physician’s Specialty

Bidder shall provide a copy of physician’s current license issued by the American Board of Sleep Medicine (ABSM).

Physician’s ABSM

I, the undersigned, declare that the certifications required above are true and that I am authorized to make such certifications and bind the bidder contractually

Signature of Declarer Print First and Last Name Date Signed

ATTACHMENT 4

Darfur Contracting Act Certification

Public Contract Code sections 10475 - 10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal or bid.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code section 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477, subsection (b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477, subsection (b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

ATTACHMENT 5

Bidder’s References

1. Bidder must provide three (3) letters of reference from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation. References submitted must be for services provided in the past two (2) years (from the date of this solicitation). The letters of reference must contain sufficient information (i.e., specific times and locations where the bidder was observed while providing services) in order to verify the bidder’s experience. Each letter must be composed by someone who had direct experience with the provision of services outlined in the letter.

Each letter of reference must address each of the following:

i. The bidder’s ability to provide services as compared to his or her agreed upon contract

ii. The customer’s overall assessment of the bidder’s performance

To prove that submitted letters have been completed by the appropriate party, each letter must also:

i. Provide the name, address, title, company, and phone number of the qualifying employer/company or private individual familiar with bidder’s past performance

ii. Contain an original signature by the completing party

The DSH reserves the right to utilize these letters of reference in determining whether a bidder is a responsible supplier.

References

Name of Company

Address

Contact Name

Telephone

Email Address

ATTACHMENT 6

Bidder's Rate Sheet

1. The bidder shall set forth the bid rates in clear, legible figures in the space provided.

2. By submitting a bid, the bidder agrees that his or her final bid constitutes an irrevocable offer which shall be valid for 180 calendar days from the bid submission date.

3. Off-site sleep medicine services, rendered under the Agreement resulting from this IFB, shall be compensated utilizing the current Medicare Fee Schedule for County location where services are performed (Area 99) Participating Amount (PAR), based on the assignment of a Current Procedural Terminology (CPT) code(s) and/or a Healthcare Common Procedure Coding System (HCPCS) code(s) for each service performed and multiplied by not more than the percent of the Medicare rate quoted by the Bidder.

Medicare Fee Schedule X ___________% (insert Bid Amount) = Amount Paid

ATTACHMENT 7

Bidder Declaration Form (GSPD-05-105)

Form is located at the following web address:

ATTACHMENT 8

DVBE Declarations Form (Std. 843)

ATTACHMENT 9

Payee Data Record (Std. 204)

ATTACHMENT 10

Contractor Certification Clauses, CCC 307

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug- Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

http://www.dir.ca.gov/

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). 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…