23NRW002-_RFP.pdf

Department of State Hospitals RFP Number 23NRW002

REQUEST FOR PROPOSAL

Solicitation Number: 23NRW002

Temporary Relief Nurse Registry

PROPOSALS DUE NO LATER THAN

May 13, 2024, at 2:00 pm (PST)

Central Business Office

Contracts Unit

1227 O Street, Room 100

Sacramento, CA 95814

Telephone: (916) 616-1199

REQUEST FOR PROPOSAL (RFP)

Notice to Prospective Proposers

RFP Number: 23NRW002

“Temporary Nursing Services”

Department of State Hospitals RFP Number 23NRW002

March 28, 2024

You are invited to review and respond to this Department of Veterans (CalVet) Request for proposal. CalVet is seeking proposals for a contractor to provide Temporary Relief Services for licensed Registered Nurses, License Vocational Nurses, and Certified Nursing Assistants.

In submitting a proposal, proposers 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 proposer’s proposal. By submitting a response, proposers agree to the terms and conditions stated in this solicitation and any resulting agreement.

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

This RFP solicitation is published online at the Cal eProcure web site at:

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

CalVet encourages potential proposers to read this entire document thoroughly and carefully.

1. Exhibit C - General Terms and Conditions for Private Contractors (GTC 04/2017).

2. Standard Contractor Certification Clauses (CCC 04/2017)

Upon award, Contractor shall be required to provide the following Insurance Requirements as listed in Exhibit D.

It is the opinion of CalVet that this RFP is complete and without need of explanation. This RFP can be made available in a text-only format as a disability-related reasonable accommodation compliant with the California Government Code and Americans with Disabilities Act (ADA).

Please note that no verbal information given will be binding upon CalVet unless such information is issued in writing as an official addendum. If you have questions or should you need any clarifying information, the contact person for this RFP is:

Daisy Kaur CBO Manager California Department of Veterans Affairs

1227 O Street Sacramento, CA 95814

Phone: (916) 616 - 1199 Email: daisy.kaur@calvet.ca.gov https://caleprocure.ca.gov/pages/public-search.aspx https://caleprocure.ca.gov/pages/

TABLE OF CONTENTS

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions: 4

C. Civil Service Considerations:

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign:

D. Technical proposal Written Narrative

E. Resume Documenting Experience

F. Organizational Chart

III. PROPOSAL REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. Proposer’s Questions:

C. Packaging and Submittal Instructions:

IV. PROPOSAL EVALUATION AND AWARD

A. Review of Proposal Requirements:

B. False Statements Disclaimer:

C. Intention to Award:

D. Multiple Provider Disclaimer and Breaking Tie Proposals:

E. Award and Protest:

F. Disposition of Proposals:

G. Tax Delinquency Disclaimer:

V. SPECIAL PROGRAMS

A. Disabled Veteran Business Enterprise Program and Incentive:

B. Small Business Preference:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

i. Notice to Prospective Bidders:

ii. Attachment 1 – Proposal Submission Checklist

iii. Attachment 2 – Proposer’s Certification

iv. Attachment 3 – Minimum Qualification Response

v. Attachment 4 – Proposer's Rate Sheet

vi. Attachment 5 – Commercially Useful Function Certification Form

vii. Attachment 6 – Proposer Declaration Form (GSPD-05-105)

viii. Attachment 7 – Payee Data Record (Std. 204)

ix. Attachment 8 – Contractor Certification Clauses (CCC – 04/2017)

x. Attachment 9 – Insurance Certifications

xi. Attachment 10 – Darfur Contracting Act Certification

xii. Attachment 11 – Iran Contracting Act Certification

xiii. Attachment 12 – California Civil Rights Law Certification

xiv. Attachment 13 – DVBE Declarations Form (Std. 843)

xv. Attachment 14 – Sample Technical Proposal Score Sheet

xvi. Attachment 15 – Sample Agreement (Std. 213 and Exhibits)

xvii. Attachment 16 - Proposer Reference Form

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. The California Department of Veterans Affairs (CalVet) works to serve California veterans and their families. With nearly 1.6 million veterans living in the State, CalVet strives to ensure that its veterans of every era and their families get the state and federal benefits and services they have earned and deserve as a result of selfless and honorable military service. CalVet strives to serve veterans and their families with dignity and compassion and to help them achieve their highest quality of life.

CalVet oversees Eight (8) Veteran Homes.

2. The Veterans Home of California, West Los Angeles (Home) is experience staffing challenges.

Current levels are not sufficient to fully support the number of Certified Nursing Assistants (CNA) mandated by licensing agencies. This contract will provide CNA's on an "as needed" basis to substitute for staff on leave vacation, and to also cover vacant positions the Home is working aggressively to fill.

Registry staff are encouraged to apply for the Homes' vacant positions. The Home currently has 63 CNA, and 4 LVN vacancies.

a) Calvet has historically experienced healthcare staffing challenges throughout the State of

California. With civil service recruitment and other contracting temporary/relief services efforts, CalVet continues to experience healthcare staffing vacancies. CalVet is seeking a contractor with the ability to provide temporary health care staffing with qualified candidates for short and long-term needs.

b) Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, insurance and personnel to: provide the CalVet with temporary relief and permanent CNA services; to assist the medical staff at the Los Angeles Home (West LA Home) in providing the highest quality of medical care reasonable and consistent with available resources; and to 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, Joint Commission, and the Department of Justice.

c) Please carefully review and consider the minimum qualifications and the detailed Scope of

Work Sample Agreement, Exhibit A- Scope of Work, Exhibit A-1 Services Specifications in order to complete your proposal.

B. Agreement Term and Security Provisions:

1. The term of any agreement resulting from this RFP is anticipated to be May 13, 2024 through May 12, 2027. Any agreement resulting from this RFP 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 CalVet reserves the right to terminate the agreement upon five (5) days written notice to the Contractor.

C. Civil Service Considerations:

CalVet operates eight (8) Homes statewide. To meet the required levels of care, the CalVet uses registry services when necessary. CalVet is aggressively recruiting for civil service employees, but until all the civil service positions can be filled, temporary services must be used to meet the required levels of care. Proposers are advised that the proposed temporary relief services shall be used only in the event that the CalVet is unable to adequately staff its Homes through the use of civil servants.

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right to Do Business:

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

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

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

4. Proposers may use subcontractors but must certify that such subcontractors serve a commercially useful function regarding any agreement awarded through this solicitation. The term “commercially useful function” in this context is referring to the requirement that any subcontractor utilized in order to meet minimum qualifications must be responsible for performing, managing and / or supervising work involved in the performance of this Agreement. This terminology is in reference to both SB/DVBE and non-SB/DVBE proposed subcontractors and is not solely defined pursuant to Public Contract Code (PCC) Chapter 2, Section 2002 (d) relative to SB/DVBE preference application.

B. References:

1. The proposer must include three (3) references from existing or former customers for whom the proposer has provided services of a similar nature and type as those outlined in this solicitation.

Use of Attachment 15 for each reference is required. References submitted must be for services provided in the past two (2) years (from the date of this solicitation). At least one reference must be from a governmental entity, and if the proposer has provided services to CalVet during this timeframe, one of the references must be from a CalVet contract manager. Please complete one (1) Attachment 15 for each reference.

The CalVet reserves the right to utilize these references in determining whether a proposer is responsible.

2. If Proposer intends to meet any of the minimum requirements via the use of subcontractors, subcontractor must provide three (3) additional reference forms. Distinction between references for Proposer versus subcontractor must be clearly and concisely delineated.

C. Agreement to Sign:

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

2. The proposer shall further certify that they understand the insurance requirements in Attachment

14, Sample Agreement, Exhibit D, Insurance Requirements, and if awarded an agreement, shall provide the CalVet with all required insurance documents as may be applicable, in a timely manner.

3. CalVet reserves the right, at its sole discretion, to cancel a proposed award to a proposer who does not submit the required documentation described herein. Should the CalVet cancel a proposed award for this reason, CalVet reserves the right, at its sole discretion, to award the contract to the next highest scoring, responsive and responsible proposer.

http://businesssearch.sos.ca.gov/

D. Technical Proposal Written Narrative

1. Proposers must submit a detailed written narrative that addresses the qualifications and experience as it relates to providing recruitment for temporary staffing needs. Written narrative should describe the number of years of experience providing temporary recruitment in a) California, and b) remote locations. Give an account of the workforce size including the number of employees throughout the United States and the strategy for recruitment of temporary employees. Clearly describe how the Proposer intends to meet the requirements in Attachment 13, Sample Technical Proposal Score Sheet, Technical Proposal Evaluation.

E. Resume Documenting Experience:

1. Proposers must provide resume(s) showing evidence of the following. Resumes should be provided for Primary key personnel to demonstrate:

a) At least three (3) years’ experience in recruit and provide for healthcare staff in example, CNAs, healthcare facilities for temporary relief staff placements;

b) At least three (3) years’ experience of successful recruit and provide in healthcare staff for remote locations in the State of California for temporary relief placements;

F. Organizational Chart

1. Proposer must provide an Organizational Chart. The Organizational Chart must show the lines of authority and reporting relationships within the Proposer’s organization including the relationship between Proposer, subcontractor(s), if any.

2. Proposer must provide a financial statement. Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State. Proposers must submit copies of independently audited financial statements for the past twenty-four (24) month period with all noted audit exceptions explained.

CalVet will accept audited financial statements prepared by a Proposer’s financial accounting department, accounting firm or auditing firm. A statement signed by a Proposer ’s Chief Financial Officer certifying that the financial statements are accurate and complete must accompany all financial statements. Subcontractor financial statements will not be accepted in lieu of primary Proposer’s statements.

III. PROPOSAL REQUIREMENTS AND INFORMATION

A. Key Action Dates:

The following dates are set forth for informational and planning purposes only and are subject to change

Note: Unless otherwise indicated, all times noted in this solicitation are Pacific Time.

B. Pre-Proposal Conference:

1. There A non-mandatory pre-proposal conference will be held virtually and is scheduled at time and date listed in key action dates for the purpose of discussing concerns regarding this RFP. Attendees can participate via computer or telephone. A Microsoft Teams meeting invitation will be emailed to potential proposers. If interested in attending, please send an email to contact listed on page 2, two days before the pre- proposal conference.

C. Proposer’s Questions:

2. Any questions regarding this RFP must be submitted in writing by, via email to the contact listed on

Page 2 of this RFP. All questions must be received prior to the deadline for questions. Emails should include the individual's name, firm name, address, and must reference RFP #. All answers will be posted on the Cal eProcure website. It is the responsibility of the Bidder to check the California State Contract Register at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this RFP.

3. Verbal comments regarding this RFP are unofficial and are not binding on the CalVet.

4. Proposers that fail to report a known or suspected problem with the RFP or fail to seek clarification and/or correction of the RFP, submit a proposal at their own risk.

D. Packaging and Submittal Instructions

1. All proposals and cost must be submitted and received by the CalVet by the Final Date for

Submission of proposal as identified in Section C)1) – Key Action Dates.

2. All proposals must be submitted in a sealed envelope.

3. The Cost proposal must be submitted in a separate sealed envelope.

RFP Available to Prospective Bidders Date: March 28, 2024

Pre-Proposal Conference Date: April 9, 2024- 2:00pm

Deadline for Questions Date: April 12, 2024 Time: 2:00 pm

Deadline for Responses to Questions Date: April 16, 2024

Final Date for Submission of Proposal Date: April 30, 2024 Time: 2:00 pm

Anticipated Proposal Evaluation Date: May 2, 2024 – May 6, 2024

Anticipated Notice of Intent to Award Posted-

Date: May 7, 2024

Term Start Date- TBD Date: May 13,2024 or Upon Approval whichever is specified

Term End Date of Agreement Date: May 12, 2027 https://caleprocure.ca.gov/pages/index.aspx

4. The address on the envelope must read:

DO NOT OPEN

RFP # 23NRW002

Temporary Nursing Registry Services

Department of Veterans Affairs 1227 O Street

ATTENTION: Daisy Kaur

Proposers are ultimately responsible for ensuring timely receipt of their proposal. Proposer may verify receipt of a proposal by contacting the CalVet Contract Analyst identified in the cover letter of this RFP.

a) Proposer are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a proposal. If the language is unclear or ambiguous, it is proposer’s responsibility to request clarification or assistance before submitting a proposal. Please note that no verbal information shall be binding upon the State unless the State issues such information in writing as an official addendum. If the RFP is modified prior to the final proposal submission date, the State shall issue an addendum to all proposer that received a proposal package. By virtue of submitting a propsal, Proposer is accepting the terms and conditions expressed herein. Costs incurred for developing proposal and in anticipation of award of the agreement are the responsibility of Prosper and shall not be charged to the State.

b) All proposals submitted under a sealed cover must clearly and legibly show the proposer’s firm name and address.

c) Proposals not submitted under a sealed cover shall be rejected. A minimum of one (1) original, five (5) hard copies of the proposal and one PDF version of the proposal on a flash drive, must be submitted, and clearly marked.

d) All proposals submitted must clearly and legibly show the Proposer’s firm name and address.

e) It is the Proposer’s responsibility to ensure that his or her Proposal is submitted in a manner that enables the CalVet to easily locate all response descriptions and exhibits for each requirement of this RFP. Page numbers must be located in the same page position throughout the proposal.

f) Responses received by the Submission Due Date must comply with Administrative

Requirements by submitting all documents listed in the Attachment 1, Proposal Submission Checklist.

g) It is the proposer’s responsibility to ensure their proposal is received by CalVet by the submission deadline as indicated in Section III.A, Key Action Dates.

5. Signature Requirements:

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

b) An individual who is authorized to bind the proposer contractually shall sign the Proposer

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

6. General Contents:

a) All proposals shall include all the documents identified in Section VI, Required Attachments, Attachment 1, Proposal Submission Checklist.

b) Proposals should provide straightforward and concise descriptions of the proposer's ability to meet the requirements of this RFP. The proposal must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a proposal.

i. Proposals 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 proposal to be rejected.

ii. A proposal 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 proposals and may waive an immaterial deviation in a proposal. The state’s waiver of an immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if awarded the agreement.

iii. Before submitting a response to this solicitation, proposers should review, correct all errors, and confirm compliance with the RFP requirements.

7. General Considerations:

a) No verbal understanding, or agreement shall be binding on either party.

b) Costs for developing proposals and anticipation of award of the agreement are entirely the responsibilities of the proposer and shall not be charged to the State of California.

8. Withdrawing and Resubmitting:

a) Proposers may modify a proposal after its submission by withdrawing the original proposal and resubmitting a new proposal prior to the RFP submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

b) Proposer’s proposal may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by Bidder or an authorized agent prior to the public proposal opening. The bid is binding once it is opened by the State and may not be withdrawn without cause:

Department of Veterans Affairs

Attn: Daisy Kaur/Stacie Kincaid 1215 O Street

Once a withdrawal is submitted to the CalVet Central Business Office, CalVet will return the unopened proposal via mail at proposer’s expense, unless such expense are waived by the awarding agency.

9. Modification and Rejections:

a) CalVet may modify the RFP, prior to the solicitation due date and time, by the issuance of an addendum to all parties who received a solicitation package.

b) CalVet reserves the right to reject all proposals. CalVet is not required to award an agreement.

c) CalVet does not accept alternate contract language from a prospective contractor. A proposal 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.

d) Proposers 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 CalVet 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.

e) CalVet shall disqualify a contractor that fails to accept the language and terms offered, and

CalVet shall award the contract to the next highest scored proposer and issue a revised Letter of Intent, if applicable.

10. Proposal Content and Order:

a) All proposals shall include all the documents identified in Section VI, Required Attachments, Attachment 1, Proposal Submission Checklist.

b) Technical Proposals shall include the following in the order identified below:

i. Proposer’s history and background to include time in business, successful fill rates for temporary/short term relief and long-term relief, timeframe to fill, etc.;

ii. Proposer’s experience in staffing clinical classifications, recruiting clinicians for remote locations, recruiting clinicians in California;

iii. Recruitment staff experience including but not limited to resumes of all staff to participate in this project;

iv. Proposer’s strategy for recruiting for the CalVet’s requirements and ensuring the successful execution of the Scope of Work found in Exhibit A and Exhibit A-1; Services Specifications, of the Sample Agreement (Attachment 14).

IV. PROPOSAL EVALUATION AND AWARD

A. Review of Proposal Requirements:

1. Phase 1 - Administrative Evaluation (Pass / Fail)

CalVet will conduct an administrative evaluation in accordance with the RFP requirements to determine a Proposer’s responsiveness and responsibility. Each proposal will be checked for completeness and/or absence of all required information and to ensure that the Proposer meets the minimum qualifications, to include the use of any subcontractors, in conformance with the submission requirements. During the evaluation period, if an item is unclear, or needs further clarification, Proposers may be requested to provide additional documentation. Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Proposer, may be rejected.

a) Definitions of Responsive and Responsible Proposers

I. A responsive proposer is one who submits a proposal that meets all of the submission requirements and minimum qualification requirements stated in the RFP. A responsible proposer is one that is trustworthy and possesses the necessary quality, fitness and capacity to satisfactorily perform the proposed work. Proposers who are determined to be not responsible or who submit non-responsive proposals shall have the proposals rejected.

b) Determining Responsive Proposers

I. Each proposal will first be reviewed to determine whether the Proposer is responsive. This includes but is not limited to, ensuring that the proposal was received by date and time specified; that the proposal contains all the required documents; that it meets the minimum qualifications; that the proposal meets the format requirements specified; and that there is no material deviation from the terms and conditions of the proposed contract.

II. A non-responsive proposal is one that does not meet the requirements stated in the RFP, fails to provide all required documents/attachments, or proposals that deviate substantially from requirements. A proposal that changes the terms and conditions of the RFP or the contract provisions will be considered a counterproposal and will be rejected as non-responsive.

2. Determining Responsible Proposers

a) A responsible proposer is one that is possesses the necessary quality, and capacity to satisfactorily perform the proposed work. Proposers who are determined to not be responsible or who submit non-responsive proposals shall have their proposals rejected.

b) Responsible proposals shall submit an evidence of the proposer’s responsibility. CalVet reserves the right to re-evaluate a proposer’s responsibility prior to award and is in no way limited to the submitted proposal packages in making a determination as to a proposer’s responsibility. In determining whether a proposer is responsible, the CalVet may require proposers to submit evidence of their qualifications at such times, and under such conditions, as it may require.

3. Phase 2 – Technical Proposal Evaluation (Maximum of 100 Points)

a) CalVet shall then conduct an evaluation of each Technical Proposal not rejected in Phase 1 by an evaluation committee consisting of CalVet employees.

I. Rating Criterion Guidelines

After studying the RFP, each panel member will review each proposal and assign points for each criterion discussed below. The reviewers will then meet either in person or by teleconference to discuss in detail the strengths, weaknesses, and ratings of each proposal. After this discussion, reviewers will reach a single consensus score for each of the proposals submitted.

Example:

A. STAFFING CLINICAL CLASSIFICATIONS

Maximum Points Possible

Points Awarded

Superior – Exceeds standards (5+ Years of Experience)- Satisfactory – Meets standards (3 – 5 Years of Experience) Unsatisfactory – Does Not Meet minimum requirements (>3 Years of Experience)

11-15 6-10

b) The criteria in the Technical Proposal Score Sheet of this RFP will be used by reviewers evaluating Technical Proposals submitted in response to this RFP. In addition to what is shown in the Sample Score Sheet, Attachment 13, each criterion will be scored based on completeness, responsiveness, clarity of response, and weighed in the context of its contribution to the end product.

4. Phase 3 – Cost Proposal Score Evaluation (Maximum of 60 Points)

a) CalVet will conduct an evaluation of each Cost Proposal not rejected in Phase 1. Cost proposal must be submitted in a separate sealed envelope. The lowest Cost Proposal shall be awarded the maximum cost points. Other Cost Proposals will be awarded cost points based upon the following formula:

Lowest Cost Proposal = $75,000 Other Cost Proposal = $100,000 Maximum Cost points available = 60

Example calculation:

(Lowest Cost Proposal) $75,000 X 60 = 45 cost points awarded to other proposal (Other Cost Proposal) $100,000

5. Phase 4 – Point Total Tabulation and Award

a) CalVet will add the point totals from the Technical Proposal Score from Phase 2 to the Cost

Proposal Score from Phase 3. The sum of these two (2) scores will be the Proposal’s Original Score. The Original Score will then be evaluated and further computed based upon any Preference and/or Incentive programs applicable (see Section V). Preference and Incentive Programs). Award will be made to the highest scoring responsible proposal.

Original Score = Technical Proposal Score + Cost Proposal Score

B. False Statements Disclaimer:

1. Proposals that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the proposer, shall be rejected.

C. Intention to Award:

1. The award of an Agreement, if it is to be awarded, will be based upon the highest scored responsive and responsible proposal in accordance with Section V, Preference and Incentive Programs. Proposers Bidders should submit proposals accordingly.

D. Breaking Tie Proposals:

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

a) 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 disabled veteran-owned small business or microbusiness shall be considered the lower bidder for ranking purposes.

b) 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 small business shall be considered the lower bidder for ranking purposes.

c) In all other circumstances where two bidders submit the same hourly rate, the lower bidder for ranking purposes shall be the one who can provide more level of care staff.

d) Should two bidders submit the same hourly rate and the same number of level of care staff, a coin toss, or series of coin tosses, witnessed by two CalVet staff shall determine the lower bidder for ranking purposes.

E. Award:

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

2. Notice of the proposed award(s) 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.

F. Protest:

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

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

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

3. 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 Veterans Affairs

Attention: Ramon Carlos/Daisy Kaur 1227 O Street

Protests may be sent by regular mail, courier or personal delivery though it is suggested that submissions are made by certified or registered mail.

G. Disposition of Proposals:

1. Upon bid opening, all documents submitted in response to this RFP 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.

2. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

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 California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered in violation of section 10295.4 is void and unenforceable.

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

a) FTB: https://www.ftb.ca.gov/aboutFTB/Delinquent-Taxpayers.shtml

b) CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

V. SPECIAL PROGRAMS

A. Disabled Veteran Business Enterprise Program and Incentive

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

2. An incentive for proposers who include DVBE participation is available and encouraged for this RFP. For evaluation purposes only, the State shall apply an incentive to proposals that include California certified DVBE participation and confirmed by the State. 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 award will be made based on highest score, the preference shall be five

(5) percent of the total score.

4. The score of responsive proposals with DVBE participation will be increased (for evaluation purposes only) by the amount of DVBE incentive as applied to the highest responsive score. If the #1 ranked, responsive, responsible proposal is a California certified small business, the only proposers eligible for the incentive will be other California certified small businesses.

5. Information submitted by the proposer to claim the DVBE incentive will be verified by the State.

Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this RFP may be used to qualify the proposer for a DVBE incentive. All DVBE Proposers and their proposed subcontractors must submit a copy of the DVBE Declarations Form (Std. 843). See Attachment 12.

a) Disabled Veteran Business Enterprise Inventive Example:

https://www.ftb.ca.gov/aboutFTB/Delinquent-Taxpayers.shtml https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

Proposer A Proposer B Proposer C

Proposer Status NSB NSB w/ 3%

DVBE

Incentive Applicable? X X

Original Score 95 89 92

Apparent High Score X

Incentive Qualified 3% 5%

Incent. Amount (% of High Score)

0 2.85 4.75

Revised Scores 95 91.85 96.75

Revised Highest Score Proposer

X

I. Explanation of Example:

The highest score belonged to Proposer A, which is a Non-Small Business not claiming a DVBE subcontracting incentive. Proposer B claims (and qualifies for) a DVBE incentive of three (3) percent. Proposer C is a DVBE, which qualifies them for a five (5) percent incentive.

To apply the incentive, three (3) percent of Proposer A’s score is added to Proposer B’s score, resulting in a revised score of 91.85. Five (5) percent of Proposer A’s score is added to Proposer C’s score, resulting in a revised score of 96.75. After applying the incentives, Proposer C’s revised score (96.75) is higher than the other scores, making them the new apparent high scorer.

b) For more information regarding the DVBE incentive, Commercially Useful Function definition, and how to find DVBEs, please view the following website:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-DVBEIncentivePkg.pdf

B. 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 proposers 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 proposal amount. A five

(5) percent preference will be granted to proposers 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 proposal opening day.

a) For solicitations where award will be made based on highest score, the preference shall be five

(5) percent of the total score.

b) Small Business Preference Example (Single Award):

Proposer A Proposer B Proposer C

NSB

w/ 25%

SB

Preference Applicable? X X

Original Score 95 89 92

Apparent Highest Score X

Pref. Amount (5% of High Score)

0 4.75 4.75

Revised Proposal 95 93.75 96.75 http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-DVBEIncentivePkg.pdf

Revised Highest Score

c) Explanation of Example:

The highest scored proposer at the time of evaluation is Proposer A, which is a Non-Small Business not claiming a Small Business subcontracting preference. Since both Proposer B and Proposer C claim a Small Business Preference, five (5) percent of Proposer A’s score is added to those of Proposer B and C. In the example above, five (5) percent of 95 is 4.75. After applying these preferences, Proposer C’s revised score (96.75) is higher than the other scores, making them the new apparent high scorer.

C. Calculation of Multiple Preferences

1. If proposers qualify for the Small Business preferences and/or the Disabled Veteran Business Enterprise incentive, the SB preference shall be calculated first. In circumstances where CalVet will award a single contract as a result of this solicitation, the DVBE incentive will not be calculated if, after the application of the SB preference, a SB proposer is the apparent high scorer in accordance with Government Code Section 14838(f).

2. Example of the Calculation of Multiple Preferences:

Proposer A Proposer B Proposer C Proposer D

NSB w/ 25%

DVBE SB

SB Pref.

Applicable?

X X

Original Score 95 85 92 89

Apparent High Score

X

Pref. Amt. (5% of High Score)

0 4.75 0 4.75

Revised Scores 95 89.75 92 93.7

Revised High Proposer

X

DVBE Incentive Applicable?

X

Incentive Qualified

5%

Incent. Amt. (% of High Score)

0 0 4.75 0

Revised Scores 95 89.75 96.75 93.7

Revised High

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: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Request-a-Target-Area-Contract-Preference.

E. Additional Small Business and Disabled Veteran Enterprise Information:

1. Adherence to the DVBE Requirements:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

a) Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the proposal 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.

b) 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 proposer’s non-responsibility in future solicitations.

2. Commercially Useful Function (CUF) Disclaimer

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

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

b) Carries out its obligation by performing, managing or supervising the work involved.

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

d) 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.

e) 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. Contractor shall be responsible for reporting payments to subcontractor DVBEs.

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

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

a. Attachment 1 Proposal Submission Checklist

b. Attachment 2 Proposer’s Certification

c. Attachment 3 Minimum Qualifications Response

d. Attachment 4 Proposer’s Rate Sheet(s)

e. Attachment 5 Proposer Declaration Form (GSPD-05-105)

f. Attachment 6 Payee Data Record (Std. 204)

g. Attachment 7 Contractor Certification Clauses (CCC-04/2017).

h. Attachment 8 Insurance Certifications

i. Attachment 9 Darfur Contracting Act Certification (Only if applicable)

j. Attachment 10 Iran Contracting Act Certification Form

k. Attachment 11 California Civil Rights Law Certification

l. Attachment 12 DVBE Declarations Form (Std. 843)

m. Attachment 13 Sample Technical Proposal Score Sheet

n. Attachment 14 Sample Standard Agreement (Std. 213 and Exhibits)

o. Attachment 15 Proposer’s Reference Form

Note: Attachments 14 is included for reference and informational. Only the successful proposer will submit attachment 14, when requested by CalVet.