24-70007-000_IFB_-_Add_2_Clean.pdf

Department of State Hospitals

IFB Number:24-70007-000 Add 2 Bilingual Testing Services

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB Number: 24-70007-000 Addendum 2

“Bilingual Testing Services”

September 11, 2024

You are invited to review and respond to this Department of State Hospitals (DSH) solicitation. DSH is seeking bids for a contractor to perform bilingual fluency examinations for the purpose of certification.

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:

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

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 any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

This bid solicitation is published online at the Cal eProcure 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 at https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx

Revision 7/19/2024 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx

Contents

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

C. Generative Artificial Intelligence (GenAI):

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign:

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: Select one of the following statements:

E. Award and Protest:

F. Disposition of Bids:

G. 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:

ATTACHMENT 1 – BID SUBMISSION CHECKLIST

ATTACHMENT 2 – BIDDER’S CERTIFICATION

ATTACHMENT 3 – MINIMUM QUALIFICATIONS RESPONSE

ATTACHMENT 4 – BIDDER’S REFERENCES

ATTACHMENT 5 – BIDDER’S RATE SHEET

ATTACHMENT 6 – INSURANCE CERTIFICATIONS

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 8 – BIDDER DECLARATION FORM (GSPD-05-105)

ATTACHMENT 9 – GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING &

FACTSHEET (STD 1000)

ATTACHMENT 10 – CONTRACTOR CERTIFICATION CLAUSES (ccc 04/2017)

ATTACHMENT 11 – PAYEE DATA RECORD (STD. 204)

ATTACHMENT 12 – DVBE DECLARATION FORM (STD. 843)

ATTACHMENT 13 – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 14 – IRAN CONTRACTING ACT CERTIFICATION

ATTACHMENT 15 – SAMPLE AGREEMENT (STD. 213 AND EXHIBITS)

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. The Contractor shall provide bilingual fluency examinations to assist DSH with maintaining compliance with Dymally-Alatorre Bilingual Services Act (Government Code Sections 7290-7299.8). The Contractor conducts bilingual fluency examinations to determine the candidate’s competency to serve as an interpreter and/or translator, which include clinical staff that provide treatment to limited or non-English speaking patients and employees that are assigned to public contact positions that utilize their bilingual skills 10% or more during the course of their work.

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

Scope of Work located in Attachment 15, 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 November 1, 2024, through October 31, 2026. Any agreement resulting from this IFB shall have no force or effect until it is signed by both parties and approved by the Department of General Services (DGS) if such approval is required. 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 Contractor fail to commence work at the agreed upon time, DSH reserves the right to terminate the agreement for cause upon five (5) calendar days written notice to Contractor.

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

C. Generative Artificial Intelligence (GenAI):

1. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

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

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

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

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

6. Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD

1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

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, including any proof of “Doing Business As (DBA)” documentation, as 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 certify they are currently in good standing with the California Secretary of State (SOS).

DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website: https://bizfileonline.sos.ca.gov/search/business

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). At least one reference must be from a governmental entity, and if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH Contract Manager, or designee.

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. In the case of letters not composed by a DSH Contract Manager, or designee, each letter must be composed by someone who had direct https://bizfileonline.sos.ca.gov/search/business 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 the contracted services

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

ii. Be submitted on the employer/company’s official letterhead

iii. Contain an original signature by the completing party

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

C. Agreement to Sign:

1. The bidder shall certify that, if awarded an agreement, they shall sign and return one

(1) original of the Standard Agreement signature pages (Std. 213), to be received by DSH no later than seven (7) calendar days from the date that 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 DSH elects to mail the agreement. DSH reserves the right, at its sole discretion, to require documentation to be submitted in addition to the Std. 213. If DSH exercises that right, Contractor must submit all required documentation within the timeframes noted here.

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

Attachment 15, Sample Agreement, Exhibit G, Insurance Requirements, and if awarded an agreement, shall provide DSH with all required insurance documents as may be applicable, in a timely manner.

3. 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 DSH cancel a proposed award for this reason, DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time IFB available to prospective bidders September 11, 2024 10:00 AM Deadline for Submission of Questions September 13, 2024 5:00 PM

Anticipated DSH Response to Questions September 17, 2024 -- Final Date for Bid Submission October 8, 2024 3:00 PM

Public Bid Opening October 9, 2024 10:00 AM

Anticipated Notice of Intent to Award Posted

October 11, 2024 --

Anticipated Start Date November 1, 2024 --

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

B. Bidder’s Questions:

1. Bidders shall notify DSH immediately via e-mail at Jessica.schwartz@dsh.ca.gov and SacContracts@dsh.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 DSH resources. DSH shall respond to all questions via an addendum to the solicitation with all questions and answers posted on Cal e-Procure (www.caleprocure.ca.gov). Note: It is the responsibility of the bidder to check Cal eProcure for questions and/or changes within the IFB as all questions, answers, and addendums will be posted there. DSH will not be held responsible for inaccurate bids due to bidder’s oversight in reviewing any and all information via Cal eProcure. This official bid solicitation is only published online at the California E-Procure, FI$Cal web site at:

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

2. Verbal comments regarding this IFB are unofficial and are not binding on 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 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 # 24-70007-000

ATTN: Jessica Schwartz

Department of State Hospitals mailto:SacContracts@dsh.ca.gov http://www.caleprocure.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx

1215 O Street, MS-1 Sacramento, CA, 95814

DO NOT OPEN

ii. All bids submitted under a sealed cover must clearly and legibly show the bidder’s 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 marked accordingly

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 14 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 DSH to easily locate all response descriptions and exhibits for each requirement of this IFB. Note: Attachment 15 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.

vi. Hand Delivery of bids are by appointment only. To schedule Hand Delivery of bid please contact Jessica Schwartz at Jessica.schwartz@dsh.ca.gov.

2. Signature Requirements:

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

ii. All bids shall include any required documents as shown in Attachment 3 –

Minimum Qualifications Response.

mailto:Jessica.schwartz@dsh.ca.gov

iii. 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.

iv. 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.

v. 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. DSH may reject any or all bids and may waive an immaterial deviation in a bid. DSH’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.

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

vii. 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 in 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. If a bidder submits a second bid package without withdrawing the first as described herein, both packages shall be considered non-responsive.

ii. A bidder may withdraw their bid by submitting a written withdrawal request to

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. DSH Contracts Office is located at:

ATTN: Contracts Department

1215 O Street, MS-1

6. Modification and Rejections:

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

iii. 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.

DSH’s terms and conditions are not negotiable. Bidders are hereby advised that proposals of alternate contract language or attempts to negotiate DSH’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, DSH shall notify the proposed awardee that they must accept DSH’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, DSH shall disqualify that vendor and award the contract to the next lowest bidder after issuing a revised Notice of Intent to Award, 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, 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. 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, DSH may require bidders to submit further 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: Select one of the following statements:

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

E. 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 DGS and

DSH, including the grounds that the (protesting) bidder is the lowest responsive and 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) calendar days after filing the initial protest, the protesting bidder shall file with the DGS and DSH a detailed written statement specifying the grounds for the protest.

5. Submissions shall be made to:

Department of General Services Office of Legal Services

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

West Sacramento, CA 95605 OLSProtests@dgs.ca.gov

AND

mailto:OLSProtests@dgs.ca.gov

ATTN: Contracts Department

1215 O Street, MS-1

SacContracts@dsh.ca.gov

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.

F. 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 7920.000, 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.

G. 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. Any agreement entered into in violation of section

10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for goods or services, DSH 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:

i. FTB: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

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

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

1. In accordance with Government Code section 14838, et seq. and California Code of Regulations, title 2, section 1896.6, 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 mailto:SacContracts@dsh.ca.gov https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm will be granted to bidders certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code sections 999.50 and 999.51.

Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) by 5:00 p.m. on bid opening day. SB, MB, or NSB certification will be verified by DSH. The preference adjustment for awards based on low price cannot exceed $50,000.00.

B. Disabled Veteran Business Enterprise Program and Incentive:

1. 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, DSH shall apply an incentive to bids that include California certified DVBE participation. 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. 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 and 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.

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

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 12.

5. Disabled Veteran Business Enterprise Incentive 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

6. 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 DSH will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (g), 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 (g), 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

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

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-Target-Area-Contract- Preference?search=TACPA

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 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. Contractor must immediately notify 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 CUF when the business does all 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.

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

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

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:

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

Attachment 1 Bid Submission Checklist Attachment 2 Bidder’s Certification Attachment 3 Minimum Qualifications Response Attachment 4 Bidder’s References Attachment 5 Bidder’s Rate Sheet(s) Attachment 6 Insurance Certifications Attachment 7 Darfur Contracting Act Certification (Only if applicable) Attachment 8 Bidder Declaration Form (GSPD-05-105) Attachment 9 Generative Artificial Intelligence (GenAI) (STD 1000) Attachment 10 Contractor Certification Clauses (CCC 04/2017) Attachment 11 Payee Data Record (Std. 204) Attachment 12 DVBE Declarations Form (Std. 843) Attachment 13 California Civil Rights Law Certification Attachment 14 Iran Contracting Act Certification Form Attachment 15 Sample Standard Agreement (Std. 213 and Exhibits)

Note: Attachment 15 is included for reference only. Only the successful bidder will submit these documents, when requested by DSH.

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 14 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 Bidder’s References

______ Attachment 5 Bidder’s Rate Sheet(s)

______ Attachment 6 Insurance Certifications

______ Attachment 7 Darfur Contracting Act Certification https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

______ Attachment 8 Bidder Declaration Form (GSPD 05-105) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Attachment 9

Attachment 10

Generative Artificial Intelligence (GenAI) (STD 1000) STD 1000 Generative Artificial Intelligence (GenAI) Reporting & Factsheet (ca.gov)

Contractor Certification Clauses (CCC-4/2017) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract-Language

______ Attachment 11 Payee Data Record (Std. 204) https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf

Attachment 12 DVBE Declarations Form (Std. 843) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Attachment 13 California Civil Rights Law Certification OLS004.pdf (ca.gov) https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

Attachment 14 Iran Contracting Certification https://www.dgs.ca.gov/- /media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verificati on_Form.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf

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 QUALIFICATIONS RESPONSE

Bidder’s Name: ___________________________________Email: __________________________

Minimum Qualification Bidder's Response Bidder must submit a copy of their license to do business in the State of California including any proof of “Doing Business As (DBA)” documentation, 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, regardless of where they are incorporated, shall certify they are currently in good standing with the California Secretary of State (SOS). DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website:

The bidder certifies that they understand the insurance requirements and, if awarded an agreement, shall sign and return one (1) originals of the Standard Agreement signature pages (Std. 213) and any required insurance documents as directed.

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 Declarant Print First and Last Name Date Signed

ATTACHMENT 4 – 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). At least one reference must be from a governmental entity, and if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH Contract Manager, or designee.

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. In the case of letters not composed by a DSH Contract Manager, or designee, 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:

iii. The bidder’s ability to provide the contracted services

iv. 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:

iv. Provide the name, address, title, company, and phone number of the qualifying employer/company

v. Be submitted on the employer/company’s official letterhead

vi. Contain an original signature by the completing party

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

References

Name of Company

Address

Contact Name and Title

Telephone

Email Address

ATTACHMENT 5 – BIDDER’S RATE SHEET

Important Considerations:

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.

Bilingual Exam Services Prices (Cost per

Test) Language Proficiency - Assesses level of fluency in English and the target language in general context.

Interpreter Skills - Assesses Level of fluency in English and the target language, along with terminology and interpreting skills in a healthcare context.

ATTACHMENT 6 – INSURANCE CERTIFICATIONS

This form reminds bidders of the insurance requirements that may be imposed by this solicitation and provides samples of some of the forms that they may be required to produce prior to being awarded an agreement.

Initial Certification

Bidder acknowledges that they have reviewed and understands the insurance requirements for this solicitation as described in Attachment 15, Sample Agreement, Exhibit G, Insurance Requirements.

Bidder acknowledges that they have reviewed and understands the sample insurance forms provided with this attachment.

Bidder certifies that, if awarded an agreement, the bidder shall provide DSH with all required insurance documents as may be applicable, in a timely manner. This includes, but may not be limited to:

Certificates of insurance showing the bidder’s insurance coverage types and limitations, Proof that the bidder has insured the State of California, its officers, employees, and agents. Bidder further understands that this proof shall come in the form of either:

• An endorsement to the bidder’s insurance policy (Form CG 20 10 11 85 or as broad as),

• A copy of the bidder’s current insurance policy that shows that the policy already insures all parties required to be insured by this Agreement.

Bidder certifies that, should Commercial General Liability insurance be required, and should the bidder use a subcontractor to complete a portion of this Agreement, the bidder shall either:

□ Include the subcontractor as an additional named insured under the bidder’s policy,

□ Ensure that each subcontractor is insured under their own Commercial General

Liability policy.

Bidder acknowledges that they understand that 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.

Bidders are reminded that there is no requirement to submit proof of insurance with their bid.

Proof of insurance shall only be required of those firms awarded a contract.

ACORD CERTIFICATE

This is a sample insurance certificate.

ENDORSEMENT

Language on this certificate indicating that the State is an additional insured is not sufficient to meet the requirements of Exhibit G.

INSURED

The name in this box MUST match the name listed in the PAYEE’S LEGAL BUSINESS NAME field on the Std. 204.

TYPE OF INSURANCE and LIMITS Each required insurance type, with the exception of Worker’s Compensation and Professional Liability, must be listed on the certificate.

CERTIFICATE HOLDER

This box must be completed as indicated in Exhibit G, section 4.

POLICY EXP.

All required insurance types must be active (not expired). If an insurance policy expiration date is impending, awarded firms are advised to be ready to submit an updated certificate with the renewal dates.

“BLANKET ENDORSEMENT”

Section g. is an example of an existing insurance policy that contains a provision naming a contracted party an additional insured.

POLICY OR FORM NUMBER

Like a blanket endorsement, this traditional endorsement must be reconcilable to the insurance certificate.

A policy or form number that is also referenced on the insurance certificate must be present on the endorsement.

ADDITIONAL INSURED LANGUAGE

As required in Exhibit G, the “State of California, its officers, employees, and agents” must be listed as the additional insured parties. However, this endorsement may be limited to just the operations under the Agreement.

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code sections 10475 - 10490 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 1047, 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 8 – BIDDER DECLARATION FORM (GSPD-05-105)

Form is located at the following web address:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT 9 – GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING &

FACTSHEET (STD 1000)

STD 1000 Generative Artificial Intelligence (GenAI) Reporting & Factsheet (ca.gov)

ATTACHMENT 10 – CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

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

ATTACHMENT 11 – PAYEE DATA RECORD (STD. 204)

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 12 – DVBE DECLARATION FORM (STD. 843)

Note: This only applies if a bidder or a subcontractor is a DVBE

ATTACHMENT 13 – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

Note: This only applies for contracts $100,000.00 and above.

https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

ATTACHMENT 14 – IRAN CONTRACTING ACT CERTIFICATION

Note: This only applies for contracts over $1 million dollars

Form is located at the following web address:

https://www.dgs.ca.gov/-

/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

ATTACHMENT 15 – SAMPLE AGREEMENT (STD. 213 AND EXHIBITS)

EXHIBIT A

SCOPE OF WORK

1. CONTRACTED PARTIES:

A. --------------------, hereafter referred to as Contractor, agrees to provide bilingual fluency examinations for the purpose of certification (as defined in Section 6) to the Department of State Hospitals (DSH) pursuant to the terms and conditions of the Agreement.

2. SERVICE LOCATIONS:

A. The services shall be performed over telephone and/or online.

3. SERVICE HOURS:

A. The services shall be provided Monday through Friday during normal business hours, 8:00 a.m. to 5:00 p.m., excluding State observed holidays.

4. PROJECT REPRESENTATIVES:

A. The project representatives during the term of this Agreement will be:

Contract Manager:

Department of State Hospitals: Contractor:

Section/Unit:

Selection Services Unit

Section/Unit:

Attention:

Address:

Phone:

Fax:

Email:

Administrative Contacts (all administrative inquiries should be directed to):

Department of State Hospitals: Contractor:

Section/Unit:

Selection Services Unit

Section/Unit:

Either party may make changes to the contact names or information above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement.

5. SUMMARY OF WORK TO BE PERFORMED:

A. The Contractor shall provide oral bilingual fluency examinations to assist DSH with maintaining compliance with Dymally-Alatorre Bilingual Services Act (Government Code Sections 7290- 7299.8). The Contractor conducts bilingual fluency examinations to determine the candidate’s competency to serve as an interpreter and/or translator, which include clinical staff that provide treatment to limited or non-English speaking patients and employees that are assigned to public contact positions that utilize their bilingual skills 10% or more during the course of their work.

6. CONTRACTOR RESPONSIBILITIES:

A. The Contractor shall provide bilingual fluency examinations in accordance with ASTM International (formerly the American Society for Testing Materials) Standard F2889, which describes best practices for the development and use of tests in the modalities of speaking, listening, reading, and writing for assessing ability accordingly to the Interagency Language Roundtable (ILR) scale.

i. Work with DSH regarding reasonable accommodation requests.

ii. Administer exam via telephone or internet

iii. Administer bilingual exam on as-needed basis for various languages, including but not limited to:

1. Spanish

2. Russian

3. Vietnamese

4. Mandarin

5. Cantonese

6. Korean

7. Tagalog

8. French

9. Punjabi

iv. Score exam and certify candidates in the testing language with at least equivalent to the score of “2” in Listening and Speaking on the ILR scale.

v. Email testing results to DSH Contract Manager and provides a certificate to successful candidates.

vi. Retain records of candidates and their result for 5 years for compliance review and audit.

vii. Provide exam records and documents to DSH Contract…