Department of State Hospitals IFB Number: 25-09003-000 Statewide Level of Care Staffing Services

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB Number: 25-09003-000

“Level of Care Staffing Services”

May 01, 2026

You are invited to review and respond to this Department of State Hospitals (DSH) solicitation. DSH is seeking bids for a contractor to perform Temporary Relief and permanent recruitment efforts for licensed Registered Nurses, License Vocational Nurses, and Certified Nursing Assistants.

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:

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 8/2/2024 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dgs.ca.gov%2FOLS%2FResources%2FPage-Content%2FOffice-of-Legal-Services-Resources-List-Folder%2FStandard-Contract-Language%3Fsearch%3Dgeneral%2520terms%2520and%2520conditions&data=05%7C02%7CKathryn.Hill%40dsh.ca.gov%7Cac958ecada1d43a8b52108dd6bdcf806%7C807536a6a6b14893a01370509c59ebbb%7C0%7C0%7C638785319036345269%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=a7q65yCZv6lL6c28hr64nqvrPdupm6iQcGue2hnaPpg%3D&reserved=0 https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx

Table of Contents

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

C. Civil Service Considerations:

D. Generative Artificial Intelligence (GenAI):

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. Agreement to Sign:

C. Curriculum Vitae and Letters of Interest:

D. Medical License:

E. Other MQ:

F. Non-Collusion Declaration:

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. Bidder’s Questions:

C. Submission of Bids:

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

B. Responsiveness and Responsibility Determination:

C. False Statements Disclaimer:

D. Intention to Award:

E. Multiple Provider Disclaimer and Breaking Tie Bids:

F. Award and Protest:

G. Disposition of Bids:

H. Tax Delinquency Disclaimer:

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

B. Disabled Veteran Business Enterprise Program and Incentive:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

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 – CONTRACTOR CERTIFICATION CLAUSES (ccc 04/2017)

ATTACHMENT 10 – PAYEE DATA RECORD (STD. 204)

ATTACHMENT 11 – DVBE DECLARATION FORM (STD. 843)

ATTACHMENT 12 – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 13 – IRAN CONTRACTING ACT CERTIFICATION

ATTACHMENT 14 – NON-COLLUSION DECLARATION

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

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. DSH manages the nation’s largest inpatient forensic mental health hospital system. Its mission is to provide evaluation and treatment in a safe and responsible manner, seeking innovation and excellence in state hospital operations, across a continuum of care and settings. DSH is responsible for the daily care and provision of mental health treatment of its patients. DSH oversees five (5) state hospitals and employs nearly 11,000 staff. DSH services over 13,000 patients with an average daily census of over 7,000 patients.

2. DSH has historically experienced healthcare staffing challenges throughout the State of California. With civil service recruitment and other contracting temporary/relief services efforts, DSH continues to experience healthcare staffing vacancies. DSH is seeking a contractor with the ability to provide health care staffing relief (both temporary and permanent) with qualified candidates for short and long-term needs.

3. Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, insurance and personnel to: provide the DSH with temporary relief and permanent RN, LVN, and CNA (used within DSH as a Psychiatric Therapist Assistant (PTA) level of care services; to assist the medical staff at State Hospitals 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.

4. 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 July 1, 2026, through June 30, 2029. 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. Civil Service Considerations:

1. DSH operates five hospitals statewide. To meet the required levels of care, DSH uses registry services when necessary. DSH 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. Bidders are advised that the proposed services shall be used only in the event that DSH is unable to adequately staff its facilities through the use of civil servants.

D. 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 must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

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

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

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

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

1. Bidders must certify 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.

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

B. 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.

https://bizfileonline.sos.ca.gov/search/business

C. Curriculum Vitae and Letters of Interest:

1. Bidders must provide with their bid package current Curriculum Vitae from a minimum of five (5) potential Registered Nurses, License Vocational Nurses, and Certified Nursing Assistants.

D. Medical License:

1. Bidders must provide with their bid package a current copy of the medical license(s) issued by the Medical Board of California and the California Department of Consumer Affairs, for any physician(s) who will provide services under this agreement.

E. Other MQ:

1. Bidders must provide evidence of five (5) years’ experience recruitment for clinical classifications in forensic mental health facilities. For the purpose of this section, recruitment means providing temporary relief placements and permanent placements of level of care classifications.

F. Non-Collusion Declaration:

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

2. If the bidder is a corporation, the Bidder is required to identify all parent corporations and all corporations in which the Bidder has an interest, and to provide the information in item “1” above for each of those entities.

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

4. Bids will be found to be non-responsive for any Bidders who have the same owner, shareholder, director and/or officer as any other bidder.

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time IFB available to prospective bidders 05/01/2026 2:00PM Deadline for Submission of Questions 05/07/2026 5:00PM Anticipated DSH Response to Questions 05/15/2026 2:00PM Final Date for Bid Submission 05/20/2026 5:00PM Public Bid Opening 05/27/2026 9:00AM Anticipated Notice of Intent to Award Posted

06/03/2026 N/A

Anticipated Start Date 07/01/2026 N/A

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 SacContracts@dsh.ca.gov and

Paul Carrillo at Paul.Carrillo@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:

i. Electronic submittals shall be uploaded to the DSH Share Point site:

a. At least 24 - 48 hours prior to submittal, to request access, please send an email inquiry to bidsubmittal@dsh.ca.gov (and CC Paul.Carrillo@dsh.ca.gov) so that the assigned administrator can provide mailto:SacContracts@dsh.ca.gov mailto:Paul.Carrillo@dsh.ca.gov http://www.caleprocure.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx file://entpfs1.dsh.ca.gov/Group/PCSS/02.%20Statewide%20Contracts/FY%202025/25-09003-000%20IFB%20Level%20of%20Care/Soliciation/Archive/bidsubmittal@dsh.ca.gov%20 mailto:Paul.Carrillo@dsh.ca.gov access to upload documents.

b. Please include the email address of the individual who will be submitting the documents. This email address will be the only address that will be able to access the DSH Share Point.

c. Once the administrator receives the inquiry, the administrator will grant access, and a link will be provided for document submittal.

d. All electronic submittals shall be in one continuous PDF with all documents in sequential order according to the Submission Checklist.

ii. Please include the email address of the individual who will be submitting the documents. This email address will be the only address that will be able to access the DSH Share Point.

iii. Once the administrator receives the inquiry, the administrator will grant access, and a link will be provided for document submittal.

iv. All electronic submittals shall be in one continuous PDF with all documents in sequential order according to the Submission Checklist.

v. Late bid submissions will not be considered.

1. 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 Qualification Response.

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.

2. 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.

3. 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 sending an email inquiry to

BidSubmittal@dsh.ca.gov (and CC Paul.Carrillo@dsh.ca.gov) so that an administrator can be aware of the withdrawn/altered documents.

4. 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 file://entpfs1.dsh.ca.gov/Group/PCSS/02.%20Statewide%20Contracts/FY%202025/25-09003-000%20IFB%20Level%20of%20Care/Soliciation/Archive/BidSubmittal@dsh.ca.gov%20 file://entpfs1.dsh.ca.gov/Group/PCSS/02.%20Statewide%20Contracts/FY%202025/25-09003-000%20IFB%20Level%20of%20Care/Soliciation/Archive/Paul.Carrillo@dsh.ca.gov 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:

1. DSH intends, if an award is made, to award to a single service provider.

However, DSH reserves the right to award agreements to multiple providers.

The awarded agreements will be based upon the lowest responsive and responsible bids in accordance with Section V, Preference and Incentive Programs. Bidders should submit bids accordingly.

E. Multiple Provider Disclaimer and Breaking Tie Bids:

1. This IFB may result in multiple agreements, unless DSH receives fewer responsive and responsible bids, in order to meet the demands of patient care. DSH may award to multiple contractors by ranking contractors based on the lowest responsive and responsible bid as primary followed by the next lowest responsive and responsible bids, and so forth.

i. Note: Upon award, DSH shall contact awarded contractors in bid order when requesting services (“canvassing”). Failure of an awarded contractors to respond within 24 hours to a DSH request for service shall result in DSH requesting services from the next lowest awardee until DSH service needs are met. All awarded contractors will be used for back up services, in the event that the primary bidder is unavailable to provide the services requested.

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

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

ii. In accordance with the California Code of Regulations title 2, section 1896.6, if, after the application of the small business preference, the bid of the responsible 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.

iii. 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 Registered Nurses, License Vocational Nurses, and Certified Nursing Assistants.

iv. Should two bidders submit the same hourly rate and the same number of

Registered Nurses, License Vocational Nurses, and Certified Nursing Assistants, a coin toss, or series of coin tosses, witnessed by two DSH contracts staff shall determine the lower bidder for ranking purposes.

F. Award and Protest:

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

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

3. If any bidder, prior to the award of agreement, files a written protest with the 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 OLSProtests@dgs.ca.gov

AND

Department of State Hospitals – Sacramento

Saccontracts@dsh.ca.gov

G. Disposition of Bids:

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

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. 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:

mailto:OLSProtests@dgs.ca.gov file://entpfs1.dsh.ca.gov/Group/PCSS/02.%20Statewide%20Contracts/FY%202025/25-09003-000%20IFB%20Level%20of%20Care/Working%20Docs/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

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 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.

2. Small Business Preference Example (Single Award):

Bidder A Bidder B Bidder C

Bidder Status NSB NSB w/ 25% SB Preference Applicable? X X

Original Bid Amount $100,000 $105,000 $102,500 Apparent Low Bid X

Pref. Amount (5% of Low Bidder) $0 $5,000 $5,000 Revised Bid $100,000 $100,000 $97,500

Revised Lowest Bidder X

3. Explanation of Example:

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

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

B. Disabled Veteran Business Enterprise Program and Incentive:

1. 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. For solicitations where bidders are asked to submit hourly rates, the incentive shall be calculated solely on the basis of that rate.

4. The net bid price of responsive bids with DVBE participation will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked, responsive 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.

5. 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 11.

4. 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

5. 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 Revised Lowest Bidder X

DVBE Incentive Applicable? X Incentive Qualified 5%

Incent. Amt. (% of Low Bid) $0 $0 $5,000 $0 Revised Bid $100,000 $100,500 $98,000 $101,000

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

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.

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.

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

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 Contractor Certification Clauses (CCC 04/2017) Attachment 10 Payee Data Record (Std. 204) Attachment 11 DVBE Declarations Form (Std. 843) Attachment 12 California Civil Rights Law Certification Attachment 13 Iran Contracting Act Certification Form Attachment 14 Non-Collusion Declaration 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 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 10 Payee Data Record (Std. 204) https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf

Attachment 11 DVBE Declarations Form (Std. 843) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

Attachment 12 California Civil Rights Law Certification OLS004.pdf (ca.gov)

Attachment 13 Iran Contracting Certification https://www.dgs.ca.gov/- /media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_For m.pdf

Attachment 14 Non-Collusion Declaration https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.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/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_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 certify that they are licensed to do business in the State of California including any proof of “Doing Business As (DBA)” documentation, as applicable.

Do you so certify

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:

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

Fictitious Name Permit included?

Yes No N/A

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.

Bidders must provide with their bid package current Curriculum Vitae from a minimum of five (5) potential RN’s, LVN’s CNA’s.

Curriculum Vitae included?

Bidders and/or their subcontractors must provide evidence of five (5) years’ experience recruitment for clinical classifications in forensic mental health facilities. For the purpose of this section, recruitment means providing temporary relief placements and permanent placements of level of care classifications. Registered Nurses, License Vocational Nurses, and Certified Nursing Assistants.

Evidence Provided?

Yes No

Bidders must sign attached Non-Collusion Declaration form and provide Organizational Chart.

Signed Declaration & Org Chart Included?

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 a list of three (3) references 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). If bidder has provided these services to a government entity during the timeframe above, they must be used as a reference. Furthermore, if the bidder has provided services to DSH during this timeframe, one of the references must be from a DSH Contract Manager, or designee. Each reference must be able to address each of the following:

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.

3. DSH does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by DSH. The estimates listed below are a good faith estimate and are not a guarantee of business and is subject to change depending on fluctuation in patient population.

The amounts indicated below will be used solely for comparison of bids. DSH makes no guarantee, expressed or implied for actual number of hours to be used. However, the actual rates quoted by the bidder shall be binding for the term of the agreement.

4. Bidder shall provide an hourly rate per facility only in locations where the bidder desires to provide service. The bidder is not compelled to provide services to all locations.

5. As described in Attachment 15, Sample Agreement, Exhibit A, Scope of Work, the locations checked are the primary locations to receive services. Bidders are advised to submit rates that would allow for them to provide services at other DSH locations if requested.

6. DSH further reserves the right to amend the resulting agreements for two (2) additional terms of up to one (1) year each. For the purposes of funding the proposed years, DSH shall encumber funds appropriate to the rates then in effect for each agreement.

7. THE BID CAP FOR THIS AGREEMENT HAS BEEN SET AS SHOWN IN THE TABLE

BELOW. ANY BID RECEIVED THAT EXCEEDS THE HOURLY Rate Caps & Hour Admin Fee

BELOW WILL BE REJECTED. HOWEVER, THE AWARD RANKING WILL BE BASED ON

THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS.

8. DSH shall evaluate bids on the basis of the hourly rates submitted and a weighted formula, with the award(s) made to the Bidder(s) with the lowest Total Bid. To determine the Total Adjusted Bid, DSH shall employ the following formula as shown in the table on next page.

9. DSH will evaluate bids based on the tables below with the award(s) made to the Bidder(s) with the lowest cost responsive and responsible bid(s).

10. Contractor agrees that the Tier Level will be set for each hospital and classification by DSH Procurement and Contract Services Section (PCSS) upon award of the contract.

Classification(s) within a hospital may change tiers (up or down) through an amendment to another tier level at the discretion of PCSS based on location and/or staffing needs. Although multiple tier levels are provided as a good faith estimate and guide, Contractor is advised and should assume that all staffing service hours may occur at Tier Level 1 and are not a guarantee of hours at a specific Tier Level. There is no guarantee of Tier Level increases during the term of the contract.

11. The State reserves the right to adjust the Tier Level at the rates below by classification and location via a mutually agreed upon amendment. Any amendment to change a Tier Level for a specific classification within a specific hospital may have time period established for the change. At the end of the established time period, the specific classification within the specific hospital shall return to the previous Tier Level, unless the change is extended by further amendment.

12. Any bid received that may not be congruent with current market rates and industry standards may be rejected.

Part A: Bidders Cost for Temporary Relief Services.

Classification Tiers Hourly Staff

Rate Cap Proposed

Hourly Rate Estimated Monthly

Hours (FTE)

Estimated Months

Extension (Proposed Hourly Rate x Monthly Hours x Months)

Registered Nurse

(RN)

Tier 1 Max: $138.00

176 12

Tier 2 Max: $152.00

Tier 3 Max: $165.00

License Vocational Nurse (LVN)

Max: $78.00

Max: $82.00

Max: $87.00

Certified Nursing Assistant (CNA)

Max: $52.00

Max: $56.00

Max: $60.00

Total $

Part B: Monthly Flat Overhead Fee

Classification Monthly Flat Overhead Fee % (not to exceed 15%)

RN, LVN, CNA

Part C: Recruitment Fee for Permanent Placements

DSH Facility Description Proposed Recruitment Fee per each Personnel

Estimated Number of Staff for Recruitment (for comparison purposes only)

Extension (Proposed Recruitment Fee x Estimated # of Staff)

All Facilities Contractor shall be provided with a Recruitment Fee for each permanently hired individual provider as a result of this Agreement pursuant to the terms of the Exhibit A. DSH will disburse 50% of the recruitment fee, sixty (60) calendar days after the time of hire.

The remaining one-half (1/2) of the fee shall be due and payable thirty (30) calendar days after the employee officially and successfully completes the required civil service probationary period or at the end term of this Agreement, whichever occurs first.

The Recruitment Fee shall not exceed $2,500 for any position per individual

Part A Total

Part B Total

Part C Total

Total Bid Amount (For evaluation purposes only)

A. The State reserves the right to adjust the Tier Level at the rates below by classification and location via a mutually agreed upon amendment.