25-30304-000_IFB-.pdf
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- IFB #25-30304-000 Optometry Services
- Solicitation number
- 0000037431
- Issued by
- California
About this file
Summary: IFB #25-30304-000 Optometry Services
This is an Invitation for Bid (IFB) issued by the California Department of State Hospitals (DSH) - Patton facility for optometry services on an as-needed basis. The solicitation seeks a contractor to provide comprehensive optometry and glaucoma-certified clinical services including eye examinations, refractions, pressure screenings, cataract evaluations, prescription lens dispensing, glass fabrication and repairs, and glaucoma screening and management. Services will be delivered on-site at DSH-Patton located at 3102 E. Highland Avenue, Patton, California, during standard business hours (Monday-Friday, 8:00 a.m. to 4:30 p.m., excluding state holidays). The optional bidder's conference is scheduled for December 10, 2025, at 1:00 p.m., with registration required by December 8, 2025. The bid submission deadline is December 19, 2025, at 2:00 p.m., with public bid opening on December 22, 2025. The anticipated contract term is February 1, 2026, through January 31, 2029 (three years), with no renewal options identified. The contract is subject to all security provisions required for work performed on state hospital grounds.
Contractor compensation shall be based on a per-clinic rate for optometry and glaucoma-certified clinics, with a minimum requirement of two clinics per month, each consisting of a minimum of 25 eye examinations; rates exceeding $1,200.00per clinic will be rejected. The contractor must possess a current California optometry license, glaucoma certification, and DEA registration certificate for controlled substances. A small business preference of five percent will be applied to certified small businesses, microbusinesses, and non-small businesses with minimum 25 percent small business subcontracting participation. A disabled veteran business enterprise (DVBE) incentive ranging from one to five percent applies based on participation levels, with a mandatory waiver of minimum DVBE participation requirements. The contractor must maintain professional liability insurance with limits of not less than $1,000,000 per claim and $2,000,000 aggregate, commercial general liability of $1,000,000 per occurrence and $2,000,000 aggregate, and motor vehicle liability of $1,000,000 per accident. All invoices must be submitted within twelve months of service delivery, and payment will be made in accordance with Government Code section 927 et seq. No funding source is specified in the solicitation documents.
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Department of State Hospitals IFB Number: 25-30304-000 Patton Optometry Services
INVITATION FOR BID (IFB)
Notice to Prospective Bidders
IFB Number: 25-30304-000
“Optometry Services”
December 5, 2025
You are invited to review and respond to this Department of State Hospitals (DSH) – Patton solicitation.
DSH is seeking bids for a contractor to perform Optometry Services.
In submitting a bid, bidders agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a bidder’s bid.
By submitting a response, bidders agree to the terms and conditions stated in this solicitation and any resulting agreement.
All agreements entered into with the State of California will include by reference the State’s General Terms and Conditions and Contractor Certification Clauses.
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://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:
D. Generative Artificial Intelligence (GenAI):
II. MINIMUM QUALIFICATIONS (MQ)
A. Proof of Legal Right To Do Business:
B. References:
C. Agreement to Sign:
D. Optometry License:
E. Glaucomal License:
F. Controlled Substance Registration Certificate:
III. BID REQUIREMENTS AND INFORMATION
A. Key Action Dates:
B. Bidder’s Conference:
C. Bidder’s Questions:
D. 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:
F. Tie Breaker:
G. Award and Protest:
H. Disposition of Bids:
I. 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 – SAMPLE AGREEMENT (STD. 213 AND EXHIBITS)
I. DESCRIPTION OF SERVICES
A. Description of Services/Background:
1. Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, certifications, permits, insurance and personnel to provide DSH with optometry services on an as-needed basis. Services shall be provided 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, the Joint Commission, and the Department of Justice.
2. Please carefully review and consider the minimum qualifications, and the detailed
Scope of Work located in Attachment 14, Sample Agreement, Exhibit A, Scope of Work, in order to complete your bid.
3. The DSH Patton is a forensic psychiatric hospital located in Patton, CA, in San
Bernardino County. DSH-Patton was established in 1890 and opened in 1893. DSH- Patton provides treatment to forensically and civilly committed patients within a secure treatment area. The hospital does not accept voluntary admissions.
B. Agreement Term and Security Provisions:
1. The term of any agreement resulting from this IFB is anticipated to be February 1, 2026 through January 31, 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 performances 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 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 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.
4. For the purposes of this bid, and, as required by the Medical Practice Act (Business and Professions Code, section 2000 et seq.), only bidders which are a) medical corporations, b) entities solely owned by physicians or individual physicians licensed to practice medicine in the State of California, and which physicians are in good standing with the Medical Board of California (and/or the Osteopathic Medical Board of California, as applicable), c) entities as defined in Business and Professions Code section 2401, d) a hospital owned and operated by a public entity (state or local), or e) otherwise in compliance with the Medical Practices Act may submit a bid.
https://bizfileonline.sos.ca.gov/search/business
Bidders who are individual physicians must submit a copy of each physician’s license issued by the Medical Board (or the Osteopathic Medical Board) of California with their bid. Bidders who are Medical Corporations must submit copies of physician licenses issued by the Medical Board (or the Osteopathic Medical Board) of California for each physician on staff relevant to their status as a medical corporation with their bid.
Bidders who are entities solely owned by physicians must submit copies of physician licenses issued by the Medical Board (or the Osteopathic Medical Board) of California for all owners with their bid. Bidders who are entities as defined in Business and Professions Code section 2401 must indicate which type of entity and submit proof that they meet the requirements of the appropriate subsection. Bidders which are public entity hospitals shall submit proof that they are a public entity (state or local).
Bidders which otherwise comply with the Medical Practices Act must submit a declaration describing how they comply with the Act.
5. If a bidder is using any name other than his or her own, either alone, in conjunction with a partnership or group, or as the name of a professional corporation, a Fictitious Name Permit (FNP) must be on file with the California Department of Consumer Affairs under the name of the bidder, as specified in the Medical Practice Act (Business and Professions Code, section 2000 et seq.). Bidders must provide proof that they have an approved FNP on file with the Medical Board by submitting a copy of the FNP as part of their bid package.
B. References:
Bidder must submit applicable 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:
i. The bidder’s responsiveness to requests for service
ii. The bidder’s ability to provide the contracted services
iii. The customer’s overall assessment of the bidder’s performance
The list of references shall include the following:
i. Name of Company
ii. Address
iii. Contact Name and Title
iv. Phone number
DSH reserves the right to utilize these references 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 14, 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.
D. Optometry License:
1. Bidders must submit a copy of Optometrist current license by the California
Department of Consumer Affairs, California State Board of Optometry.
E. Glaucoma Certification:
1. Bidders must submit a copy of current Controlled Substance Registration Certificate issues by the United States Department of Justice Drug Enforcement Administration.
F. Controlled Substance Registration Certificate:
1. Bidders must submit a copy of current Controlled Substance Registration Certificate issues by the United States Department of Justice Drug Enforcement Administration.
III. BID REQUIREMENTS AND INFORMATION
A. Key Action Dates:
Event Date Time
IFB available to prospective bidders 12/05/25 12:00 PM
Due Date to Submit Request to Attend Conference
12/08/25
2:00 PM
Optional Bidder’s Conference 12/10/25 1:00 PM
Deadline for Submission of Questions 12/12/25 1:00 PM
Final Date for Bid Submission 12/19/25 2:00 PM
Public Bid Opening 12/22/25 2:00 PM
Notice of Intent to Award Posted TBD N/A
Anticipated Start Date 2/1/26 N/A
Note: Unless otherwise indicated, all times noted in this solicitation are Pacific Time.
B. Bidder’s Conference:
1. This conference is OPTIONAL. Bidders will not be penalized for not attending the conference. Bidders who wish to attend the conference must notify Ana E. Romero via e-mail at ana.romero@dsh.ca.gov and CC: Aubreana Diaz via email at aubreana.diaz@dsh.ca.gov by 12/08/25. This notification must include the first and last name of the proposed attendee.
2. For interested bidders who need assistance due to a physical impairment, a reasonable accommodation will be provided by the DSH, upon request. Bidders must request the accommodation when requesting to attend the conference as described above.
3. At the time of the conference, bidders and/or their representatives will be required to bring their driver’s license or other state-issued identification card to be admitted onto hospital grounds. Bidders and/or their representatives will not be admitted onto hospital grounds unless professionally and appropriately dressed in clothing distinct from that worn by patients at the hospital. Bidders are hereby provided notice that the following restrictions will be enforced at the hospital. Failure to abide by any of the restrictions below may result in being barred from the conference:
• Bidders will be required to adhere to all current hospital infectious illness prevention protocols.
• Tan and khaki clothing will prevent entry into patient areas of the hospital. No ties, scarves, or any items worn around the neck.
• Electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are subject to search within the Secured Treatment Area (STA). Contractor shall not mailto:ana.romero@dsh.ca.gov mailto:aubreana.diaz@dsh.ca.gov take pictures or video with a camera or phone anywhere on DSH grounds without the consent or presence of the Contract Manager or Bidder’s Conference designee.
• Bidders will be required to adhere to all current infectious control protocols upon entering DSH grounds and/or the Sallyport.
4. The representative may only sign-in to represent one (1) company. Subcontractors may not represent a potential prime contractor at a conference.
5. The conference will start promptly at 1:00 p.m. on 12/10/25 and late parties will not be allowed entrance to the conference. It is the bidder’s responsibility to be on time.
Please plan accordingly.
C. Bidder’s Questions:
1. Bidders shall notify DSH immediately via e-mail at ana.romero@dsh.ca.gov and aubreana.diaz@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.
D. 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:
mailto:aubreana.diaz@dsh.ca.gov http://www.caleprocure.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx
IFB #25-30304-000
Optometry Services
ATTN: Contracts Department Department of State Hospitals – Patton
3102 E. Highland Avenue Patton, CA 92369
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 clearly marked.
iv. The bid package should be prepared in the least complicated method. Originals and copies should be bound with binder-clips or staples (no covers, no spiral bindings, etc.). All pages in the bid must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Double-sided printing is preferred except for required attachments numbers 1 through 13 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 14 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 Ana E. Romero at ana.romero@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 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.
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:
Department of State Hospitals – Patton
ATTN: Acquisitions and Contracts Department 3102 E Highland Avenue
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. Tie Breaker:
1. Should two or more bidders submit bids that, after the calculation of preferences as described in Section V, Preference and Incentive Programs, result in a tie, 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 agreement shall be awarded to the disabled veteran-owned small business or microbusiness.
ii. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the bid of the small business is equal to the lowest priced bid from a responsible non-small business, the agreement shall be awarded to the small business.
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
dshpshcontracts@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 mailto:OLSProtests@dgs.ca.gov mailto:dshpshcontracts@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
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 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. For solicitations where bidders are asked to submit a flat rate, the preference shall be calculated solely on the basis of that rate.
3. Small Business Preference Example (Single Award):
Bidder A Bidder B Bidder C
Bidder Status NSB NSB w/ 25% SB
Preference Applicable? X X
Original Bid Amount $100,000 $105,000 $102,500
Apparent Low Bid X
Pref. Amount (5% of Low Bidder) $0 $5,000 $5,000
Revised Bid $100,000 $100,000 $97,500
Revised Lowest Bidder X
4. Explanation of Example:
The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a SB subcontracting preference. Since both Bidder B and Bidder C claim a SB Preference, five (5) percent of Bidder A’s bid is subtracted from those of Bidder B and C. In the example above, five (5) percent of $100,000 is $5,000. After applying these preferences, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.
Note: Since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.
B. Disabled Veteran Business Enterprise Program and Incentive:
1. DSH hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this IFB.
Confirmed DVBE Participation
DVBE Incentive
7% and above 5%
6% to 6.99% 4%
5% to 5.99% 3%
4% to 4.99% 2%
3.01% to 3.99% 1%
0% -3% No incentive – minimum 3% participation required
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 flat 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.
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
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
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- 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.
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
iii. Performs work that is normal for its business services and functions.
iv. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.
v. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.
Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.
VI. REQUIRED ATTACHMENTS
A. Listing of Attachments:
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 Sample Standard Agreement (Std. 213 and Exhibits)
Note: Attachment 14 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 13 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_Verificati on_Form.pdf 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.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 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:
Bidders must either be medical corporations, be individual physicians licensed to practice medicine in the State of California, be entities which are otherwise physician owned, be entities as defined in Business and Professions Code section 2401, be a hospital owned and operated by a public entity (state or local) or be otherwise in compliance with the Medical Practices Act.
Valid license, proof, or declaration included?
If a bidder is using any name other than his or her own, a Fictitious Name Permit (FNP) must be on file with the California Department of Consumer Affairs.
Fictitious Name Permit included?
Bidder must provide three (3) references from customers as described in II.
Minimum Qualifications (MQ), Section B., References.
References
The bidder certifies that they understand the insurance requirements and, if awarded an agreement, shall sign and return one (1) original of the Standard Agreement signature pages (Std. 213) and any required insurance documents as directed.
Bidders must submit a copy of optometrist’s current license issued by the California Department of Consumer Affairs, California State Board of Optometry.
Optometry license
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). 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. Each reference must be able to address each of the following:
i. The bidder’s responsiveness to requests for service
ii. The bidder’s ability to provide services as compared to his or her agreed upon contract
iii. The customer’s overall assessment of the bidder’s performance
The DSH reserves the right to utilize these references 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.
3. The 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 the 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. The 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. Optometry services, rendered under the Agreement resulting from this IFB, shall be compensated in accordance with the rates quoted by the Bidder listed in the following cost sheet:
Description of Services Rate per Clinic
Optometry/Glaucoma Certified Clinics (minimum of two (2) clinics per month, each clinic with a minimum of 25 eye exams)
***Rates over $1,200.00 will be rejected***
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:
i. • • • An endorsement to the bidder’s insurance policy (Form CG 20 10 11 85 or as broad as),
i. • • • 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
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 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…
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