Addendum_3_RFP_5259947.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Temporary Healthcare Staffing Services (THSS) Request for Proposal (RFP) Event ID: 5259947 *Addendum 3* *December 3, 2025*

OPENING

The State of California, Department of General Services Procurement Division (DGS-PD) is conducting this Request for Proposal (RFP) to establish mandatory Master Service Agreements (MSA) for Temporary Healthcare Staffing Services (THSS) for Temporary Healthcare Provider Personnel (THPP). The THSS MSAs resulting from this RFP will be mandatory for all State of California governmental agencies subject to DGS oversight that seek to acquire temporary healthcare staffing.

RFP solicitations can be complex, but there are processes to assist the proposing community. If something is unclear, needs clarification, or changes are needed, email the Procurement Official listed in RFP Section 1.5 immediately.

All RFP sections are critically important. Immediately read them thoroughly and then re-read them.

DO NOT WAIT UNTIL THE LAST DAY TO SUBMIT A PROPOSAL.

The RFP is organized as follows:

· TABLE OF CONTENTS: A quick list of all sections contained in the RFP.

· SECTION 1 – INTRODUCTION AND OVERVIEW: Provides the scope of the RFP and introduces the Procurement Official for the RFP.

· SECTION 2 – RULES GOVERNING COMPETITION: Provides the rules the Proposer must follow for competing in this RFP process.

· SECTION 3 – PROPOSING REQUIREMENTS: Identifies requirements and obligations for the Proposer.

· SECTION 4 – COST: Explains how cost is to be presented in the proposal.

· SECTION 5 – PROPOSAL FORMAT: Explains how the Proposer is to organize and submit its proposal.

· SECTION 6 – EVALUATION: Explains how the State will evaluate proposals.

· SECTION 7 – ATTACHMENTS: Lists the relevant attachments to the RFP. Refer to RFP Section 5 to verify which attachments must be returned with the proposal.

This document is not required to be submitted with proposal.

TABLE OF CONTENTS

SECTION 1 – INTRODUCTION AND OVERVIEW

The Department of General Services, Procurement Division (hereinafter referred to as “DGS-PD”) is requesting proposals from qualified firms to establish mandatory Master Service Agreement(s) (hereinafter referred to as “MSA” or “Agreement(s)”) for Temporary Healthcare Staffing Services (hereinafter refer to as “THSS”) for Temporary Healthcare Provider Personnel (hereinafter refer to as “THPP”) to be used by state agencies and local governmental agencies, referred to collectively as “User Agency” or “User Agencies”.

Scope THSS are needed to support county, state, and local agencies (e.g., California Department of State Hospitals, California Department of Veterans Affairs, and California Correctional Health Care Services) due to recruitment challenges for various healthcare positions and facilities, especially those in rural communities.

The term of the MSA(s) resulting from this RFP will be for a five (5) year period. Upon mutual agreement of the Contractor and State, DGS-PD may extend the MSA(s) for one (1) additional two (2) year period, or portion thereof, with a maximum cumulative MSA term of seven (7) years. Extensions will be made by amendment to the MSA at the same rates, terms and conditions. Changes in State or Federal law may require modifications to the terms and/or conditions of the MSA.

Use of the MSAs resulting from this RFP will be mandatory for state agencies and optional for local governmental agencies. A local governmental agency is any city, county, district, or other local governmental body or corporation, including California State Universities (CSU) and University of California (UC) systems, K-12 schools, and community colleges empowered to expend public funds.

The scope of this RFP includes 45 THPP classifications to be provided in ten (10) regions as outlined in RFP Section 1.2, Proposed Services. Award will be made by region and group as described in RFP Section 6, Evaluation.

Proposed Services The services will be provided in ten (10) regions, which are comprised of California’s 58 counties as shown in RFP Table 1 below and in Exhibit A.2 – Service Area Map (By Region):

RFP Table 1

For each region there are 25 possible Healthcare Groups consisting of 45 THPP classifications as identified in RFP Table 2 below and in Exhibit A.1 – Provider Classifications:

RFP Table 2

Proposers must propose on at least one (1) region and one (1) Healthcare Group.

Proposers must propose on all THPP Classifications within a Healthcare Group.

Proposers may propose on multiple regions and multiple Healthcare Groups.

Historical Spend DGS-PD does not guarantee the volume that will be transacted under the resulting MSAs. MSAs are zero-dollar agreements where the expenditure is at the User Agency level.

For informational purposes only, below is the historical spend from various state agencies for similar services by Fiscal Year (FY):

Proposer Reminder The RFP contains instructions for proposers to submit a complete proposal. The RFP addresses all requirements and responsibilities that Proposers must meet to be eligible for consideration.

Proposers should:

· Carefully read the entire RFP and any addenda.

· Ask questions in a timely manner if clarification is necessary.

· Submit all required responses, complete to the best of the Proposer’s ability, by the required dates and times.

· Make sure that all procedures and requirements of the RFP are accurately followed and appropriately addressed.

· Provide accurate contact information and maintain availability throughout the solicitation process.

Procurement Official The Procurement Official contact information for the RFP is listed below:

Lynnell Cuthbertson Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 799-3844 Email: Lynnell.Cuthbertson@dgs.ca.gov The Procurement Official shall be the single point of contact. All inquiries and questions must only be directed to the Procurement Official. Oral communications are discouraged and shall not be binding to the State. Proposers should only rely on written statements issued by the Procurement Official.

As indicated in RFP Section 5, Proposal Format, emailed proposal submittals must be sent to the proposal submission email address identified below.

Proposal Submission Email: MSASolicitations@dgs.ca.gov.

Note: Do not send questions to the email for Proposal Submission. The Proposal Submission email is for the electronic submission of proposals only.

Key Action Dates The important dates and times by which actions must be taken or completed are identified in Attachment 1 – Key Action Dates. If DGS-PD finds it necessary to change any of these dates, DGS-PD will release an addendum identifying the changes. All dates after the Final Proposal submissions are approximate and may be adjusted without addendum to the RFP.

Americans with Disabilities Act (ADA) To meet and carry out compliance with the nondiscrimination requirements of Title II Americans with Disabilities Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodation for the procurement process, please contact the Procurement Division (PD) at (916) 375-4400 (main office) or (800) 559-5529 (toll free). California Relay Service numbers are listed below. You may also directly contact the Procurement Official for this information.

IMPORTANT: To ensure that the State can meet your accommodation, it is best that requests are received at least 10 business days before the scheduled event (e.g., Proposer conference) or deadline due date for procurement documents.

The California Relay Service Telephone Numbers are:

· Voice: 1-800-735-2922 or 1-888-877-5379

· TTY: 1-800-735-2929 or 1-888-877-5378

· Speech to Speech: 1-800-854-7784

SECTION 2 – RULES GOVERNING COMPETITION

This section provides the instructions Proposers must follow in the procurement process. Specific guidelines for the submission of the RFP response are found in Section 5, Proposal Format.

Identification of RFP Requirements Requirements The RFP identifies the requirements Proposers must adhere to for submitting compliant proposals. The use of "shall", "must”, or "will" (except to indicate simple futurity) in the RFP indicates a requirement or condition which is mandatory. A deviation, if not material, may be waived by DGS-PD. A deviation from a requirement is material if the deficient response is not in substantial accord with the RFP requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the supplier, or on the cost to DGS-PD. Material deviations cannot be waived.

Desirable Items The words "should" or "may" in the RFP indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from or omission of a desirable feature, even if material, will not in itself cause rejection of the proposal.

Mandatory Requirements All items within this RFP labeled mandatory (M) are non-negotiable. A Pass/Fail evaluation will be utilized for all mandatory requirements in this RFP. By signing the Agreement Cover Letter referenced in RFP Section 2.3.6, Signature of Proposal, and submission of a proposal response, the Proposer agrees to all mandatory RFP requirements.

Non-Mandatory Requirements The RFP may include both preference programs and product/contract performance items identified as non-mandatory (NM) requirements. Proposers are not required to comply with these requirements to be compliant with the RFP. However, if a Proposer applies for a preference, the Proposer must meet the applicable preference requirements and provide the required preference documentation as outlined in the relevant section. Proposers who offer the non-mandatory product/contract performance items in their proposal are required, if awarded, to provide those items for the duration of the resultant agreement.

Scored Requirements The RFP may include mandatory scored (MS) and non-mandatory scored (NMS) requirements. Mandatory scored requirements are non-negotiable. Mandatory and non-mandatory scored items will achieve points as identified Section 6, Evaluation if the requirement is met.

Narrative Responses The RFP includes some items that require a narrative response. Those items have been listed on Attachment 3 – Narrative Response. Proposers are to provide narrative responses on this attachment only, and only for the items requested. If necessary, Proposers may add attachments to the Attachment 3 to further explain its response. Attachment 3 – Narrative Response shall be submitted with the proposal.

Proposing Requirements and Conditions Validity of Proposal A proposal is an irrevocable offer for three hundred sixty-five (365) calendar days following the scheduled date for submission of proposals in Attachment 1 – Key Action Dates. A Proposer may extend the offer in the event of a delay of agreement award.

RFP Documents The RFP includes instructions which describe the format and content of proposals to be submitted, and the Proposed Form of Agreement that will be executed between DGS-PD and a successful Proposer.

If a Proposer discovers any ambiguity, conflict, discrepancy, omission, and/or other errors in the RFP, refer to RFP Section 2.2.3, Questions Regarding the RFP for instructions to submit inquires. If applicable, modifications will be made by addenda issued pursuant to RFP Section 2.2.5, Addenda.

If the RFP contains an error known to the Proposer, or an error that reasonably should have been known, the Proposer shall propose at their own risk. If the Proposer fails to notify DGS-PD of the error prior to the proposal submission due date and is awarded the Agreement, the Proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

Questions Regarding the RFP Proposers requiring clarification of the intent or content of the RFP or on procedural matters regarding the competitive procurement process may request clarification by submitting questions, in an email clearly referencing the Event ID number, to the Procurement Official listed in RFP Section 1.5, Procurement Official.

Question and answer sets will be provided to all Proposers without identifying the submitters. At the sole discretion of DGS-PD, questions may be paraphrased by DGS-PD for clarity and to maintain anonymity. Oral answers shall not be binding on the State.

To ensure a response, questions must be received via email by the scheduled date given in Attachment 1 – Key Action Dates. Official responses to questions will be posted on Cal eProcure.

Proposer Conference A Proposers’ Conference will be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the RFP and the procurement process. Suppliers are encouraged to attend the Proposer Conference. The time, date, and place of the conference is listed in Attachment 1 – Key Action Dates.

Suppliers are encouraged to submit questions to the Procurement Official prior to the Proposers’ Conference so that the State can address them during the conference. The State may accept oral questions during the conference and will make a reasonable attempt to provide answers prior to the conclusion of the conference. Oral answers will not be binding Following the conference, the State will publish a Question and Answer set addressing all submitted questions, both written and oral.

Addenda DGS-PD may modify the RFP prior to the Proposal submission due date by issuance of an addendum. Addenda will be numbered consecutively. Proposers are required to meet all requirements of the most current addendum including, and if applicable, any updated forms.

Joint Proposals Joint proposals are not acceptable for this solicitation.

Proposal Process Public Record All documents submitted in response to this RFP will become the property of the State of California. All proposals will be regarded as public records under the California Public Records Act (Government Code section 7920 et seq.). Proposers should be aware that marking any document "confidential" or "proprietary" in a proposal may exclude it from consideration for award and will not prevent the document from being made public.

0. Preparation Proposals shall be prepared in a manner that provides straightforward and concise information. Items and documents such as promotional materials, informational brochures and/or visuals are unnecessary and should not be included in the submitted proposal. Proposers should focus on following the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of their content provided.

Before submitting proposal documents, the Proposer should carefully proofread them for errors and adherence to the RFP requirements.

Proposer’s Cost Costs for developing proposals are entirely the responsibility of the Proposer and shall not be chargeable to DGS-PD.

Completion of Proposals Proposals must be complete in all respects in accordance with the RFP Section 5, Proposal Format. A proposal may be rejected if it is determined to be conditional, incomplete, if it contains any alterations of form, or contains other irregularities of any kind. A proposal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

0. False or Misleading Statements Proposals which contain false or misleading statements may be rejected. If during the evaluation of the proposal, DGS-PD deems information as misleading to the State and the aspect in question is a requirement of this RFP, it may be the basis for rejection of the proposal.

0. Signature of Proposal Proposers must complete the Agreement Cover Letter and include it with their proposal. The Agreement Cover Letter must be signed by an individual who is authorized to bind the proposing entity contractually. The acceptable signature format is specified in RFP Section 5, Proposal Format. An unsigned proposal shall be rejected.

0. Delivery of Proposal Proposer must submit their proposal as required in RFP Section 5, Proposal Format no later than the specified date and time identified in Attachment 1 – Key Action Dates. Any risks associated with delivery of proposal, including, but not limited to, untimely delivery, undelivered email, etc., is the responsibility of the Proposer.

Proposals not received by the date and time specified in Attachment 1 – Key Action Dates will be rejected. If proposals are submitted electronically through multiple emails, only emails received by the specified date and time will be accepted.

In accordance with Section 5, Proposal Format, cost data must be in a separate attachment and clearly labeled. If cost data is not submitted in this manner, the proposal may be rejected. Proposals submitted under improperly labeled documents may be rejected.

0. Withdrawal and Resubmission/Modification of Proposal A Proposer may withdraw their proposal at any time prior to the proposal submission deadline specified in Attachment 1 – Key Action Dates, by submitting a written notification of withdrawal, signed by the authorized personnel identified on the Agreement Cover Letter. The Proposer may thereafter submit a new or modified proposal prior to the proposal submission deadline.

Prior to the proposal submission deadline, should a Proposer submit multiple proposals without a notification of withdrawal, DGS-PD will deem the last received submittal as the final proposal to be evaluated. Any oral or written modifications made to the proposal after the submission deadline will not be considered.

0. Rejection of Proposals DGS-PD may reject any or all proposals and may waive any immaterial deviation or defect in a proposal. DGS-PD's waiver of any immaterial deviation or defect shall in no way modify the RFP documents or excuse the Proposer from full compliance with the RFP specifications if awarded the Agreement.

Evaluation and Selection Process General Proposals will be evaluated in accordance with Section 6, Evaluation.

0. Evaluation Questions During the evaluation and selection process, DGS-PD may request the Proposer’s representative to answer specific questions in writing to clarify its submitted information but will not allow the Proposer to change its proposal.

DGS-PD requires assurance that the Proposer selected has all the resources to successfully perform. These include but are not limited to personnel with the skills required; financial resources sufficient to complete performance under the Agreement; and experience in similar endeavors.

If during the evaluation process, DGS-PD is unable to verify the Proposer's ability to perform services under the Agreement if awarded, DGS-PD may request any information necessary to determine the Proposer’s responsibility. If such information is required, the Proposer will be notified and will be permitted three (3) business days to submit the requested information. At its sole discretion, DGS-PD reserves the right to extend the Proposer’s response time to submit the requested information.

0. Errors in the Final Proposals An error in the proposal may be cause for rejection of the proposal; however, DGS-PD may, at its sole discretion, correct obvious clerical errors and arithmetic errors. If the Proposer's intent is clearly established based on review of the complete proposal submittal, DGS-PD may, at its sole discretion, correct an error based on that established intent. Proposers are cautioned to not rely on DGS-PD to discover and report to the proposer any defects and/or errors in the submitted documents.

Award of Agreement Awards, if made, will be in accordance with Section 6, Evaluation, to a responsible Proposer(s) whose proposal complies with all the requirements of the final RFP documents, including all addenda, except for such immaterial deviations as may be waived by the State.

DGS-PD reserves the right to modify or cancel the RFP in its entirety or partially.

Notice of Intent to Award A Notice of Intent to Award will be publicly posted on the DGS-PD webpage and sent via email to any Proposer who submits a written request for notice to the Procurement Official. Requests shall include the email address(es) to which the notice will be sent.

Protest Award Protests

1. Proposers have the right to protest the award. Submit protests to both DGS-PD and the Department of General Services, Office of Legal Services (DGS-OLS) after Notice of Intent to Award and prior to the award of the Agreement.

2. Protests must be sent electronically by email, or by certified or regular mail, to both of the following contacts listed in RFP Table 3:

RFP Table 3 Department of General Services, Procurement Division (DGS-PD) Attn: Lynnell Cuthbertson 707 3rd Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 Email: Masters@dgs.ca.gov Department of General Services, Office of Legal Services (DGS-OLS) Attn: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

3. After filing a protest, the protestant has five (5) calendar days to file a detailed written statement of the protest grounds if the original protest did not contain the complete grounds for the protest.

NOTE: The burden is on the protestant to ensure the protest and detailed statements are received timely. Protestants are strongly encouraged to submit protest electronically rather than risk delays through US mail.

Other Information Disposition of Proposals All materials submitted in response to the RFP will become the property of the State. The proposal will become a public record.

Debriefing At the request of the Proposer, a debriefing may be held after award to receive specific information concerning the evaluation. The discussion may be based on the administrative, technical, and cost evaluations of the Proposer's proposal. A debriefing is not the forum to challenge the RFP specifications, requirements, or award.

SECTION 3 – BIDDING REQUIREMENTS

This section contains the administrative and technical bidding requirements pertaining to the RFP.

Administrative Requirements Agreement Cover Letter (M) – REQUIRED WITH PROPOSAL By signing the Agreement Cover Letter and submitting a proposal, a Proposer is agreeing to accept all terms and conditions outlined within Attachment 6 – Proposed Form of Agreement, including the associated Exhibits A – D, and comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California without addition or modification.

Any alteration of Attachment 6, and the associated Exhibits A - F, by a Proposer will result in rejection of their proposal.

Failure to submit the signed Agreement Cover Letter with the submitted proposal will result in the proposal being considered non-responsive.

Proposing Regions and Healthcare Groups (M) – REQUIRED WITH PROPOSAL Proposers are required to complete and submit Attachment 5 – Proposing Regions and Healthcare Groups with their proposal.

If discrepancies are found between the submitted Attachment 5 – Proposing Regions and Healthcare Groups and the Attachment 2 – Cost Workbook, DGS-PD may, at its sole discretion, correct an error based on the Proposer’s established intent, as specified in RFP Section 2.4.3, Errors in the Proposal.

Contractor Certification Clauses (M) By submitting a proposal, Proposer is agreeing to submit a completed Contractor Certification Clauses (CCC 04/2017) with their proposal or within five (5) days of the State’s written request.

Medical Practice Act (M) Proposer must certify they are in compliance with the Medical Practice Act (Business and Professions Code section 2000, et seq.)

Bidder shall submit their response on Attachment 3 – Narrative Response.

California Civil Rights Laws Certification (M) – REQUIRED WITH PROPOSAL Pursuant to Public Contract Code (PCC) Section 2010, any Proposer entering into or renewing a contract over $100,000 on or after January 1, 2017, shall certify all the following:

· That they are in compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code).

· That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(a) Any policy that they have against any sovereign nation or peoples recognized by the Government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(b) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Proposers must submit a completed California Civil Rights Laws Certification with their proposal. Failure to submit this form will result in the proposal being considered non-responsive.

California Iran Contracting Act (M) – REQUIRED WITH PROPOSAL Proposer must either a) certify it is not on the current list of persons engaged in investment activities in Iran created by DGS pursuant to PCC 2203(b) and is not a financial institution extending $20 million or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of person engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement pursuant to PCC section 2203(c) or (d).

The DGS list of entities prohibited from contracting with public entities in California in accordance with the Iranian Contracting Act, 2010, can be found at DGS Iran Contracting Act Ineligibility List.

Proposer shall submit their response on Attachment 3 – Narrative Response. Failure to submit a response will result in the proposal being considered non-responsive.

Darfur Contracting Act (M) PCC Sections 10475-10481 apply to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services (DGS) to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in PCC Section 10476. Scrutinized companies are ineligible to, and cannot, propose on or submit a bid for a contract with a State agency for goods or services (PCC Section 10477(a)), unless written permission from the Director of DGS to propose on this procurement has been granted (PCC Section 10477(b)).

Proposers must indicate if it has had business activities or other operations outside of the United States in the last three (3) years on Attachment 3 – Narrative Response. If a Proposer’s response is “Yes”, Proposer must submit a completed Darfur Contracting Act form. The completed form should be included with the proposal response. If the completed form is not submitted with the proposal response, Proposer shall submit within five (5) days after request from the State.

Failure to submit this form as required will result in the proposal being considered non-responsive.

If a Proposer has not conducted business outside of the United States in the last three (3) years, the form is not required.

Federal Debarment Certification (M) Expenditures from the MSAs resulting from the RFP may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Proposer that they have not been debarred nor suspended from doing business with the Federal government.

Proposers must submit the Federal Debarment Certification form. The completed form should be included with the proposal. If the completed form is not submitted with the proposal, Proposer shall submit within five (5) days after request from the State. Failure to submit this form will result in the proposal being considered non-responsive.

Generative Artificial Intelligence (M) The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies.

Proposer/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.

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

Upon notification by a Proposer/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.

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.

Proposer must indicate on Attachment 3 – Narrative Response if the Proposer intends to provide GenAI as a deliverable to the State or intends to complete all or a portion of any deliverable that has material impacts as specified above. If a response is not included in the bid response, Proposer shall provide it within five (5) working days after request from the State. Failure to submit required information will result in the proposal being considered non-responsive.

Executive Order N-6-22 – Russia Sanctions (M) 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 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 agreement execution, or, if determined after agreement execution, shall be grounds for termination by the State.

Secretary of State Certification (M) If Proposer is a Corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), or a Limited Partnership (LP), or another entity type required to register, Proposer must be registered at the time of proposal submission with the California Secretary of State (SOS) and in “Active” status if required by law. Proposers are required to provide their SOS entity number on Attachment 3 – Narrative Response. If the SOS entity number is not included in the proposal, Proposer shall provide it within five (5) working days after request from the State.

If Proposer is “doing business as” (dba), whereas the name under which they operate its business differs from its legal, registered name, the Proposer must provide a Fictitious Business Name (FBN) filing. The filing should be included with the proposal. If the FBN filing is not submitted with the proposal, Proposer shall submit within five (5) days after request from the State. If Proposer’s dba is listed on the SOS certification, no FBN is needed.

DGS-PD reserves the right to request clarification.

Prohibition of Delinquent Taxpayers (M) PCC Section 10295.4 prohibits the DGS from entering into an agreement for goods or services with any taxpayer, whose name appears on either the 500 largest tax delinquencies list maintained by the California Department of Tax and Fee Administration (CDTFA), or the Franchise Tax Board (FTB) pursuant to Revenue and Taxation Code Sections 7063 and 19195. Respectively, Section 10295.4 provides no exceptions to these prohibitions.

By submitting a proposal for this RFP, the Proposer certifies that it is not included on either the FTB or CDTFA lists found at:

· FTB List

· CDTFA List Payee Data Record (M) By submitting a proposal, Proposer is agreeing to submit a completed Payee Data Record (STD 204) within five (5) days of the State’s written request.

Insurance Requirements (M) A successful Proposer awarded a MSA must maintain in force applicable insurance in accordance with Exhibit D – Insurance Provisions. Prior to MSA award, the successful Proposer must furnish an insurance certificate evidencing required insurance coverage acceptable to the State within five (5) business days of request.

Prime Contractor Responsibility (M) Awarded Proposers shall be the prime Contractor and the sole point of contact for all contractual matters with DGS-PD and User Agencies for the term of the MSA and any extensions.

The prime Contractor shall be responsible for successful performance of the resulting MSA and successful performance of all their subcontractors.

Bidder Declaration Form (M) – REQUIRED WITH PROPOSAL All Proposers must complete the Bidder Declaration Form (GSPD-05-105) and include it with the proposal response.

When completing the declaration, Proposers must identify all subcontractors they are entering into an agreement with to perform under the resultant MSA and the specific region(s) the subcontractor will perform.

If a Proposer proposes the use of a subcontractor for a portion of the agreement, the Proposer agrees that all requirements will be adhered to and that requirements will apply to subcontractors even if subcontractor concurrence is not specifically defined.

Proposers awarded an MSA are contractually obligated to use the proposed subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the MSA. Upon award to a Contractor, notice shall be given by the State to the subcontractors listed in the Bidder Declaration Form of their participation in the awarded MSA. Notification to the subcontractor by the prime Contractor is encouraged immediately after award of an RFP.

Disabled Veteran Business Enterprise (DVBE) Declaration Form (M) Proposers and/or subcontractors who have been certified by California as a Disabled Veteran Business Enterprise (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed Disabled Veteran Business Enterprise Declaration Form DGS PD 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form. The completed form should be included with the proposal. If the completed form is not submitted with the proposal, Proposer shall submit within five (5) days after request from the State.

Technical Requirements The technical requirement for this RFP consists entirely of customer references.

Customer References (M) – REQUIRED WITH PROPOSAL Customer references demonstrate to DGS-PD that the Proposer can perform the Temporary Healthcare Staffing Services as stated in the Attachment 6 – Proposed Agreement, Exhibit A – Scope of Work.

Proposers must submit two (2) completed Attachment 4 – Customer References Forms with their proposal. All fields must be completed.

The customer reference must be for the following:

· Work completed within the past five (5) years, prior to the proposal submission due date; and

· Work for services valued greater than one (1) dollar.

· Work for services similar to those described in Exhibit A – Scope of Work.

Customers are defined as an end-user of the service represented in the customer reference. Customer references from a contractor for subcontractor work that was performed by the Proposer is not acceptable.

Customer must complete the Attachment 4 – Customer Reference Form and return form directly to the Proposer. The Proposer must submit the completed customer references forms with the proposal as specified in RFP Section 5, Proposal Format. Only the Customer Reference Form from this RFP will be accepted.

The average rating for the customer reference must be three (3) or higher. If the average rating on the customer reference is less than three (3) the bid will be considered non-responsive. Any question not rated will receive zero (0) points toward the average rating.

Each customer reference must meet the minimum requirements stated below:

1) Customer references must be for work performed by the Proposer as a Prime Contractor. The Proposer must be named on the customer reference form as the entity that provided services to the customer reference. References for work performed by subcontractors will not be accepted.

2) Customer references may indicate that the Proposer was a member of a Joint Venture, so long as the main Proposer is specifically identified on the Customer Reference Form.

3) Proposers may submit multiple customer references from the same organizational entity provided each reference is for a separate and distinct contract/project. Amendments shall not be considered a separate and distinct contract.

4) Proposers are not required to submit customer references for each proposed Classification. Customer references must be for services where one (1) or more of the Classifications in this RFP were used to perform the services.

5) Proposers are asked to submit no more than two (2) customer references. If more than two (2) customer references are submitted, DGS-PD shall evaluate only the first two (2) customer references.

6) For each customer reference, a contract dollar amount must be provided, including amendments, for only one (1) project or contract. For projects that are still “Ongoing,” only the dollar amount paid to date may be entered. Dollar amounts for services performed must be for an amount greater than one (1) dollar.

Failure to submit valid customer references meeting the requirements will result in the proposal being considered non-responsive.

Additional and/or substitute customer references will not be accepted after Proposal due date and time.

Customer Reference Validation

1) The State may validate customer references by any means necessary or appropriate, including email, voice, or electronic conferences. Proposers are responsible for maintaining contact with their referencing customers to ensure their prompt responses to the State's validation inquiries and should only submit a customer reference that can be contacted, upon request from DGS-PD. Failure to submit a compliant customer reference may result in the bid being considered non-responsive.

2) The contact identified in the customer reference must respond within the timeframe specified by the State. Customer References will be evaluated as specified in RFP Section 6, Evaluation.

3) The contact identified in the customer reference email address must indicate the organizational entity's name. (E.g., If the organizational entity is California Department of Motor Vehicles, the reference email includes @dmv.ca.gov, not @gmail.com, @yahoo.com, @icloud.com.)

4) In the event the individual used for the customer reference is no longer with the organizational entity, or the reference email does not match the entity’s name at the time of validation, a person in a position to verify the entity's employees may verify the individual's past employment and email address with that entity.

5) Reference validations may be used as the final determination of Proposers' responsiveness to Technical Requirements.

6) The State reserves the right to reject any customer reference it reasonably believes to have been falsified and/or altered, if the customer is an entity the Proposer owns partially or wholly, or the customer cannot be validated.

Preferences/Incentives This RFP contains socioeconomic requirements and/or optional preferences and incentives. Preferences and incentives will be calculated in accordance with Section 6, Evaluation.

All certified firms must perform a “commercially useful function” in the performance of the contract as defined in Government Code (GC) section 14837(d)(4).

If claiming Small Business (SB) and/or DVBE participation, the relevant Proposer and/or subcontractor must be certified by California as a SB and/or DVBE. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the bid due date, and the OSDS must be able to approve the application as submitted.

Small Business Preference (NM) A five (5) percent bid preference is available to proposers certified as a Small Business in accordance with GC Section 14835 et seq. If applicable, Proposers must claim this preference on Attachment 3 – Narrative Response.

Proposers claiming the small business preference must be certified by California as a Small Business. The Small Business regulations concerning the application and calculation of the Small Business preference, Small Business certification, responsibilities of Small Business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, section 1896 et seq.).

Small Business Nonprofit Veteran Services Agencies (SB/NVSA) (NM) SB/NVSA prime Proposers meeting requirements specified in the Military and Veterans Code (MVC) Section 999.50 et seq. and obtaining a California certification as a Small Business are eligible for the five (5) percent Small Business preference.

If applicable, claim the preference on Attachment 3 – Narrative Response. SB/NVSAs claiming the Small Business preference must possess certification by California prior to the day and time proposals are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

Non-Small Business Subcontractor Preference (NM) A five (5) percent bid preference is available to Non-Small Business (Non-SB) proposers that commit to a California certified Small Business (SB) or microbusiness subcontractor participation of twenty-five (25) percent of its proposal price. A non-SB, which qualifies for this preference, may not take an award away from a certified SB.

A non-SB Proposer may receive a preference of five (5) percent if the business commits to subcontract at least twenty-five (25) percent with one (1) or more California certified Small Businesses or microbusinesses for every User Agreement.

If applicable, claim the…