C26MC-0001_IFB_Certified_Shorthand_Reporting_Services.pdf

Gavin Newsom, Governor State of California

Health and Human Services Agency

DEPARTMENT OF MANAGED HEALTH CARE

980 9th Street, Suite 500 Sacramento, CA 95814

Phone: 916-324-8176 | Fax: 916-255-5241 www.HealthHelp.ca.gov

December 12, 2025

INVITATION FOR BID

Notice to Prospective Contractors

IFB #C26MC-0001

You are invited to review and respond to this Invitation for Bid (IFB) C26MC-0001 Certified Shorthand Reporting Services. In submitting your bid, you must comply with the instructions found herein. The deadline for submitting bids is January 15, 2026 by 4 p.m. Pacific Standard Time (PST).

The successful Bidder will be awarded a contract anticipated to begin July 1, 2026, and end on June 30, 2028. The Department of Managed Health Care (DMHC) reserves the right to exercise the optional one-year term at bid price and/or amend to increase funding for additional Certified Shorthand Reporting Services. Contract amendments are subject to satisfactory performance, funding availability and approval by the Department of General Services (DGS).

The Small Business Preference and other preference programs apply to this solicitation.

The Disabled Veteran Business Enterprise (DVBE) participation requirement has been waived; however, the DVBE Incentive Program will apply for this solicitation.

All agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses.

In the opinion of the DMHC, this IFB is complete and without need of explanation. If you have questions or need clarification, contact:

Toon Sie DMHC Contract Analyst Toon.Sie@dmhc.ca.gov

Please note that no verbal information given shall be binding upon the State unless it is issued in writing as an official addendum https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf mailto:Toon.Sie@dmhc.ca.gov

Certified Shorthand Reporting Services IFB No. C26MC-0001

TABLE OF CONTENTS

A. PURPOSE AND DESCRIPTION OF SERVICES

B. BACKGROUND

C. SCOPE OF WORK

D. ADMINISTRATIVE REQUIREMENTS

E. MANDATORY QUALIFICATIONS

F. BID REQUIREMENTS AND INFORMATION

1. Anticipated Key Action Dates

2. Submission of Questions

3. General Requirements

4. Bidder’s Alternatives to Administrative Requirements – Information Security Awareness and Privacy Training

5. References

6. Financial Stability

7. Conflict of Interest

8. Bid Format and Requirements

9. Bid Submission

10. Evaluation and Selection

11. Award and Protest

12. Disposition of Bids

13. Standard Conditions of Service

14. Loss Leader

G. PREFERENCE PROGRAMS

H. DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE PROGRAMS

I. NEWS RELEASES AND SOCIAL MEDIA

J. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

K. EXECUTIVE ORDER N-12-23 – GENERATIVE ARTIFICIAL INTELLIGENCE

L. ATTACHMENTS

M. SAMPLE AGREEMENT

A. PURPOSE AND DESCRIPTION OF SERVICES

The DMHC intends to award one Agreement, to one Bidder, but shall not guarantee any specific volume of work once the award is made. The cost of any Agreement awarded under this IFB will be determined based on the information provided on Attachment 15, Cost Worksheet.

The successful Bidder will be awarded an Agreement for two years, with one additional one-year option at bid price. The DMHC reserves the right to exercise the optional one-year term at bid price and/or amend to increase funding for additional Certified Shorthand Reporting Services. All agreement amendments are subject to satisfactory performance, funding availability and approval from the Department of General Services (DGS). Agreement amendments will not take effect until the Contractor has received a copy of the final contract document that has been signed by the DMHC Contract Officer or designee and approved by the DGS, if applicable.

B. BACKGROUND

The Office of Enforcement (OE) is the litigation arm of the Department of Managed Health Care (DMHC) that investigates allegations of wrongdoing and prosecutes those found to be in violation of the Knox-Keene Act. In the prosecution of cases, the OE requires certified shorthand reporting and transcription services for hearings, depositions and trials that occur throughout the State of California. Certified Shorthand Reporting Services are needed to meet the DMHC objectives as enacted by the Legislature and the DMHC mission.

C. SCOPE OF WORK

Please refer to Exhibit A - Scope of Work for a detailed breakdown of the services/tasks/deliverables applicable to this IFB.

D. ADMINISTRATIVE REQUIREMENTS

The successful Bidder who is awarded an Agreement must fulfill the following Administrative Requirements prior to commencing work, and is responsible for any fees or expenses, including time, for completing these items:

1. Information Security, Integrity and Confidentiality Statement

Exhibit E-I is required for Contractor Authorized Representative and Exhibit E- II is required for project employees, agents or sub-contractors, which certify that the Contractor and the Contractor’s staff understand and agree to comply with the DMHC’s Information Security and Confidentiality Statement.

2. Annual Information Security Awareness and Privacy Training

California state policy requires that the DMHC must provide for the proper use and protection of its information assets and arrange for basic security and privacy awareness training (SAM Sections 5305.1; 5320.1; 5320.2, SIMM 5330-B) for new users and annually thereafter. Therefore, DMHC contractors (including subcontractors) who access state resources must complete the designated DMHC online annual Information Security Awareness and Privacy Training prior to accessing DMHC information assets and/or beginning work on a contract. The DMHC Information Security Officer will set up your training account. While the training course is free of charge, any expenses, including Contractor time, related to new and/or annual Information Security Awareness and Privacy Training will be the responsibility of the Contractor. Active contractors/subcontractors must provide a list of their employees’ names and email addresses annually to the DMHC Information Security Officer to administer this online annual Information Security Awareness and Privacy Training.

E. MANDATORY QUALIFICATIONS

The Bidder must complete Attachment 3, Mandatory Qualifications.

Bidder shall have a minimum of:

1. Five individuals available certified as a Certified Shorthand Reporter (CSR) by the Department of Consumer Affairs Court Reporters Board of California.

2. Five individuals available certified as a Certified Electronic Reporter (CER) by the American Association of Electronic Reporters and Transcribers (AAERT).

3. Five individuals available certified as a Certified Electronic Transcriber (CET) by the

AAERT.

4. Two individuals available certified as both a CER and CET by the AAERT. Individuals that maintain dual certifications may hold a Certified Electronic Reporter and Transcriber (CERT) certification versus holding separate CER and CET certifications.

The Bidder shall provide copies of the certifications identified above in the individual person’s names. Copies of valid certifications shall be submitted with the bid.

Please note, individuals may be certified in more than one area and may meet the criteria for multiple categories. For example, one individual may hold the following certifications:

CSR, CER and CET and would meet the requirements listed in Items 1, 2, 3 and 4 above.

The Bidder shall provide a written narrative attesting:

5. All of the individuals, for whom certifications have been provided in Items 1, 2, 3 and 4 above, are identified on the Court-approved List/Directory appointed as an official court reporter by the Superior Court in all of the following counties: Los Angeles, Orange, San Diego, San Francisco and Alameda.

Individuals must also be able to perform services throughout the State of California (as necessary).

6. Two of the individuals for whom certifications have been provided each have a minimum of one year of experience in a California appellate court.

Proof of experience for the two individuals shall be submitted by providing the California appellate court and one respective case number for each individual.

7. Two of the individuals for whom certifications have been provided each have a minimum of one year experience in a Civil Court.

8. Two of the individuals for whom certifications have been provided each have a minimum of one year experience in a California Administrative Court and/or two years in Civil Court.

Failure to satisfy all of the mandatory qualifications, based on the DMHC’s sole judgment, will result in the immediate rejection of the bid.

F. BID REQUIREMENTS AND INFORMATION

1. Anticipated Key Action Dates

Activity Anticipated Action Date and Time (PST)

IFB Available to Prospective Bidders December 12, 2025 Last Day for Bidders to Submit Written Questions

December 19, 2025, at 4 p.m. PST

Answers to Questions Posted January 2, 2026 Bid Submittal Deadline January 15, 2026, at 4 p.m. PST Bid Proposal Opening January 23, 2026 Notice of Intent to Award January 26, 2026 Proposed Award Date January 30, 2026 Contract Term July 1, 2026 – June 30, 2028

Note: The DMHC may modify this IFB prior to the Bid Submittal Deadline above through the issuance of a formal addendum posted at https://caleprocure.ca.gov.

All dates after the Bid Submittal Deadline are approximate and may be adjusted as conditions indicate, without an Addendum to this IFB.

https://caleprocure.ca.gov/

2. Submission of Questions

All questions must be submitted in writing prior to 4 p.m. PST on December 19, 2025 to Toon Sie at Toon.Sie@dmhc.ca.gov. The responses to all questions received will be posted on https://caleprocure.ca.gov/ under Certified Shorthand Reporting Services (C26MC-0001).

All addenda and questions will be posted on https://caleprocure.ca.gov.

CaleProcure registration instructions can be found at:

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

3. General Requirements

a) The Bidder must provide documentation (i.e. Certificate of Good Standing from the California Secretary of State) to substantiate they are in good standing and qualified to conduct business in California.

b) The Bidder must not be an affiliate or a subsidiary of, nor in any way owned or controlled by a health care service plan or a trade association of health care service plans. A board member, director, officer or employee of the Contractor shall not serve as a board member, director or employee of a health care service plan. A board member, director or officer of a health care service plan or a trade association of health care service plans shall not serve as a board member, director, officer or employee of the Bidder’s firm.

c) The Bidder must not be currently engaged in services with a health care service plan or a trade association of health care service plans in California or any activities that could appear to be a conflict of interest.

4. Bidder’s Alternatives to Administrative Requirements – Information Security Awareness and Privacy Training

If awarded, prior to starting work on the agreement, the Bidder shall agree to complete the Administrative Requirements, outlined in this IFB, Section D, Administrative Requirements and Exhibit D – Special Terms and Conditions, Item 8.

In lieu of the DMHC administrative requirements as outlined in Section D.2 of this IFB, the DMHC will accept for its review and consideration the Bidder’s process and documentation of Information Security Awareness and Privacy Training.

The Bidder shall provide a written narrative explaining in detail the content and frequency of its Information Security Awareness and Privacy Training administered by the Bidder as an alternative to the DMHC’s training course for DMHC’s consideration and review. If awarded the agreement, the Bidder must be able to provide training certificates of completion upon request for all personnel working on the agreement.

mailto:Toon.Sie@dmhc.ca.gov https://caleprocure.ca.gov/ https://caleprocure.ca.gov/ https://www.caleprocure.ca.gov/pages/index.aspx

If the information requested under Section F.4 of this IFB is not part of the bid submittal, then the awarded Bidder will be required to complete the Administrative Requirements, as outlined in this IFB and the Exhibit D – Special Terms and Conditions, Item 8.

5. References

The Bidder must provide a minimum of three references from California State agencies for which the Bidder has provided similar services as described in Section C, Scope of Work within the last five years. References must provide information relating to the Bidder’s responsibility, experience and capacity to perform the services required in this IFB.

The DMHC retains the right to conduct reference checks beyond those supplied by the Bidder. Two of the three references obtained by the DMHC must be favorable or the bid shall be deemed non-responsive and rejected. The DMHC must not be listed as a reference.

6. Financial Stability

A written statement on the financial and organizational stability of the Bidder.

Include how long the Bidder has been in business, if the Bidder is nationwide or local, and the number of years the Bidder has performed services similar to the services listed in Section C, Scope of Work. The statement of the financial stability should include any probable contingencies that may affect the Bidder’s financial and organizational stability.

7. Conflict of Interest

The Bidder shall provide a detailed description of how the Bidder will monitor for potential conflicts of interest that may preclude it from accepting work assignments from the DMHC. The description should include criteria to determine a conflict of interest and timeframe for notifying the DMHC after a conflict of interest has been identified. The Bidder must also include their policy and procedures for monitoring conflicts of interest. If the Bidder does not have a policy, they must provide an explanation of how they monitor for potential conflicts of interest.

8. Bid Format and Requirements

a. The Bidder must complete Attachment 15, Cost Worksheet, in the prescribed Microsoft Excel format. Any deviation from the prescribed format, which in the opinion of the DMHC is material, may result in the rejection of the bid. The proposed cost shall include all fees and expenses for providing services described in this IFB. The successful organization shall only be compensated based on actual services performed at the rates submitted.

b. All pricing shall remain firm and constant during the entire Agreement term.

9. Bid Submission

a. Bids should provide straight-forward and concise descriptions of the Bidders’s ability to perform the requirements of this IFB. The bid must be complete and accurate. Omissions, inaccuracies or misstatements may be cause for rejection of a bid.

b. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and may cause a bid to be rejected. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of any form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

c. All bids must be submitted under sealed cover and received by the DMHC by the dates and times shown in Section F, Bid Requirements and Information, Item 1. Anticipated Key Action Dates. The sealed cover must be plainly marked with the IFB number and title identified, include Bidder’s name and address and must be marked with “DO NOT OPEN”, as shown in the following example:

Bidder’s Legal Name Bidder’s Address

DO NOT OPEN

IFB No. C26MC-0001 Certified Shorthand Reporting Services Department of Managed Health Care Attn: Toon Sie 980 9th Street, Suite 500 Sacramento, CA 95814

d. Bids not submitted under sealed cover may be rejected. A minimum of one original bid must be submitted.

e. The Bidder must also email an electronic version of the entire bid to Toon.Sie@dmhc.ca.gov. All documents contained in the electronic submittal package must be signed by a person authorized to legally bind the bidding organization. The DMHC shall reach out to the Bidder to request an electronic version of the entire bid if one has not been provided by the Bid Submittal Deadline.

f. All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper required attachments shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements. All bids must include the following Attachments:

i. Attachment 1, Required Document Checklist

ii. Attachment 2, Bid/Bidder Certification Sheet

iii. Attachment 3, Mandatory Qualifications Certification

iv. Attachment 4, DVBE Incentive Application Request (If Applicable)

v. Attachment 5, Darfur Contracting Act Certification (If Applicable)

vi. Attachment 6, Bidder Declaration

vii. Attachment 7, California Civil Rights Laws Certification

viii. Attachment 8, Contractor Certification Clauses

ix. Attachment 9, Payee Data Record

x. Attachment 10, Certificate of Good Standing

xi. Attachment 11, Information Security Awareness and Privacy Training

xii. Attachment 12, References

xiii. Attachment 13, Financial Stability

xiv. Attachment 14, Conflict of Interest Monitoring Process

xv. Attachment 15, Cost Worksheet

g. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm, including Attachment 2, Bid/Bidder Certification Sheet. The signature should indicate the title or position the individual holds in the firm. An unsigned bid may be rejected.

h. All pages of the bid shall have the following header and consecutive page numbering format in the upper right-hand corner:

(Bidder’s Legal Name) IFB No. C26MC-0001

Certified Shorthand Reporting Services

i. Mail or deliver bids to the following address:

Department of Managed Health Care

980 9th Street, Suite 500 Sacramento, CA 95814

Attn: Toon Sie https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-1005.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

j. Any bid received after the scheduled bid deadline date and time will not be considered. It is the State’s policy to make every effort to ensure all bids have been received and properly date-stamped. However, Bidders are ultimately responsible for ensuring timely receipt of their bid at the address identified above. Bidders may verify receipt of their bid by contacting Toon Sie, Contract Analyst, at Toon.Sie@DMHC.ca.gov.

k. More than one bid from an individual, organization, firm, partnership, corporation or association under the same or different names, will not be considered.

l. Joint bids are not acceptable. A joint bid is when two or more bidders sign and submit a bid together for requested services.

m. If the bid is made under a fictitious name or business title, the actual legal name of the Bidder must be provided.

n. The bid package should be prepared in the least expensive method (i.e. cover page with a staple in upper left-hand corner, no elaborate bindings, etc.)

o. Cost incurred for developing bids and in anticipation of award of the Agreement are entirely the responsibility of the Bidder and shall not be charged to the State of California.

p. A Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

q. A Bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the Bidder or an authorized agent. A Bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause after bid submission deadline.

r. The DMHC may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

s. The DMHC reserves the right to reject all bids and is not required to award an Agreement.

t. Bidders are cautioned to not rely on the State during the evaluation process to discover and report to the Bidder any defects and errors in the submitted documents. Before submitting a response to this solicitation, Bidders should carefully proof all documents for errors and adherence to the IFB requirements.

u. The Bidder agrees that in submitting a bid, they authorize the DMHC to verify any or all claimed information, proprietary or non-proprietary, by any mailto:Toon.Sie@DMHC.ca.gov reasonable means, including onsite inspection and to verify any references named in their bid. The DMHC must not be listed as a reference. Bidders must cite other entities with completed work for this requirement.

v. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and rejected. The State’s General Terms and Conditions are not negotiable.

w. No oral understanding or agreement shall be binding on either party.

10. Evaluation and Selection

a. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the IFB submission requirements.

All required information is identified in Attachment 1, Required Attachment Checklist. A bid lacking any required information will be considered non-responsive and will be the basis for bid rejection.

b. The State will evaluate each bid to determine its responsiveness to the State’s requirements.

c. Items submitted in response to Mandatory Qualifications will be evaluated on a pass or fail basis.

d. 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. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and attribute, condition or capability is a requirement of this IFB, it will be the basis for bid rejection.

e. Award if made, shall be awarded to the lowest responsible bidder meeting the specifications. A bid meets the specifications if it complies with all of the requirements in this solicitation.

11. Award and Protest

a. Notice of the proposed award shall be posted in the DMHC lobby at 980 9th Street, Suite 600, Sacramento, CA 95814 and at http://www.dmhc.ca.gov for five business days prior to award of the Agreement.

b. In the event of a tie, a coin flip shall be used to determine the awardee.

c. If any Bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services located at 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 or by email:

OLSProtests@dgs.ca.gov, on the grounds that the protesting Bidder would have been awarded the Agreement had the DMHC evaluated and scored their https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf http://www.dmhc.ca.gov/ mailto:OLSProtests@dgs.ca.gov bid as described in the IFB, the Agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. It is suggested that any protest be sent by certified or registered mail.

d. Within five days after filing the initial protest, the protesting Bidder shall file with the DGS, Office of Legal Services and the DMHC, a detailed statement specifying the grounds for the protest. The protest must be submitted to the addresses listed in Item c above.

e. Upon resolution of the protest and award of the agreement, the Contractor must complete and submit to the Payee Data Record (STD 204) to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. No payment shall be made unless a completed STD 204 has been returned to the DMHC.

f. Upon resolution of protest and award of an Agreement, the Contractor must sign and submit Attachment 8, Contractor Certification Clauses.

12. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.) and subject to review by the public.

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

13. Standard Conditions of Service

a. Service shall be available no later than the express date set by the DMHC and the Contractor, after all approvals have been obtained and the Agreement is fully executed. In addition, the Contractor shall be liable to the State for the difference between the Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

b. All performance under the agreement shall be completed on or before the termination date of the agreement.

14. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

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

G. PREFERENCE PROGRAMS

The preference programs applied for this IFB are:

1. Small Business (SB) Preference

2. Non-SB Subcontractor Preference

3. Target Area Contract Preference Act

If applying for one of these preference programs, please submit the required completed documents linked above.

H. DISABLED VETERAN BUSINESS ENTERPRISE INCENTIVE PROGRAMS

The Disabled Veteran Business Enterprise (DVBE) participation requirement has been waived; however, the DVBE Incentive Program will apply for this solicitation.

Under California Code of Regulations (CCR) Title 2, Section 1896.99.100, the California DVBE Incentive provides responsive and responsible organization the opportunity to receive additional incentive calculations. The incentive is applied at the time of solicitation evaluation when a proposing organization selects a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort.

Application of the DVBE Incentive may place the proposing organization in line for contract award.

The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible organizations bidding the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

The following are key elements of the DVBE Incentive Program:

1. The DVBE Incentive participation is optional and at the discretion of the bidding organization.

2. When requesting the Incentive Application, bidding organizations must complete and return Attachment 4, DVBE Incentive Application Request with their bid at time of submission.

3. The incentive is applied by reducing the cost proposed by the amount of incentive as computed from the lowest responsive and responsible bid. Computation is for evaluation purposes only. (2 CCR 1896.99.100 (c)).

4. Services or commodities provided by the DVBE firm MUST meet the definition of a “Commercially Useful Function” (CUF) as defined under Government Codes Section 14837(d)(4) and Military and Veterans Code Section 999(b)(5)(B). A DVBE https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf firm not meeting CUF regulations will render the proposing organization ineligible for the DVBE Incentive application.

5. The DVBE Incentive application will be based on the Low Cost Method and follows the guidelines identified below:

Application of the incentive is based on the Bidder’s level of DVBE participation identified (1% - 5% and higher).

a. For awards based on low cost, the incentive is applied by reducing the cost proposed by the amount of incentive as computed from the lowest responsive and responsible bid. (2 CCR 1896.99.100 (c)).

SAMPLE: Incentive scale below is for illustration purposes only:

Confirmed DVBE Participation Incentive Applied 1% - 1.99% inclusive 1% 2% - 2.99% inclusive 2% 3% - 3.99% inclusive 3% 4% - 4.99% inclusive 4%

5% and higher 5%

SAMPLE RESULTS BIDDER A BIDDER B BIDDER C

Responsive/Responsible Yes Yes Yes Net Proposed Price $100,000 $102,000 $103,000 Rank 1 2 3 SB Preference None SB SB SB Preference Amount $0 $5,000 $5,000 Subtotal $100,000 $97,000 $98,000 New Rank 3 1 2 Confirmed DVBE Participation None (0%) Yes (3%) Yes (5%) Confirmed DVBE Participation Amount $0 $3,000 $5,000 Adjusted Proposal Amount $100,000 $94,000 $93,000 New Rank 3 2 1

b. Order of Evaluation:

i. SB Preference is calculated by multiplying the lowest Net Proposed Price of responsive and responsible bidder by five percent and deducting the resulting calculation from the Net Proposed Price of the certified SB bidder(s). In the sample above, the calculation was based on $100,000 x .05 resulting in $5,000 being deducted from the certified SBs (Bidders B and C).

ii. The DVBE Incentive is calculated by multiplying the lowest Net Proposed Price of the lowest responsive and responsible bidder by the Confirmed DVBE Participation percentage. This amount is then deducted from the firm’s Net Proposed Price Subtotal. In the sample above, Bidder B had $3,000 ($100,000 x 0.3) deducted from its Net Proposed Price Subtotal.

Bidder C had $5,000 ($100,000 x 0.5) deducted from its Net Proposed Price Subtotal placing it first for award.

iii. Under the DVBE Incentive method, it is possible to displace a Certified SB with the application of the DVBE incentive.

I. NEWS RELEASES AND SOCIAL MEDIA

Bidders must obtain prior written approval from the DMHC before issuing any news release, statement to the news media or social media post(s) pertaining to this IFB.

J. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 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 conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

K. EXECUTIVE ORDER N-12-23 – GENERATIVE ARTIFICIAL INTELLIGENCE

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

Bidder 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 SAM section 4986.2 Definitions for GenAI.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

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.

Upon notification by a Bidder 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 “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.

L. ATTACHMENTS

ATTACHMENT 1

REQUIRED DOCUMENT CHECKLIST

Bidder’s Name:

A complete bid package consists of all required items listed in the IFB and identified below. Place an “” next to each Attachment you are submitting to the State.

For the bid to be considered responsive, all required Attachments must be submitted with this checklist on top.

Checklist

Included

Attachment Number Attachment Name / Description

Form / Documentation

Required 1 Required Document Checklist Yes 2 Bid/Bidder Certification Sheet Yes 3 Mandatory Qualifications Certification Yes 4 DVBE Incentive Application Request If Applicable 5 Darfur Contracting Act Certification If Applicable 6 Bidder Declaration Yes 7 California Civil Rights Laws Certification Yes 8 Contractor Certification Clauses Yes 9 Payee Data Record Yes 10 Certificate of Good Standing Yes

11 Information Security Awareness and Privacy Training Yes

12 References Yes 13 Financial Stability Yes 14 Conflict of Interest Monitoring Process Yes 15 Cost Worksheet Yes

If awarded the agreement, please designate a Contract Manager during the term of this Agreement:

State Agency Contractor Entity Name Department of Managed Health

Care

Division/Unit Office of Enforcement Name Michelle Norris Address 980 9th Street, Suite 500

Sacramento, CA 95814

Phone 916-309-2929 Email Michelle.Norris@dmhc.ca.gov

The Bidder must also provide two alternate contacts in the event the Bidder’s Contract Manager is not available, or a response is not received within two business days from date of service request.

Alternate Contractor Contact Alternate Contractor Contact Name Address

Phone Email mailto:Michelle.Norris@dmhc.ca.gov

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This sheet must bear an original signature of someone authorized to bind your organization contractually and returned along with all the Required Attachments.

The signature affixed and dated hereon certifies compliance with all the requirements of this bid document and authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

1. Organization/Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date 14.Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Certification as:

a. Small Business Enterprise Yes No If yes, enter certification number:

c. Disabled Veteran Business Enterprise Yes No If yes, enter your service code:

NOTE: A copy of your Certification must be included if a or b above is checked “Yes”.

Date application was submitted to OSDC, if an application is pending:

I attest my organization is financially stable and able to provide the services referenced in this IFB. I acknowledge my responsibility to promptly notify the DMHC of changes that may impact my organization’s ability to fulfill the services referenced in this IFB.

Signature:

Printed Name of Person Signing:

Date:

ATTACHMENT 2

(Page 2 of 2)

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your Federal Employee Tax Identification Number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9 Indicate applicable license and/or certification information your firm possesses and is required for the type of services being procured.

10, 11, 12, 13 Must be completed. These items are self-explanatory.

If certified as a Small Business Enterprise, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veteran Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDC.

ATTACHMENT 3

MANDATORY QUALIFICATIONS CERTIFICATION

(Page 1 of 2)

The Bidder must substantiate the organization satisfies each of the mandatory qualifications, to the DMHC’s satisfaction, to be given further consideration for a contract award. The qualifications for items 5 and 6 below must contain sufficient information as prescribed to assure the DMHC of its accuracy. Failure to provide complete information, based on the DMHC’s sole judgment, will result in the immediate rejection of the bid.

Please indicate the page number where documentation for each mandatory qualification is located in the proposal.

The Bidder shall provide a minimum of:

Qualification in Bid

List Bid Page

Number:

1. Five individuals certified as a Certified Shorthand Reporter

(CSR) by the Department of Consumer Affairs Court Reporters Board of California.

• Copies of CSR Certifications

Yes No

2. Five individuals certified as a Certified Electronic Reporter (CER) by the American Association of Electronic Reporters and Transcribers (AAERT) or the International Alliance of Professional Reporters and Transcribers (IAPRT).

• Copies of CER Certifications

Yes No

3. Five individuals certified as a Certified Electronic Transcriber (CET) by the AAERT.

• Copies of CET Certifications

Yes No

4. Two individuals certified as both CER and CET or as CERT by the AAERT.

• Copies of:

o Dual CER/CET Certifications, and/or o CERT Certifications

ATTACHMENT 3

(Page 2 of 2)

The Bidder shall provide a written narrative attesting:

Qualification in Bid

List Bid Page

Number:

5. All of the individuals, for whom certifications have been provided in Items 1, 2, 3 and 4 above, are identified on the Court-approved List/Directory appointed as an official court reporter by the Superior Court in all of the following counties: Los Angeles, Orange, San Diego, San Francisco and Alameda.

6. Two of the individuals for whom certifications have been provided have a minimum of one year of experience in a California appellate court. Proof of experience for the two individuals shall be submitted by providing the California appellate court and one respective case number for each individual.

7. Two of the individuals for whom certifications have been provided have a minimum of one year experience in a Civil Court.

Yes No

8. Two of the individuals for whom certifications have been provided have a minimum of one year experience in a California Administrative Court and/or two years in Civil Court.

Name of Responding Firm:

Signature: Printed Name of Person Signing: Date:

ATTACHMENT 4

DVBE INCENTIVE APPLICATION REQUEST

Under the DVBE Incentive Regulations, CCR Title 2, Section 1896.99.100, I request the application of the DVBE Program Incentive to IFB C26MC-0001 to determine if my firm may be in line for bid award. I understand:

a. The DVBE Incentive application will be applied using the “Low Cost Method” and cannot be used to achieve any applicable minimum point requirements.

b. The DVBE firm(s) selected must provide a “Commercially Useful Function” required under Government Code 14837 (d)(4) and Military and Veterans Code 999 (b)(5)(B).

d. I will be required to report my firm’s DVBE activities quarterly to DMHC Contracts Unit.

d. Subsequent amendments to the Agreement may require continued use of the identified DVBE firm if contract amendment adds funding for continued services.

As the Proposing firm, I identify the following percentage of DVBE participation for this solicitation: ____ percent.

SECTION A - PROPOSING FIRM INFORMATION

Firm Name:

Firm Representative: Title:

Firm Address:

City: State: Zip:

Firm Telephone:

Firm Email Contact:

SECTION B - PROPOSED DVBE FIRM

DVBE Firm Name:

Firm Representative: Title:

Firm Address:

City: State: Zip:

Firm Telephone: Firm Fax:

Firm Email Contact:

DVBE Certification:

DGS OSDS No.: Date of Expiration:

Services to be Performed:

Bidder Instructions:

1. Bidder completes Section A.

2. DVBE firm(s) complete Section B and provide a copy of their DGS OSDS Certification.

4. Bidder includes this completed form with bid to be considered for the DVBE Incentive.

ATTACHMENT 5

DARFUR CONTRACTING ACT CERTIFICATION

To view the form, click on the heading. Contact Toon.Sie@dmhc.ca.gov to request a hard copy.

https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx

ATTACHMENT 6

BIDDER DECLARATION

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/SCM-Link-Docs/master-biddeclar08-09.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/SCM-Link-Docs/master-biddeclar08-09.pdf

ATTACHMENT 7

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx

ATTACHMENT 8

CONTRACTOR CERTIFICATION CLAUSES

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

ATTACHMENT 9

PAYEE DATA RECORD

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

ATTACHMENT 10

CERTIFICATE OF GOOD STANDING

Refer to Section F.3.a of the IFB for specific instructions.

ATTACHMENT 11

INFORMATION SECURITY AWARENESS AND PRIVACY TRAINING

Refer to Section F.4 of the IFB for specific instructions.

ATTACHMENT 12

REFERENCES

List below three references for organizations for which your organization performed similar work as specified in Section C, Scope of Work within the last five years. Evaluation of references will be primarily based on the description provided below for each reference.

REFERENCE 1

Name of Firm

Street Address City State: Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service Brief Description of Service Provided

REFERENCE 2

Name of Firm Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Name of Firm

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 13

FINANCIAL STABILITY

Refer to Section F.6 of the IFB for specific instructions.

ATTACHMENT 14

CONFLICT OF INTEREST MONITORING PROCESS

Refer to Section F.7 of the IFB for specific instructions.

ATTACHMENT 15

COST WORKSHEET

Excel template titled Attachment 15, Cost Worksheet must be completed and included with bid submission.

M. SAMPLE AGREEMENT

EXHIBIT A

SCOPE OF WORK

1. BACKGROUND

The Office of Enforcement (OE) is the litigation arm of the Department of Managed Health Care (DMHC) that investigates allegations of wrongdoing and prosecutes those found to be in violation of the Knox-Keene Act. In the prosecution of cases, the OE requires certified shorthand reporting and transcription services for hearings, depositions and trials that occur throughout the State of California. Court reporting services are needed to meet the DMHC objectives as enacted by the Legislature and the DMHC mission.

2. SERVICE OVERVIEW

The Contractor, _________________, shall provide the DMHC with certified shorthand reporting and transcription services for the following purposes within the following venues:

1. California Superior, Appellate and Federal Courts,

2. Depositions,

3. Witness interviews,

4. Office of Administrative Hearings,

5. Arbitrations, and

6. Investigations (as needed) described herein.

3. SERVICE LOCATION AND HOURS

The services shall be performed at various locations throughout California, as determined by the DMHC, typically between the hours of 8 a.m. to 5 p.m. Pacific Standard Time (PST). There may be occasions when services will be needed after 5 p.m. In these instances, the DMHC will strive to give one day notice, or as much notice as reasonable in the rare occurrences when one day notice is not possible.

When certified shorthand reporting and transcription services are required in the Los Angeles, Orange, San Diego or Alameda Superior Courts, the Contractor must have a Certified Shorthand Reporter (CSR) that is also on the court-approved Court Reporters List for that jurisdiction. Individuals must also be able to perform services in other areas and venues throughout the State of California (as necessary).

4. CONTRACT TERM

The term of this Agreement is listed on the STD 213 “Start Date” and “Through End Date” identifying when services may begin and must be completed.

The State, at its sole discretion, may amend this contract to exercise one-year optional extension for a maximum contract term of three years.

The Contractor shall not deliver or commence the performance of services as described in this Scope of Work until written approval has been obtained from all entities. Any delivery or performance of service commenced prior to receipt of the executed Agreement, and prior to or after stated term of this Agreement, shall be considered voluntary on the part of the Contractor and non-compensable.

5. CONTRACT MANAGERS

The Contract Managers during the term of this Agreement will be:

State Agency Contractor Entity Name Department of Managed Health

Care Division/Unit Office of Enforcement Name Michelle Norris Address 980 9th Street, Suite 500

Sacramento, CA 95814 Phone 916-309-2929 Email Michelle.Norris@dmhc.ca.gov

The Contractor must provide two alternate contacts if the Contractor’s Contract Manager is not available or a response is not received within two business days.

Alternate Contractor Contact Alternate Contractor Contact Name Address

Phone Email

The parties may change their Contract Manager upon providing 10 days written notice to the other party. Said changes shall not require an amendment to this Agreement.

6. ADMINISTRATIVE REQUIREMENTS

Contractor agrees to complete the Administrative Requirements outlined in Exhibit D

– Special Terms and Conditions, Item 8.

7. SERVICES TO BE PERFORMED

This is a time and material contract and payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

mailto:Michelle.Norris@dmhc.ca.gov

A. SERVICES:

The Contractor shall provide the following certified shorthand reporting and transcription services for hearings, trials, arbitrations, depositions and interviews including but not limited to:

• Hard copy and scanned image exhibits

• Interactive real-time reporting

• Uncertified rough drafts

• Electronic transcript

• Certified legal video

B. CONTRACTOR’S RESPONSIBILITIES:

1. The Contractor must respond to service inquiries within two business days of receipt.

2. The Contractor shall be responsible for the performance of the work as specified in this Agreement. The Contractor shall promptly notify the DMHC’s Contract Manager of events or proposed changes that could affect the scope, budget, or schedule of work performed under this Agreement.

3. When services are requested, the Contractor shall provide the DMHC’s Contract Manager with the following:

• Names and resumes of assigned reporter(s) and/or transcriber(s).

• For services requested in:

o Superior Courts - The Contractor shall provide an individual listed on the court-approved Court Reporters List for the jurisdiction in which services are being requested when the court requires use of its own list.

o California appellate courts - The Contractor’s assigned individual(s) must have a minimum of one year of California appellate court experience. Additionally, Contractor’s assigned individual(s) must have experience providing transcripts at least one time to a California Appellate Court.

o Civil Courts - The Contractor’s assigned individual(s) must have a minimum of one year of Civil Court experience.

o Administrative Courts – The Contractor’s assigned individual(s) must have a minimum of one year of California Administrative Court experience. If they do not have administrative experience, then their Civil Court experience should be at least two years.

• Copy of the assigned individual’s CSR certification issued by the Department of Consumer Affairs Court Reporters Board of California, Certified Electronic Reporter (CER), Certified Electronic Transcriber (CET) or Certified Electronic Reporter and Transcriber (CERT) certifications issued by the American Association of Electronic Reporters and Transcribers (AAERT) when applicable. CER certifications may also be issued by the International Alliance of Professional Reporters and Transcribers (IAPRT).

Resumes and certifications need to be provided once for each assigned individual, not each time services are requested, if documentation is already on file…