C5612800-D_Controlled_Substance_Urinalysis_Testing.pdf

California Department of Corrections and Rehabilitation

Division of Administrative Services Office of Business Services Contracts Management Branch

Updated: February 2025

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STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTS MANAGEMENT BRANCH

3/28/2025

INVITATION FOR BID (IFB)

NOTICE TO PROSPECTIVE BIDDERS

Controlled Substance Urinalysis Testing (Statewide)

BID NUMBER C5612800-D

RETURN BID TO: CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov

Please see Bid Submittal instructions for CDCR’s new electronic bid submittal process.

You are invited to review and respond to this IFB C5612800, titled Controlled Substance Urinalysis Testing Service Contract, Statewide. In submitting your bid, you shall comply with the instructions found herein.

In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

As required by Government Code 14838, the California Department of Corrections and Rehabilitation (CDCR) is required to meet the State’s twenty-five percent (25%) Small Business (SB) participation requirement. Certified SBs and micro-businesses (MB) are encouraged to submit bids. See Small Business Preference Program Section, in this IFB for requirements.

The designated contact person for this IFB is:

Contract Analyst: David Kukesh California Department of Corrections and Rehabilitation Email address: David.Kukesh@cdcr.ca.gov Phone: (279) 210 - 3773

Please note that no verbal information given will be binding upon CDCR unless such information is issued in writing as an official addendum.

Technical questions regarding this solicitation will be addressed in writing and accordance with the Questions and Answers portion of this IFB. See Letters of Inquiry Section for more details.

Sincerely, David Kukesh

David Kukesh Contract Analyst

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BID PACKAGE OVERVIEW ................................................................................................................. - 4 -

PROJECTED TIMETABLE ................................................................................................................... - 6 -

FUNDING .......................................................................................................................................... - 6 -

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS ........................................................... - 6 -

PROHIBITION ON TAX DELINQUENTS .............................................................................................. - 6 -

BIDDER RESPONSIBILITIES & THE BID PACKAGE .............................................................................. - 6 -

BID SUBMITTAL ................................................................................................................................ - 7 -

LETTERS OF INQUIRY ....................................................................................................................... - 9 -

PUBLIC BID OPENING ....................................................................................................................... - 9 -

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS ......................................................................... - 9 -

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE ........................................................ - 9 -

BASIS FOR AWARD ......................................................................................................................... - 10 -

PROTEST AWARD ........................................................................................................................... - 10 -

AGREEMENT EXECUTION ............................................................................................................... - 11 -

EXTENSION OF TERM ..................................................................................................................... - 11 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM .................................................... - 11 -

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE .................................................... - 12 -

SMALL BUSINESS PREFERENCE PROGRAM .................................................................................... - 12 -

NON-SMALL BUSINESS PREFERENCE REQUEST ............................................................................. - 13 -

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE ......................... - 13 -

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS: SMALL/MICRO BUSINESS

AND DVBES .................................................................................................................................... - 14 -

BIDDER PROVIDING FACILITY(IES) ................................................................................................. - 14 -

Table of Contents

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BID PACKAGE OVERVIEW

This IFB package contains the following documents (except as otherwise indicated).

Please note that you must comply with the requirements contained in all documents.

Bid Submittal Checklist

Bidder Acknowledgment/Certification (OBS 300)

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Parole Unit Location List (Exhibit A-1)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1)

General Terms and Conditions (Exhibit C)

This document is incorporated in this bid package by reference only and is available on the Internet at Standard Contract Language for Non-IT Services - GTC 02/2025.

Special Terms and Conditions (Exhibit D)

Business Associates Agreement (HIPAA) (Exhibit E)

CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit F)

Drug Screening Cut-Off Levels (Attachment 1)

Drug Panel Breakdown (Attachment 2)

Postal Regulations (Attachment 3)

Laboratory Site Inspection Report (Attachment 4)

Drug Testing Data Requirements (Attachment 5)

Monthly Summary Report (Attachment 6)

Monthly Contractor Detail Report (Attachment 7)

Daily Laboratory Report (Attachment 8)

Invoice (Attachment 9)

Contractor Certification Clauses (CCC 04/2017)

Payee Data Record (STD 204)

Payee Data Record Supplement (STD 205)

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Supplemental Vendor Payee Data Record Form

Darfur Contracting Act (OBS 1500)

Iran Contracting Act (OBS 1502)

California Civil Rights Laws Certification (OBS 1510)

GenAI Reporting and Factsheet (OBS 1000)

Sample Certificate of Insurance

Bidder Declaration (GSPD-05-105)

Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)

DVBE Declarations (DGS PD 843)

California DVBE Bid Incentive Instructions

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

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Invitation for Bid Contract Bid Number C5612800-D

PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders April 15, 2025 Letters of Inquiry Submission Date April 24, 2025 Submission of Bid May 8, 2025 by 11:00 AM Public Bid Opening May 12, 2025 at 2:00 PM Anticipated Date for Commencement of Services

July 1, 2025

Term End Date of Agreement June 30, 2028

FUNDING

The State’s estimate for this Agreement is $2,060,510.00.

BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1). Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

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1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item

Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, a signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed through DocuSign by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

BID SUBMITTAL

Bids must be submitted electronically, with all necessary bid submission documents in a clear, legible Portable Document Format (PDF), the documents are fully responsive and lack any deficiency, to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov no later than the time and date specified in the Projected Timetable. Any bid received in any other manner will NOT be considered. Bid submission time will be recorded using the electronic time stamp associated with receipt of the email submission. CDCR will provide an automated email response confirming receipt of each submission received showing the date and time the submission was received. If a confirmation receipt is not received, please contact CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov to confirm your bid was received. Confirmation receipt is not a representation by CDCR that the submitted bid is responsive and complete.

Any electronic bid received after the Submission of Bid date and time specified in the Projected Timetable will NOT be considered. Bidders are ultimately responsible for ensuring timely receipt of their bid. It is recommended that Bidders submit bids at least one (1) hour in advance of the bid submission deadline to allow for confirmation of bid submission.

Bid submissions with attached PDF documents in excess of forty (40) Megabytes in size risk being undeliverable. The State’s mail server may automatically reject excessively large emails. Bidder may submit multiple emails if file size exceeds forty (40) Megabytes. Multiple emails should be identified as follows: 1 of 3, 2 of 3, 3 of 3, etc. Links to files stored on the internet (e.g., Google Drive, Dropbox) in lieu of attachments are not acceptable, and any documents stored at such links will not be reviewed.

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The subject line of the electronic bid must be titled:

BID FOR C5612800-D- Controlled Substance Urinalysis Testing (Statewide).

Bids that are not properly marked may be disregarded. Please see example below for further assistance.

The body of the email of the electronic bid must only contain the following:

DO NOT OPEN

BID NUMBER: C5612800-D

ATTENTION: David Kukesh

COMPANY NAME:

(See Sample Below)

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear one of the following DocuSign, or Adobe Acrobat Sign signature, or a scanned document of an original ink signature. An unsigned bid may be rejected.

A bidder may modify a bid after its submission by withdrawing the 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. A bid may be withdrawn from consideration by submitting a written withdrawal request to CDCR via email to CDCR-CMB-Non-IT-Service-Bids@cdcr.ca.gov, signed by the bidder or an authorized agent. Bids will not be opened until the Public Bid Open date and time. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

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LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Any letters of inquiry must be submitted by email to allow CDCR time to research and prepare a response.

Submit your letter of inquiry by the date specified in the Projected Timetable Section of this IFB directly to David Kukesh, Contracts Management Branch, by E-mail: David.Kukesh@CDCR.ca.gov.

Inquiries received after this date will only be addressed at CDCR’s discretion.

PUBLIC BID OPENING

All bids received by the due date and time will be opened and read at a virtual public bid opening. Bids will be opened publicly over conference-call utilizing the call-in number below. The time of the public bid opening will be as outlined in the Projected Timetable.

Call-In Number: 1-916-701-9994 Passcode: 340347063#

At the time of the public bid opening, the dollar amount of each bid, claimed preference, and the name of each company bidding shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

Final results may change as a result of formal bid evaluation.

Bid opening will be audio only with no opportunity for questions and answers.

Bid Results can also be requested by contacting the contract analyst listed in this solicitation following the public bid opening.

EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

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

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii)

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Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

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

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.

BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed, and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the 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.

PROTEST AWARD

Information regarding the protest of an award may be found by going to State Contracting Manual - Volume 1, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope or email subject line containing the written protest must clearly state:

"Protest Concerning IFB Number C5612800-D for the California Department of Corrections and Rehabilitation".

Protests MUST be filed with:

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ORIGINAL COPY

EMAIL OR MAIL DELIVERY

Email: OLSProtests@dgs.ca.gov

Department of General Services Office of Legal Services Attn: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

EMAIL OR MAIL DELIVERY

E-mail: m_CDCR-OBS-Protest-Mailbox@cdcr.ca.gov

Department of Corrections and Rehabilitation Office of Business Services Contracts Management Branch 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, B, B-1, D, E, F and Attachments 1 through 9.

This Agreement will not include a copy of the Exhibit C, General Terms and Conditions for Private Contractors, which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at Standard Contract Language for Non - IT Services.

After award, the Standard Agreement will be forwarded to the Contractor for signature via DocuSign.

Upon receipt, the Contractor must sign the Agreement and return the Agreement with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreement and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the DGS Government Claims Program. When the Agreement is fully approved, a copy will be forwarded to you.

EXTENSION OF TERM

This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this

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DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the three percent (3%) goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code

999. The DVBE Incentive Program applies to all contracting activities for services. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form (OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

Award Based on Low Price

The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five percent (5%) will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

SMALL BUSINESS PREFERENCE PROGRAM

Current law requires state departments to support the success of small businesses, including microbusinesses, in participation in contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to contract with certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California;

2. The officers are domiciled in California;

3. The business is independently owned and operated;

4. The business, with any affiliates, is not dominant in its field of operation; and

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a. For Small Business, either:

(1) The business, together with any affiliates, has one hundred (100) or fewer employees and averaged annual gross receipts of $16,000,000 or less over the previous three years, or

(2) The business is a manufacturer with one hundred (100) or fewer employees;

b. For Micro Business, either:

(1) The business, together with any affiliates, has twenty-five (25) or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(2) The business is a manufacturer with twenty-five (25) or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by

5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at Apply for or Re-Apply for Certification as a Small Business and/or Disabled Veteran Business Enterprise.

NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS

555) with their bid proposal.

NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

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In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000.

The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

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BID SUBMITTAL CHECKLIST

CONTROLLED SUBSTANCE URINALYSIS TESTING (STATEWIDE)

IFB NUMBER C5612800-D

Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid package will consist of ALL of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bid Submittal Checklist (this checklist)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet (Exhibit B-1) For the bidder’s convenience, Exhibit B-1 is an Excel spreadsheet file. The spreadsheet is password protected and cannot be altered, except where highlighted. The bidder will enter amounts into each of the highlighted cells.

_____ Copy of a current Substance Abuse and Mental Health Services Administration

(SAMHSA) certification.

_____ Copy of a current California Department of Health Services Laboratory Field Services

(LFS) license.

_____ Copy of a current U.S. Department of Health and Human Services Clinical Laboratory

Improvement Amendments (CLIA) registration certificate.

_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.

_____ Contractor Certification Clauses (CCC 04/2017)

_____ Payee Data Record (STD 204)

_____ Payee Data Record Supplement (STD 205)

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IFB Number C5612800-D Bid Submittal Checklist

_____ Supplemental Vendor Payee Data Record Form

_____ Darfur Contracting Act (OBS 1500)

_____ Iran Contracting Act (OBS 1502)

_____ California Civil Rights Laws Certification (OBS 1510)

_____ GenAI Disclosure & Factsheet (OBS 1000)

_____ GSPD-05-105 Bidder Declaration

_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)

(If Applicable)

_____ DVBE Declarations (STD 843) (If Applicable)

_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554) (If Applicable)

NOTE TO BIDDER: In addition to the above, the Contractor shall furnish the documents/materials identified below at the time of award and/or upon request by CDCR.

_____ Certificate of Insurance (Commercial General, Auto, and Non-Medical Professional Liability)

_____ Workers Compensation Insurance

IFB Page 16 of 108

Bidder Acknowledgement/Certification (OBS 300) IFB Number C5612800-D California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date DGS certified Small Business DGS certified Micro Business Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555 DGS certified Disabled Veteran Business Enterprise DVBE Incentive requested by bidder (include the completed OBS 554 with bid) NVSA preference request TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

IFB Page 17 of 108

2. The term of this Agreement is:

SAMPLE

IFB Page 18 of 108

TBB IFB Number C5612800-D California Department of Corrections and Rehabilitation Exhibit A Scope of Work

I. INTRODUCTION

The Contractor agrees to provide all personnel, materials, supplies and equipment and every other item of expense necessary to perform controlled substances urinalysis testing services, statewide, for the California Department of Corrections and Rehabilitation (CDCR), Division of Adult Parole Operations (DAPO). Services will be provided at a facility determined by the Contractor, which meets requirements and specifications as outlined in Exhibit A, Scope of Work. The Contractor shall collect specimens from the facility site locations listed on the DAPO Exhibit A-1, Parole Unit Location List.

Controlled Substance Urinalysis Testing must be as error-free as possible and positive test results must be confirmed by gas chromatography/mass spectrometry (GC/MS) cut off levels meeting the same level of the onsite Instant Test Kits (oral or urine) and corresponding levels as listed in Attachment 1, Drug Screening Cut-Off Levels; radioimmunoassay is not an acceptable method.

II. LICENSE/PERMITS/CERTIFICATIONS

The Contractor shall possess and maintain throughout the term of this Agreement, a current Substance Abuse and Mental Health Services Administration (SAMHSA) certification, a California Department of Health Services Laboratory Field Services (LFS) license, a current U.S. Department of Health and Human Services Clinical Laboratory Improvement Amendments (CLIA) registration Certificate and a valid Business License.

If at any time during the period of this Agreement the Contractor receives notification that their licenses or certifications are being suspended, are suspended, or may potentially be suspended, the Contractor must notify the CDCR Contract Manager or their designee in writing. The Contractor shall also ensure that all subcontractors maintain all licenses and certifications as required by law.

III. CONTRACTOR RESPONSIBILITIES

A. Chemical Analysis

1. The Contractor agrees to perform analysis of urine specimens and shall accept and/or receive urinalysis Instant Test Kits of various drug combinations and Oral Test Kits and Single Alcohol Kits submitted by Parole Agents throughout the state, on an as needed basis.

2. The Contractor shall receive urine specimens, which require screening, to determine the presence of any of the groups of drugs at the minimum levels of concentration shown on the onsite Instant Test Kits and corresponding levels as listed in Attachment 1, Drug Screening Cut-Off Levels.

3. Presumptive positive tests obtained by Parole Agents, utilizing any of the identified test kits, will be secured in the approved packaging provided to by the Contractor and submitted to the laboratory for confirmation of the positive substance(s).

4. If the Contractor receives additional testing requests, it will be on a case-by-case basis and authorized by a Parole Agent supervisor in a DAPO unit.

IFB Page 19 of 108

B. Testing Laboratory Procedures

1. The Contractor shall use a GC/MS technique for confirmation of presumptive positive test results for urine specimen containers and on-site Instant Test Kits, at the cut-off levels listed in Attachment 1, Drug Screening Cut-Off Levels.

2. The Contractor shall use a hydrolysis step, specifically for opiates and cannabinoids, to liberate the analytic prior to confirmation by the chromatographic method.

3. If the Contractor receives the Instant Test Kit container containing a urine specimen not meeting the standard requirements for the Contractor to process the specimen in a confirmatory test result, the Contractor will transfer the specimen from the Instant Test Kit container to the Contractor’s container; or follow other internal testing protocols in order to facilitate processing of the confirmatory testing, utilizing the Contractor’s existing laboratory test equipment.

4. The Contractor shall confirm results at the lower limit of quantitation. The Contractor shall perform a complete screening of the entire panel, when in receipt of presumptive positive test results, for confirmation of a controlled substance. When confirming the presence of a controlled substance, the Contractor shall have the ability to identify drugs at low levels, matching the levels of the Instant Test Kits (urine and oral). The importance of this is crucial as any illicit drug found in the system is a violation of the conditions of parole. The more quickly drug usage can be identified, the more rapidly a course of action may be initiated. If a lab is not using these levels, true positive samples are missed and the donor may continue to use illegal substances and/or abuse legal substances, while possibly continuing criminal behavior.

C. Specimens

1. The Contractor shall conduct analysis using the cut-off levels shown on the onsite Instant Test Kits (oral or urine) as listed in Attachment 1, Drug Screening Cut-Off Levels. The testing of a specimen requires that the sample submitted be separated into two (2) portions and one (1) such portion be analyzed. The second portion of any specimen, which has been confirmed to be positive for controlled substances, shall be securely stored and frozen at -20 (minus twenty) degrees Centigrade or lower for one (1) year to assure availability for re-testing in case of a challenge.

Negative result specimens may be discarded two (2) weeks following the date the results were reported to the provider.

2. If the Contractor receives notification of a legal challenge, the Contractor’s laboratory must maintain storage of identified specimens for an indefinite period. Parole Agents shall perform specimen collections and store specimens in containers provided by the Contractor in each Parole Unit’s designated pick up areas. Parole Unit staff are responsible for preparing the containers for collection by the Contractor.

D. Collection Requirements / Results Reporting

1. The Contractor shall provide daily specimen collections (pick-ups) at all Parole Unit locations listed in Exhibit A-1, Parole Unit Location List at mutually agreed upon times by the Contractor and facility contact. Parole Unit staff will present the Contractor’s carrier with the CDCR 2250 Urinalysis Sample Transfer Log, to acknowledge receipt of the specimen(s) picked-up from each Parole Unit location. The carrier shall provide written confirmation for receipt of the urine specimens at each facility and deliver the specimens to the Contractor’s laboratory within 24 hours, providing written confirmation of receipt at the laboratory, Monday through Friday, except State holidays.

2. The Contractor must make separate pick-ups at each of the designated Parole Unit locations, listed in Exhibit A-1, Parole Unit Location List. Each unit must have their own specimen transportation box in which specimen containers shall be carried in. Many Parole Unit locations have several

IFB Page 20 of 108 units; therefore those locations have boxes for each Parole Unit location listed in Exhibit A-1, Parole Unit Location List.

3. The Contractor shall complete and report all specimen analyses to the contributing Parole Unit location within 48 hours of receipt of specimen, excluding holidays, Saturdays, and Sundays. Test results due on a State holiday may be reported on the next regular business day. Attachment 8, Daily Laboratory Report, attached hereto and incorporated herein, or an equivalent form, must be used to report test results.

4. The Contractor shall assure that all urine specimen test results including confirmation, screening and quality control data are reviewed by the laboratory director or a supervisory scientist.

Contractor must also confirm the accuracy of test dates, offender and Parole Agent names and CDCR numbers.

5. The Contractor shall retain copies of all reports for a period of three (3) years and ensure they are available to the State for audit purposes.

E. Specimen Containers

1. The Contractor agrees to furnish paid postage, at no additional cost to the State, all necessary supplies, specimen containers with tamper proof security seals and labels, transporting containers, zip lock bags to accommodate shipping on-site instant test cups measuring approximately 3¼” x 3¼”, large transporting bags to accommodate on-site Instant Test Kits, transporting labels, and shall pay the cost of transporting specimens from submitting providers to the Contractor. Labels shall be pre-printed by the Contractor, with a space for each of the following:

• Unit Identification Number

• Name of Unit

• Place for the following test: Urine/Oral Drug Panel Number and name of Drug, Customized Drug Panel (in various drug combinations as selected from Attachment 2, Drug Panel Breakdown, Thirteen (13) Panel Configuration), Fourteen (14), Sixteen (16), Alcohol, All Other

• Place for offender’s first and last name

• Place for offender’s CDCR Identification Number

• Place for Parole Agent’s first initial and last name

• Collection date

**Labels shall be sent with the Instant Test Kits, with the panel information included on the label**

The pre-printed label must resemble the sample below:

Unit ID#: ______________________________________________

Name of Unit: _________________________________________

Panel:

Label to reflect the panel drugs/check box for drug(s) to be confirmed.

Participant:

First Name: _____________________________________________

Last Name: _____________________________________________

ID#: ___________________________________________________

Agent:

IFB Page 21 of 108

First Name Initial: __________

Last Name: _____________________________________________

Collection Date: ______________________

2. Specimen containers must be compact enough to be carried in a pocket or a purse, in order to be readily usable by CDCR program personnel in the field. Specimen containers shall be convenient for both male and female use. If not, an alternative container shall be provided for female use.

Specimen containers are to be leak proof and of composition to resist breakage. In order to enhance the chain of custody, boxes must be secured at time of pick-up and must be durable enough to handle transportation of urine specimens to and from the laboratory.

3. The Contractor agrees to provide a frontend bar code program and digital test results through log-in access to a secure website for each Parole Unit location. Contractor agrees to provide updated technology, such as QR codes, for scanning and providing results of lab samples once available.

These standards are in accordance with the American Probation and Parole Association’s Drug Testing Guidelines and Practices for Adult Probation and Parole Agencies and the United States Postal Regulations 124.383b, 124.383b(1), 124.383b(2) and 124.383b(3) [see Attachment 3, Postal Regulations].

F. Product Identification

1. The Contractor must provide samples of on-site devices and package inserts. On-site devices are to be provided upon request.

G. Instant Test Kits Specifications

1. The Contractor shall provide intact drug testing kits which incorporate collection and testing for the detection of drugs of abuse in human urine or oral (saliva).

2. The Instant Test Kits shall meet the following criteria:

a. Each drug strip must be FDA cleared (with the exception of alcohol).

b. Devices must have a twenty (20) month shelf life or better when delivered.

c. Each drug assay must have its own strip, and thus, one (1) control line per drug.

d. Kits shall be fully integrated, one-step devices for commonly abused drugs in urine. Devices cannot require tipping, tilting, card insertion or key turning.

e. Statewide training shall be provided, at no extra cost, at a minimum of two (2) times per year. Training shall commence within ninety (90) days of assuming the contract and made available via remote…