CV_STAR_Pharmacy_-_IFB_-_SOLICITATION.docx

PETE CERVINKA

ACTING DIRECTOR

State of California—Health and Human Services Agency Department of Developmental Services 1215 O Street, Sacramento, CA 95814 www.dds.ca.gov

GAVIN NEWSOM

GOVERNOR

Department of Developmental Services

IFB ST249013

INVITATION FOR BID (IFB) ST249013

CV STAR Pharmacy Services

October 11, 2024

You are invited to review and respond to the Department of Developmental Services (DDS) Invitation for Bid (IFB) ST249013, CV STAR Pharmacy Services. In submitting your bid, you must comply with the instructions found herein.

Read all portions of this solicitation carefully. The Bidder is solely responsible for ensuring that DDS receives the complete bid in accordance with the Bid requirements, prior to the date and time specified in the solicitation. Bids received after the specified deadline will not be considered for review. DDS shall not be responsible for any delays in submittal, including misdelivery. DDS reserves the right to cancel this IFB without cause at any time prior to award.

Bidders are advised to check the Cal eProcure website for addenda, modifications, and updates to the Bid documents. DDS is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to check the website periodically will be at the Bidder’s sole risk.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site Standard Contract Language for Non-IT Services.

In the opinion of DDS, this IFB is complete and without need of explanation. However, if questions arise or there is a need to obtain clarifying information, bidders shall submit an email by the Written Questions Submittal Deadline in Section C. Bid Requirements and Information, Item 1. Key Action Dates.

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

Contents

ATTACHMENTS

ATTACHMENT 3 –

Description of Services

Contractor agrees to provide as-needed pharmacy services, medications, and various pharmaceutical supplies for clients residing at the Department of Developmental Services (DDS) Central Valley Stabilization, Training, Assistance, and Reintegration (CV STAR) Community Crisis homes. STAR homes are five-bed community crisis homes for clients with intellectual and developmental disabilities (IDD) and mental health conditions. These clients reside at a STAR home until they reach stabilization and can transition to an alternate living environment. Clients can stay in a STAR home for no longer than 13 months. CV STAR provides services to adolescents (12-17 years old), and adults (18 years of age and older) with developmental disabilities. Additional background about DDS’ STAR programs can be found here: DDS STAR homes.

Services shall be provided for clients residing at the following locations:

· CV STAR 1: 3334 Meadow Dr. Springville, CA 93265

· CV STAR 2: 32029 Success Valley Rd. Porterville, CA 93257

The Contractor will provide applicable forms and reports as requested by the CV STAR Program Director or designee.

See the Standard Agreement, Exhibit A, Scope of Work (SOW) for a complete description of services.

Agreement Period The Agreement will be from December 16, 2024, or when fully executed, through December 16, 2027.

Contractors are cautioned that no work shall begin until the Agreement has been fully executed. If work is performed prior to the Agreement approval, and the Agreement is, for any reason, not approved, all previous work performed by the Contractor is considered donated to DDS and no payment shall be made for that work.

bidder Eligibility Criteria

1. Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Bidders must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

2. Bidders must be in good standing with the California Franchise Tax Board (FTB), California Department of Tax and Fee Administration (CDTFA), and not on the U.S. Government, Office of Foreign Control’s “Specially Designated Nationals and Blocked Persons List” (SDN List).

3. Bidders, including the Bidders’ representatives such as executives, officers, board members, and agents, must be responsible and have the capability to carry out the terms in this IFB. Bidders who have had an agreement terminated, for cause, with DDS in the past 18 months may be disqualified. This restriction extends to all entities for which the Bidders’ representatives have been responsible for in whole or in part (e.g., making decisions, managing operations).

4. 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 Contactor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

5. The Disabled Veteran Business Enterprise (DVBE) Participation Program requirements for this solicitation have been exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. Please see Section D, Items 1. and 2. DVBE Program Participation and Incentive.

Bidder requirements

1. Licenses and Certifications

1. Bidders shall obtain, at their expense, pharmacist licensure from the California State Board of Pharmacy.

1. All licenses must remain valid for the term of the Agreement. If any license or certification expires at any time during the terms of this agreement, the Contractor agrees to provide DDS with a copy of the renewed license or certification within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required licenses or certifications, DDS may, in addition to any remedies it may have, terminate this agreement upon occurrence of such event.

2. Bidder shall: Possess the appropriate resources to provide the CV STAR Program Director or designee with computer generated: recapped physician’s orders, medication administration records (MARs), accountability sheets, and various/miscellaneous reports including but not limited to anti-infective drugs, drug information/interactions and other monthly and/or quarterly management reports.

Key Action Dates

The dates and times below are important and show which specific actions must be taken or completed. If DDS finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB.

Dates after Final Date for Bid Submission are estimates only and may be adjusted by DDS as conditions indicate without an addendum to this IFB.

Questions and Answers

1. Bidders may submit questions for clarification of the content of this IFB to Jacob.Thomas@dds.ca.gov no later than the date and time specified in Article V., Key Action Dates. The Bidder must reference the section and page number about which they are inquiring.

2. Written Questions and Answers will be provided without identifying the submitter. At DDS’ sole discretion, DDS may paraphrase questions for clarity.

3. Questions must be submitted in writing by the date for Written Questions Submittal Deadline specified in Article V. Key Action Dates.

4. DDS will answer questions at its sole discretion.

5. Questions and Answers will be posted on Cal eProcure.

Submission of Bid All bids must be received either emailed in portable document format (PDF) to Jacob.Thomas@dds.ca.gov or mailed under sealed envelope by the date and time specified in Article V. Key Action Dates.

1. Email Bid Submission Requirements:

a. Email subject lines must include the IFB number, Title, and be marked: Bid for CV STAR Pharmacy Services – IFB ST249013.

b. DDS reserves the right to consider emailed responses as properly “sealed.” Responses will only be considered if they are sent to the email address listed in this IFB. IFB responses sent to any other email address will not be considered.

c. Bidders shall ensure that emails do not exceed a file size of 25 megabytes.

d. Bidders shall ensure that emails do not contain scripts, executable files, or macros, which may make their emails undeliverable.

e. Do not imbed links within the PDF – all documents must be contained within the PDF. DDS cannot access links to external sources. Bids containing links to external sources will be rejected.

f. Bid submissions sent from unrecognized email servers may be blocked by DDS security filters and be flagged as spam, thereby rendering them unsubmitted.

g. DDS will confirm receipt of email. Receipt confirmations only confirm receipt of emails and do not assess bidder’s responsiveness to the IFB requirements in the email content or in any attachments therein.

2. Mail or Delivery Bid Submission Requirements:

a. The sealed envelope must be plainly marked: BID for CV STAR Pharmacy Services – IFB ST249013, Attention: Jacob Thomas, Contracts Unit – DO NOT OPEN and deliver to the address below:

Department of Developmental Services Contracts Unit Attn: Jacob Thomas 1215 O Street, MS 10-10 Sacramento, CA 95814

Bids not clearly marked and submitted under sealed envelope may be rejected. A minimum of one bid marked “MASTER” (bearing original wet signature) and one copy shall be submitted. If discrepancies are found between the master and the copy of the Bid, the “Master” bid will prevail over all others.

Mail or deliver bids to the address shown above. Neither the postmark on the Bid response envelope nor receipt in the Department of Developmental Services (DDS) Mailroom will constitute timely delivery. Any bid received and time stamped in the DDS Mailroom on or before the date and time specified in Article V. Key Action Dates is considered timely delivery. It is the policy of DDS to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting Jacob.Thomas@dds.ca.gov.

b. All bids shall include the documents identified in Attachment 1, Required Attachment checklist. Bids not including the proper required attachments may be deemed nonresponsive. A nonresponsive bid is one that does not meet the basic bid requirements and nonresponsiveness is justification for rejection.

c. Electronic signature of the person authorized to bind the Bidder to this agreement is acceptable. Bids submitted without authorized signatures on all forms requiring signature may be rejected.

d. It is the Bidder’s responsibility to provide all necessary information for DDS to evaluate the Bid, verify requested information, and determine the Bidder’s ability to perform the services defined in the Agreement in Exhibit A, SOW and Attachment 3, Cost Worksheet.

e. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

f. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. DDS may reject any or all bids and may waive any immaterial deviation in a bid. DDS’ waiver of immaterial defect shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

g. Clarification may be requested by DDS during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. DDS reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

h. Costs 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 DDS.

i. An individual who is authorized to bind the Bidder contractually shall sign Attachment 2, Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

j. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the Final Date for Bid Submission. A bidder’s modification offered in any other manner, oral or written, will not be considered.

k. A bidder may withdraw its bid by submitting a written withdrawal request to DDS, signed by the Bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the Final Date for Bid Submission. Bids may not be withdrawn without cause after the Final Date for Bid Submission.

l. DDS may modify the IFB prior to the Final Date for Bid Submission by issuing an addendum that shall be posted to Cal eProcure.

m. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

n. DDS does not accept alternate agreement language from a prospective contractor. A bid with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable.

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

Bid Required and conditional Attachments

This bid package requires completion of all attachments referenced on the required Attachment 1, Required Attachment Checklist. Exclusion of any required attachments may result in bidder’s disqualification.

The bid submission package must include the following required forms fully completed and signed:

1. ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST – is to be used to confirm compliance with the bid submission requirements. The checklist must be fully completed and submitted as the cover to your bid package.

2. ATTACHMENT 2 – BIDDER CERTIFICATION SHEET – This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package.

3. ATTACHMENT 3 – COST SHEETS

COST SHEET- YEAR 1 – must be completed and submitted. The cost sheet must contain the proposed bid cost for Total Cost.

COST SHEET- YEAR 2 – must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. The cost sheet must contain the proposed bid cost for Total Cost.

COST SHEET- YEAR 3 – must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. The cost sheet must contain the proposed bid cost for Total Cost.

4. ATTACHMENT 4 – CONTRACTOR POINT OF CONTACT – must be completed in its entirety.

5. ATTACHMENT 5 – PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD SUPPLEMENT (STD 205) – the STD 204 must be completed with original signature. The STD 205 is only completed if applicable.

6. ATTACHMENT 6 – BIDDER DECLARATION FORM (GSPD-05-105) – must be completed and submitted with original signature.

7. ATTACHMENT 7 – CONTRACTOR CERTIFICATION CLAUSES – must be signed and dated with original signature.

8. ATTACHMENT 8 - DARFUR CONTRACTING ACT CERTIFICATION FORM – must be fully completed, signed, and dated with original signature.

9. ATTACHMENT 9 – INSURANCE ACKNOWLEDGEMENT – must be completed and signed.

10. ATTACHMENT 10 – STATEMENT OF ASSURANCES FOR PROTECTION OF PROTECTED HEALTH INFORMATION (HIPAA) ACKNOWLEDGEMENT – must be completed and signed.

11. ATTACHMENT 11 – GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE & FACTSHEET (STD 1000) – must be completed and signed.

12. ATTACHMENT 12 – BIDDER REFERENCES – must be completed and signed.

13. ATTACHMENT 13 – DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS (DGS PD 843) *

The following documents must be included in with the bid submission if applicable:

14. ATTACHMENT 14 – BIDDING PREFERENCES AND INCENTIVES

Evaluation

1. DDS will evaluate each bid to determine its responsiveness to the published requirements.

2. Bids that contain false or misleading statements that do not support an attribute or condition claimed by Bidder may be rejected. If in the opinion of DDS, information submitted by the bidder was intended to mislead DDS in its evaluation of the Bid and the attribute, condition, or capacity is a requirement of the IFB, it will be the basis for rejection of the Bid.

3. DDS will send invitations to the Cost Opening through an email meeting notice with the Microsoft Teams link the day before the Cost Opening identified in Section C, Bid Requirements and Information, 1. Key Action Dates. Questions will not be allowed.

4. In the event of a precise tie, if Government Code (GC) Section 14838(f) does not apply to the Bidders, a witnessed coin toss will be conducted by the Procurement Official. If a coin toss is needed, the Procurement Official will schedule and arrange for the coin toss and nonpartisan witnesses, notifying the participating bidders of the outcome of the coin toss.

5. Each bid will be checked for the presence or absence of required information in conformance with the submission requirement of this IFB.

Award and Protest

1. The Agreement shall be awarded based on the responsive and responsible bidder submitting the lowest Total Costs on Attachment 3 – Cost Worksheet.

2. Award, if made, will be within 90 days – if no protest of the award is received – after the scheduled date for the Intent to Award. If a protest is received, the Award, if made, will be after the protest is resolved.

3. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not awarded to the low bidder, the low bidder shall be notified by email, overnight courier, or personal delivery five working days prior to the award of the agreement.

4. All protests must be made in writing, signed by an officer of the company or individual authorized to do so and submitted within five working days of the State’s posting of its intent to award. An original copy of the protest must be mailed (i.e., certified mail with return receipt requested) to:

Department of General Services Office of Legal Services (DGS/OLS) 707 Third Street, 7th Floor, Suite 7-300 West Sacramento, CA 95695 Email: OLSProtests@dgs.ca.gov

The protest must include a statement that Bidder believes they are the lowest responsive and responsible bidder and are therefore protesting the Agreement award to another bidder.

Within five days after filing the protest, the protesting bidder shall file a detailed written statement specifying the grounds for the protest with DGS, OLS, and DDS. The written protest must be sent to DGS, OLS, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95695. A copy of the detailed written statement must be emailed to DDS at Jacob.Thomas@dds.ca.gov.

Disposition of Bids

1. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (GC Section 6250 et seq.) and subject to review by the public.

2. Bid packages may be returned only at bidder’s expense unless DDS waives it.

Agreement Execution and Performance

1. Services shall commence on the express date set by DDS and the Contractor after all approvals have been obtained and the Agreement is fully executed. 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 time, DDS – upon five days’ written notice to the Contractor – reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to DDS for the difference between contractor’s bid price and the actual cost of performing work by the second lowest bidder, or another contractor.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

3. Should it become necessary to modify the terms of the resulting agreement, those modifications may be made through a written amendment. An agreement amendment shall not be effective unless it is in writing and until fully executed by both parties.

4. The Agreement will not include a hard copy of the General Terms and Conditions (Exhibit C, GTC-04/2017); they will be incorporated by reference and made part of this agreement and can be viewed here: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language geneRATIVE artificial intelligence dISCLOSURE nOTIFICATION The State of California seeks to realize the potential benefits of Generative Artificial Intelligence (GenAI), through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder’s GenAI Disclosure & Factsheet, 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.

Participation, Preference, and Incentive Programs The Preference and Incentive Programs listed below may be combined but will not exceed a combined total of 15 percent of the Bid amount or $100,000 per bid, whichever is less. No bid price will be reduced by more than $100,000, and all preference and incentive cost adjustments are for bid evaluation purposes only and do not alter the actual cost offered by the Bidder.

A Small Business (SB)/Microbusiness (MB) and a Disabled Veteran Business Enterprise (DVBE) must have current and valid certification through DGS, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS); certifications must remain unexpired throughout the Agreement term. Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 PM PT on the Final Date for Bid Submission, and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at

(916) 375-4940 or access OSDS’ Internet website https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Each listed California certified SB, MB, and DVBE contractor, subcontractor, or supplier must perform a “commercially useful function” (CUF) in the performance of a distinct element of the Agreement as defined in GC Section14837 (d)(4) and California Military and Veterans Code (M&VC) Section 999 (B). Commercially Useful Function

1. DVBE Program Participation

The DVBE Participation Program requirements for this solicitation have been exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs and seeks to use certified DVBE businesses whenever possible.

DVBEs must have current and valid certification through DGS OSDS. Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 PM PT on the Final Date for Bid Submission, and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at (916) 375-4940 or access OSDS’ Internet website at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS

DVBE Incentive

Firms voluntarily utilizing DVBE subcontractors can have an incentive applied based on their level of DVBE participation identified in the Bid response, not to exceed five percent.

The DVBE Incentive is for bid computation purposes only and is only applied to responsive bids from responsible bidders proposing DVBE participation. The incentive shall be applied as follows:

1. The incentive is subject to a minimum of one percent and a maximum of five percent. Bids with DVBE participation of more than five percent will be calculated with a five percent incentive.

1. A signed Disabled Veteran Business Enterprise Declaration -DGS PD 843 must be submitted with the Bid response. The fill and print form is available at this link: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The form must be completed if a proposer is a DVBE or subcontracts to a DVBE.

1. The DVBE Incentive is computed from the lowest responsive and responsible bid price.

1. If the awarded contractor has a certified DVBE perform an element of work for the Agreement, within 60 days of expiration of the Agreement, the awarded contractor shall complete a Prime Contractors Certification - DVBE Subcontractors Report (STD 817) and submit to DDS.

1. SB 588 requires an awarding department to withhold $10,000, or the full amount if it is less than $10,000, from the final payment on an agreement until certification is received by the awarding department regarding DVBE participation and payment. The awarding department gives a prime contractor that fails to meet those certification requirements 15 to 30 calendar days to cure the defect. If not, the final payment is permanently deducted.

1. The required list of California certified DVBE subcontractors must be provided on Attachment 7, Bidder Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products shipped, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Small Business (SB) Preference Program

1. Current law encourages state departments to first consider an SB/MB Enterprise for contracting opportunities. DDS is committed to supporting SB/MB participation in state contracting and seeks to use certified SBs/MBs whenever possible.

1. Section 14835, et seq., of the California Government Code requires that a five percent preference be given to bidders who certify as an SB/MB. 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.

1. The SB/MB Preference may not exceed $50,000 for any bid. This preference cost adjustment is for bid computation purposes only and does not alter the actual cost offered by the Bidder. The SB Preference is computed from the lowest responsive and responsible bid price.

1. Details about the Small Business Preference program can be found at: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Non-Small Business Preference Request

A five percent bid preference is available to a non-small business claiming 25 percent California certified SB subcontractor participation. If claiming the non-small business subcontractor preference, the Bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least 25 percent of the net bid price with one or more California certified SBs. Each listed certified SB/MB must perform a commercially useful function in the performance of the Agreement as defined in GC Section 14837(d)(4).

1. The required list of California certified SB contractors must be provided on Attachment 7, Bidder Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products shipped, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

1. In granting the Non-Small Business Preference, no bid price will be reduced. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the Bidder. The Non-Small Business Preference is computed from the lowest responsive and responsible bid price.

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

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

The State has determined that the DVBE participation goals for this contract are exempt.

EXHIBIT A–SCOPE OF WORK

I. DESCRIPTION OF SERVICES

Contractor agrees to provide as-needed pharmacy services, medications, and various pharmaceutical supplies for clients residing at the Department of Developmental Services (DDS) Central Valley Stabilization, Training, Assistance, and Reintegration (CV STAR) Community Crisis homes. STAR homes are five-bed community crisis homes for clients with intellectual and developmental disabilities (IDD) and mental health conditions. These clients reside at a STAR home until they reach stabilization and can transition to an alternate living environment. Clients can stay in a STAR home for no longer than 13 months. CV STAR provides services to adolescents (12-17 years old), and adults (18 years of age and older) with developmental disabilities. Additional background about DDS’ STAR programs can be found here: DDS STAR homes.

Services shall be provided for clients residing at the following locations:

· CV STAR 1: 3334 Meadow Dr. Springville, CA 93265

· CV STAR 2: 32029 Success Valley Rd. Porterville, CA 93257

The Contractor will provide applicable forms and reports as requested by the CV STAR Program Director or designee.

II. CONTRACT PROJECT REPRESENTATIVE

1. Direct all pharmacy services, medications, and pharmaceutical supply inquiries to:

Address: 33340 Meadow Dr.

Springville, CA 93265 Address:

2. Direct all invoice inquiries to:

Address: 1215 O Street, MS 10-10 Sacramento, CA 95814 Address:

3. Direct all Agreement inquiries to:

Address: 1215 O Street, MS 10-10 Sacramento, CA 95814 Address:

Either party may provide updated contact information by giving written notice to the other party. Said changes shall not require an amendment to this Agreement.

III. LICENSING AND GENERAL REQUIREMENTS

A. The Contractor must be licensed to operate in the state of California and must maintain such license for the term of this Agreement.

B. The Contractor shall be responsible for maintaining, at their expense, pharmacist licensure from the California State Board of Pharmacy.

C. The Contractor must not be considered an excluded practitioner per the U.S. Department of Health and Human Services (DHHS) Office of Inspector General’s (OIG) List of Excluded Individuals/Entities (LEIE).

D. The Contractor must have a working knowledge of California Department of Social Services (CDSS) Title 22, the California Code Regulations (CCR), Chapter 6, Adult Residential Facility and CCR, Chapter 6.1 Community Crisis Homes.

IV. CONTRACTOR RESPONSIBILITIES

The Contractor agrees to the following:

A. Provide medications as per specified packaging requirements including drug information sheets.

B. Fill and deliver medications in a manner compliant with state and federal regulations.

C. Deliver monthly cycle prescriptions at least 48 hours prior to the stated start date.

D. Deliver medications within one business day of receiving a new prescription(s).

E. Deliver bulk supplies within 5 business days of the order date.

F. Assist with the process of obtaining medications via the local designated retail pharmacy if Contractor is unable to provide the medication due to time constraints.

G. Provide medications packaged in a manner compliant with California State Board of Pharmacy regulations. Routine tablets and capsules that can be packaged in calendar punch cards (bubble pack) need to be dispensed in those cards and per the facility’s monthly cycle.

H. Transport medications in a manner that ensures appropriate storage, as recommended by manufacturer.

I. Advise the CV STAR Program Director or designee of recalled items and accept return of recalled items.

J. Possess the appropriate resources to provide the CV STAR Program Director or designee with computer generated: recapped physician’s orders, medication administration records (MARs), accountability sheets, and various/miscellaneous reports including but not limited to anti-infective drugs, drug information/interactions and other monthly and/or quarterly management reports.

K. Provides the CV STAR Program Director or designee with computer generated: recapped physician’s orders, medication administration records (MARs), accountability sheets, and various/miscellaneous reports including but not limited to anti-infective drugs, drug information/interactions and other monthly and/or quarterly management reports.

L. Must comply with HIPAA Business Associate regulations.

M. Must have a written Quality Assurance/Improvement plan in place and provide an up-to-date copy to the CV STAR Program Director or designee annually or upon request.

N. Contractor shall be responsible for billing the client’s insurance for reimbursement of medication(s) cost.

O. When requested by the CV STAR Program Director or designee, the provider will complete a Drug Regimen Review (DRR)– a review of all medications the patient is currently using to identify any potential adverse effects and drug reactions, including ineffective drug therapy, significant side effects, significant drug interactions, duplicate drug therapy, and noncompliance with drug therapy.

P. Contractor shall provide the CV STAR Program Director or designee with an up-to-date Disaster Recovery Plan annually or upon request.

Q. Provide and deliver medications to alternate sites within the area due to an emergency response requiring evacuation from the CV STAR homes. Alternate location information will be provided by the CV STAR Program Director or designee at the time of request.

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT

For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in Exhibit B, Attachment 1 – Cost Sheet. The Proposer will be paid in arrears within 45 days of receipt of an approved invoice. The invoice shall be submitted via email and include the agreement number, detail of the tasks performed, hours and time of service, and amount due.

Invoices will be submitted via email to HQTrustOffice@dds.ca.gov

BUDGET CONTINGENCY CLAUSE

It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

PROMPT PAYMENT CLAUSE

Payment will be made in accordance with and within the time specified in Government Code section 927 et seq.

TAXES

The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. California may pay any applicable sales or use tax imposed by another state.

TRAVEL AND PER DIEM

If travel is a reimbursable item, necessary travel expenses and per diem rates must not exceed the rates specified by the Department of Personnel Administration for comparable classes of state employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

If air travel is allowed, “claims for transportation by scheduled airline shall be allowed at the lowest fare available in conformity with the regular tariffs for scheduled airlines in effect on the date the flight originated. Claims for reimbursement of higher fares or extra charges for transportation by scheduled airline may be allowed if accompanied by a full explanation stating the facts constituting the official necessity.”

EXHIBIT C–GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTC 04/2017) will be included in the contract by reference to web site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

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EXHIBIT D–SPECIAL TERMS AND CONDITIONS

1. CONTRACTOR OVERPAYMENTS

If it is determined that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) requesting in writing that Contractor refund the overpayment amount within 30 days after receipt of notice; or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment is not received within 30 days from the date of notice.

ACCOUNTING REQUIREMENTS

Contractor shall establish an accounting system using generally accepted accounting principles that will provide information for reports to the State and which will provide documentation for the fiscal activities of the organization related to this agreement. The accounting system must include adequate cost accounting procedures that will provide accurate costing for contractual amendments, and for any other costs incurred which relate to payment claimed by Contractor.

INSURANCE REQUIREMENTS

Contractor shall have and maintain throughout the entire term of this agreement or any extension thereof insurance appropriate to the work to be performed, providing coverage during any performance by the Contractor under this agreement. This insurance shall be for general liability and/or professional liability and/or any other form as may be proper in the industry in which the Contractor is performing under this agreement.

Contractor agrees that the liability insurance herein provided for shall be in effect at all times during the term of this agreement. If insurance coverage expires at any time during the term of this agreement, Contractor agrees to provide, at least 30 days before said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement or for a period of not less than one year. New Certificates of Insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to such approval. The State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event.

Certificate(s) of insurance must include the following general provisions stating:

The Contactor shall comply with all the requirements outlined in Insurance Requirements and General Provision. No payments will be made under this agreement until contractor fully complies with all requirements.

Coverage Term – Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least 10 days prior to the expiration of this insurance. Any new insurance must comply with the original terms of the Agreement.

Policy Cancellation or Termination & Notice of Non-Renewal – The Contractor is responsible to notify the State within five business days of any cancellation, non-renewal, or material change that affects required insurance coverage. Certificates of Insurance are subject to the approval of the Department of General Services (DGS) and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event the Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event, subject to the provisions of this agreement.

Premiums, Assessments and Deductibles – The Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program. DDS will not be responsible for any premiums or assessment on the policy.

Primary Clause – Any required insurance contained in this agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A_” with a financial category rating of no lower than VII. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including letter of credit may be required.

Endorsement – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor’s obligations under the Agreement.

Subcontractors – In the case of the Contractor’s utilization of subcontractors to complete the contracted scope of work, the Contractor shall include all subcontractors as insureds under the Contractor’s Insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages and limits required by Contractor.

Available Coverage/Limits – All coverage and limits available to the Contractor shall also be available and applicable to the State.

Satisfying an SIR – All insurance required by this agreement must allow the State to pay and/or act as the Contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the Contactor’s agent in satisfying any SIR is at the State’s discretion.

COMMERCIAL GENERAL LIABILITY INSURANCE

The Contractor shall maintain general liability on an occurrence form with limits not less than $1 million per occurrence for bodily injury and property damage liability combined with a $2 million annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made, or suit is brought subject to the Contractor’s limit of liability. The policy shall include the State of California, its officers, agents, employees, and servants as additional insured. The additional insured endorsement must be provided.

PROFESSIONAL LIABILITY

Insurance with a limit of no less than $1 million per occurrence and $2 million aggregate. The policy shall cover any damages caused by an error, omission, or any negligent acts. If this coverage is written on a claim made coverage form the certificate must show the policy retroactive date, which must be no later than date of agreement execution or the date work under the Agreement begins.

Automobile Liability Contractor shall maintain motor vehicle liability with limits not less than $1 million combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-hired motor vehicles. Should the scope of the Agreement involve transportation of hazardous materials, evidence of an MCS-90 endorsement or its equivalent is required. The policy must name the State of California, its officers, agents, employees and servants as additional insured, but only in respect to work performed under the Agreement. If contractor will not have any commercially owned vehicles used during the life of this agreement, by signing this agreement, the Contractor certifies that the Contractor and any employees, subcontractors, or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.

Malpractice Insurance Requirements The Contractor must maintain legal malpractice insurance in an amount not less than $1 million per occurrence; and agree that the legal malpractice insurance herein provided for shall be in effect at all times during the term of this agreement.

WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY

The Contractor shall maintain statutory workers’ compensation insurance issued and shall furnish to DDS a certificate of insurance evidencing workers’ compensation insurance and employer’s liability for all its employees who will be engaged in the performance of the Agreement. In addition, employer’s liability limits of $1 million are required. By signing this agreement, the Contractor acknowledges compliance with these regulations. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California, Department of Developmental Services must be attached to the certificate.

SUBCONTRACTING

Nothing contained in this agreement or otherwise shall create any contractual relationship between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor.