DDS_24-01_RFP_HD249094.pdf

NANCY BARGMANN

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

REQUEST FOR PROPOSAL (Secondary) HD249094

LANGUAGE AND COMMUNICATION ASSESSMENT TOOL AND ASSESSOR TRAINING

Notice to Prospective Proposers

July 9, 2024

You are invited to review and respond to the Department of Developmental Services (DDS) Request for Proposal (RFP) HD249094, entitled “Language and Communication Assessment Tool and Assessor Training.” By submitting a proposal, the Proposing firm agrees to the terms and conditions stated in this RFP.

In submitting a proposal, Proposers agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in the rejection of a proposal. By submitting a response, Proposers agree to the terms and conditions stated in this solicitation and any resulting agreement.

All agreements entered into with the State of California will include, by reference, the state’s General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language#@ViewBag.JumpTo.

This solicitation is published online at the California State Contracts Register (CSCR) Cal eProcure web site at: https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, and answers to any questions posed, Proposers must register online at https://caleprocure.ca.gov/pages/. If a Proposer does not have Internet access, a hard copy can be obtained by contacting the person listed below.

In accordance with the California Government Code and Americans with Disabilities Act (ADA) requirements, this RFP can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation.

In the opinion of the DDS, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please contact:

Lisette Fowler Contract Analyst

Lisette.Fowler@dds.ca.gov

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

Department of Developmental Services

RFP HD249094

The Disabled Veteran Business Enterprise (DVBE) participation requirement is exempt for this RFP. However, DVBE participation is highly encouraged through the use of a DVBE incentive.

TABLE OF CONTENTS

NOTICE TO PROPSECTIVE PROPOSERS 1

I. PURPOSE 6

II. BACKGROUND 6

III. TERM OF AGREEMENT 6

IV. AUTHORIZATION TO DO BUSINESS 7

V. MINIMUM QUALIFICATION 7

VI. KEY ACTION DATES 8

VII. QUESTIONS 9

VIII. ADDENDA 9

IX. COST PROPOSAL 9

X. REQUIRED FORMAT OF PROPOSAL 10

XI. REQUIRED CONTENT OF TECHNICAL PROPOSAL 11

XII. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS 17

XIII. COST PROPOSAL 17

XIV. PROPOSAL SUBMITTAL 17

XV. EVALUATION PROCESS 19

XVI. DISPOSITION OF PROPOSALS 21

XVII. INTENT TO AWARD AND PROTEST PROCEDURES 21

XVIII. TAX DELIQUENCY DISCLAIMER 22

XIX. PREFERENCE/INCENTIVE PROGRAMS 22

XX. DARFUR CONTRACTING ACT CERTIFICATION 25

XXI. LOSS LEADER LANGUAGE 25

XXII. EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS - RFP 26

EXHIBIT A SCOPE OF WORK 27

EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 28

I. INVOICING AND PAYMENT 28

II. BUDGET CONTINGENCY CLAUSE 28

III. PROMPT PAYMENT CLAUSE 28

IV. TAXES 28

V. TRAVEL AND PER DIEM 28

VI. PAYMENT WITHHOLD FOR SEPARATE AND DISTINCT TASKS 29

EXHIBIT C GENERAL TERMS AND CONDITIONS 30

EXHIBIT D SPECIAL TERMS AND CONDITIONS 31

I. CONTRACTOR OVERPAYMENT 31

II. ACCOUNTING REQUIREMENTS 31

III. SERVICE STANDARDS 31

IV. AGREEMENT TITLES STATEMENT 31

V. LIMITATION OF STATE LIABILITY 31

VI. LICENSE AND PERMTS 31

VII. PROHIBITION OF TAX DELIQUENTS FROM CONTRACTING 32

VIII. INSURANCE REQUIREMENTS 32

IX. COMMERCIAL GENERAL LIABILITY INSURANCE 32

X. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY 33

XI. PROFESSIONAL LIABILITY 33

XII. SUBCONTRACTING 35

XIII.

PERFORMANCE AND EVALUATION PROVISIONS APPROVAL OF

PERFORMANCE 35

XIV.

CONTRACTOR RESOURCE LEVELS, REPORTING REQUIREMENTS,

STANDARDS 35

XV. COOPERATION WITH THE STATE, OTHER CONTRACTORS 35

XVI. PROTECTION OF STATE PROPERTY 36

XVII. MANAGEMENT RESPONSIBILITIES 36

XVIII. OWNERSHIP OF PROPERTY 36

XIX. WEAPONS 37

XX. FEDERAL HEALTH CARE PROGRAMS EXCLUSION CERTIFICATION 37

XXI. DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) PARTICIPATION

REPORTING 37

XXII. SUBSTITUTION OF DISABLED VETERAN BUSINESS ENTERPRISE

(DVBE) SUBCONTRACTORS 38

XXIII. NOTIFICATION OF PERSONNEL CHANGES 38

XXIV. CLIENT CONFIDENTIALITY 38

XXV. FOLLOW-0N AGREEMENTS 39

XXVI. SOFTWARE CERTIFICATION 39

XXVII. CONFIDENTIALITY OF DATA 39

XXVIII. EXECUTIVE ORDER N-6-22 - RUSSIAN SANCTIONS - AGREEMENT 40

XXIX. GENAI TECHNOLOGY USE AND REPORTING 40

EXHIBIT E ADDITIONAL TERMS AND CONDITIONS 41

I. RIGHT TO TERMINATE 41

II. RESOLUTION OF AGREEMENT DISPUTES 41

III. NOTICE OF TERMINATION OF AGREEMENT 42

IV. PROCEDURES FOR TERMINATION OF AGREEMENT 42

V. LIABILITY FOR LOSS AND DAMAGE 42

VI. DISABLED VETERANS BUSINESS ENTERPRISES (DVBE) 42

VII. HIRING CONSIDERATIONS 42

VIII. WORKERS' COMPENSATION 43

IX. PROGRESS REPORTS 43

X. POTENTIAL SUBCONTACTORS 43

XI.

PRIME CONTRACTOR'S CERTIFICATION - DVBE SUBCONTRACTING

REPORT 43

XII. CONTRACTOR EVALUATION (3/06) 44

XIII. STAFF REPLACEMENTS 44

XIV. FOLLOW-ON CONTRACTS 44

XV. GENAI REPORTING NOTIFICATION 44

XVI. FINANCIAL DISCLOSURE 45

XVII. CONTRACTING RESTRICTIONS 45

XVIII. EVALUATION OF CONTRACTOR 45

EXHIBIT F SEXUAL HARASSMENT PREVENTION POLICY 46

EXHIBIT G

STATEMENT OF ASSURANCES FOR PROTECTION OF PROTECTED

HEALTH INFORMATION (HIPAA) 55

EXHIBIT H RESUMES 71

APPENDIX 1 REQUIRED AND CONDITIONAL ATTACHMENTS 72

APPENDIX 2 EVALUATION CRITERIA 87

I. PURPOSE

The Department of Developmental Services (DDS) requires a language and communication assessment tool designed to identify communication skills such as American Sign Language (ASL), used within the home with family or support providers.

This tool shall also identify communication abilities demonstrated by consumers of the Regional Centers (RC) that are deaf, hard-of-hearing (DHH) consumers with intellectual and developmental disabilities (IDD). The assessment tool shall include a recommendations checklist that outlines appropriate, necessary accessibility features within the home environment and in on-site programs and shall provide continual support to ensure consumers receive tailored communication tools for optimal growth and development.

Subsequent to the creation of this assessment tool, comprehensive guidelines for assessor training will be established. These guidelines will encompass the administration, scoring, and interpretation of the assessment results. The Contractor will prepare and provide assessor training on utilizing the tools.

The Contractor will develop a tool to identify language and communication abilities in receptive and expressive modes. The assessment will: a) analyze receptive and expressive skills; b) document the communication matrix, ASL stages of development, and home signs; and, c) classify visual communication styles consumers use in their most natural settings. The assessment tool will be equipped with digital features and visual prompts, aiding in evaluating the comprehension levels of consumers.

II. BACKGROUND

Regional centers comprise a statewide network of 21 community-based, nonprofit entities.

Regional centers provide assessments, determine eligibility for services, and offer case management services for Californians with IDD. The regional centers also develop, purchase, and coordinate services to Californians with IDD in specific geographic areas.

Additional information can be found here: https://www.dds.ca.gov/rc/

A map of the regional center locations may be found here: https://www.dds.ca.gov/wp-content/uploads/2019/09/DDS_RCMap.pdf

III. TERM OF AGREEMENT

The term of the agreement is October 1, 2024, through September 30, 2025, with a one-year option to renew, to be exercised at DDS discretion.

The rates in Attachment 3, Cost Proposal Worksheet will not increase because of any amendment to this agreement. This agreement may be terminated by DDS with 30 days’ written notice to the Contractor.

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 for any reason is not approved, all previous work performed by the Contractor is considered donated to DDS and no payment shall be made for that work.

IV. AUTHORIZATION TO DO BUSINESS

All Proposers must be authorized to do business in California. If a Proposer is a sole proprietorship or partnership, the Proposer should furnish with its proposal a copy of a current business license issued in California. If the Proposer is a corporation, it must be approved by the California Secretary of State to do business in California as shown by it having an “ACTIVE” status listed on the California Secretary of State website https://bizfileonline.sos.ca.gov/search/business as of the date of submission of the proposal.

The Proposer shall provide the corporate number issued by the Secretary of State with its proposal.

V. MINIMUM QUALIFICATIONS

To be considered responsive, proposers must meet all of the following Minimum Qualifications and submit the required Attachments and any documents (e.g., resumes, executive summary) that clearly explain and substantiate how the particular Minimum Qualification is met. A responsive proposal is one that meets or exceeds all the requirements stated in this RFP. Any proposal that does not meet the Minimum Qualifications and does not submit the required documents may be considered nonresponsive and may be disqualified. Failure to satisfy any of these qualifications and requirements upon submittal of the proposal will result in the rejection of the proposal.

The Proposer responding to this RFP must serve as the Prime Contractor and therefore must meet the Minimum Qualifications for Proposers as stated in this section. The Prime Contractor must have the experience and qualifications to provide oversight to all proposed subcontractors and review and approve work products created by all proposed subcontractors.

The proposer must demonstrate experience in the following:

A. Minimum five (5) years’ experience in project management, data collection, reporting, and evaluation.

B. Fluent in ASL

The Proposer’s response must identify staff and subcontractor staff that it proposes to use as part of its agreement and how they meet the minimum qualifications.

The Proposer must employ:

A. Staff or consultants with expertise in the development of an assessment tool tailored towards deaf individuals with IDD, with various communication modalities.

B. Professionals tasked with quality assurance of all written material produced for DDS (e.g., reviewing reports for content accuracy, grammar, messaging, and appropriateness of content for intended audience).

The Proposer must provide:

A. Resumes for each professional staff member and subcontractor.

VI. KEY ACTION DATES

All Proposers are hereby advised of the following schedule and shall adhere to the required dates and times.

ACTION Date

Request for Proposal Released July 9, 2024

Questions Due July 19, 2024, by 1:00 PM PT

DDS Response Posted July 26, 2024, by 5:00 PM PT

Proposals Due August 16, 2024, by 3:00 PM PT

Proposal Review* August 19-22, 2024

Presentations August 22-30, 2024

Five-day posting period of Intent to Award

September 9, 2024

Agreement Start Date October 1, 2024

*The Proposal Review time frame may be lengthened if TACPA Preference is requested.

It is the responsibility of the Proposer to ensure that their proposal is in the possession of the DDS Contracts Unit by August 16, 2024 at 3:00 PM PT. All dates after proposal submission are approximate and may be adjusted as conditions arise, without addendum to this RFP.

* RFP is available to prospective Proposers via the eProcurement System webpage (formerly the California State Contracts Register) at https://caleprocure.ca.gov/pages/index.aspx. Proposers must register with Cal eProcure to receive addenda that may be issued, for submittal of questions, and to receive answers.

VII. QUESTIONS

A. Proposers requiring clarification of the intent or content relating to RFP HD249094

Language and Communication Assessment Tool and Assessor Training or procedural matters regarding the competitive proposal process, may request clarification by submitting questions via email to Lisette.Fowler@dds.ca.gov. To ensure a response, questions must be received in writing by the scheduled date(s) given in Article Vl. Key Action Dates. Inquiries received after the question submittal deadline will only be addressed at DDS’ discretion. ALL QUESTIONS MUST BE

SUBMITTED IN WRITING.

B. On July 19, 2024, all questions and their responses will be transmitted to Proposers by way of an addendum. The source of each question will not be indicated. Proposers should notify Contract Analyst immediately if they need clarification about the services being sought or have questions about the RFP. Note: it is the responsibility of the Proposer to check Cal eProcure for questions and/or changes within the RFP as all questions, answers, and addenda will be posted. DDS will not be held responsible for inaccurate proposals due to proposer’s oversight in reviewing any and all information via Cal eProcure.

C. The subject line of the email will read, RFP HD249094 Language and Communication

Assessment Tool and Assessor Training Questions – Company Name.

D. DDS may paraphrase questions at its sole discretion for clarity.

VIII. ADDENDA

The DDS may modify RFP HD249094 Language and Communication Assessment Tool and Assessor Training prior to the Intent to Award date, by the issuance of an addendum. Any modifications to the RFP will be provided in writing, via a formal addendum, and posted on the Cal eProcure website. All Proposers registered in Cal eProcure will have access to view and download the addendum. Addenda will be numbered consecutively.

IX. COST PROPOSAL

Use the sample Cost Proposal Worksheet, Attachment 3, as a guide in preparing your cost proposal and submit in Microsoft Excel.

X. REQUIRED FORMAT OF PROPOSALS

A. To compare and evaluate proposals objectively, all proposals must be submitted in accordance with the format below. Failure to comply with the format set forth herein may result in rejection of the RFP response. In your proposal, please respond to each task by repeating the task prompt at the top of the section and referring to the task numbers used in this RFP. Proposals are to be submitted in 8 1/2” x 11” size, typed in a font size no less than 12 and submitted in paper form, single-sided, bound with a simple method of fastening.

B. The Proposer must submit an original proposal labeled “MASTER PROPOSAL”, and one (1) nonbounded copy of the proposal without tabs/dividers which is suitable for easy scanning. Proposals not submitted in a sealed envelope may be rejected.

The original proposal must be marked "MASTER PROPOSAL." If discrepancies are found between two or more copies of the proposal, the “MASTER PROPOSAL” will prevail over all others.

C. If discrepancies between sections or other errors are found in the “MASTER PROPOSAL,” the State may reject the proposal. However, if not so rejected, the “MASTER PROPOSAL” will provide the basis for resolving such discrepancies. No erasures shall be permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by the person signing the proposal.

D. Lengthy narrative is discouraged; proposals should be brief and concise and not include extraneous or unnecessarily elaborate promotional material. Sections should be separated by labeled tabs and organized in accordance with subject matter sequence as set forth below. Each page of the Proposal must be numbered in a manner to be uniquely identified. Proposals must be clear, concise, and well organized. Proposers should use the following outline in organizing the contents of their proposals. (See Article Xl. Required Content of Technical Proposal for details.)

Cover Letter Table of Contents Executive Summary Minimum Qualifications Statement Narrative Timeline and Deliverables Scope of Project Required Attachments and Conditional Documents Cost Proposal

E. Costs for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the Proposer and shall not be charged to the State of California.

XI. REQUIRED CONTENT OF TECHNICAL PROPOSAL

Each proposer must submit a Technical Proposal that contains all the required items listed below in the order they appear.

A. Cover Letter must be on the Proposer’s letterhead. The cover letter must include a statement agreeing to the requirements of the RFP. If the Proposer is a Certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE), as described on Internet web site https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program, it shall be indicated on the proposal cover letter.

Submit a copy of a current Office of Small Business and DVBE Services (OSDS) certification approval letter or have a completed application on file with the State OSDS by 1:00 p.m. on the deadline for submission of proposal, and be verifiable by that office as an approvable application. The Proposer should not include any limiting statements in the cover letter that would preclude the Proposal from being held as an irrevocable offer until the anticipated agreement start date of October 1, 2024.

The cover letter must be signed by the prospective Proposer. It may be signed by an authorized agent of the Proposer only if the agent is properly authorized by a power of attorney or equivalent document. Such authorization must be submitted with the Proposal. The name of the individual signing the proposal must be typed immediately below the signature.

B. Table of Contents that includes a listing of any attachments, samples, and appendices.

The table of contents must display appropriate page numbers for each item listed.

C. Executive Summary of no more than four (4) pages that summarizes the following:

1. How and when the Proposer intends to implement these strategies (provide a timeline)

2. The Proposer’s and any subcontractor’s capabilities

3. Titles, qualifications, and number of staff and subcontractors that will be used

4. A plan of how the Proposer will integrate the work described in the RFP with current activities

D. Minimum Qualification Statement that includes a brief explanation of how the Contractor’s personnel meet the qualifications outlined in Article V. Minimum Qualifications.

E. Narrative Timeline and Deliverables

Proposer will provide a narrative timeline of all tasks and subtasks for each section that outlines, for all fiscal years and parts thereof, both by task and subtask and chronology for each activity to be performed for the entire agreement term. The schedule and timeline must list all tasks, subtasks, activities, and deliverables to be performed in each fiscal year, or part thereof, as set forth in Item F., Scope of Project. The chronological schedule and timeline must include proposed task/subtask initiation dates, completion dates, effort required, dependencies between deliverables and activities, and person(s) assigned, for each fiscal year covered under the proposed agreement, or part thereof.

The schedule and timeline will also serve as a monitoring document to ensure timely completion of tasks as proposed by the successful bidder.

F. Scope of Project

The Proposer must detail the performance of all tasks described herein. Any deviation from the tasks described in Article XI Required Content of Technical Proposal, item F.

Scope of Project will not be considered and will cause a proposal to be rejected. This RFP seeks proposals addressing the following sections:

Section 1 – Coordination and Communications with the DDS

This section of the Technical Proposal must acknowledge the Proposer’s commitment to completing all the requirements specified below and must provide a description of the approach and methodology by which the Proposer will accomplish all the associated subsections and activities. The Technical Proposal must contain sufficient detail to convey the Proposer’s knowledge of the subjects and skills necessary to successfully complete the Project as stated in section 1.

The successful proposer shall coordinate communications with the DDS during the entire agreement period. The successful Proposer shall provide timely and accurate communication and coordination with DDS staff and other board, bureau, and program staff; attend and provide minutes for required meetings. The Proposer’s proposal must include the following information to address section 1 activities which include the following subtasks. The section 1 activities include, but are not limited to, the following subsections.

1.1 Orientation Meeting

The Technical Proposal must include a detailed plan for conducting an orientation meeting that will occur within the first two weeks of the commencement of this agreement. The Technical Proposal must ensure that all key personnel of the prime contractor and any subcontractor(s) including the management team (Project Manager, Fiscal Manager, and any other key personnel), and significant subcontractors will meet in person with DDS for up to two hours, at a location that is TBD by DDS.

The Technical Proposal must acknowledge and ensure that during the orientation meeting, the successful proposer will review each section and subsection(s), the detailed narrative schedule and timeline (See section 3.1) and staffing regarding the proposed method(s) for implementation of the Agreement as contained in the proposer’s Technical Proposal. The successful proposer must develop the meeting agenda in coordination with the DDS, take minutes, and, within five working days after the meeting, submit the meeting minutes to the DDS by email for review and approval.

The orientation meeting must address all sections, including timelines, questions, and concerns about the implementation of the contract. DDS will not reimburse for any travel cost.

1.2 Management Meetings

The Technical Proposal must include a plan to hold quarterly management meetings between the DDS and the successful proposer’s Project Manager to review and discuss section implementation and status. The Technical Proposal must acknowledge and ensure that the successful proposer’s key personnel, including staff and any proposed subcontractors, will be present and must attend, at the request of the DDS, the meetings as appropriate to the section. The meetings may be held either in person at the DDS headquarters in Sacramento, California, other agreed upon location, or may be conducted via teleconference at DDS request. The successful proposer must develop the meeting agenda in coordination with the DDS, take minutes, and, within five working days after the meeting, submit the meeting minutes to the DDS by email for review and approval. The agenda must include but is not limited to the status of all pending activities along with deadline, status, issue(s), and person(s) assigned to each activity.

DDS will not reimburse for travel costs.

Section 2 – Experience, Expertise, and Staffing

Proposers will provide a narrative description of how their experience indicates expertise necessary to develop a competence-based assessment tool and training for assessors.

Proposers will include the following items in their response:

1. Demonstrate fluency in ASL.

2. Demonstrate how proposer will incorporate various communication styles in expressive and receptive levels of sign language with technical skills to classify different levels of fluency with respect to cultural consideration.

3. Demonstrate the ability to provide training for assessors in ASL.

4. Demonstrate how the Proposer will incorporate strategies to assess for minimal language communication skills, with the support of visual aids and cultural considerations.

5. Demonstrate that the Proposer possesses knowledge and expertise in accessibility features required for homes and that programs meet accommodations standards for deaf individuals according to state and federal laws.

6. Demonstrate that the Proposer intends to provide testing and certification of the competencies assessors are required to maintain throughout the Agreement.

7. Demonstrate how the Proposer possesses knowledge and experience in the field of Linguistics of ASL and in Special Education with a concentration in Deaf Studies.

8. Demonstrate the ability to hire and retain qualified subject matter experts, personnel, and subcontractors with a background in Special Education with a specialization in Deaf Education.

Section 3 – Assessment Tool Specifications

Proposers will provide a narrative description of how the language, communication, and spatial assessment tool, hereinafter referred to as assessment tool, shall benefit consumers who are DHH and have IDD. Proposers will include the following items in their response:

1. Assessment Tool Standards

a) Identify specific strategies to design assessment standards and to classify the fluency and knowledge of atypical language users in trends of deaf individuals with IDD.

2. Assessment Tool Requirements

The assessment tool shall:

a) Focus on expressive and receptive language skills and communication abilities document observations in each category.

b) Include the consumer’s hearing level diagnosis and observations directly related to language skills and communication abilities, with a description of the interactions by which the assessor arrived at effective communication with the consumer.

c) Include examples used in, but not limited to, Obler & Albert: Action Naming Test

(ANT), Communication Matrix, and the Standardized Visual Communication and Sign Language (VCSL) Checklist.

Proposer will demonstrate how the assessment tool will test the following areas in expressive and receptive language skills and communication abilities and the Proposer will determine functional proficiency based on the number of signs or visual prompts in categories designed by the Proposer for consumers with linguistic backgrounds and IDD communication styles.

The assessment tool shall evaluate consumers’ skills in each of these areas:

a) In ASL, which uses a system of manual communication and body language to convey messages in appropriate handshapes, placement, and grammar, following the rules of ASL.

b) In a mixture of ASL and signed English and the extent of vocabulary usage by a number scale determined during development.

c) In modified ASL, wherein a mutual understanding is reached over hand and body motions.

d) In other heritage languages such as, but not limited to, Mexican Sign

Language/Spanish, El Salvadorian Sign Language/Spanish, Honduran Sign Language/Spanish.

e) In Visual Gestural Communication (VGC), which uses gestures, facial expressions, and body language. This category can also be identified if home signs have been created among staff and housemates.

f) In how consumers communicate through Picture Exchange Communication

System (PECS).

g) In use of picture board

h) When a consumer has indicated no response.

3. Additional Assessment Tool Requirements:

a) The assessment tool will be delivered digitally with the ability to store and submit results electronically.

b) The assessment test shall take 45–60 minutes in length. For consumers with complex medical or behavioral challenges, the tool be offered in increments to ensure adequate time for assessment.

4. Assessment Tool Administration, Scoring, and Interpretation

a) Proposer will demonstrate effective administration, scoring, and interpretation of the assessment results and how the results will be utilized by Regional Center staff.

Section 4 – Recommendations List

Proposer will provide recommendations on assistive technology and modifications needed to ensure an accessible living environment. Examples of assistive technology include but are not limited to:

1. Doorbell flasher

2. Alerting device for bedrooms

3. Videophones for communication

4. Emergency devices for fire/carbon monoxide detectors

5. Augmentative and Alternative Communication (AAC) devices

6. Captioned telephone

7. Interpreters

8. Virtual Remote Interpreting (VRI) services on demand

9. ASL support classes

10. Pictorial or object choice boards

Section 5 – Assessor Training Guidelines

Proposer will demonstrate how they will develop a training and scoring tool for assessors to use the assessment tool. Assessor training will assist with administering the assessment tool and scoring raters, focusing on evaluating consumers who are DHH and have IDD, to identify their maximum potential in demonstrating their linguistic abilities.

1. Proposer must address the following in the assessor training:

a) The skills, expertise, and requirements to become a qualified rater.

b) The level of fluency required in ASL to be able to change register to meet those consumers with low to high levels of functional language fluency.

c) A standardized rating scale involving expressive and receptive language and communication categories that are documented accurately.

d) Techniques used to probe consumers with functional, unique language and communication skills, and abilities.

e) Training which utilizes the most advanced technology resources.

f) Guidelines on how to document observations to sustain language and communication skills and ability variations among consumers.

XII. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

Proposers must include each item listed in the Appendix – 1 REQUIRED ATTACHMENTS proposals shall include the following required attachments:

A. Attachment 1– Required Attachment Checklist B. Attachment 2 – Proposal/Proposer Certification Sheet C. Attachment 3 – Cost Proposal Worksheet (Submitted in Excel) D. Attachment 4 – Proposer References E. Attachment 5 – Payee Data Record (STD 204) and Payee Record Supplement (STD

205) (if applicable).

F. Attachment 6 – Contractor Certification Clauses (CCC 04/2017) G. Attachment 7 – Bidder Declaration (GSPD-05-105) H. Attachment 8 – Insurance Acknowledgement I. Attachment 9 – Statement of Assurances for Protection of Protected Health (HIPAA)

Acknowledgement J. Attachment 10 – Proposal Incentives and Preferences Certification K. Attachment 11 – Proposer Point of Contact L. Attachment 12 – GenAI Reporting and Factsheet (STD 1000)

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

A. Attachment 13 – Copy of California Certified Small Business (SB/Microbusiness (MB) Certification

B. Attachment 14 – Target Area Contract Preference Act (TACPA) (STD 830) and Bidder’s Summary (DGS PD 526)

C. Attachment 15 – Bidder’s Summary of Contracting Activities and Labor Hours (DGS PD 526)

D. Attachment 16 – California Disabled Veteran Business Enterprises (DVBE) Declaration Form (STD 843)

E. Attachment 17 – Darfur Contracting Act Certification (DGS PD1) F. Attachment 18 – Iran Contracting Act G. Attachment 19 – California Civil Rights Law Certification H. Attachment 20 – California Secretary of State Certification of Status

All attachments and documents that are not linked in this section, can be found in Appendix 1.

XIII. COST PROPOSAL

See Appendix 1, Attachment 3, Cost Proposal.

XIV. PROPOSAL SUBMITTAL

A. All proposals must be received in the DDS Contracts Unit by 3:00 PM PT, August 16, 2024. Proposals not received by the date and time specified will be rejected.

B. Incomplete or late proposals will not be considered. DDS reserves the right to refuse all proposals.

C. All copies of proposals must be sealed in an envelope, clearly labeled “RFP HD249094 Language and Communication Assessment Tool and Assessor Training, Attention: Contract Analyst – DO NOT OPEN.” and your firm’s name and address.

Proposers must include one original hard copy of the Proposal and one additional electronic copy of the Proposal on a USB thumb drive (flash drive) with their submission. Mail or deliver proposals under sealed cover to:

Attention: Lisette Fowler and Roberta Kline

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

D. All documents in the Proposal shall be in Microsoft Word or portable document format (PDF), except for the Cost Proposal, which shall be in Microsoft Excel.

Neither the postmark on the proposal envelope nor receipt in the DDS mail room constitutes timely delivery. Any proposal received in the Contracts Unit after the date and time specified in Article V.1., Key Action Dates will not be considered. It is the State’s policy to make every effort to ensure that all proposals have been received and properly timestamped; however, Proposers are ultimately responsible for ensuring timely receipt of their proposal. Proposers may verify receipt of their proposal by contacting the person identified in the cover letter of this RFP. Receipt confirmations only confirm receipt of emails and do not assess proposers’ responsiveness to the RFP requirements in the email content or in any attachments therein.

E. A proposal 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 proposals and may waive an immaterial deviation in a proposal. The State’s waiving of an immaterial deviation shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the Agreement.

F. The Proposer may modify a proposal after its submission by withdrawing the original proposal and resubmitting a new proposal prior to the proposal submission deadline.

Proposal modifications offered in any other manner, oral or written, will not be considered.

G. The Proposer may withdraw a proposal by submitting a written withdrawal request to

DDS, signed by the Proposer. The Proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

H. DDS may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum on the Cal eProcure website.

I. DDS reserves the right to reject all proposals.

J. Costs for developing proposals and in anticipation of award of the agreement is entirely the responsibility of the Proposer and shall not be charged to the State of California.

K. Proposers are cautioned to not rely on DDS during the evaluation to discover and report to the Proposer any defects and errors in the submitted documents. Before submitting their documents, Proposers should carefully proof them for errors and adherence to the RFP requirements. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered.

Reasonable grounds for believing that any Proposer has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that Proposer. If there is reason for believing that collusion exists among the Proposers, none of the participants involved will be considered in this or future procurements.

XV. EVALUATION PROCESS

Upon opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP. DDS will put each proposal through a process of evaluation to determine its responsiveness to DDS needs. Proposals that contain false or misleading statements, which do not support an attribute or condition claimed by the Proposer, may be rejected. If, in the opinion of DDS, such information was intended to mislead DDS in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal. Those proposals meeting the RFP requirements will undergo a two-phase evaluation process. A committee made up of DDS-selected representatives (herein after referred to as the Evaluation Committee) will evaluate the proposals and, through consensus, will arrive at a single score for each of the evaluation criteria.

First Phase Evaluation – Intake and Compliance Review (Pass/Fail)

A pass/fail evaluation will be completed for each proposal by DDS staff. To pass this Phase I review, each Proposer must include the required items listed in Articles X., Required Format of Proposals. Xl Required Content of Technical Proposal, and XIl. Required Attachments and Documents. Any material deviation from the RFP required attachments or documents may result in a fail score and the proposal will not be evaluated for Phase II.

Proposers who pass Phase I by meeting this standard shall qualify to move on to Phase II.

Second Phase Evaluation – Proposal Evaluation (Total Possible Score 380 Points)

All proposals passing Phase I will be submitted to the Phase II Evaluation Committee. The Phase II Evaluation Committee of not more than five (5) members will be comprised of representatives from DDS. The Evaluation Committee will conduct the evaluation of the proposals and the accompanying literature. The Evaluation Committee will evaluate each proposals using the evaluation criteria in Appendix 2.

Third Phase Presentation – Presentation of Proposal (Total Possible Score 50 Points)

All proposals passing Phase I and Phase II will be required to present their proposal to the Evaluation Committee. The Evaluation committee that served as panel members in Phase

II.

The Evaluation Committee will evaluate each of the Proposer based on the following proposal presentation requirements:

1. Proposers will provide a brief narrative summary of the Proposer’s qualifications and experience in the field of Linguistics of ASL and Special Education with a concentration in Deaf Studies.

2. Proposers will provide a brief narrative summary of the proposal, including:

a) the overall approach to developing performance standards for atypical language users

b) the overall approach to designing and delivering training on performing the assessment tool

c) the draft workplan and the specific strategies that will be used to implement training and criteria of assessors

3. Provide a brief narrative summary of the knowledge of current testing materials available, strategies to modernize with technical advances, and outcomes of similar projects the Proposer has implemented, including major obstacles, and they were resolved.

Proposer may use visual aids or any other form of communication to present their proposals.

Final Selection and Award Process

An agreement will be awarded to the Proposer who accumulates the highest final score.

The DDS reserves the right to reject all proposals and to waive informalities and minor irregularities in proposals received. In the event of a tie in the highest final score, a tiebreaker will be decided by a coin toss observed by witnesses. Affected Proposers will be invited to witness the coin toss. In the event of a precise tie of the final score of a certified SB or microbusiness and the final score of a certified DVBE, the Agreement must be awarded to the DVBE. [Government Code § 14838 (f)]

XVI. DISPOSITION OF PROPOSALS

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code section 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents.

However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a Proposer’s proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted. Should a proposer desire to keep any or all components of their response to this RFP confidential, the Proposer would need to obtain a protective order from a court of competent jurisdiction.

XVII. INTENT TO AWARD AND PROTEST PROCEDURES

A “Notice of Intent to Award” to the proposed Contractor will be posted in the DDS Allenby Building Lobby at 1215 O Street, Sacramento, CA 95814, and on Cal eProcure five (5) working days prior to awarding the Agreement. After the five (5) day notice has been completed, the proposed awardee will be formally notified by email.

If prior to the formal award, any proposer files a protest with the DGS against the awarding of the Agreement, the Agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Within five (5) days after filing the protest, the protesting proposer shall file with the DGS, a full and complete written statement on the grounds that the (protesting) proposer would have been awarded the contract had DDS correctly applied the evaluation standards in the RFP, or if DDS followed the evaluation and scoring methods in the RFP.

Protests may be sent to DGS by regular mail, email, courier, or personal delivery.

Protestants should include their email address if they have one and advise the DGS Bid Protest Coordinator if they will accept service of documents pertaining to the protest via email.

Protests should be submitted to both of the following:

Department of General Services (DGS) Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

Department of Developmental Services Contracts Unit Attention: Lisette Fowler 1215 O Street, MS 10-10 Sacramento, CA 95814 Email: Lisette.Fowler@DDS.ca.gov

XVIII. TAX DELINQUENCY DISCLAIMER

Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, the DDS shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

FTB:https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

XIX. PREFERENCE/INCENTIVE PROGRAMS

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

A Small Business (SB)/Microbusiness (MB) and/or a Disabled Veteran Business Enterprise (DVBE) must have current and valid certification through DGS, Office of Small Business and Disabled Veteran Business Enterprise Certification Services (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 Proposal 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

DDS is awarding this agreement using the RFP Secondary Method and is therefore awarding to the highest scoring proposal. The examples listed below represent an example of how Small Business Preference and Disabled Veteran Business Enterprise incentive is applied to the lowest cost proposal. For DDS purposes, the SB preference and DVBE incentive will be applied to the proposals in which the preference and/or incentive is applicable and based upon the highest scoring proposal rather than the lowest cost.

Small Business Preference:

In accordance with Government Code section 14838.5, et seq. and California Code of Regulations, title 2, section 1896, et seq., a five (5) percent preference will be granted to proposers properly certified as a California Small Business (SB), Microbusiness (MB), or Non-Small Business (NSB) with a Small Business subcontracting for a minimum of 25 percent of the proposal amount. A five (5) percent preference will be granted to proposers certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code section 999.50. Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Certification by 5:00 p.m. on proposal opening day. The preference adjustment for awards based on low price cannot exceed $50,000.00.

Disabled Veteran Business Enterprise Program and Incentive:

DDS hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this RFP. An incentive for proposers who include DVBE participation is available and encouraged for this RFP. For evaluation purposes only, the State shall apply an incentive to proposals that include California certified DVBE participation and confirmed by the DDS/MBC. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

The net proposal score of responsive proposals with DVBE participation will be increased by the amount of DVBE incentive as applied to the highest responsive proposal score. If the #1 ranked, responsive, responsible proposal is a California certified small business, the only proposers eligible for the incentive will be other California certified small businesses.

Information submitted by the proposer to claim the DVBE incentive will be verified by DDS.

Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this RFP may be used to qualify the proposer for a DVBE incentive. All DVBE proposers and their proposed subcontractors must submit a copy of the Declarations Form (Std. 843).

https://www.dgs.ca.gov/PD/Forms?search=843&topicCategoryFilters=&audienceCategoryF ilters=&sort=relevance&activeFilters=&page=1

DVBE Incentive Participation DVBE Incentive

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

Calculation of Multiple Preferences:

In the event that proposers qualify for the SB preference and/or the DVBE incentive, the SB preference shall be calculated first. In circumstances where the DDS will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (f), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB proposer is the apparent highest scoring proposer unless another SB proposer is also a DVBE or has subcontracted with DVBE firms.

Note: in accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

Target Area Contract Preference Act:

Additional preference programs exist and may be applicable, specifically the Target Area Contract Preference Act (TACPA). For information regarding these programs please see the following website: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement- Division-Services-List-Folder/Request-a-Target-Area-Contract-Preference

Additional Small Business and Disabled Veteran Enterprise Information:

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the proposal or offer may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section 10115.10 or Public Contract Code section 4110 (applies to public works only). Contractor must immediately notify the DDS’s SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

This solicitation does not include a minimum DVBE participation percentage or goal.

Failure of Contractor to adhere to the certification requirements of Military and Veterans Code section 999.5, subdivision (d) may be used as evidence of the proposer’s nonresponsibility in future solicitations.

Commercially Useful Function (CUF) Disclaimer:

Each certified SB/MB or DVBE must perform a commercially useful function. Proposers who are found to not be performing a CUF will have their proposals deemed non-responsive. A SB/MB or DVBE is deemed to perform a commercially useful function when the business does all of the following:

i. Is responsible for the execution of a distinct element of the work of the Agreement.

ii. Carries out its obligation by actually performing, managing, or supervising the work involved.

iii. Performs work that is normal for its business services and functions.

iv. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

v. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

XX. DARFUR CONTRACTING ACT CERTIFICATION

Effective January 1, 2009, all Invitations for Bid (IFBs) or Requests for Proposal (RFPs) for goods or services must address the requirements of the Darfur Contracting Act of…