DDS_RFP_HD259007_Federal_and_State_IDD_Expert.pdf

PETE CERVINKA

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) HD259007

FEDERAL AND STATE

INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (I/DD) EXPERT

Notice to Prospective Proposers

April 11, 2025

You are invited to review and respond to the Department of Developmental Services (DDS) Request for Proposal (RFP) HD259007, titled “Federal and State Intellectual and Developmental Disabilities (I/DD) Expert.” 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 02/2025) 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

This solicitation is published online on the eProcurement System web page (formerly the California State Contracts Register) 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. Please contact the contract analyst listed below for an accessible version of the RFP.

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 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.

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

Table of Contents

I. PURPOSE

II. BACKGROUND

III. TERM OF AGREEMENT

IV. PROPOSER ELIGIBILITY CRITERIA

V. KEY ACTION DATES

VI. QUESTIONS

VII. ADDENDA

VIII. REQUIRED FORMAT OF PROPOSALS

IX. REQUIRED CONTENT OF TECHNICAL PROPOSAL

X. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

XI. COST PROPOSAL

XII. PROPOSAL SUBMITTAL

XIII. EVALUATION PROCESS

XIV.DISPOSITION OF PROPOSALS

XV. INTENT TO AWARD AND PROTEST PROCEDURES

XVI.TAX DELINQUENCY DISCLAIMER

XVII.PREFERENCE/INCENTIVE PROGRAMS

XVIII.DARFUR CONTRACTING ACT CERTIFICATION

XIX.LOSS LEADER LANGUAGE

XX. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) NOTIFICATION

EXHIBIT A–SCOPE OF WORK

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT C–GENERAL TERMS AND CONDITIONS

EXHIBIT D–SPECIAL TERMS AND CONDITIONS

EXHIBIT E–ADDITIONAL TERMS AND CONDITIONS

EXHIBIT F–SEXUAL HARASSMENT PREVENTION POLICY

EXHIBIT G–HIPAA AGREEMENT

APPENDIX 1 REQUIRED AND CONDITIONAL ATTACHMENTS

APPENDIX 2 EVALUATION CRITERIA

Department of Developmental Services Federal and State I/DD Expert RFP HD259007

I. PURPOSE

The Department of Developmental Services (DDS) is soliciting for consulting services in the following four workstreams:

1. Ongoing person-centered services training

2. External developmental services assessment and identification of change opportunities

3. Identify available administrative structures, both federal and state, to maximize alignment with service and systemic changes identified.

4. Design and facilitate collaborative meetings among DDS leadership and key stakeholders.

See Exhibit A, Scope of Work for a complete description of services.

II. BACKGROUND

DDS works to ensure that Californians with developmental disabilities have the opportunity to make choices and lead independent, productive lives from a person-centered system made up of a network of community agencies. Here is the Background on the four workstreams described in Exhibit A, Scope of Work.

1. Ongoing Person-Centered Services

Home and Community-Based Services (HCBS), through the Center for Medicaid Services (CMS) waivers, provide a vital funding source for the service system supporting individuals with intellectual and other developmental disabilities in California. Additionally, HCBS supports individuals with dignity and respect, resulting in an increased quality of life when done well. As such, DDS places high value on maintaining federal compliance and in moving beyond compliance by advancing person-centered policies and practices which result in the highest quality of life for individuals served.

2. External developmental employment services assessment, and identification of change opportunities.

DDS aims to provide a competitive integrated employment system where people who want a job, have a job, and to provide employment services that help people get and keep jobs that maximize their skills and interests. The work experience, job development, and job coaching system is formed between multiple systems, including schools, Department of Rehabilitation (DOR) and DDS. The experience of navigating between systems causes unneeded fragmentation and challenges for individuals.

DDS, in collaboration with DOR and the California Department of Education (CDE) is embarking on a multifaceted plan to bridge the barriers, build employment capacity, and increase integrated employment outcomes.

3. Identify available administrative structures, both federal and state, to maximize

Reimbursements associated with DDS’ various federal authorities (HCBS Waiver for Individuals with Intellectual and Developmental Disabilities, Self Determination Program Waiver, 1915(i) State Plan Amendment, etc.) account for approximately one third of the budgeted funds for services coordinated by regional centers, and play a critical role in funding the State’s entitlement program for individuals with I/DD. Alignment with federal regulations, including the recently approved Federal HCBS Access Rule, is critical to ensuring that the funding for these services is not jeopardized. Additionally, as DDS seeks new and innovative ways to serve individuals with I/DD, it must draft and submit amendments to its various federal authorities to facilitate continued federal funding and compliance with federal rules.

4. Design and facilitate collaborative meetings among DDS leadership and key

To develop effective public policy, DDS regularly conducts a significant number of community engagement meetings, effectively leading and/or participating in over 75 workgroups. DDS recognizes that the need for the state and federal I/DD expert who can skillfully interact with its stakeholders and understands and works with a current knowledge of I/DD issues is critical, ultimately impacting the quality of life for its clients.

DDS’ statewide stakeholders are personally vested in California’s developmental disability services system. They are a diverse group and include, but are not limited to, persons with I/DD, self-advocates, family members, service providers, regional centers, advocacy organizations, legislative staff, and other state departments.

Meetings will primarily occur virtually, though there may be opportunities for in-person and/or hybrid meetings throughout the state with travel to be reimbursed per existing state rates, time frames, and requirements.

III. TERM OF AGREEMENT

The term of the agreement is three years. The Agreement term is from August 1, 2025, to July 31, 2028.

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 voluntary and no payment shall be made for that work.

IV. PROPOSER ELIGIBILITY CRITERIA

1. Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid response to this RFP. The Proposer must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Proposers 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. Proposers, including the Proposer’s representatives such as executives, officers, board members, and agents, must be responsible and have the capability to carry out the terms in this RFP. Proposers or Proposers’ representatives 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 Proposers’ representatives have been responsible for in whole or in part (e.g., making decisions, managing operations).

3. Executive Order N-6-22- Russia 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 proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

4. 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 Article XVIII Preference/Incentive Programs.

V. 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 April 11, 2025

Questions Due April 25, 2025, by 3:00 PM PT

DDS Response Posted May 2, 2025 (Tentative)

Proposals Due May 21, 2025, by 3:00 PM PT

Presentations June 2–June 6, 2025 (Tentative)

Five-day posting period of Intent to Award

June 9–June 17, 2025 (Tentative)

Agreement Start Date August 1, 2025 (Tentative)

*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 May 21, 2025, 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.

VI. QUESTIONS

A. Proposers requiring clarification of the intent or content relating to RFP HD259007 Federal and State Intellectual and Developmental Disabilities Expert (I/DD) or procedural matters regarding the competitive proposal process, may request clarification by submitting questions via email to the Contract Analyst, lisette.fowler@dds.ca.gov. To ensure a response, questions must be received in writing by the scheduled date(s) given in Article V. 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 May 2, all questions and their responses will be posted to Cal eProcure. The source of each question will not be indicated. Proposers should notify the Contract Analyst immediately by email 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 HD259007, Federal and State Intellectual and Developmental Disabilities (I/DD) Expert Questions – Company Name.

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

E. DDS will answer questions at its sole discretion.

VII. ADDENDA

DDS may modify RFP HD259007, Federal and State Intellectual and Developmental Disabilities (I/DD) Expert 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.

VIII. 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 hard copy proposal labeled “MASTER PROPOSAL” and an electronic version on a USB thumb drive. Proposals not submitted in a sealed envelope may be rejected.

C. The original proposal must be marked "MASTER PROPOSAL." If discrepancies are found between the hard copy original and the electronic version of the proposal, the hard copy “MASTER PROPOSAL” will prevail over all others.

D. 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.

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.

IX. REQUIRED CONTENT OF TECHNICAL PROPOSAL

Proposals should provide straightforward and concise descriptions of the Proposer's ability to satisfy the requirements of this RFP, including three references that include but are not limited to companies and specific work performed that demonstrate the ability to provide the services sought by DDS as described in Exhibit A, Scope of Work, within the past seven years.

A. Qualifications and Experience

1. Proposer’s qualifications and experience indicating expertise necessary to successfully perform the evaluation, design and implementation of the project deliverables.

2. Proposer’s experience designing rigorous evaluations of complex systems with multiple outcomes.

3. Proposer’s knowledge of and experience with the California developmental disability system, trends in cultural and linguistic competency, and strategies to promote equity and accessibility. Experience in working with the federal Center for Medicare and Medicaid Services (CMS), Person-Centered Systems, and educational experience.

Experience with or familiarity with the Baldrige Excellence Framework.

4. Evidence of work and/or educational experience with strategies for systems change in person-centered practices for individuals with developmental disabilities from diverse communities to include professional projects, workshops, or national publications.

B. Resumes

The Proposer must provide resumes for each professional staff member including subcontractors, if applicable. Key staff are individuals who will exercise a major administrative role, a major policy role, or a consultant role as identified by the Proposer.

Each resume must not exceed three pages in length.

Resumes must:

1. Demonstrate a minimum of a cumulative total of seven years of documented experience designing and conducting program evaluation in the area of health and human services, demonstrating in-depth experience and exposure with the developmental disability services system.

2. Possess a minimum of a cumulative total of seven years of documented experience working with person-centered services within a developmental disability services system, including communities identified by race, ethnicity, language, and socioeconomic circumstances.

3. Have a minimum of a cumulative total of seven years of experience—verified through references or recent certification—working cooperatively with state agencies, person-centered organizations, and constituency groups whose work includes services regarding person-centered practices.

C. Work Plan

The Proposer must develop a work plan for each workstream identified in Exhibit A, Scope of Work. The work plan must show how progress can be measured through the list below in order for payment to be made. For each workstream, the work plan must include, but may not be limited to, the:

1. Objectives

2. Tasks

3. Sub-tasks

4. Deliverables

X. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

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

Attachment 1 – Required Attachment Checklist Attachment 2 – Proposal/Proposer Certification Sheet Attachment 3 – Cost Proposal Worksheet (Submitted in Excel) Attachment 4 – Proposer Point of Contact Attachment 5 – Proposer References Attachment 6 – Payee Data Record (STD 204) and Payee Record Supplement (STD 205) (STD 205 required only if applicable).

Attachment 7 – Contractor Certification Clauses (CCC 04/2017) Attachment 8 – Bidder Declaration (Written) (GSPD-05-105) Attachment 9 – Insurance Acknowledgment Attachment 10 – Proposal Incentives and Preferences Certification Attachment 11 – Resumes Attachment 12 – Statement of Assurances for Protection of Protected Health (HIPAA) Acknowledgment The following documents must be included in the submission, if applicable:

Attachment 13 – Copy of California Certified Small Business (SB)/Microbusiness (MB) Certification Attachment 14 – Target Area Contract Preference Act (TACPA) (STD 830) Attachment 15 – Proposer’s Summary of Contracting Activities and Labor Hours (DGS PD 526) Attachment 16 – California Disabled Veteran Business Enterprises (DVBE) Attachment 17 – Darfur Contracting Act Certification (DGS PD1) Attachment 18 – Iran Contracting Act Verification Form (DGS PD3) Attachment 19 – California Civil Rights Law Certification (DGS OLS 04) Attachment 20 – California Secretary of State Certification of Status All attachments and documents in this section can be found in Appendix 1.

XI. COST PROPOSAL

Use the Sample Cost Proposal Worksheet (Attachment 3) as a guide in preparing your cost proposal. Indirect/overhead costs cannot exceed 15 percent of the proposed total.

XII. PROPOSAL SUBMITTAL

A. All proposals must be received in the DDS Contracts Unit by 3:00 PM PT, May 21, 2025. 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. Proposal must be sealed in an envelope, clearly labeled “RFP HD259007, Federal and State Intellectual and Developmental Disabilities (I/DD) Expert, Attention: Lisette Fowler–DO NOT OPEN.” and your firm’s name and address. Proposal must also include a USB thumb drive (flash drive) containing an electronic copy of the entire proposal packet. Deliver proposals under sealed cover to:

Department of Developmental Services Attention: Lisette Fowler 1215 O Street, MS 10-10 Sacramento, CA 95814 lisette.fowler@dds.ca.gov

Neither the postmark on the proposal envelope nor receipt in DDS’ mail room constitutes timely delivery. Any proposal received in the Contracts Unit after the date and time specified in Article V., 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 packages and do not assess proposers’ responsiveness to the RFP requirements in the package content or in any documents therein.

D. 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.

E. DDS does not accept alternate agreement language from a prospective contractor. A proposal with such language will be considered a counterproposal and will be rejected.

The State’s General Terms and Conditions (GTC 02/2025) and any other provisions outlined in this RFP are not negotiable.

F. DDS reserves the right to cancel this RFP without cause at any time.

G. DDS reserves the right to reject all proposals.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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.

XIII. 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 Vlll.

Required Format of Proposals, lX. Required Content of Technical Proposal, and X.

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 150 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 proposal using the evaluation criteria in Appendix 2. Proposals must score a minimum of 105 points to move on to the Third Phase Presentation.

Third Phase Presentation – (Total Possible Score 30 Points)

Proposers that meet the 70 percent minimum score of 105 points after passing Phase I and Phase II will be scheduled for a presentation before the Evaluation Committee. The Evaluation committee consists of DDS staff who served as panel members in Phase II.

Presentations will be via video conference and should not exceed 45 minutes in duration, to be followed by a 15-minute allotment for follow-up questions and answers. DDS will notify the selected proposer(s) of presentation times via email.

Proposer’s presentation will include:

1. Reflection on person-centered planning and working with California’s developmental disabilities system.

2. Discussion on some of the major obstacles, processes, strategies for success, and outcomes of similar projects that they have completed in the past.

3. Experience of key personnel working within the I/DD system including stakeholder engagement with diverse communities and evaluations in complex systems.

Final Phase – Cost Component (Total Possible Score 78 Points)

The lowest Cost for Services will be given the maximum number of 78 points. All other cost proposals will be given a prorated percentage of 78 points based on the proportion of their Cost for Services compared to the lowest cost bid for Cost for Services.

For example, if the lowest cost for the Federal and State Intellectual and Developmental Disabilities (I/DD) Expert RFP equals $300,000, it would be awarded 78 points; the second lowest cost $316,000 would be awarded ($300,000/$316,000 x 78) = 74.1 points total (rounded to the nearest hundredth).

Final Selection and Award Process

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

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)]

XIV. 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 § 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.

XV. 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. 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 Department of General Services (DGS), a full and complete written statement on the grounds that the (protesting) proposer would have been awarded the Agreement 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.

Protesters 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

XVI. TAX DELINQUENCY DISCLAIMER

Pursuant to the Public Contract Code § 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 § 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, 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

XVII. 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 § 14838.5, et seq. and California Code of Regulations, title 2, § 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 § 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 DDS. 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 § 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 § 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-Target-Area-Contract- Preference?search=Target%20Area

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 § 999.9; Public Contract Code § 10115.10 or Public Contract Code § 4110 (applies to public works only). Contractor must immediately notify the DDS 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 § 999.5, subdivision (d) may be used as evidence of the proposer’s non-responsibility 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.

XVIII. 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 2008 (Act).

(Public Contract Code §§ 10475, et seq.; Stats. 2008, Ch. 272). The Act precludes State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code § 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code § 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a state agency for goods or services. [Public Contract Code § 10477(a)].

Therefore, Public Contract Code § 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency (See Appendix I, Attachment 11).

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code § 10477(b) (See Appendix I, Attachment 17).

XIX. LOSS LEADER LANGUAGE

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

XX. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) NOTIFICATION

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

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

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

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

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

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

EXHIBIT A–SCOPE OF WORK

I. DESCRIPTION OF SERVICES

General Information

The California Department of Developmental Services (DDS) works to ensure Californians with developmental disabilities have the opportunity to make choices and lead independent, productive lives from a person-centered system made up of a network of community agencies.

II. CONTRACTOR WORKSTREAM RESPONSIBILITIES

Services will include, but may not be limited to, the following four workstreams:

1) Ongoing person-centered services training

a. Assess the current environment and recommend management actions in relation to person-centered services.

b. Identify priority systems change projects for DDS in relation to person-centered services.

c. Provide input and briefs to DDS.

d. Provide written updates to DDS Executive Staff upon request.

2) External developmental services assessment and identification of change opportunities

a. Review regional center, provider, and family insights gained through ongoing stakeholder feedback.

b. Identify challenges and gaps in current service options, including data and technology support.

c. Describe the areas where opportunities exist for change, adaptation, and growth.

d. Delineate the differences in current service delivery environment and future service delivery, including additional approaches implemented in other states.

e. Identify recommended person-centered service changes and establish a prioritized list of changes.

https://www.dds.ca.gov/

f. Clarify priorities for service models among diverse communities and assure differences are captured in the objectives of the system.

3) Identify available administrative structures, both federal and state, to maximize

a. Based on the objectives and the prioritized areas for innovation, identify funding and administrative authorities to best support the delivery system.

b. Establish ideas for service provider system performance measures—demonstrating services successfully meeting expectations while also assuring health and well-being standards of care.

c. Design and implementation for new and ongoing initiatives, including legislative initiatives.

4) Design and facilitate collaborative meetings among DDS leadership and key

a. Facilitate collaborative virtual, in-person, or hybrid team meetings among DDS leadership and key stakeholders to identify change opportunities, determine priorities, and recommend changes.

b. Utilize learning and feedback mechanisms to ensure effective design of planning strategies.

c. Design work group meetings inclusive of DDS staff and key stakeholders to identify administrative frameworks and programmatic strategy for implementation.

d. Work with DDS staff to develop comprehensive plans to sustain and communicate about the service changes identified.

III. PROJECT DELIVERABLES

In accordance with the specific task requirements outlined in Exhibit A Scope of Work, the Contractor shall:

a. Provide monthly status updates of research in progress and planned for the next reporting cycle.

b. Recommend metrics and other considerations that DDS can use to prioritize activities supporting targeted populations. These recommendations should reflect input collected through:

i. Engagement with individuals and families to understand culturally competent service development, delivery, and person-centered goals.

ii. Outreach opportunities with diverse community-based partners to identify needs by ethnicity, language, disability, age, and geography by interviewing state, regional center, and service provider employees. Contractor to submit a final summary report to DDS no later than 30 days after expiration of the Agreement.

The summary report shall include a wrap-up of completed deliverables, implementation, and billings submitted.

IV. PROJECT ADMINISTRATION

1) The Contractor shall perform the activities in the following areas:

a. Within 30 days of execution, the Contractor will meet with DDS to review the work plan and discuss the objectives, activities, responsible parties, outcomes, deliverables, and timelines. The work plan will outline effective administration of the deliverables of the Agreement.

b. Modify the work plan based on input from DDS and finalize the work plan for approval by DDS within 14 days from receiving the input.

c. Meet monthly, or as determined by DDS, with DDS staff to discuss progress and issues pertaining to implementation of the Agreement.

d. Submit monthly activity and budgetary progress reports (i.e., invoices) summarizing agreement activities and expenditures during the prior month, as well as objectives—and associated activities—for the planned future months.

V. CONTACTS

1) Project Representatives:

Either party may designate a different project representative and provide updated contact information by giving written notice to the other party. Changes shall not require an agreement amendment.

DDS TBD

Name: Name:

Title: Title:

Address:

Address:

Phone: Phone:

Email: Email:

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS

I. 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 include the agreement number, detail of the tasks performed, hours and time of service and amount due.

Invoices will be submitted via email to: TBD

II. 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.

III. PROMPT PAYMENT CLAUSE

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

IV. 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.

V. TRAVEL

Travel is a reimbursable item, necessary travel expenses and per diem rates must not exceed the rates specified by the Department of Human Resources (CalHR) 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.

Current CALHR travel reimbursement rates:

https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

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. Excess lodging cost are not guaranteed.

VI. PAYMENT WITHHOLD FOR SEPARATE AND DISTINCT TASKS

In accordance with Public Contract Code § 10346, the State shall withhold ten percent (10 percent) of each progress payment for each separate and distinct Task. Funds withheld for each separate and distinct Task will be paid upon satisfactory completion of that Task, as determined by the State. A Task is deemed satisfactorily completed upon acceptance and written approval by the State for all deliverables or services for that Task, including submission of monthly progress reports.