DR240075_IFB_Certified_Athletic_Trainer_Services.pdf

California Department of Education Invitation for Bid (IFB) Certified Athletic Trainer Services –

DR240075

California School for the Deaf, Riverside] Analyst: Contract Analyst – Shae Rebol

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: srebol@cde.ca.gov Phone: 916-445-7292

Bid Due Date: April 9, 2024 at 12:00 pm PDT

Public Bid Opening: April 11, 2024, at 9:30 am PDT Contract Period: July 1, 2024 (or upon DGS Approval) – June 30, 2025

One-Year Option to Renew: July 1, 2025 – June 30, 2026 One-Year Option to Renew: July 1, 2026 – June 30, 2027 mailto:srebol@cde.ca.gov

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Certified Athletic Trainer Services – DR240075

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. SUBCONTRACTING

V. DVBE PROGRAM REQUIREMENT

VI. PREFERENCE PROGRAMS

VII. BIDDER REQUIREMENTS

VIII. IFB DOCUMENTS

IX. BID DOCUMENTS AS PUBLIC RECORD

X. BID SUBMISSION

XI. BID SUBMISSION REQUIREMENTS

XII. BASIS OF AWARD

XIII. OPTION TO RENEW

XIV. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

II. CONTRACT MONITORS

III. ATHLETIC TRAINING SERVICES

IV. MATERIALS AND SUPPLIES

V. TRAINING ROOM

VI. SPECIAL INSTRUCTIONS

VII. CONTRACTOR QUALIFICATIONS

VIII. CONTRACTOR CLEARANCE

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

III. PAYMENT

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2– CONTRACTOR’S BID FORM

EXHIBIT B.3– CONTRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

III. WORKERS’ COMPENSATION

IV. AMENDMENTS

V. OPTION TO RENEW

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 33

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide certified Athletic Trainer services for the California School for the Deaf, Riverside (CSDR) located at 3044 Horace Street, Riverside, CA 92506, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on July 1, 2024. The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required. Contract includes two one-year options to renew.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement March 25, 2024

Bids Due April 9, 2024 at 12:00 pm PDT

Public Bid Opening April 11, 2024 at 9:30 am PDT

Contract Start Date July 1, 2024, or upon contract approval, whichever is later

III. ELIGIBLE BIDDERS

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

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation.

See General Information, Article V DVBE Participation Goals for information.

B. Targets of Economic Sanctions; 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IV. SUBCONTRACTING

The bidder responding to this IFB must serve as the Prime Contractor and will be the responsible entity in ensuring that all services and activities are competently and successfully completed. If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder. The Bidder Declaration form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

A. Commercially Useful Function

Bids must propose that Prime bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State.

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

A small or microbusiness/DVBE contractor, subcontractor or supplier is not performing a “commercially useful function” if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of small business or microbusiness/DVBE participation. (GC § 14837(d)(4);

Tit. 2 CCR § 1896.15.) (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

V. DVBE PROGRAM REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article VI. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

VI. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

• Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

• Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

• Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

VII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

Bidder must possess and provide a copy of their current and valid Certified Athletic Trainer Certification issued by the Board of Certification (BOC).

Bidder must possess and provide a copy of their current and valid Cardiopulmonary Resuscitation (CPR) and Audio External Defibrillator (AED) Professional Rescuer or Health Care Provider Certification.

VIII. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Shae Rebol, srebol@cde.ca.gov, 916-445-7292. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Shae Rebol, Contract Analyst, by phone at 916-445-7292. or by e-mail at srebol@cde.ca.gov.

IX. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

X. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – Certified Athletic Trainer Services – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: Shae Rebol – DR240075 – Certified Athletic Trainer Services 1430 N Street, Suite 2213 Sacramento, CA 95814 SEALED BID – Certified Athletic Trainer Services – DO NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Tuesday, April 9, 2024 at 12:00 pm PDT.

The bids will be publicly opened and read on Thursday, April 11, 2024 at 9:30 am PDT at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2212, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – Shae Rebol – DR240075, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

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

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XI. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article X. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1, Exhibit B.2, and Exhibit B.3 Contractor’s Bid Forms

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Total Cost.

C. Licenses/Certifications:

1. Bidder must possess and provide a copy of their current and valid Certified Athletic Trainer Certification issued by the Board of Certification (BOC).

2. Bidder must possess and provide a copy of their current and valid Cardiopulmonary Resuscitation (CPR) and Audio External Defibrillator (AED) Professional Rescuer or Health Care Provider Certification.

D. Insurance Certificate

The bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit E, Article II. Certificate of Insurance Requirements:

1. Commercial General Liability, AND

2. Automobile Liability, AND

3. Workers’ Compensation

Proof of coverage and limits for the above required terms are required in the bid submission package. The additional insured language (see Exhibit E, Article II.

Certificate of Insurance Requirements) will be required as a condition of contract award.

E. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

F. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

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

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

G. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

H. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

I. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

J. Conditional Attachments

1. Subcontracting

If bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work, the Bidder Declaration (GSPD-05-105) form must be completed and submitted with original signature. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

2. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

3. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for bid rejection; however, DVBE incentive will not be considered or granted for your bid.

• Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf.

• DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

XII. BASIS OF AWARD

Following the public bid opening, the CDE Contracts Office will review the low bid for compliance with the bid requirements, specified herein, and to determine if the low bidder is responsible and responsive to this IFB.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Total Cost for certified Athletic Trainer services, as stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3.

The lowest average Total Cost will be computed by adding the Total Cost from each of the three bid forms, Exhibit B.1, B.2, and B.3, and then dividing the amount by three.

Charges for the bidder’s operating expenses such as: all labor, personnel, and travel to provide care of injuries, emergency care to handle athletic injuries and make judgements, development of injury prevention program providing preventative and devices, and maintain accurate record of injuries and treatments for student-athletes, and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XIII. OPTION TO RENEW

The contract awarded through this IFB would expire on June 30, 2025; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (July 1, 2025 – June 30, 2026) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period July 1, 2025 – June 30, 2026. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in January 2025.

Costs for the second one-year option to renew (July 1, 2026 – June 30, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period July 1, 2026 – June 30, 2027. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in January 2026.

XIV. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 6 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:CONTRACTSOFFICE@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

The Contractor shall provide Certified Athletic Trainer (AT) services for the California School for the Deaf, Riverside (CSDR), as described herein.

The certified AT will provide both routine and emergency care for injuries to deaf student-athletes. The certified AT will make judgements as to what further actions are necessary, such as medical treatment, development of individual injury prevention programs, provision of preventative devices to be worn by student athletes, and maintain accurate record of injuries and treatments. The certified AT will use the highest level of professional judgement and refer students to the infirmary or doctor for further medical evaluation if necessary.

II. CONTRACT MONITORS

The CDE assigns Laura Edwards, ledwards@csdr-cde.ca.gov, (951) 248-7700 as the State Contract Monitor to oversee this project. Said State Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

III. ATHLETIC TRAINING SERVICES

A. The Contractor will provide athletic training services for CSDR through a certified AT.

Athletic Training services are defined as the management and provision of care of injuries to a physically active person as defined in the Physical Therapy Practice Act.

The term includes the rendering of emergency care, development of plans to prevent further injuries, and provide devices to be worn by student athletes to prevent injuries. The term also includes the assessment, management, treatment;

rehabilitation and reconditioning of the physically active person whose conditions are within the professional preparation and education of a certified AT. The term also includes the use of modalities such as mechanical stimulation, heat, cold, light, air, water, electricity, sound, massage and the use of therapeutic exercises, reconditioning exercise and fitness programs.

B. Athletic Training services will include, but are not limited to:

1. Taping students as needed and as determined by the AT.

2. Working with students requiring rehabilitation work as needed. The need for rehabilitation work will be determined by the student’s doctor/physician or the AT.

If the student’s doctor/physician determines rehabilitation work is necessary, the mailto:ledwards@csdr-cde.ca.gov doctor/ physician will send a note with student and the AT will provide the necessary rehabilitation work.

3. Checking on student-athletes that need medical attention. The student-athlete(s) will approach the AT for services and the AT will determine and carry out the appropriate action needed.

4. Advising the CDE Contract Monitor on student-athletes that need medical attention or determine whether the student-athlete can return to the sports activity.

5. Maintaining records of injuries and treatments provided by ensuring that documentation and communication is made to the student-athlete’s parents, coach, and CDE Contract Monitor. All documents generated by the AT or provided by the CDE Contract Monitor will be kept at CSDR in a confidential file.

6. Acting as a liaison between family physicians and specialists, the school, the student athlete, and the student athlete’s parents, by communicating when the student-athlete is injured, needs medical attention or needs rehabilitation services.

C. Start of Contract Transition:

1. The AT will meet with the CDE Contract Monitor in August of each contract year to:

a. Take an inventory existing medical supplies at CSDR.

b. Participate in a tour of the office and training room at CSDR that the certified

AT will be expected to maintain.

c. Review student-athletes’ athletic clearance packets (including but not limited to: a physical exam form, insurance coverage form, informed consent form, and a copy of the California Interscholastic Federation (CIF) Code of Ethics with the CDE Contract Monitor.

d. Meet with coaches and infirmary staff.

e. Receive a complete schedule for all away games for football and for all home games for football, volleyball, wrestling, baseball, softball, and track and field.

No games will occur at the same time.

D. Fall Sports Camp:

CSDR will host a Fall Sports Camp in August of every year and the AT must be present and participate in the event that injuries occur or medical attention is required. The AT must be available throughout the duration of the camp in order to ensure the safety of all student-athletes participating.

1. The Fall Sports Camp will take place in August every year for four (4) to six (6) hours each day, for six (6) days between 8:00 a.m. – 4:00 p.m. Monday through Saturday. The CDE Contract Monitor will notify the AT of the exact dates at least ten (10) business days prior to the start of the Fall Sports Camp. In the event of heat conditions, the hours of practice may be adjusted to be shortened in the day and can occur from 6:00 p.m. – 8:00 p.m. if necessary.

a. The AT will perform all Athletic Training services listed in Article IV, Section B on an as needed basis, during the Fall Sports Camp:.

E. Daily Athletic Training Services:

1. For daily AT services, the AT will be required to attend football practice every day.

2. Services will occur between August and December. The AT must provide daily AT services from 3:30 p.m. – 7:00 p.m. The CDE Contract Monitor will provide the dates for the football season that the beginning of each contract year.

3. The AT will perform all Athletic Training services listed in Article IV, Section B, on an as needed basis.

F. Football Games:

California Interscholastic Federation – Southern Section (CIF-SS) requires that certified medical personnel must be present at CIF-SS sanctioned games. The AT shall be present for all home and away games. If the AT feels that an injured player should not return to play, the AT’s advice is final.

1. Schedule:

a. The AT will arrive one hour before each home and away game for all Middle and High School football games.

b. The AT will remain until all student-athlete concerns and/or injuries are addressed, to the satisfaction of the team coaches and/or Athletic Director.

2. The AT will perform all Athletic Training services listed in Article IV, Section B, on

G. Weekly CAT Services Schedule:

From August through May, the AT will provide weekly AT services, from 3:30 p.m. – 7:00 p.m.

1. The ATwill perform the following on a weekly basis:

a. The AT presence will be required at CSDR once a week to provide assistance, rehabilitation, and preventative care during the school year for volleyball, and track teams.

b. The AT will perform all Athletic Training Services listed in Article IV, Section B, on an as needed basis.

H. Home Games:

The AT will attend all home games at CSDR in all sports categories to include volleyball, basketball, wrestling, baseball, softball, and track and field during the school year in conjunction with weekly visits where there are no home games. Due to the nature of these sports, a certified AT is needed.

1. Schedule:

a. The AT will arrive one (1) hour before each home game.

b. The AT will remain until all student-athlete concerns and/or injuries are addressed to the satisfaction of the team coaches and/or CDE Contract Monitor.

2. The AT will perform all Athletic Training services listed in Article IV, Section B, on

IV. MATERIALS AND SUPPLIES

A. CSDR shall supply the AT with all medical equipment and supplies required for the duration of this contract. For games at CSDR, materials and supplies will remain on the CSDR campus. For away games, the Contractor’s CAT will stock a medical supply bag and ensure it is supplied and equipped as described in Exhibit A, Article V, Item B for each game. The AT will inform the CDE Contract Monitor of any materials needed to complete the Contractor’s duties and job.

B. The medical equipment and supplies will include, but are not limited to:

1. Crutches

2. Band aids

3. Antiseptic ointment

4. Flex Wraps

5. Scissors

6. Ice Bags

7. Arm and leg braces

8. Athletic tape

9. Bio Hazard blood kits

10. Gloves

11. Nose spigot

12. Training table

V. TRAINING ROOM

A. The AT will ensure that all of the equipment in CSDR’s training room is working properly and will report any problems to the CDE Contract Monitor.

B. The AT will ensure the cleanliness and sanitation of the training room, subject to review and approval by the CDE Contract Monitor.

VI. SPECIAL INSTRUCTIONS

A. The AT will sign-in at the Gymnasium or Football Field upon arrival and wear a professional attire, such as the Contractor’s company shirt or CSDR shirt that will be provided by CSDR.

B. The AT will be escorted by a CSDR staff member at all times.

VII. CONTRACTOR QUALIFICATIONS

A. The AT proposed to provide services as outlined in Exhibit A, must possess and provide a copy of the Contractor’s or Contractor’s employee current and valid CAT Certification issued by the Board of Certification, Inc. (BOC).

B. The AT proposed to provide services as outlined in Exhibit A, must possess, and provide a copy of the Contractor’s current and valid Cardiopulmonary Resuscitation (CPR) and Audio External Defibrillator (AED) Professional Rescuer or Health Care Provider Certification.

C. The AT proposed to provide services as outlined in Exhibit A, must maintain and be able to provide the CDE Contract Monitor with copies of this documentation upon request throughout the contract period.

VIII. CONTRACTOR CLEARANCE

A. Contractor shall be required to submit a fingerprint scan and obtain Department of Justice (DOJ) background clearances for staff, including AT, who may come in contact with students.

B. In accordance with the California Education Code (EC), Section 45125.1, the Contractor shall verify in writing to CSDR that none of its employees, who may come in contact with students, have been convicted of a felony as defined in the EC Section 45122.1. EC Section 45122.1 states; a violent felony is any felony listed in subdivision of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision of Section 1192.7 of the Penal Code. The Contractor shall provide the certification with a list of names of its employees, who may come in contact with students, to the CDE Contract Monitor upon contract approval. The

Contractor will provide an updated list with the hire of staff that may come in contact with students. CSDR will request a list at random to ensure compliance. If the Contractor’s employee is dispatched to provide services to CSDR that is not on the Contractor’s provided list, the individual will be escorted to the CSDR Administration Building. The CDE Contract Monitor will contact the Contractor for remedy.

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 herein, which is attached hereto and made a part of this agreement.

Invoices shall include the Agreement Number DR240075 and shall be submitted in arrears, not more frequently than monthly in duplicate to:

California Department of Education California School for the Deaf, Riverside Attention: Accounting Office 3044 Horace Street Riverside, CA 92506 Email: acctap@csdr-cde.ca.gov

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

mailto:acctap@csdr-cde.ca.gov

EXHIBIT B.1 – CONTRACTOR’S BID FORM

Certified Athletic Trainer Services – DR240075

Contract Period: July 1, 2024 through June 30, 2025

The undersigned Contractor hereby proposes to furnish all labor, personnel, and travel to provide care of injuries, emergency care to handle athletic injuries and make judgements, development of injury prevention program providing preventative and devices, and maintain accurate record of injuries and treatments for student-athletes, and/or any other overhead expenses necessary to perform all the work required at the California School for the Deaf, Riverside (CSDR),in accordance with the terms and conditions contained herein:

Hourly Rate X Hours* = Total Cost

Certified Athletic Trainer Services $___________ per hour X 1,000 = $_____________

*Number of hours is an estimate. The CDE reserves the right to increase or decrease the number of hours.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

Federal ID #:__________________________________________________________

Questions regarding completion of this form should be brought to the attention of: Shae Rebol, by email at srebol@cde.ca.gov or by phone at (916) 445-7292.

EXHIBIT B.2– CONTRACTOR’S BID FORM

Certified Athletic Trainer Services – DR240075

OPTION TO RENEW: Contract Period: July 1, 2025 through June 30, 2026

The undersigned Contractor hereby proposes to furnish all labor, personnel, and travel to provide care of injuries, emergency care to handle athletic injuries and make judgements, development of injury prevention program providing preventative and devices, and maintain accurate record of injuries and treatments for student-athletes, and/or any other overhead expenses necessary to perform all the work required at the California School for the Deaf, Riverside (CSDR),in accordance with the terms and conditions contained herein:

Hourly Rate X Hours* = Total Cost

Certified Athletic Trainer Services $___________ per hour X 1,000 = $_____________

*Number of hours is an estimate. The CDE reserves the right to increase or decrease the number of hours.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

Federal ID #:__________________________________________________________

Questions regarding completion of this form should be brought to the attention of: Shae Rebol, EXHIBIT B.3– CONTRACTOR’S BID FORM

Certified Athletic Trainer Services – DR240075

OPTION TO RENEW: Contract Period: July 1, 2026 through June 30, 2027

The undersigned Contractor hereby proposes to furnish all labor, personnel, and travel to provide care of injuries, emergency care to handle athletic injuries and make judgements, development of injury prevention program providing preventative and devices, and maintain accurate record of injuries and treatments for student-athletes, and/or any other overhead expenses necessary to perform all the work required at the California School for the Deaf, Riverside (CSDR),in accordance with the terms and conditions contained herein:

Hourly Rate X Hours* = Total Cost

Certified Athletic Trainer Services $___________ per hour X 1,000 = $_____________

*Number of hours is an estimate. The CDE reserves the right to increase or decrease the number of hours.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

Federal ID #:__________________________________________________________

Questions regarding completion of this form should be brought to the attention of: Shae Rebol, EXHIBIT C – GENERAL TERMS AND CONDITIONS

GTC 04/2017 will be incorporated by reference and made part of this Agreement. The GTC 04/2017 document can be viewed at https://www.dgs.ca.gov/OLS/Resources/Standard-Contract- Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render services as a result of any action by any governmental authority.

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; 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 Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

III. RESOLUTION OF DISPUTES

If the Contractor disputes any action by the project monitor arising under or out of the performance of this contract, the Contractor shall notify the project monitor of the dispute in writing and request a claims decision. The project monitor shall issue a decision within 30 days of the Contractor's notice. If the Contractor disagrees with the project monitor's claims decision, the Contractor shall submit a formal claim to the Superintendent of Public Instruction or the Superintendent's designee. The decision of the Superintendent shall be final and conclusive on the claim unless the decision is arbitrary, capricious, or grossly erroneous or if any determination of fact is unsupported by substantial evidence. The decision may encompass facts, interpretations of the contract, and determinations or applications of law. The decision shall be in writing following an opportunity for the contractor to present oral or documentary evidence and arguments in support of the claim.

Contractor shall continue with the responsibilities under this Agreement during any dispute.

IV. LOSS LEADER

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

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

Unless the scope of work expressly provides that the CDE shall be responsible for all 508 compliance:

A. Contractor shall, in accordance with California Government Code section 11135 (which requires state agencies to comply with Section 508 of the federal Rehabilitation Act of 1973 (Section 508)), ensure that any and all Information and Communications Technology (ICT) deliverables developed, procured, or maintained as a result of this contract shall comply with state and federal accessibility requirements, including: (i) the California Department of Education’s (CDE) Web Content Accessibility Guidelines (WCAG) 2.0 at…