HD249076_RFP_with_sample_contract.pdf

NANCY BARGMANN

DIRECTOR

State of California—Health and Human Services Agency Department of Developmental Services

1215 O Street, Sacramento, CA 95814 www.dds.ca.gov

GAVIN NEWSOM

GOVERNOR

REQUEST FOR PROPOSAL – Secondary

Notice to Prospective Proposers

February 29, 2024

You are invited to review and respond to the Department of Developmental Services (DDS) Request for Proposal (RFP) HD249076 entitled Clients’ Rights Advocacy Services. In submitting your proposal, you must comply with these instructions. By submitting a proposal, the proposing firm agrees to the terms and conditions stated in the RFP.

This agreement shall be for a three-year original term and two optional one-year extensions (3+1+1).

Please read all portions of this solicitation carefully, including the requirements in the attached Standard Agreement. Submit all required forms and documents with your proposal as indicated in this RFP. Any proposal received after the date and time indicated in this RFP will not be considered for review.

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

Public or private corporations, agencies, organizations, associations, or individuals may submit a proposal in 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.

Proposer must be a legally cognizable public agency, sole proprietorship, partnership, or corporation, fully incorporated by the deadline for submitting proposal. Failure to meet the foregoing requirement will result in disqualification.

Proposer, including the Proposer’s representatives such as executives, officers, board members, and agents, must be responsible and have the capability to professionally carry out terms in this RFP.

Proposer or proposer’s representatives who have had an agreement terminated with DDS in the past 18 months will be disqualified and will not be considered in the award process. This restriction extends to all entities for which the Proposer’s representatives have been responsible for in whole or in part (e.g., making decisions, managing operations).

The Disabled Veteran Business Enterprise (DVBE) Participation Program requirements for this solicitation have been waived. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. Please see Section E, Item 3, DVBE Requirements and Incentive.

Department of Developmental Services

RFP HD249076

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

In the opinion of DDS, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please see Section D, Item 2, Written Questions and Answers and submit by the Written Questions Submittal Deadline in Section D, Proposal Requirements and Information, Item 1, Key Action Dates.

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

Executive Order N-6-22 Russian Sanctions – On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economics 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.

(The rest of this page left blank intentionally) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

Table of Contents A. Purpose and Description of Services

1. Summary Statement

2. Background

3. Program Description

4. Required Services

B. Minimum Qualifications

1. Proposer Minimum Qualifications

C. Project Administration D. Proposal Requirements and Information

1. Key Action Dates

2. Written Questions and Answers

3. Cost Detail Format and Requirements

4. Submission of Proposal

5. Evaluation Process

6. Award and Protest

7. Disposition of Proposals

8. Agreement Execution and Performance

E. Preference Programs

1. Small Business (SB) Preference Program

2. Target Area Contract Preference Act (TACPA)

3. DVBE Requirements and Incentive

4. Non-Small Business Preference Request

F. Required Attachments

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – PROPOSAL/PROPOSER CERTIFICATION SHEET

ATTACHMENT 3 – SAMPLE COST PROPOSAL WORKSHEET

ATTACHMENT 4 – PROPOSER REFERENCES

ATTACHMENT 5 - PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD

SUPPLEMENT (STD 205*)

ATTACHMENT 6 - CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

ATTACHMENT 7 – CA SMALL BUSINESS CERIFICATION

ATTACHMENT 8 – TARGET AREA CONTRACT PREFERENCE REQUEST (TACPA)

(STD 830)*

ATTACHMENT 9 - BIDDER’S SUMMARY (DGS PD 526)*

ATTACHMENT 10 - DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DECLARATIONS (DGS PD 843)*

ATTACHMENT 11 - DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1)*

ATTACHMENT 12 – IRAN CONTRACTING ACT OF 2010 (DGS PD 3)*

ATTACHMENT 13 - INSURANCE ACKNOWLEDGEMENT

ATTACHMENT 14 - BIDDER DECLARATION (WRITTEN) (GSPD-05-105)

ATTACHMENT 15 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (DGS OLS 04) * .. 31

ATTACHMENT 16 - BUSINESS ASSOCIATES AGREEMENT (BAA) OR STATEMENT OF

ASSURANCES FOR PROTECTION OF PERSONAL INFORMATION (HIPAA)

ACKNOWLEDGEMENT

ATTACHMENT 17 - CALIFORNIA SECRETARY OF STATE CERTIFICATION OF STATUS* . 33

ATTACHMENT 18 – PROPOSAL PREFERENCES AND INCENTIVES CERTIFICATION

A. Standard Agreement (STD 213)

Exhibit A – Scope of Work Exhibit B – Budget Detail and Payment Provisions Exhibit B Attachment 1 – Proposed Budget Exhibit C – General Terms and Conditions (GTC 04/2017) incorporated by reference only Exhibit D – Special Terms and Conditions Exhibit E – Consultant Services Provisions Exhibit F – Sexual Harassment Prevention Policy Exhibit G – Statement of Assurances for Protection of Protected Health Information Exhibit H – Resumes

* Submit only if applicable

A. Purpose and Description of Services

1. Summary Statement

The California Department of Developmental Services (“Department” or “DDS”) is soliciting proposals to:

Seek qualified proposers who demonstrate the capability to provide client’s right advocacy services to individuals with developmental disabilities living in the community who receive, or are applicants for, regional center services.

DDS is soliciting proposals for a single statewide contract with a nonprofit agency that meets all of the criteria set forth in this RFP.

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

2. Background

DDS serves approximately 430,000 individuals with developmental disabilities in community living arrangements, state-operated facilities, state hospitals, licensed health or community care facilities and family homes throughout California. Individuals served by DDS receive the services and supports needed to promote independence and productive lives, to assist with their own choices and decisions. California’s 21 community-based nonprofit regional centers, funded by the Department, provide assessments and case management and purchase services to meet the needs and choices of individuals with developmental disabilities throughout their lives.

Individuals with developmental disabilities have the same legal rights and responsibilities guaranteed to all people under the United State Constitution and laws and the Constitution and laws of the State of California. The Lanterman Developmental Disabilities Act (“Lanterman Act”) provides all Californians with developmental disabilities specific rights associated with accessing services and supports which are directed toward the achievement of the most independent, productive, and normal lives possible. Individuals with developmental disabilities who are admitted or committed to state-operated facilities, state hospitals, or reside in community living arrangements, licensed health or community care facilities have personal rights which only may be denied under specified conditions, then must be restored when those conditions no longer exist.

3. Program Description

In addition to the rights described above, individuals with developmental disabilities have the right to advocacy services, to protect and assert civil, legal, and service rights to which they are entitled by law. From 1977 through 1997, coordination of clients’ rights assurance endeavors was carried out by DDS through a network of clients’ rights advocates throughout California. In 1997, the Legislature determined that clients’ rights advocacy services provided by regional centers and DDS may have conflict of interest, or the appearance of a conflict of interest. SB 391, Chapter 294, Statutes of 1997, added Section 4433 to the Welfare and Institutions Code (“W&I Code”) to require that DDS contract with a non-profit agency to carry out the following responsibilities:

W&I Code Section 4433(d) provides that the Contractor shall do all of the following:

• Provide clients’ rights advocacy services to persons with developmental disabilities who are consumers of regional centers (residing in the community), including ensuring the rights of persons with developmental disabilities, and assisting persons with developmental disabilities in pursuing administrative and legal remedies.

• Investigate and take action as appropriate and necessary to resolve complaints from, or concerning, persons with developmental disabilities residing in licensed health and community care facilities regarding abuse, and unreasonable denial, or punitive withholding, of rights guaranteed under this division.

• Provide consultation, technical assistance, supervision and training, and support services for clients’ rights advocates.

• Coordinate the provision of clients’ rights services in consultation with DDS, stakeholder organizations, and persons with developmental disabilities and their families representing California’s multicultural diversity.

• Provide at least two self-advocacy trainings for consumers and family members.

The terms of this agreement for clients’ rights advocacy services between DDS and a non-profit agency will be for three years with two (2) optional one-year extensions. Under the Lanterman Act, DDS is responsible, through this agreement, for ensuring that the legal and constitutional rights of persons with developmental disabilities are protected.

This agreement is based upon estimated caseload volume, which is subject to fluctuation. The parties may amend the agreement by written mutual agreement to address budgetary changes caused by caseload fluctuation and/or changes in budget appropriation, as deemed necessary by

DDS.

4. Required Services

The sample Standard Agreement, included in this RFP as Exhibit A – Scope of Work, describes the minimum level of services that will be required of the proposer selected in response to this RFP. Proposer may add to the requirements, but proposer shall not propose anything that would be less than the requirements set forth in Exhibit A. Contractor, i.e., the selected proposer, will be responsible for ensuring that the work described in the sample Standard Agreement, Exhibit A, is accomplished in a manner acceptable to the State.

B. Minimum Qualifications

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

1. Proposer Minimum Qualifications

In accordance with W&I Code, Section 4433(b), eligibility for award of this agreement is restricted to a non-profit agency that can meet all the requirements listed below, which must be specifically addressed in each proposal.

a. The Proposer can demonstrate the capability to provide advocacy services to individuals with developmental disabilities in state-operated facilities, state hospitals and living in the community.

b. The Proposer can demonstrate knowledge of the service system, entitlements, and service rights of persons receiving services from regional centers.

c. The Proposer can demonstrate the capability of coordinating services with the protection and advocacy agency, now known as Disability Rights California (DRC), specified in W&I Code, Section 4433 (2)(D), and the area boards, also known as the State Council on Developmental Disabilities Regional Offices (SCDD).

d. The Proposer has not provided any services for any regional center of the Association of Regional Center Agencies, during the two-year period prior to the effective date of this agreement, that would be an unreasonable conflict of interest with the work as described in Exhibit A..

e. The Proposer must have a minimum of five years’ experience with the advocacy services delivery system and have knowledge of the entitlement to services and rights for individuals with developmental disabilities in the State of California.

f. Proposer, as a nonprofit, must submit proof of contractor’s legal right to do business in the State of California.

g. Proposers which are not corporations and are domiciled in California, must submit a copy of their license to do business in the State of California.

h. Proposers must certify that they do and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

i. Proposers which are corporations domiciled in California shall submit a printout from the California Secretary of State website (Search | California Secretary of State) which shows that their corporation is registered and currently in good standing.

j. Proposers must be in good standing with the California Franchise Tax Board (FTB), California Department of Tax and Fee Administration (CDTFA), and not on the U.S.

Government, Office of Foreign Control’s “Specifically Designated Nationals and Blocked Persons List” (SND List).

k. Proposer must maintain all applicable business licenses during the course of this agreement.

C. Project Administration

1. Within 45 days of execution of the agreement, the awardee shall submit a final draft work plan identifying detailed tasks and timelines to implement the project deliverables and include any data or other resources that are needed from DDS.

2. The workplan shall include objectives, activities, responsible parties, outcomes/deliverable, and timelines. The workplan will outline effective administration of the deliverables of the agreement.

3. Modify the workplan based on input from DDS and finalize the workplan for approval by DDS within 14 days from receiving input.

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

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

6. A 10% monetary withhold will be released upon satisfactory completion of all deliverables outlined in this agreement.

https://bizfileonline.sos.ca.gov/search/business

D. Proposal Requirements and Information

1. Key Action Dates

Event Date RFP Available to Prospective Proposers Thursday, February 29, 2024 Written Questions Submittal Deadline Thursday March 14, 2024 at 1:00 PM PT Answers to Proposers’ Questions Available

Thursday, March 21, 2024

Final Date for Proposal Submission Thursday, April 25, 2024 at 1:00 PM PT Proposal Opening Thursday, April 25, 2024 at 3:00 PM PT Proposal Scoring April 26, 2024 to May 3, 2024 Presentations Held May 7, 2024 to May 15, 2024 Notice of Intent to Award Thursday, May 16, 2024 Proposed Award Date Friday, May 24, 2024 Agreement Begins Monday, July 1, 2024

2. Written Questions and Answers

a. Proposers may submit questions by email for clarification regarding this RFP to Roberta Kline at roberta.kline@dds.ca.gov any time before and up to Thursday, March 14, 2024, by 1:00 PM PT. All questions regarding this RFP will be shared via posting at the DGS Cal eProcure website. Written Questions and Answers will be posted on Cal eProcure on Thursday, March 21, 2024.

b. The subject line of the email should read, RFP HD249076 Questions – Company Name.

c. Written Questions and Answers will be provided without identifying the submitter. DDS may paraphrase questions at its sole discretion for clarity.

3. Cost Detail Format and Requirements

Use the Sample Cost Proposal Worksheet, Attachment 3, as a guide in preparing the cost proposal that shall be submitted in Microsoft EXCEL.

mailto:roberta.kline@dds.ca.gov

4. Submission of Proposal

Proposals must be submitted as set forth below.

a. Proposers must submit their proposal (Technical Proposal and Cost) via mail or delivery by the date and time specified in Section D, Proposal Requirements and Information, Item 1, Key action Dates. Proposal submission envelopes must be clearly marked with the RFP number and title – HD249076 Clients’ Rights Advocacy – and your firm’s name and address. Proposers must include one original hard copy of the Proposal and one additional electronic copy of the Proposal on a USB thumb drive (flash drive) with their submission. Mail or deliver proposals under sealed cover to:

Attn: Roberta Kline 1215 O Street, MS 10-10 Sacramento, Ca 95814

Proposals not submitted and marked as indicated will be rejected. Late proposal submissions will not be accepted – no exceptions.

b. All documents in the Proposal shall be in Microsoft WORD or portable documents format (PDF), except for the Cost portion, which shall be in Microsoft EXCEL.

c. 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 services described in Standard agreement, Exhibit A – Scope of Work, within the last five years.

d. Proposers must provide resumes for each professional staff member and subcontractor/proposer.

e. Proposers must include each item listed on Attachment 1 – Required Attachments Checklist, including the Checklist itself.

f. Proposals must be complete and accurate. Omissions, inaccuracies, or misstatements will be cause for rejection of a proposal.

g. If the proposal is made under a fictitious name or business title, the actual legal name of the proposer must be provided.

h. All proposals shall include the documents identified in Attachment 1 – Required Attachment Checklist. Proposals not including the proper “required attachments” shall be deemed nonresponsive. A nonresponsive proposal is one that does not meet the basic proposal requirements and will not be evaluated for consideration of award of this agreement.

i. All documents requiring a signature must bear a signature of a person authorized to bind the proposing firm.

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

k. A proposal will be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all proposals and may waive an immediate deviation in a proposal. The State’s waiver 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.

l. Costs incurred for developing proposals and in anticipation of award of the agreement, including any travel expenses incurred during the RFP process, are entirely the responsibility of the Proposer and shall not be charged to the State of California.

m. An individual who is authorized to bind the proposing firm contractually must sign the Attachment 2, Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal will be rejected.

Proposers will be required to provide evidence of their authorization to sign the Agreement to DDS.

n. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline as set forth in the Key Action Dates. Proposal modifications offered in any other manner, oral or written, will not be considered.

o. A proposer may withdraw its proposal by submitting a written withdrawal request to DDS, signed by the Proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the Final Date for Proposal Submission. Proposals may not be withdrawn without cause subsequent to the Final Date for Proposal Submission.

p. The awarding agency may modify the RFP prior to the date fixed for submission of proposals by issuing an addendum to all parties who received a proposal package.

q. DDS reserves the right to reject any or all proposals. In such instance, the agency is not required to award an agreement.

r. Where applicable, a proposer should carefully examine work sites and specifications. No increases to the cost bid submitted by any proposer will be allowed due to a proposer’s lack of careful examination of work site and specifications.

s. DDS may waive an immaterial deviation in a proposal. DDS waiver 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.

t. DDS will not accept single bids submitted by a joint proposer. Additionally, if a proposal is submitted by a subsidiary of another entity, the main entity must sign and be responsible for the Agreement.

u. DDS does not accept alternate contract language from any proposer. A proposal with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable.

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

5. Evaluation Process

a. Each proposal will be evaluated to determine responsiveness to the requirements and standards described in this RFP. A responsive proposal is one that meets or exceeds the requirement stated in this RFP.

b. Proposals that contain false or misleading statements, or that provide references which do not support an attitude or condition claimed by the Proposer, will be rejected.

c. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP. Proposals that meet the minimum qualifications will be evaluated and scored according to the criteria indicated below.

i. Preliminary Review

Proposals shall be date/time stamped upon receipt and shall remain sealed until after the Final Date for Proposal Submission. Proposals will be reviewed to determine completeness of required documentation and compliance as identified in this RFP. DDS staff will use the Attachment 1 – Required Attachment Checklist, submitted by the Proposer to confirm receipt of all required documents.

Proposal requirements will be evaluated on a “pass/fail” basis for all criteria and information. DDS may reject any or all proposals that fail to meet these requirements.

ii. Minimum Qualifications Evaluation

Upon satisfactory Preliminary Review, the Proposal will be reviewed to confirm the Proposer’s satisfaction of the Minimum Qualifications requirements. For proposals that satisfy the Minimum Qualifications, the Proposal will be evaluated by a team of DDS staff (evaluation team).

iii. Technical Proposal Evaluation

The evaluation team will independently score each proposer’s proposal using the Technical Proposal evaluation criteria as stated in Section 5, Evaluation Process, Scoring Rubric below.

Each proposal shall be awarded up to the maximum points available in each category for a maximum of 200 points available. The Proposal should provide the detail, completeness, clarity, relevance, and appropriateness of the experience as it relates to the needs of DDS as stated in this RFP.

iv. Presentations

Following initial scoring of the proposal, all proposals that meet the 70 percent minimum requirement will be scheduled for Presentation. Presentations will be via Zoom or Microsoft Teams. Proposers must provide a digital document of the presentation to roberta.kline@dds.ca.gov at least 48 hours prior to their presentation. The presentation shall include the presence of all key staff who will exercise a significant role under this Agreement. The oral presentation should not exceed 60 minutes, followed by 15 minutes for follow-up questions and answers by the DDS evaluation committee. The presentation will be evaluated and scored as a whole according to the criteria indicated below, with the scores being added to the proposal scores. Presentations will be scheduled in accordance with the Key Action Dates.

v. Cost Assessment and Scoring

The Sample Cost Proposal Worksheet in Microsoft Excel will be reviewed to verify mathematical accuracy and determine if there are any deviations in the Proposal. If a deviation is material, it can be cause for rejection. Immaterial deviations will be processed as if no deviation had occurred. Sample Cost Proposal Worksheets shall be evaluated and scored based on the total proposal cost for the term of the Agreement. The Proposer with the lowest cost proposal will be awarded the maximum number of points available (60 points), which is

30.0 percent of the total points available. The technical score is 55.5 percent (110 maximum possible points), and the presentation score is 15.0 percent (30 maximum points of the possible 140 points).

To be considered responsive and move on to the Presentation section, the proposal must achieve a minimum of 70.0 percent of the 110 maximum points available for the technical portion (77 points). Upon completion of the presentation, the Proposer must achieve a minimum of 98 points (70 percent of the proposal’s 140 maximum points) for both the Technical Proposal and Presentation sections.

Proposer’s cost score will be based on a proportional number of points as it relates to the total costs associated with the lowest responsive proposal multiplied by the maximum number of cost points.

The following shall be used to determine cost points (using $600,000, $650,000 and $675,000 as examples of Proposer’s Costs)

Lowest Proposer’s Cost ($600,000 X maximum cost points (60 points) divided by other Proposer’s Cost = cost points awarded to the other Proposer.

LOWEST COST PROPOSAL ($600,000) X 60 COST POINTS AVAILABLE

OTHER PROPOSAL COST

COST POINTS AWARDED TO OTHER PROPOSAL*

Table 1. Sample Cost Assessment

Proposer Proposal Cost

Calculation Points Awarded

A $675,000 $600,000 (Proposer B) X 60 (weight)/$675,000 (Proposer A) 53.3 B $600,000 $600,000 (Proposer B) X 60 (weight)/$600,000 (proposer B) 60.0 C $650,000 $600,000 (proposer B) X 60 (weight)/$650,000 (Proposer C) 55.3

*All points will be rounded to the nearest tenth of a point.

d. Award, if made, will be to the highest scoring, responsive, responsible proposer.

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SCORING RUBRIC

Proposer Name: ________________________

Evaluator Name: ________________________

Date Reviewed: _________________________

1. Administrative Evaluation Pass/Fail Proposal received by the date and time specified in the

RFP.

All applicable attachments identified on Attachment 1, Required Attachment Checklist were completed and submitted.

Work plan and schedule included in proposal package as specified in RFP.

Resumes included in proposal package as specified in

References included in proposal package as specified in

Technical Proposal Evaluation Possible

Points Earned Points

2. Clarity and Organization of Proposal Total Points:

Clarity, thoroughness, and organization of the proposal.

3. Qualification and Experience Total Points:

a. Proposer’s qualifications and experience indicate the expertise necessary to successfully perform the tasks specified in the agreement.

b. Proposer’s experience providing clients’ rights advocacy services.

c. Proposer’s knowledge and/or experience with the developmental disability system, California network of licensing and protective services agencies, and the educational system.

d. Contractor demonstrates experience working collaboratively with multiple agencies and stakeholder organizations.

e. Ability to provide services in locations throughout California and accessible to area regional centers.

4. Specific Area of Plan Total Points:

Demonstrates the following requirements in plan:

a. Management plan ensures effective administration of a client’s rights advocacy program and fiscal requirements of the agreement.

b. Ability to recruit, hire, and maintain sufficient qualified personnel to address statewide advocacy needs.

c. The plan identifies a process for collecting and reporting required data.

d. Ability to work cooperatively with DDS, RCs, and constituency groups.

e. Plan addresses the timely provision of direct services.

f. How well does the plan meet the cultural and linguistic needs of consumers, families, and legal representatives.

g. Plan provides for all training to occur throughout the year as specified in the agreement.

h. Evidence of work and/or educational experience with California and federal laws and regulations regarding client’s rights advocacy.

5. Proposer’s Presentation Total Points:

Demonstrates the following requirements in Presentation:

a. Provide a summary of the Proposer’s qualifications and experience and how they will work with individuals, their families, the regional centers, and community partners.

b. The Proposer demonstrates knowledge in meeting all the statutory, regulatory, and contractual requirements this agreement encompasses.

c. Knowledge of Fair Hearing Act, 4731 Appeals Process and Formal Complaints.

d. Knowledge of the Regional Center system. 5

e. Consultation and assistance to consumers and their families.

f. Process to recruit, hire, and train employees. 5

Subtotal 140

6. Costs/Budget (to be calculated by Contracts) 60

Grand Total 200

6. Award and Protest

a. Notice of the proposed award shall be posted in the same manner as the solicitation, on Cal eProcure, for five full working days prior to awarding the Agreement.

b. If any proposer, prior to the award of the Agreement, files a protest with DDS and the Department of General Services (DGS), Office of Legal Services (OLS), 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, on the grounds that the (protesting) proposer would have been awarded the Agreement had the agency correctly applied the evaluation standard in the RFP, or if DDS followed evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter. It is suggested that you submit any protest by certified or registered mail.

c. Within five (5) days after filing the initial protest, the protesting proposer shall file with DGS OLS and DDS a detailed statement specifying the grounds for the protest. The written protest must be sent to DGS OLS, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605. A copy of the detailed written statement must be emailed to roberta.kline@dds.ca.gov.

7. Disposition of Proposals

a. Upon proposal opening, all documents submitted in response to the RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (GC Section 6250 et seq.), and subject to review by the public when the documents are no longer considered to be working documents. This occurs once an agreement has been awarded or the State choose not to award an agreement to any of the Proposers.

b. Proposal packages may be returned only at the proposer’s expense unless such expense is waived by the awarding agency.

8. Agreement Execution and Performance

a. The Agreement will be executed only upon DDS acceptance of all documents required by this RFP. The Agreement is attached and by virtue of submitting a proposal, the Proposer agrees to the terms and conditions stated herein. The terms and conditions stated herein shall not be negotiated by a contractor at any time – prior to or after agreement execution – except at the discretion of the State.

b. Service shall not start sooner than the Agreement start date specified in Section D, Proposal Requirements and Information, Item 1. Key Action Dates, or the express date set by DDS and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, DDS, upon five days’ written notice to the Contractor, reserves the right to terminate the Agreement. Commencement of work prior to final approval of the Agreement is at the risk of the Contractor. The Contractor may not receive any payment for work performed prior to final approval of the Agreement. In addition, the Contractor shall be liable to the State for the difference between the Contractor’s cost worksheet and the actual cost of performing work by another Contractor.

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

E. Preference 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 purpose only and do not alter the actual cost offered by the Proposer.

A Small Business (SB)/Microbusiness (MB) and/or 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

1. Small Business (SB) Preference Program

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

b. California Government Code (GC) Section 14835, et seq. requires that a five percent preference be given to proposers who certify as a SB/MB. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

c. The SB preference provides certified SBs and MBs a calculation preference in the amount of five percent of the highest scored, responsible, and responsive proposal submitted by a proposing firm who is not a certified small business. The SB preference is used as a calculation for determining the highest score and does not affect the actual price proposed.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS

d. Details about the Small Business Preference program can be found at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise.

2. Target Area Contract Preference Act (TACPA)

a. Preference will be granted to California-based proposers in accordance with GD Section 4530 whenever an agreement for goods and/or services is more than $100,000 and the Proposer meets certain requirements as defined in the California Code of Regulations (Title 2, Section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Proposers desiring to claim the TACPA preference shall refer to Attachment 8, STD 830, and Attachment 9, DGS PD 526 for the links to obtain the appropriate form(s). Proposers desiring to claim TACPA shall complete STD 830 and submit with their proposal.

b. Proposers are not required to apply for the TACPA preference. Denial of TACPA preference requests is not a basis for rejection of the Proposal. Agreements awarded with applied preference will be monitored throughout the life of the Agreement for compliance with statutory, regulatory, and contractual requirements. The State will take appropriate corrective action and apply sanctions as necessary to enforce the preference program.

3. DVBE Requirements and Incentive

a. DVBE Program Participation

i. The Disabled Veteran Business Enterprise (DVBE) Participation Program requirements for this solicitation have been waived. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. DDS requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

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

iii. For certification and preference approval process information, contact OSDS by telephone at (196) 375-4940 or access OSDS Internet website at Office of Small Business and Disabled Veteran Business Enterprise Services (ca.gov).

b. DVBE Incentive

i. Firms voluntarily utilizing DVBE subcontractors can have an incentive applied based on their level of DVBE participation identified in the proposal response, not to exceed five percent of the available cost points. Proposals with DVBE participation of more than five percent will be calculated with a five percent incentive.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

The incentive shall be applied as follows:

Confirmed DVBE

Participation Level of Incentive Applied

(Except Cost Points) 5% or Over 5% of available points 4% to 4.99% Inclusive 4% of available points 3% to 3.99% Inclusive 3% of available points 2% to 2.99% Inclusive 2% of available points 1% to 1.99% Inclusive 1% of available points Under 1% None

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

iii. A signed Disabled Veteran Business Enterprise Declarations DGS PD 843 must be submitted with the Proposal response. The fill and print form is available at this link:

STD. 843 (Rev. 11/2005) (ca.gov). The form must be completed if a proposer is a DVBE or subcontracts to a DVBE.

iv. The DVBE incentive is computed from the lowest responsive and responsible proposal price.

v. If the awarded contractor has a certified DVBE perform an element of work for the Agreement, within 60 days of expiration of the Agreement, the awarded contractor shall complete a Prime Contractor’s DVBE Subcontracting Report (ca.gov) (STD

817) and submit to DDS.

vi. SB 588 requires an awarding department to withhold $10,000, or the full payment if it is less than $10,000, from the final payment on an agreement until certification is received by the awarding department regarding DVBE participation and payment.

The awarding department gives a prime contractor that fails to meet those certification requirements 15 to 30 days to cure the defect. If not, the final payment is permanently deducted.

4. Non-Small Business Preference Request

a. A five percent proposal preference of the highest scored responsible and responsive proposal submitted is available to a non-small business claiming 25 percent California certified SB/MB subcontractor participation. If claiming the non-small business subcontractor preference, the Proposal must include a list of the SB/MBs with which the Proposer commits to subcontract in an amount of at least 25 percent of the net proposal price with one or more California certified SB/MBs. Each listed certified SB/MB must perform a commercially useful function in the performance of the agreement as defined in GC Section 14837 (d)(4)(A).

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

b. The required list of California certified SB subcontracts must be provided on Attachment 14, Bidder Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name 2) address 3) phone number 4) a description of the work to be performed and/or products supplied 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

c. In granting the Non-Small Business Preference, no cost proposal will be reduced. This preference is for proposal evaluation purposes only and does not alter the actual cost offered by the Proposer.

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

F. Required Attachments

Refer to Attachment 1, Required Attachment Checklist for additional required attachments that are a part of this solicitation. Exclusion of any required attachments may result in proposer’s disqualification.

Attachment 3 is the Proposed Sample Cost Worksheet. The sample worksheet provides a representative sample of items that could be in the Proposer’s budget. Add items as necessary.

Ensure that an annual budget is displayed for a three-year original term agreement and two optional one-year extensions (3+1+1).

Ensure that the Personnel Services, Operations Expenses, Consultant/Subcontractors, Travel Costs, and Administrative Overhead columns add down to a Total Contract cost line as this number is part of the evaluation system to award the agreement. List all personnel positions and their assigned regional center and use the average annual wages for each position.

Present your data in an EXCEL spreadsheet, adding supplemental sheets to provide additional detail of your expenses in each category as needed.

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

Proposer’s Name _________________________________ Please print clearly or type.

A complete proposal or proposal package will consist of the items defined below.

Complete, sign, and date at the bottom of this checklist to confirm the items in your proposal. Please initial or place a check mark in the Submitted to DDS box next to each item that you submit to DDS.

For your proposal to be responsive, all required attachments, including the signed checklist, must be returned with your proposal submission. Electronic signatures are acceptable for all documents.

Requirements Description Submitted to

DDS

Attachment 1 Required Attachment Checklist Attachment 2 Proposal/Proposer Certification Sheet Attachment 3 Cost Proposal Worksheet (Submitted in separate file) Attachment 4 Proposers References Attachment 5 Payee Data Record (STD 204) and Payee Data Record

Supplement (STD 205 *)

Attachment 6 Contractor’s Certification Clauses (CCC 04/2017) Attachment 7 CA Small Business Certification * Attachment 8 Target Area Contract Preference Request (TACPA) (STD 830) * Attachment 9 Bidder’s Summary of Contract Activities and Labor Hours (DGS

PD 526) *

Attachment 10 California Disabled Veteran Business Enterprises (DVBE) Declarations (DGS PD 843) *

Attachment 11 Darfur Contracting Act Certification (DGS PD 1)* Attachment 12 Iran Contracting Act Verification Form (DGS PD 3) (If agreement is over $800,000.00) *

Attachment 13 Insurance Certificate(s) (per Exhibit D, Section 10) ** Attachment 14 Bidders Declaration (DGS PD 05-105) Attachment 15 CA Civil Rights Laws Certification – required for agreements over

$100,000.00

Attachment 16 Business Associate Agreement (BAA) or Health Insurance Portability and Accountability Act (HIPAA) **

Attachment 17 • Copy of unexpired California city or county business license (if applicable); or an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

• California Secretary of State Certification of Status.

Attachment 18 Proposal Preferences and Incentives Certification *Submit only if applicable. ** These documents are not required with the proposal but are required upon award of the contract.

Authorized Signature and Title Date

ATTACHMENT 2 – PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer Certification Sheet must be signed and returned along with all the “Required Attachments" as an entire package with digital signatures. The cost proposal must be transmitted in a separate sealed envelope in accordance with RFP instructions.

A. Our all-inclusive proposal is submitted as detailed in Attachment 3, Sample Cost Proposal

Worksheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

An Unsigned Proposal/Proposer Certification Sheet may be Cause for Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Proposer’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

a. California Small Business Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter your certification number below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

Completion Instructions for Proposal/Proposer Certification Sheet

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation.

The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13 Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veteran Business Enterprise, place a check in the "Yes" box and enter your certification number on the line. If you are not certified to one or both, place a check in the "No" box.