HD249078_IFB_with_Sample_Agreement.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

INVITATION FOR BID (IFB) HD249078

Translation, Interpretation, Transcription and Captioning Services

June 12, 2024

You are invited to review and respond to the Department of Developmental Services (DDS) Invitation for Bid (IFB) HD249078, Translation, Interpretation, Transcription and Captioning Services. In submitting your bid, you must comply with the instructions found herein.

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

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

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

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. Bidder must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet this requirement will result in disqualification.

Bidders, including the Bidders’ representatives such as executives, officers, board members, and agents, must be responsible and have the capability to carry out the terms in this IFB. Bidders or bidders’ 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 Bidders’ 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 exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. Please see Section E, Items 1. and 2. DVBE Program Participation and Incentive.

http://www.dds.ca.gov/ https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Department of Developmental Services

IFB HD249078

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

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

Executive Order N-6-22- Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contactor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

(Rest of page left blank intentionally) https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

A. Contents A. Background and Purpose B. Scope of Work

1. Agreement Term C. Bidder Minimum Qualifications

1. Administrative Requirements

2. License and Certifications

D. Bid Requirements and Information

1. Key Action Dates

2. Written Questions and Answers

3. Submission of Bid

4. Evaluation and Selection Process

5. Award and Protest

6. Disposition of Bids

7. Agreement Execution and Performance

E. Participation, Preference, and Incentive Programs

1. DVBE Program Participation

2. DVBE Incentive

3. Small Business (SB) Preference Program

4. Non-Small Business Preference Request

5. Target Area Contract Act (TACPA)

F. Required Attachments

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2

BIDDER CERTIFICATION SHEET

ATTACHMENT 3

COST WORKSHEET

ATTACHMENT 4

CONTRACTOR POINT OF CONTACT

ATTACHMENT 5

PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD SUPPLEMENT (STD 205*)

ATTACHMENT 6

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

ATTACHMENT 7

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

ATTACHMENT 8

CALIFORNIA SECRETARY OF STATE CERTIFICATION OF STATUS*

ATTACHMENT 9

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS (DGS PD 843)*

ATTACHMENT 10

DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1)*

ATTACHMENT 11

IRAN CONTRACTING ACT OF 2010 (DGS PD 3)*

ATTACHMENT 12

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (DGS OLS 04)

ATTACHMENT 13

TARGET AREA CONTRACT PREFERENCE ACT (TACPA) (STD 830)*

ATTACHMENT 14

BIDDER’S SUMMARY (DGS PD 526)*

ATTACHMENT 15

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE & FACTSHEET (STD 1000)

ATTACHMENT 16

BIDDING PREFERENCES AND INCENTIVES

ATTACHMENT 17

INSURANCE ACKNOWLEDGEMENT

ATTACHMENT 18

STATEMENT OF ASSURANCES FOR PROTECTION OF PROTECTED HEALTH INFORMATION

(HIPAA) ACKNOWLEDGEMENT

ATTACHMENT 19

BIDDER REFERENCES

G. Standard Agreement

1. Exhibit A – Scope of Work

2. Exhibit A Attachment 1 – Code of Ethics, Professional Conduct, and Confidentiality

3. Exhibit B – Budget Detail and Payment Provisions

4. Exhibit B Attachment 1 – Cost Worksheet

5. Exhibit C – General Terms and Conditions (GTC 04/2017)*

6. Exhibit D – Special Terms and Conditions

7. Exhibit E – Sexual Harassment Prevention Policy

8. Exhibit F – State of Assurances for Protection of Protected Health Information

9. Exhibit G – DDS Policy Memorandum #423

A. Background and Purpose

The Department of Developmental Services (DDS) is responsible for overseeing the coordination and delivery of services and supports to over 40,000 Californians with developmental disabilities, including cerebral palsy, intellectual disability, autism, epilepsy, and related conditions.

DDS is required to provide equal access to its programs, services, and activities to all people that have limited-English proficiency in accordance with the Dymally-Alatorre Bilingual Services Act (Government Code Section 7290-7299.8), Title VI of the Civil Rights Act of 1964, Executive Order 13166 (“Improving Access to Services for Persons with Limited English Proficiency”), and Section 1557 of the Patient Protection and Affordable Care Act (including its implementing regulations in Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 to ensure equal access to its programs, services, and activities for people with disabilities, including providing auxiliary aids and services to assist in effective communication.

It is DDS’ policy to provide equal employment opportunity to all employees and job applicants, including providing reasonable accommodations to qualified individuals with disabilities to enable them to perform the essential functions of their position and participate in all aspects of the employment process.

B. Scope of Work

1. Contractor shall provide written translation, oral interpretation, telephonic interpretation, captioning, and transcription services for DDS on an as-needed basis.

2. Contractor shall provide services to individuals and groups of varying size, either on-site, at various locations and venues throughout California, or virtually, as specified by DDS.

3. Contractor and all assigned service providers (translators, interpreters, captioners, transcribers, etc.) shall provide services in a manner consistent with Attachment A to Exhibit A, “Code of Ethics, Professional Conduct, and Confidentiality.”

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

1. Agreement Term

The term of the Agreement will be from July 8, 2024, or whenever fully executed, whichever is later through June 30, 2026. The rates in Exhibit B – Attachment 1, Cost Worksheet will not increase as a result of any amendment to this agreement. This agreement may be terminated by DDS with a 30-day written notice to the Contractor.

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

C. Bidder Minimum Qualifications

To be responsive to this IFB, the following requirements must be met.

NOTE: Bid submissions that do not meet the IFB requirements as stated may be rejected.

Bidder must complete, sign (where applicable), and return all attachments, including any required supporting documents (e.g., references, certifications, licenses, insurance acknowledgement, Secretary of State) necessary to validate the Bidder’s qualifications.

1. Administrative Requirements

a. Bidders must provide a copy of their unexpired California city or county business license (if applicable); or, if their corporation is located within the State of California, incorporation documents; or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

b. Complete and submit all required attachments listed on Attachment 1, Required Attachment Checklist.

c. Attachment 2, Bidder Certification Sheet must be signed by an individual authorized to bind the business contractually and must identify the title or position that the individual holds in the business.

d. Bidder shall be a firm that has been in business at least three years within the last five years performing the type of services as those outlined in this IFB for other private, state, or governmental agencies.

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

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

f. Bidders must maintain all applicable business licenses during the course of this agreement.

2. License and Certifications

a. Bidders shall obtain, at their expense, all licenses or permits required by law for accomplishing any work required in connection with this agreement.

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

c. Before agreement execution, the awardee must provide proof of insurance as described in Exhibit D, Section 10, Insurance Requirements.

See the Standard Agreement, Exhibit A, Scope of Work (SOW) for a complete list of minimum qualifications and license requirements for each type of service.

D. Bid Requirements and Information

1. Key Action Dates

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

Event Date/Time IFB available to Bidders Tuesday June 11, 2024 Final Date for Submission of Written Questions

Tuesday, June 18, 2024 at

1:00 PM PT

Response to Written Questions Posted

Friday, June 21, 2024

Final Date for Bid Submission Thursday, June 27, 2024 at

1:00 PM PT

Public Bid/Cost Opening Friday, June 28, 2024 at 9:00

AM PT

Anticipated Agreement Start Date Monday, July 8, 2024 (or upon approval)

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

2. Written Questions and Answers

a. Bidders may submit questions for clarification of the content of this IFB to Roberta.Kline@dds.ca.gov no later than the date and time specified in Section D, Bid Requirements and Information, 1. Key Action Dates.

mailto:Roberta.Kline@dds.ca.gov

b. The Bidder must reference the section and page number about which they are inquiring.

c. Written Questions and Answer will be provided without identifying the submitter. At

DDS’ sole discretion, DDS may paraphrase questions for clarity.

d. Questions submitted in writing by the date for Written Questions Submittal Deadline specified in Section D Bid Requirements and Information, Item 1. Key Action Dates will be answered at DDS’ option.

e. Questions and Answers will be issued via an addendum to this IFB to Cal eProcure.

3. Submission of Bid

a. All bids must be received either emailed in portable document format (PDF) to

Roberta.Kline@dds.ca.gov or mailed under sealed envelope by the date and time specified in Section D, Bid Requirements and Information, Item 1. Key action Dates.

LATE BID SUBMISSIONS WILL NOT BE ACCEPTED – NO EXCEPTIONS.

b. Email Bid Submission Requirements:

i. Email subject lines must include the IFB number, Title, and be marked: Bid for

Translation, Interpretation, Transcription and Captioning – IFB HD249078.

ii. DDS reserves the right to consider emailed responses as properly “sealed.”

Responses will only be considered if they are sent to the email address listed in this IFB. IFB responses sent to any other email address will not be considered.

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

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

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

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

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

c. Mail or Delivery Bid Submission Requirements:

i. The sealed envelope must be plainly marked: BID for Translation, Interpretation, Transcription and Captioning – IFB HD249078, Attention: Roberta Kline, Contracts Unit – DO NOT OPEN and deliver to the address below:

Contracts Unit Attn: Roberta Kline

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

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

Mail or deliver bids to the address shown above. Neither the postmark on the Bid response envelope nor receipt in the Department of Developmental Services (DDS) Mailroom will constitute timely delivery. Any bid received and time stamped in the DDS Mailroom on or before the date and time specified in Section D, Bid Requirements and Information, Item 1. Key action Dates is considered timely delivery. It is the policy of DDS to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting Roberta.Kline@dds.ca.gov.

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

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

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

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

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

i. Costs incurred for developing bids and in anticipation of award of the Agreement are entirely the responsibility of the Bidder and shall not be charged to DDS.

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

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

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

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

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

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

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

4. Evaluation and Selection Process

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

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

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

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

e. Award of an agreement resulting from this IFB will be made to the lowest responsive and responsible bidder.

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

5. Award and Protest

a. The Agreement shall be awarded based on the responsive/responsible bidder submitting the lowest Total Evaluated Cost on Attachment 3 – Cost Worksheet.

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

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

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

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

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

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

6. Disposition of Bids

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

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

7. Agreement Execution and Performance

a. Services shall on the express date set by DDS and the Contractor after all approvals have been obtained and the Agreement is fully executed. The Agreement will be executed only upon the State’s acceptance of the Contractor’s certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed upon time, DDS – upon five days’ written notice to the Contractor – reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to DDS for the difference between contractor’s bid price and the actual cost of performing work by the second lowest bidder, or another contractor.

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

c. Should it become necessary to modify the terms of the resulting agreement, those modifications may be made through a written amendment to the Agreement to the extent allowable by State Contracting Manual (SCM). Volume 1, Chapter 5, Section

5.81. An agreement amendment shall not be effective unless it is in writing and until fully executed by both parties.

d. The Agreement will not include a hard copy of the General Terms and Conditions (Exhibit C, GTC-04/2017), they will be incorporated by reference and made part of this agreement and can be viewed here: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

E. Participation, Preference, and Incentive Programs

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

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

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

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

Each listed California certified SB, MB, and DVBE contractor, subcontractor, or supplier must perform a “commercially useful function” (CUF) in the performance of a distinct element of the Agreement as defined in GC §14837 (d)(4) and California Military and Veterans Code (MVC) Section 999 (B). Commercially Useful Function 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.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 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/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

1. DVBE Program Participation

The DVBE Participation Program requirements for this solicitation have been exempted.

However, DDS is committed to achieving legislatively established goals for the participation of DVBEs and seeks to use certified DVBW business whenever possible. Therefore, DDS requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

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 Bid Submission and OSDS must be able to approve the application as submitted.

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

(916) 375-4940 or access OSDS Internet website at https://www.dgs.ca.gov/PD/About/Page- Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS

2. DVBE Incentive

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

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

DVBE Participation Level Incentive Applied 5% or More 5% 4% to 4.99% 4% 3% to 3.99% 3% 2% to 2.99% 2% 1% to 1.99% 1%

Under 1% No Incentive

a. The incentive is subject to a minimum of one percent and a maximum of five percent.

Bids with DVBE participation of more than five percent will be calculated with a five percent incentive.

b. A signed Disable Veteran Business Enterprise Declaration SGD PD 843 must be submitted with the Bid response. The fill and print for is available at this link:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The form must be completed if a proposer is a DVBE or subcontracts to a DVBE.

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

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

d. If the awarded contractor has a certified DVBE perform an element of work for the

Agreement, within 60 days of expiration of the Agreement, the awarded contractor shall complete a Prime Contractors Certification - DVBE Subcontractors Report (STD 817) and submit to DDS.

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

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

3. Small Business (SB) Preference Program

a. Current law encourages state departments to first consider a 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. Section 14835, et seq., of the California Government Code requires that a five percent preference be given to bidders who certify as a SB/MB. The rules and regulations of this law are contained in Title 2, California Code of Regulations, § 1896, et seq. A copy of the regulation is available upon request.

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

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

4. Non-Small Business Preference Request

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

https://www.dgs.ca.gov/PD/Forms?search=817&topicCategoryFilters=&audienceCategoryFilters=&sort=relevance&activeFilters=&page=1 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

a. The required list of California certified SB contractors must be provided on Attachment

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

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

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

5. Target Area Contract Act (TACPA)

a. Preference will be granted to California based contractors in accordance with GC § 4530 whenever an agreement for goods and/or services is in excess of $100,000 and the Bidder meets certain requirements as defined in California Code of Regulations (Title 2, § 1896.30) regarding labor needed to product the goods or provide the services being procured.

b. Bidders desiring to claim the TACPA preference shall completed Attachment 12, STD Form 830 and Attachment 13, DGS PD 526 and submit with the Bid. Denial of TACPA preference requests is not a basis for rejection of the Bid.

c. Bidders are not required to apply for the TACPA preference. 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.

F. Required Attachments

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

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ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

Bidder’s Name: ___________________________________ (Please print clearly or type.)

A complete bid or bid package will consist of the items identified below.

Complete, sign, and date this checklist to confirm the items in your bid. Please initial or place a check mark or “X” in the Submitted to DDS box next to each item that you submit to DDS. For your bid to be responsive, all required attachments, including this signed checklist, must be returned with your bid submission. Further review is subject to DDS discretion.

Requirement Description Submitted to DDS

Attachment 1 Required Attachment Checklist Attachment 2 Bidder Certification Sheet Attachment 3 Cost Worksheet Attachment 4 Contractor Point of Contact Attachment 5 Payee Data Record (STD 204) and Payee Data

Record Supplement (STD 205*)

Attachment 6 Contractor Certification Clauses (CCC 04/2017) Attachment 7 Bidder Declaration (Written) (GSPD-05-105) Attachment 8 California Secretary of State Certification of Status*

Attachment 9 Disabled Veteran Business Enterprise (DVBE) Declarations (DGS PD 843)*

Attachment 10 Darfur Contracting Act Certification (DGS PD 1)*

Attachment

Iran Contracting Act Verification Form (DGS PD 3) (If agreement is over $800,000.00)*

Attachment

California Civil Rights Laws Certification (DGS OLS 04)

Attachment

Target Area Contract Preference Act Preference Request for Goods and Services Solicitations

(TACPA) (STD 830)*

Attachment 14 Bidder’s Summary (DGS PD 526)*

Attachment

Generative Artificial Intelligence (GenAI) Disclosure & Factsheet (STD 1000)

Attachment 16 Bidding Preferences and Incentives

17 Insurance Acknowledgement

Statement of Assurances for Protection of Protected Health Information (HIPAA) Acknowledgment

Attachment 19 Bidder References

Additional Requirements

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.

Additional Requirements

California Certified SB/MB and/or DVBE Certification (provide copy)

*Submit only if applicable.

Authorized Signature and Title Date

ATTACHMENT 2

BIDDER CERTIFICATION SHEET

Bidder’s Name: ___________________________Please print clearly or type.

Complete and return this attachment with the Bid Submission. An individual authorized to bind the bidding firm contractually shall sign Attachment 2, Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned Bidder Certification Sheet may be rejected.

A. Our all-inclusive cost is submitted as detailed in Attachment 3, Cost Worksheet.

B. All required attachments are included with this certification sheet and the Bid Submission.

C. Bidder includes resumes for all psychiatrists available to begin work upon agreement execution.

D. Our firm has been in business for at least three years within the last five years, routinely performing the type of services as those outlined in this IFB for other public or private entities.

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

1. Company Name 2. Telephone

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. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and Disabled

Veteran Business Enterprise Services (OSDS) 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 OSDS, if an application is pending:

Completion Instructions for Bidder Certification Sheet

Complete the numbered items on the Bidder Certification Sheet by following the instructions below.

Item Numb ers

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.

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 SB, place a check in the "Yes" box, and enter your certification number on the line. If certified as a DVBE, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

COST WORKSHEET

Costs are all-inclusive and include labor, additional fees, and any other associated cost necessary to provide the contracted services. DDS does not expressly or by implication agree that the actual amount of work will be guaranteed and reserves the right to omit portions of the work as may be deemed necessary. The rates bid below by the Contractor shall be binding on the Contractor for the term of the Agreement. Any amendments to the Agreement will adhere to rates bid below. Fees not included in the rate column will not be compensated.

Complete the table below by filling in the amount to be charged for each service listed. Add up the total of rates for each service to arrive at a total rate. The lowest total rate shall be awarded the contract at the rates provided.

Service Billing Rate Written Translation

Arabic Per Word Armenian Per Word

Cambodian, Mon-Khmer Per Word Chinese (Simplified) Per Word

Chinese (Traditional) Per Word Hmong Per Word Korean Per Word

Lao Per Word Persian Per Word Russian Per Word Spanish Per Word Tagalog Per Word

Vietnamese Per Word Total

American Sign Language

In-Person Per Hour Video Remote Interpretation Per Minute

Certified Deaf Interpreter In-Person Per Hour

Video Remote Interpretation Per Minute

In-Person Interpretation: Consecutive*

Arabic Per Hour Armenian Per Hour

Cambodian, Mon-Khmer Per Hour

Chinese (Cantonese) Per Hour Chinese (Mandarin) Per Hour

Hmong Per Hour Korean Per Hour

Lao Per Hour Persian Per Hour Russian Per Hour Spanish Per Hour Tagalog Per Hour

Vietnamese Per Hour Total

*Includes summary and sight translation modes.

In-Person Interpretation: Simultaneous Arabic Per Hour

Armenian Per Hour Cambodian, Mon-Khmer Per Hour

Chinese (Cantonese) Per Hour Chinese (Mandarin) Per Hour

Hmong Per Hour Korean Per Hour

Lao Per Hour Persian Per Hour Russian Per Hour Spanish Per Hour Tagalog Per Hour

Vietnamese Per Hour

Video Remote Interpretation

Arabic Per Minute Armenian Per Minute

Cambodian, Mon-Khmer Per Minute Chinese (Cantonese) Per Minute

Chinese (Mandarin) Per Minute Hmong Per Minute Korean Per Minute

Lao Per Minute Persian Per Minute Russian Per Minute Spanish Per Minute Tagalog Per Minute

Vietnamese Per Minute

Telephonic Interpretation Per Minute

Armenian Per Minute

Cambodian, Mon-Khmer Per Minute Chinese (Cantonese) Per Minute

Chinese (Mandarin) Per Minute Hmong Per Minute Korean Per Minute

Lao Per Minute Persian Per Minute Russian Per Minute Spanish Per Minute Tagalog Per Minute

Captioning: Real-Time

Armenian Per Minute

Cambodian, Mon-Khmer Per Minute Chinese (Cantonese) Per Minute

Chinese (Mandarin) Per Minute Hmong Per Minute Korean Per Minute

Lao Per Minute Persian Per Minute Russian Per Minute Spanish Per Minute Tagalog Per Minute

Captioning: Pre-Recorded

Armenian Per Minute

Cambodian, Mon-Khmer Per Minute Chinese (Cantonese) Per Minute

Chinese (Mandarin) Per Minute Hmong Per Minute Korean Per Minute

Lao Per Minute Persian Per Minute Russian Per Minute Spanish Per Minute Tagalog Per Minute

Audio/Video Transcription

Armenian Per Minute

Cambodian, Mon-Khmer Per Minute Chinese (Cantonese) Per Minute

Chinese (Mandarin) Per Minute Hmong Per Minute Korean Per Minute

Lao Per Minute Persian Per Minute Russian Per Minute Spanish Per Minute Tagalog Per Minute

Braille Transcription Per Page

Grand Total

All rate fields are required to be completed. Any rate field left blank will be considered a rate of $0 for that service.

Charges

A. Contractor shall bill for actual work performed according to the supplied rates listed above.

B. Contractor’s rates shall be inclusive of charges for mileage, parking, and tolls.

C. If the duration of an in-person or remote interpretation assignment exceeds the time frame specified by DDS, Contractor shall bill additional time worked in 30-minute increments.

D. For assignments greater than 5 hours, assigned personnel shall be required to take an unpaid lunch break of at least 30 minutes.

ATTACHMENT 4

CONTRACTOR POINT OF CONTACT

Bidder’s Name: ___________________________________________________ Please print clearly or type.

The contact person regarding this IFB is:

Name and Title:

Address:

Email:

Phone Number:

Mobile:

If awarded an agreement, the Project Coordinator for services will be:

Phone Number:

Mobile:

If awarded an agreement, direct all agreement inquiries to:

Phone Number:

Mobile:

If awarded an agreement, the name of the company officer authorized to sign the Agreement is:

ATTACHMENT 5

PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD SUPPLEMENT (STD 205*)

Payee Data Record (STD 204) is required and must be submitted.

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

*Only use Payee Data Record Supplement (STD 205) to provide a remittance address if different from the mailing address for information returns, or to make subsequent changes to the remittance address.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

ATTACHMENT 6

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

ATTACHMENT 7

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

All bidders must complete the Bidder Declaration (Written) GSPD-05-105 and include it with the Bid Submission. When completing the declaration, bidders must identify all subcontractors proposed for participation in the Agreement. Bidders awarded an agreement are obligated contractually to use the subcontractors for the corresponding work identified unless DDS agrees to a substitution, and it is incorporated by amendment into the Agreement.

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

ATTACHMENT 8

CALIFORNIA SECRETARY OF STATE CERTIFICATION OF STATUS*

California Secretary of State Certification of Status is required if your company is a corporation, limited liability company (LLC), or limited partnership (LP). Required document(s) may be obtained at the following website:

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

ATTACHMENT 9

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS (DGS PD 843)*

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://bizfileonline.sos.ca.gov/search/business

ATTACHMENT 10

DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1)*

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

ATTACHMENT 11

IRAN CONTRACTING ACT OF 2010 (DGS PD 3)*

If applicable, Proposers must complete the Iran Contracting Act Certification and include it with the proposal response if the contract is over $800,000.00.

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

ATTACHMENT 12

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (DGS OLS 04)

http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf

DGS OLS 04 is required if your bid is $100,000 or more.

ATTACHMENT 13

TARGET AREA CONTRACT PREFERENCE ACT (TACPA) (STD 830)*

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

ATTACHMENT 14

BIDDER’S SUMMARY (DGS PD 526)*

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf

ATTACHMENT 15

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) DISCLOSURE & FACTSHEET (STD 1000)

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

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

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

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

http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf http://www.documents.dgs.ca.gov/dgs/fmc/dgs/ols004.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Upon receipt of a bidder GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final agreement or reject bids that present an unacceptable level of risk to the State.

*Submit only if applicable

NOTE: The fill and print forms are available at the links provided. Please email (contract analyst email address) if you are unable to access the links provided. Attachments 5, 6, 7, 11, and 14 must be submitted with the Bid.

mailto:lisette.fowler@dds.ca.gov

ATTACHMENT 16

BIDDING PREFERENCES AND INCENTIVES

THE BIDDER MUST COMPLETE ALL SECTIONS BELOW AND SUBMIT WITH…