IFB_2167_In-Person_ASL_Interpreting_Services.pdf

INVITATION FOR BID (IFB) 2167

In-Person American Sign Language (ASL) Interpreting Services

August 28, 2026

You are invited to review and respond to the Department of Developmental Services (DDS) Invitation for Bid (IFB) 2167, In-Person American Sign Language (ASL) Interpreting 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.

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 Article V. 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.

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

Department of Developmental Services

IFB 2167

Contents

CONTENTS

I. DESCRIPTION OF SERVICES

II. AGREEMENT PERIOD

III. BIDDER ELIGIBILITY CRITERIA

IV. BIDDER REQUIREMENTS AND MINIMUM QUALIFICATIONS

V. KEY ACTION DATES

VI. QUESTIONS AND ANSWERS

VII. SUBMISSION OF BID

VIII. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

IX. EVALUATION

X. AWARD AND PROTEST

XI. DISPOSITION OF BIDS

XII. AGREEMENT EXECUTION AND PERFORMANCE

XIII. GENERATIVE ARTIFICIAL INTELLIGENCE DISCLOSURE NOTIFICATION

XIV. PARTICIPATION, PREFERENCE, AND INCENTIVE PROGRAMS

1. DVBE PROGRAM PARTICIPATION

2. DVBE INCENTIVE

3. SMALL BUSINESS (SB) PREFERENCE PROGRAM

4. NON-SMALL BUSINESS PREFERENCE REQUEST

EXHIBITS

EXHIBIT A–SCOPE OF WORK

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS………………………23

EXHIBIT C–GENERAL TERMS AND CONDITIONS

EXHIBIT D–SPECIAL TERMS AND CONDITIONS

EXHIBIT E–ADDITIONAL TERMS AND CONDITIONS

EXHIBIT F–SEXUAL HARASSMENT PREVENTION POLICY……………………...37

EXHIBIT G–CONFIDENTIALITY AND INFORMATION SECURITY

REQUIREMENTS………………………………………………………………………...45

EXHIBIT H–ANTI-NEPOTISM POLICY………………………………………………..60

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

ATTACHMENT 7 - CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

ATTACHMENT 8 - DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1)*

ATTACHMENT 9 - INSURANCE ACKNOWLEDGEMENT………………………………..68

ATTACHMENT 10 - CONFIDENTIALITY AND INFORMATION SECURITY

REQUIREMENTS

ATTACHMENT 11 - CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION (DGS OLS

04)

ATTACHMENT 12 - BIDDER REFERENCES

ATTACHMENT 13 - MINIMUM CERTIFICATION REQUIREMENTS……………………72

ATTACHMENT 14 - BIDDING PREFERENCES AND INCENTIVES

ATTACHMENT 15 - DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DECLARATIONS (DGS PD 843)*

ATTACHMENT 16 - CALIFORNIA CERTIFIED SMALL BUSINESS

(SB)/MICROBUSINESS (MB)/DISABLED VETERAN BUSINESS ENTERPRISE

(DVBE) CERTIFICATION*……………………………………………………………………74

ATTACHMENT 17 - CALIFORNIA SECRETARY OF STATE CERTIFICATION OF

STATUS*………………………………………………………………………………………..74

I. DESCRIPTION OF SERVICES

The Contractor shall provide qualified in-person American Sign Language (ASL) interpreting services to support the Department's communication access needs for meetings, trainings, events, and other official business throughout California. See Exhibit A, Scope of Work (SOW) for a complete description of services.

II. AGREEMENT PERIOD

The Agreement will be from an anticipated start date of October 21, 2026, through September 30, 2029.

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.

III. BIDDER ELIGIBILITY CRITERIA

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

2. 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 “Specially Designated Nationals and Blocked Persons List” (SDN List).

3. 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 who have had an agreement terminated, for cause, with DDS in the past 18 months may be disqualified.

This restriction extends to all entities for which the Bidders’ representatives have been responsible in whole or in part (e.g., making decisions, managing operations).

4. Executive Order N-6-22- Russian Sanctions

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

5. The Disabled Veteran Business Enterprise (DVBE) Participation Program requirements for this solicitation have been exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. Please see Article XIV, Items 1. and 2. DVBE Program Participation and Incentive.

IV. BIDDER REQUIREMENTS AND MINIMUM QUALIFICATIONS

Licenses 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 term 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. Bidders must submit a valid certification for each interpreter proposed to perform services under this agreement.

Please see Attachment 13 for a complete list of acceptable certifications to meet the minimum qualifications.

V. KEY ACTION DATES

The dates and times below are important 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 August 28, 2026 Final Date for Submission of Written Questions September 8, 2026 @ 3:00 PM Response to Written Questions (Tentative) September 17, 2026 Final Date for Bid Submission September 28, 2026 @ 3:00 PM Public Bid/Cost Opening September 30, 2026 @ 09:30 AM Anticipated Agreement Start Date October 21, 2026

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.

VI. QUESTIONS AND ANSWERS

1. Bidders may submit questions for clarification of the content of this IFB to

Jonathan.Louie@dds.ca.gov no later than the date and time specified in Article V., Key Action Dates. The Bidder must reference the section and page number about which they are inquiring.

2. Written Questions and Answers will be provided without identifying the submitter. At DDS’ sole discretion, DDS may paraphrase questions for clarity.

3. Questions must be submitted in writing by the date for Written Questions Submittal Deadline specified in Article V. Key Action Dates.

4. DDS will answer questions at its sole discretion.

5. Questions and Answers will be posted on Cal eProcure.

VII. SUBMISSION OF BID

All bids must be received either emailed in portable document format (PDF) to Jonathan.Louie@dds.ca.gov or mailed under sealed envelope by the date and time specified in Article V. Key Action Dates. DDS reserves the right to cancel this IFB without cause at any time prior to award.

1. Email Bid Submission Requirements:

a. Email subject lines must include the IFB number, Title, and be marked:

Bid for In-Person ASL Interpreting Services – IFB 2167.

mailto:Jonathan.Louie@dds.ca.gov https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

b. 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.

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

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

e. 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.

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

g. 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.

2. Mail or Delivery Bid Submission Requirements:

a. The sealed envelope must be plainly marked: BID for In-Person ASL Interpreting Services – IFB 2167, Attention: Jonathan Louie, Contracts Unit – DO NOT OPEN and deliver to the address below:

Department of Developmental Services Contracts Unit

Attn: Jonathan Louie 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 signature) 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 Article V. 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 Jonathan.Louie@dds.ca.gov.

b. 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 nonresponsiveness is justification for rejection.

c. 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.

d. 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.

e. 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.

f. 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.

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

h. 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.

i. 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.

j. 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.

k. 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.

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

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

n. 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 02/2025) are not negotiable.

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

VIII. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

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.

The bid submission package must include the following required forms fully completed and signed:

1. ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST – is to be used to confirm compliance with the bid submission requirements. The checklist must be fully completed and submitted as the cover to your bid package.

2. ATTACHMENT 2 – BIDDER CERTIFICATION SHEET – This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package.

3. ATTACHMENT 3 – COST WORKSHEET – must be completed and submitted. The cost sheet must contain the proposed bid cost for Total Cost.

4. ATTACHMENT 4 – CONTRACTOR POINT OF CONTACT – must be completed in its entirety.

5. ATTACHMENT 5 – PAYEE DATA RECORD (STD 204) AND PAYEE DATA

RECORD SUPPLEMENT (STD 205) – the STD 204 must be completed with original signature. The STD 205 is only completed if applicable.

6. ATTACHMENT 6 – BIDDER DECLARATION FORM (GSPD-05-105) –

must be completed and submitted with original signature.

7. ATTACHMENT 7 – CONTRACTOR CERTIFICATION CLAUSES – must be signed and dated with original signature.

8. ATTACHMENT 8 – DARFUR CONTRACTING ACT CERTIFICATION

FORM – must be fully completed, signed, and dated with original signature.

9. ATTACHMENT 9 – INSURANCE ACKNOWLEDGEMENT – must be completed and signed.

10. ATTACHMENT 10 – CONFIDENTIALITY AND INFORMATION SECURITY

REQUIREMENTS – must be completed and signed.

11. ATTACHMENT 11 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

(DGS OLS 04)

12. ATTACHMENT 12 – BIDDER REFERENCES

13. ATTACHMENT 13 – MINIMUM CERTIFICATION REQUIREMENTS

The following documents must be included with the bid submission if applicable:

1. ATTACHMENT 14 – BIDDING PREFERENCES AND INCENTIVES

2. ATTACHMENT 15 – DISABLED VETERAN BUSINESS ENTERPRISE

(DVBE) DECLARATIONS (DGS PD 843) *

3. ATTACHMENT 16 – CALIFORNIA CERTIFIED SMALL BUSINESS

(SB)/MICROBUSINESS (MB)/DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION* – Proof of current and valid certification through DGS Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS).

4. ATTACHMENT 17 – 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).

IX. EVALUATION

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

2. 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.

3. 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 Article V. Key Action Dates. Questions will not be allowed.

4. To request an invitation to the Cost Opening, please email request to Jonathan.Louie@dds.ca.gov by Final Date for Bid Submission identified in Article V. Key Action Dates.

5. 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.

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

X. AWARD AND PROTEST

1. The Agreement shall be awarded based on the responsive and responsible bidder submitting the lowest Total Rates on Attachment 3 – Cost Worksheet.

2. Award, if made, will be within 90 days – if no protest of the award is received

– after the scheduled date for the Intent to Award. If a protest is received, the Award, if made, will be after the protest is resolved.

3. 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.

4. 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 7-330 West Sacramento, CA 95695 Email: OLSProtests@dgs.ca.gov

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

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 Jonathan.Louie@dds.ca.gov.

XI. DISPOSITION OF BIDS

1. 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 (GC Section 6250 et seq.)

and subject to review by the public.

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

XII. AGREEMENT EXECUTION AND PERFORMANCE

1. Services shall commence 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.

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

mailto:OLSProtests@dgs.ca.gov

3. Should it become necessary to modify the terms of the resulting agreement, those modifications may be made through a written amendment. An agreement amendment shall not be effective unless it is in writing and until fully executed by both parties.

4. The Agreement will not include a hard copy of the General Terms and Conditions (Exhibit C, GTC-02/2025); 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

XIII. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) NOTIFICATION

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

Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

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

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

XIV. 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.

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

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 Business Enterprise 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/Apply-for-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 Section 14837 (d)(4) and California Military and Veterans Code (MVC) Section 999 (B). Commercially Useful Function

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 DVBE businesses whenever possible.

DVBEs 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/Services/Page-Content/Procurement-Division-Services-List- Folder/Apply-for-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

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:

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

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 Disabled Veteran Business Enterprise Declaration - DGS PD 843 must be submitted with the Bid response. The fill and print form 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.

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 subcontractors must be provided on Attachment 6, 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.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/Forms?search=817&topicCategoryFilters=&audienceCategoryFilters=&sort=relevance&activeFilters=&page=1 https://www.dgs.ca.gov/PD/Forms?search=817&topicCategoryFilters=&audienceCategoryFilters=&sort=relevance&activeFilters=&page=1

3. Small Business (SB) Preference Program

a. Current law encourages state departments to first consider an 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 an 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/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/Apply-for-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 Section 14837(d)(4).

a. The required list of California certified SB contractors must be provided on Attachment 6, 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.

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

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.

EXHIBIT A–SCOPE OF WORK

I. DESCRIPTION OF SERVICES

1. Contractor shall provide the Department of Developmental Services (Department) with high-level specialized in-person interpreting services in American Sign Language (ASL) for meetings and complex communication assignments, on an as-needed basis as described herein.

2. Contractor shall support communication access for Deaf, DeafBlind, Deaf Disabled, Hard of Hearing, and Late-Deafened (DDBDDHHLD) individuals.

3. Contractor shall provide services to applicants, employees, and participants in job-required activities, including but not limited to internal employee meetings, public meetings, trainings, conferences, and sight translation assignments.

II. CONTRACTOR RESPONSIBILITIES:

A. Service Provision

1. The Contractor shall provide in-person certified ASL interpreting services on an as-needed basis. The Contractor shall use a Certified and/or Deaf Interpreter (CDI/DI) for sight translations services.

2. The communication modes for services provided may include, but are not limited to, American Sign Language (ASL), Trilingual Services (ASL, English, and other language), Oral Communication, ProTactile, Tactile or Close Vision Communication, Lip-reading, sight translation (documents and web-based content) and Voice to Text Services, which provide spoken or signed communication in English text format, or by any such means as may be required to provide language access to persons who are DDBDDHHLD.

B. Staffing Requirements

1. The Contractor shall provide master-level ASL interpreters and shall consider specialized assignments based on the specific needs of each request. The interpretation must convey the full message, including concepts, tone, and intent with minimal omissions or additions.

Interpreter's skill level should match the complexity of the request, including, but not limited to, presentations interpreting, voicing interpreting, or other specialized communication access needs.

2. Special attention to detail shall be reviewed and applied in the fulfillment of all requests.

C. Operational Requirements

1. The Contractor shall be in business for the primary purpose to provide sign language interpreting services for persons who are DDBDDHHLD.

2. Contractor shall provide, maintain, and ensure proper functioning of any equipment necessary to deliver services.

3. Contractor shall ensure continuous and uninterrupted service delivery.

III. SERVICE REQUEST REQUIREMENTS

1. The Department will request an ASL interpreter at minimum 72 hours in advance, when possible.

2. For requests submitted at least 72 hours in advance, the Contractor shall confirm interpreter availability in writing within 48 hours of receipt of the request.

3. If the Contractor is unable to fulfill the request, the Contractor shall notify the

Department in writing within 48 hours of receipt of the request.

4. For requests submitted less than 72 hours in advance, including same-day or expedited requests, the Contractor shall make reasonable efforts to secure an interpreter and confirm availability or inability to fulfill the request as soon as possible.

IV. MULTIPLE INTERPRETER ASSIGNMENTS

1. Contractor shall provide two interpreters for assignments exceeding one hour, as needed for breaks and longer assignments.

2. Contractor shall assign additional interpreters upon request to ensure service quality and continuity.

V. LOCATION OF SERVICES

Contractor shall provide in-person services throughout the State of California as required by the Department.

Sacramento, greater Los Angeles, and Fresno are the most common locations needing coverage by the Contractor.

VI. SERVICE AVAILABILITY

1. Contractor shall provide in-person services Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time.

2. Contractor shall provide services outside standard business hours, including weekends and extended hours, when required by the Department, excluding State-observed holidays. Current State-observed holidays are New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Farmworkers Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day as outlined in the California Department of Human Resources website: State Holidays.ca.gov

VII. INTERPRETER QUALIFICATIONS

1. Contractor shall certify and provide a copy of one of the following certifications for each interpreter under this Agreement to meet the minimum qualifications.

Acceptable Registry of Interpreters for the Deaf (RID) Certifications

• National Interpreter Certification (NIC) Advanced

• National Interpreter Certification (NIC) Master

• Certified Deaf Interpreter (CDI)

Acceptable Legacy Certifications (No Longer Issued – Still Valid)

• Specialist Certificate: Legal (SC:L)

• Certificate of Interpretation (CI)

• Certificate of Transliteration (CT)

• National Association of the Deaf (NAD) Level IV

• National Association of the Deaf (NAD) Level V

2. The following credentials do satisfy the Department’s minimum qualification needs for rank-and-file staff and/or interns and do not satisfy the Department’s minimum qualification needs for Executive-level staff.

• NAD Level III https://www.calhr.ca.gov/employees/Pages/state-holidays.aspx

3. The following credentials do not satisfy the Department’s minimum qualification requirement:

• Uncertified Interpreters

• Educational Interpreter Performance Assessment (EIPA) score below

4.0

The Educational Interpreter Performance Assessment (EIPA) is an assessment instrument used to evaluate interpreters in K–12 educational settings and is not a professional interpreting certification. Because it is designed specifically for educational environments involving children, it is not considered equivalent to RID certification. However, if an EIPA credential is presented for consideration in an educational setting, the interpreter shall have achieved a minimum score of 4.0.

4. Contractor shall prioritize assignment of interpreters holding National Association of the Deaf (NAD) Level IV or above certification for each request. If such interpreters are not available, Contractor shall assign the highest-qualified available interpreter meeting RID certification requirements.

5. Contractor shall ensure assigned interpreters demonstrate proficiency in professional-level ASL–English interpretation and sight translation, as required for the assignment.

6. Contractor shall ensure that assigned interpreters are familiar with Department terminology and possess an understanding of the communities served by the Department. The Department will share meeting materials in advance of the assignment where possible. Any materials shared should be treated as confidential and not shared with any outside parties.

7. Dress code: The Department shall advise the Contractor when there are dress code requirements for a specific assignment. Absent direction from the Department, assigned ASL interpreters shall exercise care when choosing clothing and present themselves professionally and in an unobtrusive manner.

VIII. STANDARD NOTIFICATION OF CANCELLATIONS/BILLING RATE

1. Contractor shall not bill for cancellation of services if the Department notifies the Contractor of the cancellation at least 24 hours prior to the assignment date and time.

2. The Department shall make every effort to notify the Contractor at least 48 hours in advance should a scheduled request be cancelled. If a cancellation is given to the Contractor with less than 24 hours’ notice, the Department may be charged 50% for the scheduled time. If the Department has not received an interpreter confirmation email from the Contractor at the time of cancellation, the Department shall not incur any billing.

IX. DISQUALIFICATION OF SIGN INTERPRETERS

1. The Department may, at its election, request a replacement interpreter if an assignment is not satisfactory to meet its needs. If the Department exercises this option and replacement sign language interpreter(s) cannot be provided in a timely manner for the originally scheduled assignment, the Department may elect to cancel the request at no charge.

2. If Contractor fails to fill interpreter requests (“no fill”) more than five times within an Agreement year, the Department may consider this a material breach and grounds for cancellation of the Agreement. The Department reserves the right to determine whether circumstances warrant cancellation.

X. CONTACTS

Direct all scheduling inquiries to:

Department Contractor: TBD Name: Name:

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

Either party may provide updated contact information by giving written notice to the other party. Said changes shall not require an amendment to this Agreement.

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in Attachment 3 – Cost Worksheet. The Proposer will be paid in arrears within 45 days of receipt of an approved invoice. The invoice shall be submitted via email monthly, no later than the 11th day of the following month.

Invoices must be submitted via email to: TBD

II. BUDGET CONTINGENCY CLAUSE

It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

III. PROMPT PAYMENT CLAUSE

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

IV. TAXES

The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. California may pay any applicable sales or use tax imposed by another state.

V. TRAVEL AND PER DIEM

If travel is a reimbursable item, necessary travel expenses and per diem rates must not exceed the rates specified by the California Department of Human Resources (CalHR) for comparable classes of state employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

If air travel is allowed, “claims for transportation by scheduled airline shall be allowed at the lowest fare available in conformity with the regular tariffs for scheduled airlines in effect on the date the flight originated. Claims for reimbursement of higher fares or extra charges for transportation by scheduled airline may be allowed if accompanied by a full explanation stating the facts constituting the official necessity.”

EXHIBIT C–GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTC 02/2025) will be included in the contract by reference to web site 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/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

EXHIBIT D–SPECIAL TERMS AND CONDITIONS

I. CONTRACTOR OVERPAYMENTS

If it is determined that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) requesting in writing that Contractor refund the overpayment amount within 30 days after receipt of notice; or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment is not received within 30 days from the date of notice.

II. ACCOUNTING REQUIREMENTS

Contractor shall establish an accounting system using generally accepted accounting principles that will provide information for reports to the State and which will provide documentation for the fiscal activities of the organization related to this agreement. The accounting system must include adequate cost accounting procedures that will provide accurate costing for contractual amendments, and for any other costs incurred which relate to payment claimed by Contractor.

III. INSURANCE REQUIREMENTS

Contractor shall have and maintain throughout the entire term of this agreement or any extension thereof insurance appropriate to the work to be performed, providing coverage during any performance by the Contractor under this agreement. This insurance shall be for general liability and/or professional liability and/or any other form as may be proper in the industry in which the Contractor is performing under this agreement.

Contractor agrees that the liability insurance herein provided for shall be in effect at all times during the term of this agreement. If insurance coverage expires at any time during the term of this agreement, Contractor agrees to provide, at least 30 days before said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement or for a period of not less than one year. New Certificates of Insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to such approval. The State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event.

Certificate(s) of insurance must include the following general provisions stating:

The Contractor shall comply with all the requirements outlined in Insurance Requirements and General Provisions. No payments will be made under this agreement until contractor fully complies with all requirements.

Coverage Term – Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least 10 days prior to the expiration of this insurance.

Any new insurance must comply with the original terms of the Agreement.

Policy Cancellation or Termination & Notice of Non-Renewal – The Contractor is responsible to notify the State within five business days of any cancellation, non-renewal, or material change that affects required insurance coverage. Certificates of Insurance are subject to the approval of the Department of General Services (DGS) and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event the Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event, subject to the provisions of this agreement.

Premiums, Assessments and Deductibles – The Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program. DDS will not be responsible for any premiums or assessment on the policy.

Primary Clause – Any required insurance contained in this agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A_” with a financial category rating of no lower than VII.