IFB_24-10243_-_Medical_Staffing_Agreement_for_PH_Response.pdf

TOMÁS J. ARAGÓN, MD, DrPH GAVIN NEWSOM

Director and State Public Health Officer Governor

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

October 17th, 2024

Invitation for Bid 24-10243

Medical Staffing Agreement for Public Health Response

You are invited to review and respond to this Invitation for Bid (IFB), entitled Medical Staffing Agreement for Public Health Response, 24-10243. The anticipated initial term of this agreement shall be from December 2nd, 2024, or upon final DGS approval, through November 30th, 2027, and at the discretion of CDPH, may be amended twice for an additional one (1) year each time. The total term of the agreement including the two (2) one (1) year amendments shall not exceed five (5) years. In submitting your bid, you must comply with the instructions found herein.

California Law requires Disabled Veteran Business Enterprise (DVBE) participation. CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers. Including out-of-state firms must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

A voluntary Pre-Bid Conference will be held on Friday, October 25th, 2024, at 1 PM (PT). See the Solicitation for more details.

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:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of Department of Public Health (CDPH), this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

California Department of Public Health Attn: Greg Hester Centralized Contract Services Unit 1616 Capitol Avenue, MS 1802 Sacramento, CA 95814 Phone: 279-667-2191 Fax: 916-650-0110 Email address: greg.hester@cdph.ca.gov

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

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Center for Infectious Disease IFB 24-10243

TABLE OF CONTENTS

PURPOSE AND DESCRIPTION OF SERVICES

1. Purpose

2. Description of Services

BIDDER MINIMUM QUALIFICATIONS

BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

2. Submission of Bid

3. IFB Response Requirements

4. Bid Opening Location (include additional instructions if needed)

5. Evaluation and Selection

6. Award and Protest

7. Disposition of Bids

8. Agreement Execution and Performance

PREFERENCE PROGRAMS

1. California Certified Small Business and Preference(s) Information

2. Target Area Contract Preference Act

3. Combined preferences

4. Commercially Useful Function

BUSINESS PARTICIPATION PROGRAM REQUIREMENTS

1. Disabled Veteran Business Enterprise (DVBE) Incentive

2. DVBE Compliance and Verification

3. CDPH Advocate

SUBCONTRACTORS

REQUIRED ATTACHMENTS

SAMPLE AGREEMENT

ATTACHMENTS

Attachment 1 Bidder Cover Page Attachment 2 Required Attachment / Certification Checklist Attachment 3 CDPH Bidder Qualifications Checklist (Sample) Attachment 4 Business Contact Sheet Attachment 5 Business Information Sheet Attachment 6 Payee Data Record and Supplement (STD 204 & 205) Attachment 7 Bidder Declaration (GSPD-05-106) Attachment 8 Contractor Certification Clauses (CCC 04/2017) Attachment 9 Mandatory Generative Artificial Intelligence (GenAI) Disclosure & Factsheet

Form (STD 1000) Attachment 10 Bidder References Attachment 11 Commercially Useful Function (CUF) Certification Attachment 12 Disabled Veteran Business Enterprise Declarations Attachment 13 Darfur Contracting Act Attachment 14 California Civil Rights Laws Attachment Attachment 15 Iran Contracting Act Verification Form Attachment 16 Target Area Contract Preference Act (TACPA)

EXHIBITS

Exhibit A-1 Sample STD 213 Agreement Exhibit A Scope of Work Exhibit B Budget Details and Payment Provisions Exhibit B-1 Cost Sheet Exhibit D Special Terms and Conditions Exhibit E Additional Provisions Exhibit F Federal Terms and Conditions Exhibit F-1 Federal Emergency Management Agency (FEMA) Provisions Exhibit G HIPAA Business Associate Addendum Exhibit H Resumes Exhibit I Contractor’s Release

PURPOSE AND DESCRIPTION OF SERVICES

1. The contractor will work in partnership with the California Department of Public Health (CDPH), Center for Infectious Diseases’ (CID’s) Office of Infectious Disease Prevention and Response, in coordination with other CDPH programs, local health departments and other stakeholders to provide medical and support personnel for public health response to emerging threats and increased testing and vaccination needs across California. The contractor will provide services for public health response efforts as well as planned health events.

2. Description of Services

Bids must address all the services described in the Exhibit A entitled, “Scope of Work”.

Contractor agrees to provide services for public health response efforts.

The amount of budgeted for this agreement shall not exceed $10,000,000.00 (***Ten Million Dollars and Zero Cents***). Any bids over this amount will be deemed non-responsive.

BIDDER MINIMUM QUALIFICATIONS

The following minimum requirements refer to the actual person(s) who will be conducting the above-mentioned services. Responses must contain all requested information and conform to the format described in Section C.3 – IFB Response Requirements. It is the Bidders responsibility to provide all necessary information for the State to evaluate the response, verify requested information and determine the Bidders ability to perform the tasks and activities as defined above in paragraph A. 2, and the Exhibit A – Scope of Work. Please supply enough detail to clearly establish that the individual(s) meet the four (4) minimum qualifications listed below:

Number Qualification

1 Six years of experience providing medical staffing, vaccination, testing or test-to-treat services.

2 In possession (or submitted application) of a federal CLIA waiver and state registration/license for low complexity laboratory testing.

3 In possession of at least one enrolled account in the California Immunization Registry (CAIR) with proof of CAIR Org Code.

All Proposers. Including out-of-state firms must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

BID REQUIREMENTS AND INFORMATION

1. Key Action Dates

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Key Action Dates Date(s) Time Release Date of IFB 10/17/2024 Pre-Bid Conference 10/25/2024 at 1 PM (PT) Questions Due 10/29/2024 by 3 PM (PT) Question/Answer Summary Posted 11/5/2024 by 3 PM (PT) Bid Due Date 11/12/2024 by 3 PM (PT) Bid Opening 11/13/2024 10 AM (PT) Notice of Intent to Award 11/19/2024 (est.)

Anticipated Contract Start Date 12/2/2024 or upon final DGS approval, whichever is later

a. The initial term of this agreement shall be from December 2nd, 2024, or upon final DGS approval, through November 30th, 2027, and at the discretion of CDPH, may be amended twice for an additional one (1) year each time. The total term of the agreement including the two (2) one (1) year amendments shall not exceed 5 years.

Any price increase shall be submitted to and approved by CDPH within 60 days prior the termination of the contract. Any proposed price increase shall be limited to the lessor of 3% or the California Weighted Average, Consumer Price Index (CPI) as published by the California Department of Finance (DOF). Consideration to amend shall be consistent with the terms of the original offer that was assessed and considered during the IFB assessment process. Contract amendments are subject to the satisfactory performance of the Contractor under the agreement and funding availability.

No amendment or variation of the terms of the agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding not incorporated in the agreement is binding on any parties on any of the parties.

b. In the opinion of CDPH, this Invitation for Bid (IFB) is complete and without need of explanation. If CDPH receives questions regarding the content of this IFB, all questions must be typed, numbered, and submitted electronically via email to greg.hester@cdph.ca.gov. All questions must be received on or before the date and time detailed under Section C.1 – Key Action Dates. Questions submitted by this date may be answered at the State’s discretion. Answers will be made available as an addendum under the solicitation for posting for general access. Questions received after the due date will not be considered.

c. Pre-Bid Conference

CDPH will conduct a voluntary Pre-Bid Videoconference on the date and time stated in the section entitled, “Time Schedule.” To participate in the Videoconference, go to https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting and enter Meeting ID 239 225 396 366, along with Passcode 6sFMYA.

Participants may also use a touch-tone telephone to dial +1 916-306-8051, and then enter the Phone conference ID 904 455 725#.

Prospective bidders that intend to submit a Bid are encouraged to participate in the voluntary Pre-Bid Videoconference. It shall be each prospective proposer’s responsibility to join the Videoconference promptly at the time stated in the Key Action Dates above.

CDPH reserves the right not to repeat information for participants that join the Videoconference after it has begun.

If a potential prime contractor is unable to attend the voluntary Pre-Bid Videoconference, an authorized representative of its choice may attend on its behalf.

The representative may only sign-in for one potential prime contractor. Subcontractors may represent a potential prime contractor at the voluntary Pre-Bid Videoconference.

The voluntary Pre-Bid Videoconference is a public event or meeting and anyone can join.

The purpose of the Videoconference is to:

1) Allow prospective bidders to ask questions about the services sought or IFB requirements and/or instructions.

2) Share the answers to general questions and inquiries received before and during the Videoconference.

Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on CDPH unless later confirmed in writing.

Carefully review this IFB before the Videoconference date to become familiar with the qualification requirements, scope of work and Bid content requirements.

Videoconference attendees are encouraged to have their copy of this IFB available for viewing during the Videoconference.

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

If CDPH is unable to respond to all inquiries received before and/or during the Videoconference, CDPH will provide written answers shortly thereafter. CDPH reserves the right to determine which inquiries will be answered during the Videoconference and which will be answered later in writing.

After the Videoconference, CDPH will summarize all general questions and issues raised before and during the Videoconference and post the questions to Cal eProcure. If an inquiry appears to be unique to a single firm or is marked “Confidential”, CDPH will mail, email, or fax a response only to the inquirer if CDPH concurs with the inquirer’s claim that the inquiry is sensitive or proprietary in nature. If CDPH does not concur, the inquiry will be answered in the manner described herein and the inquirer will be so notified. Inquiries and/or responses that CDPH agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted.

To the extent practical, inquiries shall remain as submitted. However, CDPH may consolidate and/or paraphrase similar or related inquiries.

Videoconference attendees are responsible for their costs to attend/participate in the Videoconference. Those costs cannot be charged to CDPH or included in any cost element of a Bidder’s price offering.

2. Submission of Bid

a. All bids must be submitted under sealed cover and sent to Department of Public Health, Centralized Contract Services Unit by dates and times shown in Section C, Bid Requirements and Information, Item 1. Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", and mailed or delivered to the following address:

b. Bids not submitted under sealed cover may be rejected. A minimum of three (3)

IFB # 24-10243 Medical Staffing Agreement for Public Health Response Attention: Greg Hester Department of Public Health 1616 Capitol Avenue MS 1802 Sacramento, CA 95814

DO NOT OPEN UNTIL PUBLIC OPENING

TIME SENSITIVE BID

DUE BY NOVEMBER 12th by 3 PM (PT) copies of the bid must be submitted.

c. All bids shall include the documents identified in this IFB as Required Attachment Checklist (see Attachment 2). Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

d. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

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. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

g. Costs for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

h. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

i. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

j. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

k. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

l. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

n. Where applicable, bidder should carefully examine work sites and specifications.

Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

o. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

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

q. Bidder must complete and submit to the awarding agency the Payee Data Record (STD 204) and, if necessary, Payee Data Record Supplement (STD 205), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. These forms can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf and http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf,respectively. No payment shall be made unless a completed STD 204 and STD 205 (if necessary) has been returned to the awarding agency.

r. Bidder must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at: Standard Contract Language (ca.gov).

3. IFB Response Requirements

The Respondent’s response to this IFB will be made part of the agreement resulting from this IFB (as described in Exhibit E). Responses must contain all requested information and conform to the format described in this section. It is the Respondent’s responsibility to provide a detailed response, all necessary information for the State to evaluate the response, verify requested information, and determine the Respondent’s ability to perform the tasks and activities as defined in Exhibit A – Scope of Work (SOW), the qualification stated in Section B of this solicitation, and the terms and conditions detailed herein. The following contents must be included with your response:

a. Provide a detailed response to requested services identified in Exhibit A, Scope of Work. Additionally, responses should outline how a vendor meets the criteria detailed in Section B of this Solicitation. This response should not be any longer than fifteen (15) 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 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf 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 typed pages in minimum 11-point font.

b. Complete and return Exhibit B-1 Cost Worksheet.

c. A copy of the resume for each identified member of the contractor’s team, detailing experience meeting the State’s requirements.

d. List of references (Attachment 10 – Bidder References) for projects of similar size and scope. Please include a contact name, phone number and email address foreach company listed.

e. Provide a current copy of your Small Business certification status with the Department of General Services, Office of Small Business Certification and Resources (OSBCR).

f. Submit a copy of a valid business license to do business California. If applicable, provide copy of a contractor’s license.

g. Provide copy of insurance as referenced in Exhibit E.

h. Complete, sign and return the following:

1) Attachment 2 – Required Attachment Checklist

2) Attachment 4 – Bidder Contact Sheet

3) Attachment 5 – Business Information Sheet

4) Attachment 6 - STD 204 Payee Data Record &, if necessary, STD 205 Payee Data Record Supplement

5) Attachment 7 – Bidder Declaration Form (GSPD-05-106)

6) Attachment 8 - Contractor Certification Clauses (CCC 04/2017)

7) Attachment 9 – Mandatory Generative Artificial Intelligence (GenAI) Disclosure & Factsheet Form (STD 1000)

California Law requires Disabled Veteran Business Enterprise (DVBE) participation.

CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers. Including out-of-state firms must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

8) Attachment 10 – Bidder References - for projects of similar size and scope. Please include a contact name, phone number and email address foreach company listed.

9) Attachment 11 – Commercially Useful Function (CUF) Certification

10) Attachment 12 – Disabled Veteran Business Enterprise Declarations (STD 843), if necessary

11) Attachment 13 - Darfur Contracting Act Form (DGS PD 1)

12) Attachment 14– California Civil Rights Certification

13) Attachment 15 – Iran Contracting Act Verification Form

14) Attachment 16 – Target Area Contract Preference Act (TACPA) Preference Forms, if necessary

4. Bid Opening Location (include additional instructions if needed)

California Department of Public Health 1616 Capitol Avenue, Room TBD Sacramento, CA

5. Evaluation and Selection

a. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

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

c. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

d. Award if made, will be to the lowest responsive responsible bidder.

e. In the event of a tie score, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

6. Award and Protest

a. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

c. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the Department of Public Health on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

7. 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 (Government Code Section 6250 et seq.) and subject to review by the public.

b. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

8. Agreement Execution and Performance

a. Performance shall start not later than the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

PREFERENCE PROGRAMS

The following Preference Programs can be applied for qualifying bidders.

1. California Certified Small Business and Preference(s) Information

SMALL BUSINESS PREFERENCES AND CERTIFICATION

Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Small Business Nonprofit Veteran Services Agencies (SB/NVSA) prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the five percent (5%) small business preference. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation.

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date and the OSDS must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

SMALL BUSINESS REGULATIONS

The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section1896 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 9/09/04. The new regulations can be viewed 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. Access the regulations by clicking on the “Small Business California Code of Regulations” in the Authority section. For those without internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services (OSDS) at (916) 375-4940.

SMALL BUSINESS PARTICIPATION REPORTING REQUIREMENTS

Per Government Code 14841, if a contract/purchase order is awarded from this solicitation with a commitment from the prime bidder to achieve small business participation, the contractor must within sixty (60) days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) report to the 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 awarding department the actual percentage of small business participation achieved.

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California Certified small business subcontractor participation. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation.

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 twenty-five percent (25%) of the net bid price with one of more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDS at (916) 375-4940.

2. Target Area Contract Preference Act

a. Government Code (GC) Section 4530 (TACPA) provide that California based companies shall be granted a 5% preference whenever a state agency prepares a solicitation for services in excess of $100,000. The preference(s) shall apply if the worksite is not fixed by the government agency and the proposer can demonstrate and certify, under the penalty of perjury, that at least 90% of the total labor hours required to perform the services shall be performed at an identified worksite located in a distressed area (TACPA). TACPA preferences will only be applied if this procurement results in more than one responsive proposal receiving a passing narrative proposal score.

b. Additional work force preferences ranging from 1% to 4% can be earned by eligible proposers that agree to hire 5% to 20% of persons with a high risk of unemployment orthose living in a targeted employment area to perform a specified percentage of the contract work.

c. The granting of TACPA preference cannot displace an award to a certified small business.

d. Proposers seeking TACPA preference must submit a completed STD 830 - Target Area Contract Preference Act Request, Bidders Summary (DGS-PD-526) and Manufacturers Summary (DGS-PD-525) with their proposal. Complete Attachment 12.

e. TACPA preference cannot be granted if:

1) The lowest proposed cost does not equal or exceed $100,000 for the entire term, or

2) The work site or any part thereof is fixed or preset by the State, or

3) The services involve construction or a public works project or

f. A proposer who has claimed a TACPA preference and is awarded the contract will be obligated to perform in accordance with the preference(s) requested, provided the preference was granted in obtaining the contract. Firms receiving preference must:

1) Report their labor hours to the State and

2) Reference the state contract on which the award is based for the specific reporting requirements.

g. Proposers wishing to learn more about TACPA requirements, designated work site(s) or in California should contact the appropriate office of the Department of General Services at tacpa@dgs.ca.gov. DGS will attempt to determine TACPA eligibility within 5 working days.

3. Combined preferences

The maximum preference or score addition that any proposer may be granted for preference, non-small business subcontractor preference, DVBE Incentive, TACPA preference, preference combined is 15% of the bid amount or $100,000, whichever is less.

Any firm that claims and is granted non-small business subcontractor preference, DVBE Incentive, TACPA preference cannot displace an award to a certified small business or microbusiness.

4. Commercially Useful Function

Only State of California, Office of Small Business and DVBE Services certified DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. Bidders are to verify each DVBE subcontractor’s certification mailto:tacpa@dgs.ca.gov with OSDS to ensure DVBE eligibility.

Definition of Commercially Useful Function: California Code of Regulations, Title 2, § 1896.61(l) The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

A. Is responsible for the execution of a distinct element of the work of the contract.

B. Carries out the obligation by actually performing, managing, or supervising the work involved.

C. Performs work that is normal for its business services and functions.

D. Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable and making payment.

E. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

The CDPH Advocates listed herein can be contacted to provide assistance in identifying DBVE vendors that may perform a commercially useful function applicable to the scope of this solicitation.

BUSINESS PARTICIPATION PROGRAM REQUIREMENTS

1. Disabled Veteran Business Enterprise (DVBE) Incentive

This Agreement is subject to a participation goal of three percent (3%) certified California Disabled Veteran Business Enterprises (DVBE) as set forth in Public Contract Code Sections 10115, et seq. Further information 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.

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

In accordance with section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who exceed the DVBE program requirement. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-106 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

The following incentive award will apply. Incentive points will be applied to the non-cost points section for evaluation purposes.

Confirmed DVBE Participation of: DVBE Incentive 5% or Over 5%

4% to 4.99% Inclusive 3% 3.5% to 3.99% Inclusive 1%

For awards based on low price, the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the lowest responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

An explanation of the Disabled Veteran Enterprise Program (DVBE) Incentive can be found at the Internet web site DVBE Program Requirements - DGS.CA.gov.

2. DVBE Compliance and Verification

Written Confirmation:

A written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. The written confirmation must include the solicitation number and be signed by the Bidder and DVBE subcontractor(s). The written confirmation shall include but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment and total amount to be paid to the DVBE.

Failure to submit signed confirmations shall render the bid non-responsive. If further verification is necessary, the state will obtain additional information to verify compliance with

California Law requires Disabled Veteran Business Enterprise (DVBE) participation. CDPH policies require DVBE participation of 3-percent on all contracts exceeding $5,000. All Proposers. Including out-of-state firms must comply with California’s DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

https://www.dgs.ca.gov/-/media/8B524DA41A3E46B3ADBC69D8D7725E02.ashx the above requirements.

Disabled Veteran Business Enterprise Declarations (Std. 843):

Per the Military and Veterans Code Section 999.2, this form must be completed and signed by all disabled veteran owner(s) and disabled veteran manager(s) when a DVBE contractor or subcontractor will provide materials, supplies, service, or equipment. The completed form should be included with the bid response. Should the form not be included with the IFB, contact the State contracting official to obtain a copy online from the Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS) website at Office of Small Business and Disabled Veteran Business Enterprise Services (ca.gov) .

At the States’ option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

DVBE Subcontractor Substitution

The supplier understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran business Enterprise (DVBE) subcontractor(s) identified in their bid offer, per Military and Veterans Code section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10.

3. CDPH Advocate

CDPH Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors. If you need additional information, contact the CDPH SB/DVBE representative:

Terry Thomas sbdvbe@cdph.ca.gov https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise-Services?search=office%20of%20small%20business https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise-Services?search=office%20of%20small%20business mailto:sbdvbe@cdph.ca.gov

SUBCONTRACTORS

All subcontractors identified in the bid, must be experts in their field and capable of performing the tasks for which they are hired to do. If awarded the agreement, the Contractor must identify all of the SB/MB and Disabled Veteran Business Enterprise (DVBE) firms identified on the SB/DVBE Participation Summary and must be identified in the Bidder’s submission of Attachments Bid Form Budget Detailed Worksheet and should also reference back to the activities being performed in Exhibit A, Scope of Work. (i.e., Subcontractor name: Exhibit A, Paragraph 5. D. 3-5.)

The CDPH reserves the right to approve substitutions of subcontractors, as long as, certified business participation levels remain unchanged.

REQUIRED ATTACHMENTS

Refer to the following pages for additional Required Attachments that are a part of this solicitation.

SAMPLE AGREEMENT

The following represents a sample of the agreement that will be awarded, if any, from this IFB.

Please review it carefully and present any questions in writing to the contact person identified on the cover letter for this IFB.

ATTACHMENT 1 – BIDDER COVER PAGE

Name of Bidding Firm (Legal name as it will appear on the contract)

Mailing Address (Street address, P.O. Box, City, State, Zip Code)

Person authorized to act as the primary contact for matters regarding this proposal:

Printed Name (First, Last): Title:

Telephone number: Fax number: Email address

Person authorized to obligate this firm in matters regarding the resulting contract:

Printed Name (First, Last): Title:

Telephone number: Fax number: Email address

(CORPORATIONS) Name/Title of person authorized by the Board of Directors to sign all proposal documents on behalf of the Board:

Printed Name (First, Last): Title:

Signature of Vendor or Authorized Representative Date:

ATTACHMENT 2 – REQUIRED ATTACHMENT / CERTIFICATION CHECKLIST

Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned.

Confirmed by Bidder

Qualification Requirements. I certify that I meet the following qualification requirements:

Yes No

My firm has read and is willing to comply with the terms, conditions, and contract exhibits addressed in the IFB section entitled, “Contract Terms and Conditions”.

Yes No N/A

(Corporations) My firm is in good standing and qualified to conduct business in California. [Check “N/A” if not a Corporation.]

Yes No N/A

(Nonprofit Organizations) My firm is eligible to claim nonprofit status.[Check “N/A” if not a nonprofit organization.]

Yes No

My firm has a past record of sound business integrity and a history of being responsive to past contractual obligations. My firm authorizes the State to confirm this claim.

Yes No

My firm will supply before contract execution, proof of self-insurance or copies of insurance certificates proving possession of appropriate liability insurance that meets the requirements stipulated in Exhibit E of the Sample Agreement

Confirmed by Bidder

Bid Content. I have completed and returned the following Attachments included in the Bid Package:

Confirmed by

CDPH

Yes No

Attachment 1, Bidder Cover Page Yes No

Yes No

Detailed response to Exhibit A – Scope of Work and Bidder Minimum Qualifications

Yes No

Yes No

Exhibit B-1, Cost Worksheet Yes No

Yes No

Attachment 2, Required Attachment / Certification Checklist Yes No

Yes No

Attachment 4, Bidder Contact Sheet Yes No

Yes No

Attachment 5, Business Information Sheet

Yes

Yes No

Attachment 6, Payee Data Record (STD 204 – https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf &

STD 205

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

Yes No

Yes No

Attachment 7, Bidder’s Declaration https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05- 106.pdf.

Yes No

Yes No

Attachment 8, Contractor Certification Clauses (CCC 04/2017) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract-Language

Yes No

Yes No

Attachment 9, Mandatory Generative Artificial Intelligence (GenAI) Disclosure & Factsheet Form (STD 1000) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Yes No

Yes No

Attachment 10, Bidder References Yes No https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Confirmed by Bidder

Bid Content. I have completed and returned the following Attachments included in the Bid Package:

Confirmed by

CDPH

Yes

Attachment 11, Commercially Useful Function (CUF) Certification

Yes No N/A

Attachment 12, Disabled Veteran Business Enterprise Declaration https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

No N/A

Yes No

Attachment 13, Darfur Contracting Act http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

Yes No

Attachment 14, California Civil Rights Laws Certification http://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

Yes No N/A

Attachment 15, Iran Contracting Act Verification Form https://www.dgs.ca.gov/- /media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act _Verification_Form.pdf

Yes No N/A

Attachment 16, Target Area Contract Preference Act (TACPA) Preference Forms https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0526.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf

Yes No

Bidder’s Proposed Staff Resumes Yes No

Yes No N/A

Small Business certification status with the Department of General Services, Office of Small Business Certification and Resources

(OSBCR)

Yes No N/A

Yes

Insurance Declarations (see Exhibit E)

Yes No N/A

(California Businesses) Copy of a current business license issued by the government jurisdiction in which the business is located, unless no license is required. Attach an explanation if a license copy cannot be supplied or there is reason to believe no license is required. Check “N/A” if not a California business or no business license is required.

Yes No N/A

Yes No N/A

(Corporations) Either a copy of the Certificate of Status issued by California’s Office of the Secretary of State or a copy of the bidding firm’s active on-line status information downloaded from the California Business Portal website. Attach an explanation if the required documentation cannot be supplied. Check “N/A” if not a Corporation.

Yes No N/A

Yes No N/A

(Nonprofit Organizations) A copy of a current IRS determination letter indicating nonprofit or 501 (3) (c) tax exempt status. Check “N/A” if not a nonprofit organization.

Yes No N/A

Signature Date https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf http://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/SCM/Iran_Contracting_Act_Verification_Form.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0525.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/Std830.pdf

ATTACHMENT 3 – CDPH BIDDER QUALIFICATIONS CHECKLIST (Sample)

To be filled out by program based on information provided in bid from Lowest Apparent Bidder.

Bidders must have experience in:

Number Qualification Confirmed by CDPH

Six years of experience providing medical staffing, vaccination, testing or test-to-treat services.

Yes

No

In possession (or submitted application) of a federal CLIA waiver and state registration/license for low complexity laboratory testing.

Yes

No

In possession of at least one enrolled account in the California

Immunization Registry (CAIR) with proof of CAIR Org Code.

Yes

No

All Proposers. Including out-of-state firms must comply with California’s

DVBE participation requirements. Proposals without a minimum 3-percent participation from a DVBE Certified prime or subcontractor will be deemed non-responsive.

If answering “no,” please justify reasoning (additional pages can be used):

Evaluators:

ATTACHMENT 4 – BIDDER CONTACT SHEET

Please complete contact information to be used in agreement, if awarded.

A. The project representatives during the term of this contract will be:

Contractor Name Name of Contractor’s Contract Manager

Telephone: (XXX) XXX-XXXX

Fax: (XXX) XXX-XXXX

E-mail: Xxxxxxxx@xxxxxxxx

A. Direct all inquiries to:

Contractor (TBD) Section or Unit Name (if applicable)

Attention: [Enter name, if applicable]

Street address & room number, if applicable P.O. Box Number (if applicable) City, State, Zip Code

Telephone: (XXX) XXX-XXXX

B. All payments from CDPH to the Contractor; shall be sent to the following address:

Remittance Address Contractor: [Legal Business Name]

Attention “Cashier”:

Address:

City, State, Zip Code

Telephone: (XXX) XXX-XXXX

ATTACHMENT 5 – BUSINESS INFORMATION SHEET

A signature affixed hereon and dated certifies compliance with all bid requirements. The signature below authorizes the State to verify the claims made on this form.

Name of Bidding Firm: CA Corp. No. (If applicable) Federal ID

Name of Principal (If not an individual): Title: Telephone Number Fax Number

Street Address / P.O. Box City State Zip Code

Type of Business Organization / Ownership (Check all that apply) Ownership

Sole Proprietor Partnership Joint venture…