IFB_24CS0061_-_Rehabilitation_services.pdf

State of California Solicitation Number: 24CS0061 Department of Veterans Affairs

INVITATION FOR BID

Notice to Prospective Bidders

December 2, 2024

The California Department of Veterans Affairs, hereafter referred to as “CalVet”, is inviting you to participate in this Invitation for Bid (IFB) No. 24CS0061, entitled Rehabilitation Services

This IFB contains a list of Key Action Dates in Section C, and Bid Requirements and Information (see Page 3, Table of Contents).

While a Disabled Veteran Enterprise (DVBE) goal is not required for this IFB, DVBE participation is encouraged; and, the DVBE Incentive and Small Business Preferences do apply. See Section D, Special Programs, in this IFB for requirements. In submitting your bid, you must comply with all instructions and requirements contained herein.

This IFB package includes the following documents. For additional information on documents required to be included in the bid submission, please see the Bidder’s Checklist.

1. Notice to Prospective Bidders

2. Bidder’s Checklist

3. Bid/Bidder Certification Sheet

4. Bid Rate Sheet

5. Payee Data Record - STD 204 (and STD 205, if applicable)

6. Bidder Declaration - GSPD-05-105

7. Commercially Useful Function Certification Form

8. California Disabled Veteran Business Enterprise Program Requirements

9. Darfur Contracting Act

10. Disabled Veteran Business Enterprise (DVBE) Declarations – DGS PD 843

11. Contractor Certification Clauses (CCC 4/2017)

12. Sample Standard Agreement (STD 213):

a. Exhibit A – Scope of Work

b. Exhibit A-1 – Service Specifications

c. Exhibit B – Budget Detail and Payment Provisions

d. Sample Exhibit B-1 – Rate Sheet

e. Exhibit D – Special Terms and Conditions & Additional Provisions

f. Exhibit E - Business Associates Agreement (HIPAA)

13. California Civil Rights Laws Certification

14. STD 1000 – GenAI Disclosure and Factsheet

15. Sample Acord Insurance Form, by reference only

The following documents are incorporated by reference and are available on the internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. Bidder may request an electronic copy of these documents by contacting the assigned contract analyst listed below.

1. Exhibit C - General Terms and Conditions for Private Contractors (GTC 04/2017).

2. Standard Contractor Certification Clauses (CCC 04/2017)

Upon award, the Contractor shall be required to provide the following Insurance Requirements as listed in Exhibit D

It is the opinion of CalVet that this IFB is complete and without need of explanation. This IFB can be made available in a text-only format as a disability-related reasonable accommodation compliant with the California Government Code and Americans with Disabilities Act (ADA).

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

Please note that no verbal information given will be binding upon CalVet unless such information is issued in writing as an official addendum. If you have questions or should you need any clarifying information, the contact person for this IFB is:

Keith Wynkoop, Contract Analyst California Department of Veterans Affairs

1227 O Street Sacramento, CA 95814 Phone: (916) 653-2621

Email: keith.wynkoop@calvet.ca.gov

Table of Contents

Section Page

A) Purpose and Description of Services

B) Bidder Minimum Qualifications

C) Bid Requirements and Information

1) Key Action Dates

2) Question and Answer Period

3) Package and Submittal Instructions

4) Evaluation and Selection

5) Awards

6) Protests

7) Disposition of Bid

8) Agreement Execution and Performance

D) Special Programs

1) Disabled Veterans Business Enterprise Program

2) Small Business Preferences

E) Required Disclosures

1) Commercially Useful Function

2) Darfur Contracting Act

3) Contractor Certification Clauses

4) Executive Order N-6-22 – Russia Sanctions

5) Generative Artificial Intelligence (GenAI) Disclosure Notification

F) Required Attachments

A) PURPOSE AND DESCRIPTION OF SERVICES

The California Department of Veterans Affairs is seeking qualified vendors to contract for Temporary / Relief Rehabilitation Services – Physical Therapist, Occupational Therapist, and Speech Language Pathologist services. The contractor is responsible for meeting all of the licenses and certifications required to perform the scope of services set forth in this solicitation.

B) BIDDER MINIMUM QUALIFICATIONS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A and A-1. Unless otherwise stated, Bidder shall meet all qualifications and licensing requirements at the time of the public bid opening.

C) BID REQUIREMENTS AND INFORMATION

1) Key Action Dates

The following dates are set forth for informational and planning purposes only and are subject to change:

2) Question and Answer Period

Any questions regarding this IFB must be submitted in writing by, via email to the Contract Analyst listed on page 2 of this IFB. All questions must be received prior to the deadline for questions. Emails should include the individual's name, firm name, address, and must reference IFB #24CS0061. All answers will be posted on the Cal eProcure website. It is the responsibility of the Bidder to check the California State Contract Register at https://caleprocure.ca.gov/pages/index.aspx when inquiring about an addendum, questions, answers, and any other posts related to this IFB.

3) Packaging and Submittal Instructions

a) All proposals and cost information must be submitted and received by the CalVet by the Final Date for Submission of Bid as identified in Section C)1) – Key Action Dates.

b) Bids must be submitted via e-mail to: keith.wynkoop@calvet.ca.gov

c) The e-mail submittal format is the following:

1. The subject line of the submittal e-mail must read, “Response to CalVet Solicitation: 24CS0061”

2. The body of the e-mail must read:

DO NOT OPEN

Solicitation # 24CS0061 CalVet Central Business Office ATTENTION: Keith Wynkoop

Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of a bid by contacting the CalVet Contract Analyst identified in the cover letter of this IFB.

d) Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is Bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information shall be binding upon the State unless the State issues such information in writing

IFB Available to Prospective Bidders Date: December 2, 2024

Deadline for Questions Date: December 5, 2024 Time: 11:59 P.M.

Deadline for Responses to Questions Date: December 9, 2024 Time: 3:00 P.M.

Final Date for Submission of Bid Date: December 13, 2024 Time: 3:00 P.M.

Bid Opening Date: December 16, 2024 Time: 10:00 A.M.

Notice of Intent to Award Date: December 17, 2024

Proposed Award Date Date: January 1, 2024

Term Start Date Date: December 1, 2024 or upon approval

Term End Date of Agreement Date: June 30, 2027 https://caleprocure.ca.gov/pages/index.aspx mailto:keith.wynkoop@calvet.ca.gov as an official addendum. If the IFB is modified prior to the final bid submission date, the State shall issue an addendum to all bidders that received a bid package. By virtue of submitting a bid, Bidder is accepting the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of Bidder and shall not be charged to the State.

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

f) Bidder’s bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by Bidder or an authorized agent prior to the public bid opening. The bid is binding once it is opened by the State and may not be withdrawn without cause.

4) Evaluation and Selection

a) All bid packages properly received according to the IFB Instructions on or before the bid due date and time shall be publicly opened and the rates read on the date and time specified in Section C)1), Key Action Dates.

Bidders who plan to attend the virtual public bid opening must notify the CalVet Contract Analyst listed in the cover letter of this IFB at least three (3) business days before the date of the public bid opening Section C.1, Key Action Dates, Bid Opening. If Bidder and/or Bidder’s representative require reasonable accommodation to participate in the Public Bid Opening, Bidder must contact the CalVet Contract Analyst identified in this package and identify what reasonable accommodation(s) is required for Bidder to participate

b) CalVet will evaluate each bid to determine compliance and adherence to all IFB requirements, as well as verification of calculations. CalVet reserves the right to request clarification of any documents submitted with this bid regarding any and/or all sections of the IFB.

c) In the event of a precise tie between the lowest responsible bid of a certified small business and a certified disabled veteran owned small business, the contract must be awarded to the disabled veteran owned business per the Department of General Services (DGS) State Contracting Manual (SCM), Section 8.21C. If a tie persists between any Bidders after the small business preference is applied, a coin toss or lot drawing shall be used to determine the contract award. The coin toss or lot drawing shall be officially witnessed and all affected bidders shall be advised of the tiebreaker method and invited to attend.

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

e) No bid shall be considered unless the rate is submitted on the designated Rate Sheet and Bidder Certification form is in conformance with the submission requirements of this IFB.

f) The bid must be submitted for the entire activity described herein. CalVet does not accept alternate contract language from a prospective contractor. A bid with such language shall be considered a counter proposal and shall be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in original ink by Bidder.

g) CalVet reserves the right to reject any and all bid submittal packages and/or waive any immaterial deviations in a bid submittal package and/or allow a Bidder to remedy any immaterial deviations in their bid submittal package. CalVet reserves the right to determine what constitutes an immaterial deviation in Bidder’s bid submittal package. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse Bidder from full compliance with all requirements if awarded an Agreement.

h) CalVet is not required to award an Agreement resulting from this IFB.

i) If a previous Agreement with a prospective bidder was terminated for cause, CalVet reserves the right to hold a responsibility hearing before awarding the Agreement to determine if the bidder is responsible.

The bid may be rejected if CalVet deems, at the conclusion of the responsibility hearing, that the bidder is not responsible.

5) Awards

a) The award of an Agreement, if it is to be awarded, shall be made to the lowest responsible Bidder whose bid complies with all requirements prescribed herein. In the event Bidder submits more than one (1) bid under this bid process, CalVet shall select the lowest bid and reject all other bids from this Bidder.

b) 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 electronic mail, facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the Agreement.

c) Notice of the Intent to 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, if requested in writing by any bidder who submitted a bid.

d) Upon receipt of a tentative award, the apparent winning Bidder must return all required documents to the contract analyst within thirty (30) days of receipt. Failure to do so will result in the disqualification of the bidder’s submission. A tentative award will then be issued to the next lowest responsive responsible bidder.

6) Protests

a) If any bidder, prior to the award of Agreement, files a written protest with the Department of General

Services, Office of Legal Services (DGS/OLS), 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 or Email at OLSProtests@dgs.ca.gov and the California Department of Veterans Affairs 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.

b) Within five (5) days after filing the initial protest, the protesting bidder shall file with the DGS 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, CA 95605 and Email at OLSProtests@dgs.ca.gov. 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) The successful bidder(s) shall enter into an Agreement with CalVet prepared on a State of California

Standard Agreement (STD 213 form, sample attached) and shall include Exhibits A Scope of Work, A-1 Service Specification, B Budget Detail and Payment Provisions, B-1 Rate Sheet, D Special Terms and

Conditions, and E HIPAA Business Associate Agreement. The approval of an Agreement is contingent upon timely receipt and the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, permits and other required documents.

b) This Agreement is not valid unless and until approved by DGS or, under its delegated authority, CalVet.

CalVet has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board.

When the Agreement is fully approved, a copy shall be forwarded to Contractor.

c) In the event the Bidder is party to an Agreement awarded in a prior CalVet bid for the same services and a contract award is made to Bidder as a result of this IFB, CalVet shall pay for services using rate(s) in the prior Agreement for the period of time up to and including the term end date of that Agreement. The only exception to this provision occurs when the rate(s) in a subsequent agreement is lower than those of the primary agreement; CalVet then has the sole right to determine which rate(s) will be applied.

d) In the event an awarded Contractor fails to commence work at the agreed upon time, CalVet, upon five

(5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to CalVet for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

e) All performance under the agreement shall be completed on or before the termination date of the Agreement.

D) SPECIAL PROGRAMS

1) Disabled Veterans Business Enterprise (DVBE) Program

a) DVBE Participation Program with No Goal

While a DVBE goal is not required, DVBE participation is encouraged, and the DVBE Incentive will apply to this IFB as described below.

b) It is the intent of the California Legislature that every State procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the Disabled Veteran Business Enterprise participation goal of a minimum of three percent (3%) of total contract value. The Disabled Veteran Business Enterprise (DVBE) Certification and Outreach Branch program was created for this purpose. Under Senate Bill 115, Section 999.5, an incentive program was established.

c) For instructions on how to document DVBE Program Requirements, please see Attachment entitled

California Disabled Veteran Business Enterprise Program Requirements.

d) DVBE Incentive: The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California of Regulations, Sections 1896.99 (2 CCR Section1896.99) et seq., to encourage bidders to partner with DVBE subcontractors.

The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. CalVet shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

Any responsive and responsible bidder with the confirmed DVBE participation per the Table below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

The following percentages will apply for awards based on low price:

Confirmed DVBE Participation of: DVBE Incentive Percentage:

5% or over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

2% to 2.99% inclusive 2%

1% to 1.99% inclusive 1%

Application of the DVBE incentive CANNOT displace a California Certified Small Business.

e) Contractor understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code 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.

f) 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 § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

g) Pursuant to Government Code 14841, upon completion of the contract for which a commitment to achieve small business (SB) or DVBE participation was made, the contractor shall report to the awarding department the actual percentage of SB/DVBE participation that was achieved.

h) Withhold: Prime contractors (prime) must submit a complete and accurate Prime Contractor’s

Certification – DVBE Subcontracting Report (STD 817) – upon contract completion. Ten thousand dollars ($10,000) shall be withheld from the final payment, or full payment if less than $10,000, until contract manager (CM) receives an accurate and complete STD 817. (MVC §999.7)If prime fails to provide an accurate and complete STD 817, CM notifies prime and allows up to 30 calendar days for prime to remedy the situation. The withhold becomes permanent if the prime:

• Refuses to submit the STD 817;

• Fails to correct or complete the STD 817 within the 30-day deadline; or,

• Fails to make all payments due to the listed DVBE sub [MVC §999.5(d)(4)]

2) Small Business Preferences

a) Current law encourages state departments to first consider a Small Business Enterprise (Small)/ Micro-business Enterprise (Micro) for contracting opportunities. CalVet is committed to supporting Small/Micro business participation in state contracting and seeks to use certified Small/Micro businesses whenever possible. A Small/Micro business enterprise is defined as a business certified by the Office of Small Business and DVBE Services (OSDS) in which:

I) The principal office is located in California II) The officers are domiciled in California III) The business is independently owned and operated IV) The business, with any affiliates, is not dominant in its field of operation and:

(a) For Small Business, either:

(i) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $15,000,000 or less over the previous three years, or

(ii) The business is a manufacturer with 100 or fewer employees.

(b) For Micro Business, either:

(i) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $5,000,000 or less over the previous three years, or

(ii) The business is a manufacturer with 25 or fewer employees.

b) Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who qualify as a Small/Micro business enterprise. 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) To claim the Small/Micro business preference, which may not exceed $50,000 for any bid, Bidder’s firm must have a completed application (including proof of annual receipts) on file with the DGS, Procurement Division, OSDS, by 5:00 p.m. on the date bids are opened, and receipt verified by such office. Therefore, if Bidder is a Small/Micro business, but is not certified, it is to Bidder’s advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small- Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

d) If upon verification of Bidder’s Small/Micro business status it is determined Bidder is not a certified Small/Micro business enterprise, Bidder’s business shall be classified as a large business which shall preclude Bidder’s bid from receiving the five percent (5%) Small/Micro business preference.

e) Pursuant to Title 2, California Code of Regulations Section 1896, et seq., and Government Code Section

14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%) Small/Micro business subcontractor participation with one or more Small/Micro businesses. This preference is considered only if the tentative low bidder is not a certified Small/Micro business. In granting the Non-Small Business Subcontractor (NSBS) preference, no bid price shall be reduced by more than $50,000. This preference cost adjustment is for computation purposes only and does not alter the actual cost offered by Bidder. To be eligible for the NSBS preference, the business must complete the following forms:

I) Non-Small Business Subcontractor Preference Request II) Small Business Subcontractor/Supplier Acknowledgement

f) Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies

(NVSAs) claiming Small/Micro business preference and verified as such in the relevant category or business type, shall be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro business. In granting Small/Micro business preference to NVSAs, no bid shall be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by Bidder. To be eligible for the NVSA Small/Micro business preference, the business concern must:

I) Request preference at the time of bid submission; and II) Have a completed application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

E) REQUIRED DISCLOSURES

1) Commercially Useful Function

If Bidder is a California certified small business in accordance with Government Code Sections 14837(d)(1)(2), Bidder must address specific aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections 14837(d)(4)(A)(B). A Commercially Useful Function Certification (CUF) form is attached to this solicitation.

2) Darfur Contracting Act

Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed to preclude State agencies generally from https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program contracting with “SCRUTINIZED” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC Section 10475.

A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section 10476.

SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b).

3) Contractor Certification Clauses

The Contractor Certification Clauses (CCC) may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language An original, signed copy of page 1 must be submitted with the bid.

Failure to submit a signed CCC shall delay approval of this Agreement.

4) Executive Order N-6-22 – Russia Sanctions

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

5) Generative Artificial Intelligence (GenAI) Disclosure 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 / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor .

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

F) REQUIRED ATTACHMENTS

All required documents are listed on Attachment 1, Bidder’s Checklist, and must be included when submitting a bid.

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://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.documents.dgs.ca.gov%2Fdgs%2Ffmc%2Fpdf%2Fstd1000.pdf&data=05%7C02%7CKelli.Gravina%40calvet.ca.gov%7Cfedabdd7815c4047a61c08dc9a01bec7%7C5b77b8ed547d427cbeb158a7d93b1f81%7C0%7C1%7C638554579533540954%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=vCTuRTBovxBfKo9dKdjXA45%2BdbmSGqbVZsFrxqz70Xg%3D&reserved=0

2. The term of this Agreement is:

SAMPLE

California Department of Veterans Affairs Agreement Number: 24CS0061 Exhibit A - Scope of Work TBD

Rehabilitation Services

1. INTRODUCTION/SERVICES

A. Contractor shall provide Rehabilitation Services to the California Department of Veterans Affairs (CalVet) for the benefit and care of the Veterans Home Residents at the Veterans Home of California – Chula Vista – 700 E Naples Ct. Chula Vista, CA 91911. Contractor shall provide all labor, materials, staff, license, permits and every other item of expense necessary to perform services, unless otherwise stated. Services shall be provided at the Home upon request and in compliance with the terms of this agreement.

B. Contractor/Provider must perform services under the scope of their license and in accordance with federal and state laws and regulations as well as CalVet policies and procedures.

C. Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

D. Contractor agrees that, unless otherwise stated, all expenses associated with travel to and from the Veterans Home, lodging, and all training expenses for Providers shall be borne by the Contractor or the Provider, and will not be reimbursed separately by CalVet. Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

2. CONTRACTOR’S RESPONSIBILITIES

A. Services and all requirements as stated below and as required by law shall be provided by the Contractor, at the request of the Chief Medical Officer (CMO), Contract Manager, or designee.

B. Contractor shall assure that any and all Home Residents receive care in accordance with Medicare and Medicaid (Medi-Cal in California) standards and requirements as set forth in Titles XVIII and XIX of the Federal Social Security Act; and within Title 22, Division 5, of the California Code of Regulations (22CCR).

C. Represent and warrant that all ancillary health care personnel employed by, associated or contracted with the contractor who treat residents: (1) are and shall remain throughout the term of this Agreement appropriately licensed and/or certified and supervised (when and as required by State law), and qualified by education, training and experience to perform their professional duties; and, (2) shall act within the scope of their licensure or certification, as the case may be.

D. Monitor and ensure that the contractor personnel licenses and/or certifications remain current. If the State identifies that such personnel licenses and/or certifications are not valid, the State shall notify the contractors and instruct the identified person to return to the contractor.

E. Contractor must meet the requirements and have the ability to adequately provide services to the Home’s Residents. Contractor may use Providers to perform services who meet the requirements specified in this Agreement. Contractor must provide the State with proof of any required training, licenses, permits, certifications and any other documents required by law including documents for each Provider performing services under this Agreement.

F. Services shall include but is not limited to:

1. Rehabilitative Services: for the purposes of this Agreement, rehabilitation Services are those services the contractor shall provide at the Home. Rehabilitation Services shall be provided in accordance with Medicare and Medi-Cal guidelines and the Home’s policies and procedures. The contractor shall ensure certified, licensed and experienced staff provides these services.

2. Physical, Occupational and Speech Therapy Services: Contractor shall provide Rehabilitative Services to include Physical Therapy, Physical Therapy Assistants, Occupational Therapy, Occupational Therapy Assistants and Speech Therapy Services as authorized by the Home. These services shall be provided at the Home on a scheduled and as-needed basis.

a) Contractor shall provide appropriately certified and trained (as defined by 22CCR) rehabilitation therapists and other affiliated providers ("Therapists"), who shall provide scheduled and as- needed services for the Home. Therapists assigned to the Home must have at least a year of SNF experience.

b) Following advance coordination, contractor shall provide to the Home’s Chief, Restorative Care Services, a weekly schedule setting forth the type of Rehabilitative Services to be rendered, the name of the Resident(s) to receive services, and the time schedule for services to be provided at the Home. This schedule is to be provided to the Home at least one (1) calendar week in advance.

Patient load will determine hours of service and staff required to respond to those needs. The Home may require changes to scheduled services due to unanticipated needs. Contractor will make its best effort to fulfill staffing requirements for Rehabilitative Services.

c) The contractor shall present a copy of the current licensure or certification and a Statement of the Qualifications (SOQ) identifying the experience of each Therapist assigned to provide Rehabilitative Services to the Home’s Chief, Restorative Care Services, at least seven (7) calendar days prior to the provision of services. The Home shall have the right to disapprove of any individual assignment to the Home.

The contractor shall replace disapproved individuals with alternate qualified Therapists.

d) Rehabilitative Services shall be provided in accordance with the Resident’s plan of care/treatment as prescribed by the Home’s physicians.

e) Therapists assigned to provide Rehabilitative Services at the Home under this Agreement shall be able to participate in staff meetings and conferences in accordance with patient care policies. The purpose of these meetings will be to discuss Resident plan of care/treatment, as well as any prevailing Resident treatment problems and issues.

f) The Home will make available equipment and/or supplies owned by the State &/or customarily stocked that are necessary for use by Therapists. Should Therapists determine that certain other equipment or supplies warrant purchase by the Home;

the Chief, Restorative Care Services, will consider the recommendation, but will not be obligated to act on it. The contractor will not be responsible for procuring any equipment or supplies for the Home's Residents.

g) Therapists shall adhere to the plan of treatment and shall document progress of evaluations and treatment in Resident medical records. Those records may be within the Home's information system &/or on approved forms in accordance with the requirements of the Home and of federal and state governmental agencies including, but not limited to, the HCFA Balanced Budget Act of 1997, or other third-party reimbursement sources. Any notations must be forwarded to the individual’s medical record

h) Therapists assigned to the Home shall provide timely input into the current electronic health records. A time attendance log shall be completed by the Therapists on each day service is provided to Resident(s).

i) Therapists shall provide training and guidance to restorative nursing aides (RNA) for individualized program implementation. Therapists’ recommendations for adaptive feeding equipment and assistive devices to be purchased by the State shall be provided to the Chief, Restorative Care Services.

j) Speech Therapists, in coordination with the Home’s Chief, Restorative Care

Services, shall evaluate Residents for inclusion in the feeding program.

k) When requested by the treating physician, Speech Therapists shall conduct bedside swallow study evaluations at the Home.

l) Billing for Rehabilitative Services shall be at hourly rates in accordance with Exhibit B-1 Rate Sheet.

m) The contractors therapy staff will provide training and attend meetings at the Home as follows:

I. IDT Meeting attendance for residents on therapy caseload

II. Care Plan Development

3. Medical Records: Medical record documentation produced as a result of performance of Rehabilitative Services covered under this Agreement shall be and shall remain the property of the State, both during and after the term of this Agreement. The contractor and its authorized agents will be permitted to inspect and duplicate, at their expense and with written Resident release provided by the Home, any individual chart or record to the extent necessary to meet the contractors responsibilities to a Home Resident or to assist in the defense of any malpractice or similar claim to which such documentation may be pertinent, provided that such inspection or duplication is permitted by and is conducted pursuant to the laws concerning patient confidentiality.

4. Personnel Identification: The contractors personnel performing Rehabilitative Services, regardless of scheduled or on-call assignment, shall wear a current picture identification badge issued by the contractor and shall comply with the Home’s security policy by signing in and out at the Front Reception/Security Desk of the Home. The contractor scheduled personnel may be provided a Home- issued permanent identification badge should their frequency of service so warrant. The contractor’s personnel shall also comply with the Home’s SNF/ICF unit sign-in requirements.

5. Facility Safety: The Home shall provide a safe, functional and supportive work setting for the contractors scheduled employees by routinely identifying, managing, and minimizing safety risks in the Home’s physical environment.

a) The Home shall immediately notify the contractor of any occupational accident or injury at the Home involving the contractor’s employee.

6. Upon assignment of the contractor’s personnel for initiation of Rehabilitative

Services, the contractor shall coordinate the scheduling of facility orientation with the Director of Staff Development. Orientation topics may include but not be limited to Infection Control, Building Safety, Resident Rights, Confidentiality, Privacy Protection, Discrimination, Harassment, and Zero Tolerance of Elder Abuse. The Home is responsible for ensuring the contractors personnel are educated to all relevant policies and procedures of the Home.

7. Home acknowledges that the contractor’s employees who provide services at the Home are essential to the contractor’s provision of services to the contractors patients Home agrees for itself and its agents that during the term of this Agreement it will not, without the contractor’s prior written consent, which may be withheld in the contractor’s sole and unfettered discretion, directly solicit for employment or permit the direct solicitation for employment or directly seek any agreement for employment with anyone providing services at the Home who is employed at the contractors place of business, within the earlier of six (6) months after such person terminates or is terminated from employment at the contractors place of business or within one (1) year after termination or expiration of this Agreement. In the event that Home violates this provision, Home agrees to pay to the contractor the sum of fifty thousand dollars ($50,000) for each such person directly solicited or hired. This provision shall survive termination or expiration of this Agreement.

G. Services may be provided during the contractor’s normal business hours, on an as-needed basis, in accordance with CalVet policies and procedures, to ensure the best qualify of treatment to meet the needs of residents at the Home. Overtime and work on a holiday requires prior approval by the Home’s Therapy Department Supervisor or Contract Manager. Any approved overtime or work on a holiday will be paid time and a half based on the agreed upon hourly rate. The following are considered Holidays- New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas Day.

H. Contractor shall have a telephone number and a contact person available by telephone during normal business hours for the duration of the contract. Contractor/Provider shall ensure resident medical record information is maintained as “CONFIDENTIAL” and shall be held in trust and confidence. Information shall be used only for the purposes contemplated under this contract.

3. CONTRACTOR/PROVIDER’S QUALIFICATIONS

A. Contractor/Providers must have the required licenses, insurance, permits, and/or certifications noted herein.

B. Resident health care is of paramount importance. Accuracy in communications is critical to ensure timely, correct care is provided. Therefore, any Provider(s) providing services through this Agreement must be able to communicate effectively with CalVet.

C. Any Provider who fails to meet the qualifications shall not be permitted to perform service.

The Home’s CMO, SNF Administrator, Contract Manager, or designee, shall state in writing the reason(s) the Provider does not meet qualifications. After notification of failure to meet qualifications has been provided, CalVet shall not pay the Contractor for additional services identified as not meeting the qualifications.

4. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

A. Prior to providing services specified in this Agreement, Contractor or Contractor’s Provider shall possess and maintain throughout the term of this Agreement, all licenses, permits, and certification requirements.

B. If, during the course of this Agreement, any of the licenses and/or requirements are found to be inactive or not in compliance, CalVet may withhold payment for services rendered during the expiration period and/or immediately terminate this Agreement.

C. Assume responsibility for verifying, through the appropriate licensing boards, that no current or unresolved adverse actions have been taken by the State licensing authorities against any Provider(s) assigned to CalVet, and that all licenses are active and void of misconduct. CalVet may, at its discretion, verify the current status of Provider(s) assigned.

5. ORIENTATION/TRAINING

A. Contractor agrees that prior to reporting for work at the Home, all Providers shall complete any required orientation and training to become familiar with the operations of the Home, its medical facilities, Title 22 of the California Code of Regulations, Title 42 of the Code of Federal Regulations, and any other laws or bylaws that may apply to the Home.

B. To maintain continuity of services and ensure safety for all workers, Contractor shall make available to the Home only those Providers who have completed the required orientation and training.

6. HEALTH CLEARANCE

A. Contractor shall comply with the Home’s infection control policies and procedures. Initial and annual health clearance to include tuberculosis (TB) screening and Hepatitis B vaccine series offer (initial only) is required by Home policy of all state employees, contract employees and volunteers in order to meet state facility licensure requirements.

B. Initial TB screening may include, but not be limited to, 2-step TST/PPD testing and/or X-ray, and TB questionnaire. Annual TB screening may include, but not be limited to, 1-step TST/PPD testing and/or X-ray, and TB questionnaire. The health clearance process must be completed prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

C. Pre-employment/pre-assignment and annual health screening performed for Contractor or Contractor’s employee will be at the Contractor’s expense. As part of compliance with OSHA Regulation 1910.1030– Bloodborne Pathogens, the Home will extend the Hepatitis B vaccine series offer to requesting Contractor staff. The Home reserves the right to charge a per-individual charge consistent with community rates for health screening and vaccination services performed at the Home. Such charge(s) will be deducted from the Contractor’s invoice.

D. Requests to utilize the Contractor’s own health care provider for employment health clearance to include, but not limited to TB Testing and/or X-Ray, and Hepatitis B vaccination series offer, shall be made directly to the Contract Manager, or Designee.

When utilizing Contractor’s own health care provider, Contractor shall submit medical reports/documentation to the Home’s Ambulatory Care Clinic indicating the individual is cleared to perform their duties and is free of communicable disease. The medical documentation must be submitted prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

E. Failure to comply with the Home’s infection control policies shall result in immediate Provider suspension, contract suspension or termination. Any suspension will remain in effect until a medical clearance is provided to the Home’s Infection Control Specialist or Chief Medical Officer.

F. During times of pandemic (such as COVID-19) or other instances of widespread viral or bacterial infections, additional precautionary infection control steps may be implemented and required by the Home. These may include, but are not limited to: wearing CalVet approved masks and/or face shields, extra or special cleanings, social distancing, partitions, adjusted hours and obtaining additional clearance certifications that may be required by local, state or federal health authorities.

7. BACKGROUND CLEARANCE

A. Background clearance involving fingerprinting is required by Home policy of contract employees and volunteers prior to assignment to the Home in order to meet state facility licensure requirements. Live- scan is the only acceptable form of fingerprinting for the Home. Contractor shall be solely responsible for the cost for Live-Scan Services.

B. The Home’s Personnel Office must receive the Live-Scan results prior to approving assignment to the Home.

8. FAILURE TO PERFORM

A. CalVet shall routinely evaluate the work performance of the Contractor and/or Provider to determine if CalVet standards and Departmental/Home policies and procedures are being maintained. Any Contractor, and/or Provider who fail to perform or who are physically or mentally incapable of performing the required duties of this Agreement shall not be permitted to perform service.

B. Failure to provide services on three (3) or more occasions may result in termination of the Agreement or the Home not having to contact Contractor prior to contacting the other Contractors for the duration of the Agreement term.

C. The Home’s Contract Manager, or designee, shall state in writing the reasons the Contractor and/or Provider did not meet the required policies or standards and submit a copy to the Contractor and to the Contract file. CalVet shall not pay Contractor for any services performed by Contractor and/or Provider which are deemed unacceptable in accordance with the required services contemplated by this Agreement.

D. If any Provider of the Contractor is unable to perform due to illness, resignation, or factors beyond the Contractor’s control, the Contractor shall immediately submit qualifications of proposed substitute Provider to the Home for approval. Failure to do so may be cause for termination of this Agreement. The Home shall be notified of any additions or corrections to the Contractor’s list of prospective Providers at least five (5) working days before the Provider’s start date

9. INDEPENDENT CONTRACTOR STATUS

A. The Contractor/Providers shall be considered “Independent Contractors” in relation to

CalVet and the State. Therefore, the Contractor/Providers shall not be considered employee(s) of the Home and shall not be entitled to any employee benefits from the CalVet or the State including, but not limited to, the following:

1. Premium Pay, Overtime Pay, or Holiday Pay,

2. Medical Insurance,

3. Vacation or Sick Leave,

4. Worker’s Compensation, and

5. Other employee benefits.

10. CONTACT INFORMATION

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

1. CalVet…