IFB_BF240072_Occupational_Therapy_Services.pdf

California Department of Education Invitation for Bid (IFB) Occupational Therapy Services –

BF240072

California School for the Blind Analyst: Contract Analyst – Alejandra Ramirez

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: aramirez@cde.ca.gov Phone: (916) 319-0412

Bid Due Date: April 29, 2024 at 2:00 pm PDT

Public Bid Opening: April 30, 2024 at 10:00 am PDT Contract Period: September 1, 2024 – August 31, 2025

One-Year Option to Renew: September 1, 2025 – August 31, 2026 One-Year Option to Renew: September 1, 2026 – August 31, 2027

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Occupational Therapy Services – BF240072

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. SUBCONTRACTING

V. DVBE PROGRAM REQUIREMENT

VI. PREFERENCE PROGRAMS

VII. BIDDER REQUIREMENTS

VIII. IFB DOCUMENTS

IX. BID DOCUMENTS AS PUBLIC RECORD

X. BID SUBMISSION

XI. BID SUBMISSION REQUIREMENTS

XII. BASIS OF AWARD

XIII. OPTION TO RENEW

XIV. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE:

II. CONTRACT MONITORS:

III. BACKGROUND:

IV. OCCUPATIONAL THERAPY SERVICES:

V. SCHEDULE:

VI. COORDINATION:

VII. OCCUPATIONAL THERAPIST QUALIFICATIONS:

VIII. STAFF REPLACEMENTS:

IX. CONTRACTOR RESPONSIBILITIES:

X. CDE RESPONSIBILITIES:

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

III. PAYMENT

IV. DVBE PARTICIPATION WITHHOLD (1/1/2022)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORMS

EXHIBIT B.3 – CONTRACTOR’S BID FORMS

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. DATA MANAGEMENT (DM) REQUIREMENTS (Rev. 7/22):

III. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

IV. RESOLUTION OF DISPUTES

V. LOSS LEADER

VI. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VII. PROHIBITION OF DISCRIMINATION

VIII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

III. WORKERS’ COMPENSATION

IV. OWNERSHIP OF MATERIALS AND DATA (Rev. 1/20)

V. AMENDMENTS

VI. OPTION TO RENEW

VII. CONTRACT REQUIREMENTS RELATED TO DVBE PARTICIPATION

COMPLIANCE

EXHIBIT F – CONFIDENTIALITY STATEMENT

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 43

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 - BIDDER CERTIFICATION

ATTACHMENT 7 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide in-person Occupational Therapy assessment, consultation, and direct therapy services for students at the California School for the Blind (CSB), located at 500 Walnut Avenue, Fremont, CA 94536, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on September 1, 2024. The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required. Contract includes two one-year options to renew.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement Thursday, April 11, 2024

Bids Due Monday, April 29, 2024 at 2:00 pm PDT

Public Bid Opening Tuesday, April 30, 2024 at 10:00 am PDT

Contract Start Date September 1, 2024, or upon contract/DGS approval, whichever is later

III. ELIGIBLE BIDDERS

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

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation.

See General Information, Article V DVBE Program Requirement for information.

B. Targets of Economic Sanctions; 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

IV. SUBCONTRACTING

The bidder responding to this IFB must serve as the Prime Contractor and will be the responsible entity in ensuring that all services and activities are competently and successfully completed. If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder. The Bidder Declaration form can be found at:

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

A. Commercially Useful Function

Bids must propose that Prime bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State.

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) 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; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

A small or microbusiness/DVBE contractor, subcontractor or supplier is not performing a “commercially useful function” if its 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 small business or microbusiness/DVBE participation. (GC § 14837(d)(4);

Tit. 2 CCR § 1896.15.) (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

V. DVBE PROGRAM REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article VI. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

VI. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

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

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

VII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

The Occupational Therapist(s) to be used in fulfilment of the services outlined in Exhibit A, Scope of Work must have all of the following:

1. License, a copy of the following must be provided:

a. California Board of Occupational Therapy License:

The Occupational Therapist(s) to be used in fulfilment of the services outlined in Exhibit A, Scope of Work shall possess, and provide a photocopy of, a valid California Board of Occupational Therapy License issued by the California Board of Occupational Therapy.

2. Certification, a copy of the following must be provided:

a. National Board for Certification in Occupational Therapy:

Exhibit A, Scope of Work shall possess, and provide a photocopy of, a certification from the National Board for Certification in Occupational Therapy.

3. Education, a copy of the following must be provided:

Exhibit A, Scope of Work shall possess, and provide a photocopy of, a Bachelor’s or Master’s Degree in Occupational Therapy.

4. The Occupational Therapist(s) to be used in fulfilment of the services outlined in

Exhibit A, Scope of Work must have a minimum of three (3) years’ experience providing occupational therapy services to students who have low incidence or multiple disabilities. The Occupational Therapist must have knowledge about the unique learning needs of students who have visual impairments, including student(s) who have additional disabilities.

VIII. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Contract Analyst Alejandra Ramirez, aramirez@cde.ca.gov, (916) 319-0412. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Alejandra Ramirez by email at aramirez@cde.ca.gov, or by phone at

(916) 319-0412.

IX. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

X. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – Occupational Therapy Services – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: Alejandra Ramirez – BF240072 – IFB 1430 N Street, Suite 2213 Sacramento, CA 95814 SEALED BID – Occupational Therapy Services – DO NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Monday, April 29, 2024 at 2:00 pm PDT.

The bids will be publicly opened and read on Tuesday, April 30, 2024 10:00 am PDT at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2208 Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

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.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – Alejandra Ramirez – IFB BF240072, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening.

Withdrawals requested by telephone or fax are not acceptable.

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

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XI. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article X. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1, Exhibit B.2, and Exhibit B.3 Contractor’s Bid Forms

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Grand Total.

C. Licenses/Certification/Educational Degree

The Occupational Therapist(s) to be used in fulfilment of the services outlined in Exhibit A, Scope of Work must have all of the following:

1. License, a copy of the following must be provided:

a. California Board of Occupational Therapy License:

Exhibit A, Scope of Work shall possess, and provide a photocopy of, a valid California Board of Occupational Therapy License issued by the California Board of Occupational Therapy.

2. Certification, a copy of the following must be provided:

a. National Board for Certification in Occupational Therapy:

Exhibit A, Scope of Work shall possess, and provide a photocopy of, a certification from the National Board for Certification in Occupational Therapy.

3. Education, a copy of the following must be provided:

Exhibit A, Scope of Work shall possess, and provide a photocopy of, a Bachelor’s or Master’s Degree in Occupational Therapy.

4. The Occupational Therapist(s) to be used in fulfillment of the services outlined in

Exhibit A, Scope of Work must have a minimum of three (3) years’ experience providing occupational therapy services to students who have low incidence or multiple disabilities. The Occupational Therapist must have knowledge about the unique learning needs of students who have visual impairments, including student(s) who have additional disabilities.

D. Insurance Certificate

The bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit E, Article II. Certificate of Insurance Requirements and III.

Workers Compensation:

1. Commercial General Liability, AND

2. Professional Liability, AND

3. Workers’ Compensation

Proof of coverage and limits for the above required terms are required in the bid submission package. The additional insured language (see Exhibit E, Article II.

Certificate of Insurance Requirements) will be required as a condition of contract award.

E. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

F. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

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

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

G. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

H. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

I. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

J. Attachment 6 – Bidder Certification

The Bidder Certification must be fully completed and dated with an original signature.

Bidders must demonstrate responsibility and the capability to professionally carry out the terms of this contract through the bidder certification.

K. Conditional Attachments

1. Subcontracting

If bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work, the Bidder Declaration (GSPD-05-105) form must be completed and submitted with original signature. The GSPD-05-105 form can be found at:

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

2. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

3. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for bid rejection; however, DVBE incentive will not be considered or granted for your bid.

Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 form can be found at:

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

DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

XII. BASIS OF AWARD

Following the public bid opening, the CDE Contracts Office will review the low bid for compliance with the bid requirements, specified herein, and to determine if the low bidder is responsible and responsive to this IFB.

The contract shall be awarded on the basis of the responsive and responsible bidder submitting the lowest average Grand Total.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Grand Total for occupational therapy services stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3.

The lowest average Grand Total will be computed by adding the Grand Total from each of the three bid forms, Exhibit B.1, B.2, and B.3, and then dividing the amount by three.

Charges for the bidder’s operating expenses such as: labor, material, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, certifications, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XIII. OPTION TO RENEW

The contract awarded through this IFB would expire on August 31, 2025; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (September 1, 2025 – August 31, 2026) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period September 1, 2025 – August 31, 2026. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in March 2025.

Costs for the second one-year option to renew (September 1, 2026 – August 31, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period September 1, 2026 – August 31, 2027. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in March 2026.

XIV. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 7 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE:

The Contractor will provide in-person Occupational Therapy (OT) assessment, consultation, and direct therapy services for students at the California School for the Blind (CSB), located at 500 Walnut Avenue, Fremont, CA 94536, as described herein.

II. CONTRACT MONITORS:

The CDE assigns Jennifer Simmons, (510) 936-5522, jsimmons@csb-cde.ca.gov, as the State Contract Monitor to oversee this project. Said State Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

III. BACKGROUND:

The CSB requires the services of an Occupational Therapist who can provide in-person OT assessment, direct OT services, and OT consultation for CSB student(s). OT is considered a related service as mandated in students’ Individual Education Programs (IEPs). Determination of which student(s) receive direct service or consultation is determined through occupational therapy assessment and the IEP process.

The Occupational Therapist will provide consultation and/or direct services to CSB student(s) who have difficulties with fine motor skills, personal care skills, eating skills, and sensorimotor skills, as specified in each student’s IEP. On an as-needed basis, the Occupational Therapist will assess CSB student(s) with suspected fine motor, self-help, or sensory processing difficulties to determine if OT services are warranted and to recommend the type of service (i.e., direct or consultation), the frequency and duration of service, and individualized goals for service to be added to the students’ IEPs.

Services will take place in person on the CSB campus. In case of an emergency that prevents in-person instruction, services may take place remotely via phone or a distance learning, web-based, videoconferencing platform.

IV. OCCUPATIONAL THERAPY SERVICES:

A. At the request of the CDE Contract Monitor or CDE authorized designee, the Occupational Therapist will provide the assessment, consultation, or direct OT for CSB students who have OT assessment or OT on their IEP, according to a mutually agreed upon, predictable, weekly schedule. Parents of students on the occupational therapy caseload will be notified of their student’s occupational therapy schedule via email.

B. The Occupational Therapist is responsible for providing the necessary equipment and materials needed (for example, weighted vests, adapted utensils, therapy putty, etc.) to perform OT assessments or to provide direct service. The Occupational Therapist will inform each student’s classroom teacher and the CDE Contract Monitor about materials that need to be provided for each student receiving OT services, either on campus or remotely during distance learning.

C. Depending on the mobility needs of each CSB student(s), the Occupational Therapist will retrieve the student from his or her classroom. For those students who know the travel route to the designated classroom, the Occupational Therapist will meet the student at that classroom.

D. Once assessed, the Occupational Therapist will write a report and design a service delivery plan for each CSB student(s) requiring services. The reports must include assessment findings, recommendations, and potential therapy goals and objectives.The Occupational Therapist will develop a therapy plan(s) for each CSB student(s) and follow them, i.e., steps or goals that will be followed in the therapy plan. Not all students who are assessed will receive therapy services, as determined by CSB. The Occupational Therapist will deliver the report and service plan at the CSB student(s) IEP meeting. The purpose of the IEP meetings will be to review assessment results and to determine IEP goals and objectives for OT. The Occupational Therapist will be notified of the meeting, date, time, and location, at least forty-eight (48) hours in advance by the CDE Contract Monitor or CDE authorized designee.

E. For students who have Annual IEPs during the contract period, the Occupational

Therapist will develop a new annual OT Goal, with three short-term objectives, based upon the last assessment and the Occupational Therapists current work with the student. The Occupational Therapist will present the goal at the CSB student(s) Annual IEP meeting. The Occupational Therapist will be notified of the meeting, date, time and location, at least forty-eight hours (48) in advance by the CDE Contract Monitor or authorized designee. The Occupational Therapist may participate in the IEP meeting remotely via phone or videoconferencing platform.

F. The Occupational Therapist will provide quarterly progress reports on each student(s) progress using CSB’s online IEP management system, SELPA Information Records and Analysis Support (SIRAS) System. Quarterly progress reports must include quantitative accuracy and consistency data for the quarterly benchmark and a statement indicating whether or not the benchmark was met.

Qualitative comments about benchmark progress are optional.

G. Two (2) to five (5) hours per week will be set aside for classroom consultation for student(s) who receive therapy and for those CSB student(s) who in the future may require therapy. The Occupational Therapist will provide suggestions via an informal write up for the classroom teacher and CDE Contract Monitor. The Occupational Therapist may also identify potential students for assessment.

H. The Occupational Therapist must meet in person with the CDE Contract Monitor or authorized CDE authorized designee on a weekly basis to review his/her schedule for the week and to obtain any necessary information regarding CSB student(s) progress.

V. SCHEDULE:

A. The Occupational Therapist will assess and work with CSB student(s) at CSB for a designated period of time, as stipulated in the student’s IEP between the school day hours of 8:00 a.m.- 5:00 p.m. Monday through Friday, excluding school and state holidays, in a classroom determined by the CDE Contract Monitor.

B. The Occupational Therapist will provide services during the regular school year and during the three (3) weeks of Extended School Year, which runs from July 10, 2025, through July 28, 2025.

C. The CDE Contract Monitor or CDE authorized designee will notify the Contractor via email or telephone at least two weeks prior to the requested assessment, consultation and direct therapy service(s) with a scheduled date and time. The Occupational Therapist must respond to the CDE Contract Monitor or CDE authorized designee within five (5) business days of initial results to confirm availability, and date and time of the service(s).

D. The CDE Contract Monitor will notify the Contractor of any cancellations for any scheduled appointments at least twenty-four (24) hours prior to the scheduled therapy date.

VI. COORDINATION:

A. The Contractor and any employees must sign in at the Administration Office at CSB and check in with the CDE Contract Monitor and/or CSB staff member prior to beginning services each day.

B. The Contractor and any employees will be issued an identification badge which must be worn at all times while on the CSB campus.

C. The Occupational Therapist will review CSB student(s) record(s) at CSB for the purposes of assessment needs, at the request of the Contractor, the CDE Contract Monitor or authorized designee.

D. The Contractor shall maintain all data in accordance with Exhibit D, Article II, Data

Management (DM) Requirements and Exhibit F, Confidentiality Statement.

E. The Contractor and any employees will be required to provide CSB with proof of

Tuberculosis clearance, fingerprint clearance and Department of Justice background clearance prior to working with any CSB student(s).

VII. OCCUPATIONAL THERAPIST QUALIFICATIONS:

A. The Occupational Therapist(s) assigned to provide services must have a minimum of three (3) years’ experience providing OT services to students who have low incidence or multiple disabilities. The Occupational Therapist(s) must have knowledge about the unique learning needs of students who have visual impairments, including student(s) who have additional disabilities.

B. The Occupational Therapist(s) assigned to provide services must possess, and upon request must provide the CDE Contract Monitor with, all of the following:

1. A Bachelor’s or Master’s Degree in Occupational Therapy and,

2. A current and valid license issued by the California Board of Occupational

Therapy License and,

3. A current and valid certification from the National Board for Certification in

Occupational Therapy.

C. Only Occupational Therapist(s) with required certificate, educational degree, and license on file with the CDE Contract Monitor will be allowed to provide Occupational Therapy services under this contract.

VIII. STAFF REPLACEMENTS:

The Contractor must provide a list of any new/replacement Occupational Therapists; the list must include the city and state of their residences and must certify that all Occupational Therapists listed are employees of the Contractor, or under contract with the Contractor at the time that the Contractor submits the list of any new/replacement Occupational Therapists to the CDE.

IX. CONTRACTOR RESPONSIBILITIES:

A. In the event that the Occupational Therapist(s), required license or certification is to expire, the Contractor shall provide current/renewed license or certification to the CDE Contract Monitor thirty (30) calendar days prior to expiration.

B. The Contractor must verify through the appropriate licensing boards that no current or unresolved adverse actions have been taken by the State licensing authorities against any Occupational Therapist assigned to CSB, and that all licenses are active and void of misconduct. If the Contractor sends an employee that has any adverse actions or does not have a current valid license and certification, the CDE will not allow the employee to render services under this contract and no services will be paid for.

C. The Contractor must maintain all data in accordance with Exhibit D, Article II. Data Management (DM) Requirements and Exhibit F, Confidentiality Statement.

X. CDE RESPONSIBILITIES:

A. If requested by the Contractor, the CDE Contract Monitor or CDE authorized designee will provide a locked closet for the Contractor where equipment can be safely stored. Contractors must receive prior approval from the CDE Contract Monitor or CDE authorized designee.

B. The CDE Contract Monitor or CDE authorized designee will provide the Contractor with access to CSB student(s) records and IEPs to determine specific needs.

C. The CDE Contract Monitor or CDE authorized designee will introduce the

Occupational Therapist to each CSB student prior to any services. In the case that neither the Contract Monitor or Authorized Designee is available, service start date will be rescheduled until which time an introduction can be made.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this agreement.

Invoices shall include the Agreement Number BF240072 and shall be submitted in arrears, not more frequently than monthly in duplicate to:

California Department of Education California School for the Blind Attention: Jennifer Simmons 500 Walnut Avenue Fremont, CA 94536 Email: jsimmons@csb-cde.ca.gov

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

IV. DVBE PARTICIPATION WITHHOLD (1/1/2022)

In accordance with the requirements set forth in the Military and Veterans Code (MVC), Section 999.7, the State shall withhold from the final payment amount to the Contractor, $10,000.00, or the full final payment if less than $10,000.00, until the prime Contractor complies with the certification requirements of MVC 999.5(d) by submitting to the State a completed an accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) form and proof of payment to DVBE(s). Such retained amount shall be held by the State and shall be released pending receipt of a complete and accurate STD. 817 and proof of payment to the DVBE(s). If the Std. 817 form is late or incomplete, the State will allow the Contractor to cure within 30 days to meet the certification requirements. If the Contractor does not comply by the given deadline, the withheld amount will be permanently deducted. (See Exhibit E, Contract Requirements Related to DVBE Participation Compliance)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

Occupational Therapy Services – IFB BF240072

Contract Period: September 1, 2024 through August 31, 2025

The undersigned Contractor hereby proposes to furnish all labor, material, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, certifications, licenses, insurance and/or any other overhead expenses necessary to perform all the work required for occupational therapy services in accordance with the terms and conditions contained herein:

DESCRIPTION HOURLY RATE HOURS* = GRAND TOTAL

Occupational Therapy Services

$___________/hour X 820 hours = $_____________

*Number of hours are an estimation only; the CDE reserves the right to increase or decrease the number of hours as needed.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

License #:____________________________________________________________

Federal ID #:__________________________________________________________

Questions regarding completion of this form should be brought to the attention of: Alejandra Ramirez, by email at aramirez@cde.ca.gov or by phone at (916) 319-0412

EXHIBIT B.2 – CONTRACTOR’S BID FORMS

Occupational Therapy Services – IFB BF240072

OPTION TO RENEW: Contract Period: September 1, 2025 through August 31, 2026

The undersigned Contractor hereby proposes to furnish all labor, material, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, certifications, licenses, insurance and/or any other overhead expenses necessary to perform all the work required for occupational therapy services in accordance with the terms and conditions contained herein:

DESCRIPTION HOURLY RATE HOURS* = GRAND TOTAL

Occupational Therapy Services

$___________/hour X 820 hours = $_____________

*Number of hours are an estimation only; the CDE reserves the right to increase or decrease the number of hours as needed.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

License #:____________________________________________________________

Federal ID #:__________________________________________________________

EXHIBIT B.3 – CONTRACTOR’S BID FORMS

Occupational Therapy Services – IFB BF240072

OPTION TO RENEW: Contract Period: September 1, 2026 through August 31, 2027

The undersigned Contractor hereby proposes to furnish all labor, material, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, certifications, licenses, insurance and/or any other overhead expenses necessary to perform all the work required for occupational therapy services in accordance with the terms and conditions contained herein:

DESCRIPTION HOURLY RATE HOURS* = GRAND TOTAL

Occupational Therapy Services

$___________/hour X 820 hours = $_____________

*Number of hours are an estimation only; the CDE reserves the right to increase or decrease the number of hours as needed.

This bid form must be completed in its entirety. An unsigned bid form may result in disqualification.

Bidder Name: ________________________________________________________

Address: ____________________________________________________________

City/State/Zip: ________________________________________________________

Email: ______________________________________________________________

Phone: _____________________________________________________________

Signature: ___________________________________________________________

Printed Name/Title: ____________________________________________________

License #:____________________________________________________________

Federal ID #:__________________________________________________________

EXHIBIT C – GENERAL TERMS AND CONDITIONS

GTC 04/2017 will be incorporated by reference and made part of this Agreement. The GTC 04/2017 document can be viewed at https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render services as a result of any action by any governmental authority.

II. DATA MANAGEMENT (DM) REQUIREMENTS (Rev. 7/22):

A. Definitions: The following definitions apply for the purposes of this Agreement:

“Aggregated Data” means any data expressed in a summary form, for purposes such as statistical analysis to de-identify the Data and prevent unlawful or unauthorized disclosure of PII and/or Student or Individual-Level Data.

“Confidential Information” means Proprietary Information, Personally Identifiable Information (PII), and Student or Individual-Level Data, as each are defined below.

“Data” means any digital or hard copy records or information, whether…