IFB_BVNPT_16-1_Fee_Audit.pdf

STATE OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS

INVITATION FOR BID (IFB)

IFB NO. BVNPT-16-01

FEE AUDIT

Notice to Prospective Bidders

March 2, 2016

You are invited to review and respond to this Invitation for Bid (IFB) BVNPT-16-01, entitled “FEE AUDIT”. In submitting your bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet sites http://www.documents.dgs.ca.gov/ols/GTC-610.doc and http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the Department of Consumer Affairs, this Invitation for Bid is complete and without need of explanation. However, for any clarifying information, the contact person for this IFB is:

Chikul Patel Department of Consumer Affairs

1625 N. Market Boulevard, Ste. S-103 Sacramento, CA 95834 Phone: (916) 574-7287

Fax: (916) 574-8658 E-mail: chikul.patel@dca.ca.gov

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

Mandatory DVBE Participation is not required for this IFB. Any bidder who is able to locate and use DVBE’s will be given incentive points according to the percentage of DVBE usage per instructions found on Attachment 9.

Chikul Patel Contract Administrator http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

Department of Consumer Affairs, Board of Vocational Nursing and Psychiatric Technicians Invitation For Bid No. BVNPT-16-01

Fee Audit

Table of Contents

Section Page I. Purpose and Description of Services

II. Minimum Qualifications for Bidders

III. Bid Requirements and Information

A. Time Schedule ........................................................................... …

B. Submittal of Written Questions

C. Submittal of Bid

D. Evaluation and Selection Process

E. Award and Protest

F. Disposition of Bids

G. Agreement Execution and Performance

H. Darfur Contracting Act of 2008

I. Loss Leader…………………………………………………………………………….9

IV. Preference Programs

V. Required Attachments

A. Attachment 1 - Required Attachment Check List ...................... ……

B. Attachment 4 - Bid/Bidder Certification Sheet

C. Attachment 5 - Cost Sheets

D. Attachment 6 - Bidder References

F. Attachment 7 - Darfur Contracting Act

G. Attachment 8 – DVBE Incentive Instructions

H. Attachment 8A – Bidder Declaration

VI. Sample Contract - Standard Agreement (STD 213)

A. Exhibit A, Scope of Work

B. Exhibit B, Budget Detail and Payment Provisions

C. Exhibit C, General Terms and Conditions http://www.documents.dgs.ca.gov/ols/GTC-610.doc

D. Exhibit D, Special Terms and Conditions

E. Exhibit E, Additional Provisions http://www.documents.dgs.ca.gov/ols/GTC-610.doc

I Purpose and Description of Services

The Board of Vocational Nursing and Psychiatric Technicians (Board) ensures qualified persons are licensed vocational nurses and psychiatric technicians by enforcing education requirements and standards of practice. The Board is also the entity responsible for the approval and regulation of vocational nursing and psychiatric technician programs operating in the State of California. A specific goal of the Board is to review and recommend fees to be levied on applicants and programs, including but not limited to, application for licensure fees, renewal fees, new program application fees, etc., and any modifications thereof. These fees are intended to be sufficient to cover the cost of the Board’s regulatory services.

The intent of the fee audit is to analyze the Board’s fee structure to determine if fees are properly aligned and appropriate for recovery of the actual cost of conducting its programs. Another purpose of the audit is to determine a cost basis to assess the services provided by the Board when a separate fee is not provided, if any. The analysis should also review any levels of subsidies occurring within these groups in addition to enforcement related costs.

The fee audit should reflect all fees and other revenue collected by the Board, as well as all Board expenditures and activities during a specific year and include a projection of the next five years that demonstrates a balance between the fees collected and fee structure. The Board also requires that the audit include activity and workload data for Board employees (approximately seventy (70) employees at various time base and salary levels) and combines this with specific work products (e.g.

number of investigations and inspections conducted; applications received and processed; etc.) to determine an hourly cost or cost per unit associated with Board activities and services.

For a detailed description of services, refer to Sample Agreement, Exhibit A, Scope of Work, which is incorporated herein.

The projected term for this Agreement will March 28, 2016 or upon approval through June 30, 2016.

II Minimum Qualifications for Bidders

The following are the minimum qualifications for bidders that respond to this IFB. Bidders must clearly demonstrate that these minimum qualifications are met in a Bidder Minimum Qualifications Statement that will be included in the bidder’s response to this IFB.

1. The bidder must be in good standing and licensed to do business in California.

2. The bidder must have a minimum of at least two (2) years of experience providing this type of services and must be able to provide two (2) references.

III Bid Requirements and Information

A. Time Schedule

Listed below are important dates and times by which specific actions must be taken or completed.

If DCA/BVNPT finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. Any dates that follow the final date for bid submission are only approximate and may be adjusted by DCA/BVNPT as conditions indicate without addendum to this IFB.

Event Date Time

IFB Available to Prospective Bidders March 2, 2016

Written Question Submittal Deadline March 8, 2016

Bid Submittal Deadline March 17, 2016 3:00 p.m.

Bid Opening March 18, 2016 10:00 a.m.

Anticipated Agreement Start Date March 28, 2016 or upon approval (whichever is later)

Note: For security reasons, if you plan to attend the public cost opening, please contact the

Contract Administrator prior to cost opening so arrangements can be made for entrance into the DCA building.

Interested vendors are encouraged to register as a supplier in the California’s new web-based procurement system called Cal eProcure. Cal eProcure is the new portal for the CSCR. For more information, go to https://caleprocure.ca.gov/pages/index.aspx.

B. Submittal of Written Questions

In the opinion of the Department of Consumer Affairs, this IFB is complete and without need of explanation. Submit questions electronically via e-mail to Chikul Patel at chikul.patel@dca.ca.gov by March 8, 2016. Questions received after this date will only be addressed at DCA/BVNPT’s discretion.

If substantive changes to this IFB are deemed appropriate by the DCA/BVNPT as a result of questions received, an addendum will be issued and posted on the California eProcurement System. The addendum will become part of the IFB.

This IFB may only be changed by written addendum. Any verbal representations made by the DCA/BVNPT staff are not binding on either the DCA/BVNPT or the bidder, and cannot be interpreted as modifications or clarifications to this IFB.

https://caleprocure.ca.gov/pages/index.aspx mailto:chikul.patel@dca.ca.gov

C. Submittal of Bid

1. All bids must be submitted in a sealed envelope sent to, and received by Chikul Patel by date and time shown in Section III, Bid Requirements and Information, Item A. – Time Schedule.

The sealed envelope must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

Bid No. BVNPT-16-01

Department of Consumer Affairs Business Services Office – Non-IT Contracts Unit

Attention: Chikul Patel 1625 North Market Boulevard, Suite S-103

Sacramento, CA 95834

DO NOT OPEN

This address applies to both Postal Service Deliveries or Hand Deliveries (UPS, Express Mail, Federal Express, and Walk-Ins).

Bids not submitted under sealed envelope or not received by Chikul Patel by the required submission date may be rejected. One (1) original and two (2) copies shall be submitted. The original hard copy bid must be marked “Master”.

2. All bids shall include the documents identified in Attachment 1 – Required Attachment Check

List (see page 10). Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

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

4. Mail or deliver bids to the address shown above. Neither the postmark on the bid proposal envelope nor receipt in the California Department of Consumer Affairs mail room will constitute timely delivery. Any bid received in the DCA Non-IT Contracts Unit after the date and time specified in the Time Schedule identified in Section III, A. will not be considered. It is the DCA policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid.

Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB.

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

6. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind.

7. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the DCA/BVNPT.

8. An individual who is authorized to bind the bidding firm contractually must sign the Bid/Bidder Certification Sheet (see IFB Attachment 4). The signature must indicate the title or position that the individual holds in the firm. Note: An unsigned bid shall be rejected.

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

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

11. The DCA/BVNPT may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

12. 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 the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the DCA/BVNPT unless the DCA/BVNPT issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the DCA/BVNPT will issue an addendum to all bidders that received a bid package.

13. The DCA/BVNPT is not required to award an agreement. The DCA/BVNPT reserves the right to reject any and all bids and to waive any immaterial deviations in a bid. The DCA/BVNPT’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded the Agreement.

D. Evaluation and Selection Process

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

2. The DCA/BVNPT shall evaluate each bid to determine its responsiveness to all IFB requirements. All bidders must meet the minimum qualifications in order to be considered responsive.

3. Bids that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the DCA/BVNPT, such information was intended to mislead the DCA/BVNPT in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

4. DVBE Participation is exempt from this IFB. However, the DVBE Incentive applies to this IFB.

Please see Attachment 8 for DVBE Incentive Instructions.

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

6. The DCA/BVNPT does not accept alternate contract language from a prospective contractor.

A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

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

E. Award and Protest

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

2. Upon award of the agreement, the Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

3. Upon award of the agreement, the Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC 307) which can be found on the Internet at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

4. All protests must be made in writing, signed by an officer of the company or individual authorized to do so and submitted within five (5) working days of the State’s posting of its intent to award. An original copy of the protest must be mailed (i.e. certified mail with return receipt requested) to:

Department of General Services Office of Legal Services 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Attention: Protest Coordinator

A copy of the protest must also be mailed (certified or registered recommended) to:

Department of Consumer Affairs Business Services Office – Contracts Unit Attn: Chikul Patel 1625 N. Market Blvd., Suite S103 Sacramento, CA 95834

Within five (5) working days of filing a protest, the bidder must submit a complete written statement specifying the grounds of the protest to the same aforementioned individuals. The protestor must provide facts and evidence to support its claim.

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

F. Disposition of Bids

1. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's proposal, shall be held in the strictest confidence until the award is made.

G. Agreement Execution and Performance

1. Performance shall start on the express date set by the DCA/BVNPT and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the DCA/BVNPT, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

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

3. Should, during the course of the resulting contract, it become necessary to modify the contract, those modifications may be made only by mutual agreement between the contracting parties through a written amendment to the contract. A contract amendment shall not be effective unless in writing and until fully executed by both parties.

H. Darfur Contracting Act of 2008

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from 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 Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code 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 when it submits a bid or proposal to a State agency (See # 1 on Attachment 7).

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 Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b) (See #2 on Attachment 7).

I. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

IV Preference Programs

The standard contract language for the preference programs can be found at the Internet websites listed below:

A. Small Business Enterprise (SBE) - https://caleprocure.ca.gov/pages/index.aspx B. Target Area Contract Preference Act (TACPA) http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf C. Disabled Veteren Business Enterprise (DVBE) Program http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf

V. Required Attachments

ATTACHMENT 1

Required Attachment Check List

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

Complete this checklist to confirm the items in your bid package. Place a check mark or “X” next to each item that you are submitting to the DCA. If any of the below Attachments with an * are not applicable, place “N/A” next to each item not being submitted with the bid package. For your bid to be responsive, all “Required” attachments must be returned. This checklist must also be returned with your bid package.

Attachment Attachment Name/Description

_____ Attachment 1 Attachment Check List - Required

_____ Attachment 2 Bidder Minimum Qualification Statement – Required

_____ Attachment 3 Current resume(s) for staff working on this agreement - Required

_____ Attachment 4 Bid/Bidder Certification Sheet (with original signature) - Required

_____ Attachment 5 Cost Sheets - Required

_____ Attachment 6 Bidder References – Required

_____ Attachment 7 Darfur Contracting Act - Required

_____ Attachment 8 ** Disabled Veteran Business Enterprise (DVBE) Program Bid Incentive Instructions

_____ Attachment 8-A Bidder Declaration - Required

______ Attachment 9 *Payee Data Record (STD 204)

_____ Attachment 10 *Contractor Certification Clauses (CCC 307) http://www.documents.dgs.ca.gov/ols/CCC-307.doc

_____ Attachment 11 **Target Area Contract Preference Act (TACPA)

* These documents are not required with the Bid Package, but are required upon award of the contract.

**Provide only if applicable.

http://www.documents.dgs.ca.gov/ols/CCC-307.doc

ATTACHMENT 4

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package. The bid must be transmitted in a sealed envelope in accordance with the IFB instructions.

By signing this certification, the bidder certifies that:

A. An all-inclusive bid is submitted as detailed in the Cost Sheet, Attachment 5.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document and authorizes the verification of any part of this bid.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Bidder’s Email Address:

13. Signature 14. Date

15. Are you certified with the Department of General Services, Office of Small Business and DVBE Services (OSDC) as:

a. Small Business Enterprise

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDC, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet (page 2)

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

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13, Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDC.

ATTACHMENT 5

COST SHEET

Business Name: _______________________________________________________

Consultant Name Hourly Rate

Items Name And Estimated Hours To Complete Rate Per Hour Extended Total

Task 1

Task 2

Task 3

Task 4

Task 5

Miscellaneous Expense (travel, lodging, rental, meals, postage, etc.)

This cost is an estimate used for determining the lowest offer, and is not binding on the State.

$ 2,000.00

Total Cost (basis of award) (TASK 1 +2+3+4+5+ Miscellaneous Expense) $

AMENDMENTS: Should it become necessary to modify the terms of the contract, those modifications shall be made in writing and signed by both parties. A contract amendment will not be effective unless in writing and until fully executed by both parties. No oral understanding or agreement is binding on either the Contractor or the Bureau unless incorporated through the proper contract process.

TRAVEL: Travel time shall be billed at the same hourly rate as contracted. Reimbursement for travel (i.e., meals, accommodations, related expenses, etc.) shall be reimbursed at the exempt employee rates in accordance with the California Code of Regulations, Title 2, Chapter 3, Article 2, Section 599.615.1.

BID AMOUNT FOR March 28, 2016 or upon approval (whichever is later )through July 30, 2016

Total Cost for Fee Audit (total from page 13)

(Basis of Award)

A. The DCA/BVNPT reserves the right to make mathematical corrections to Cost Sheet and/or contact the bidder for clarification purposes.

I hereby certify that I am authorized to sign this Cost Sheet and warrant that the cost shown above is accurate and represents an unconditional offer to the Department of Consumer Affairs.

Signature

Date Signed

Printed Name

Title

Bidding Firm

Federal I.D. Number

Fee Audit

ATTACHMENT 6

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

List below three (3) references of services performed within the last five (5) years, which are similar to the scope of work to be performed in this agreement.

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number Dates of Service Value or Cost of Service Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code Contact Person Telephone Number

Fee Audit

ATTACHMENT 7 – DARFUR CONTRACTING ACT

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

Therefore, to be eligible to submit a bid or proposal, please complete only one (1) of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

1. _____ We do not currently have, or we have not had within the previous three years, Initials business activities or other operations outside of the United States.

OR

2. _____ We are a scrutinized company as defined in Public Contract Code section Initials 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three years, business Initials activities or other operations outside of the United States, but we certify below + certification that we are not a scrutinized company as defined in Public Contract Code Below section 10476.

CERTIFICATION For # 3.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California.

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed

Executed in the County and State of

ATTACHMENT 8

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

BID INCENTIVE INSTRUCTIONS

(Revision Date 09/03/2009)

Please read the requirements and instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. Unless stated elsewhere in the solicitation that the DVBE incentive has been waived, in accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

DVBE Participation DVBE Incentive 100% 5%

50% up to 99.99% 4% 11% up to 49.99% 3% 3% up to 10.99% 2% 1% up to 2.99% 1%

As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.

(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation documents). Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive.

Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s).

THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS:

Awarding Department: Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation.

Other State and Federal Agencies, and Local Organizations:

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at https://caleprocure.ca.gov/pages/index.aspx . To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: https://caleprocure.ca.gov/pages/index.aspx For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375- 4940 or send an email to: OSDCHelp@dgs.ca.gov.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions. Remember to verify each firm’s status as a California certified DVBE.

LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf).

mailto:OSDCHelp@dgs.ca.gov http://www.ccr.gov/ http://www.pd.dgs.ca.gov/smbus

RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:

http://www.pd.dgs.ca.gov/smbus/advocate.htm.

The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:

• DVBE Trade Paper Listing (New 02/09) (pdf)

• DVBE Focus Paper Listing (New 02/09) (pdf)

U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only –Database: www.ccr.gov.

FOR:

Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations: Go to https://caleprocure.ca.gov/pages/index.aspx and select: DVBE Local Contacts (New 02/09) (pdf)

FOR:

List of potential DVBE subcontractors

DGS-PD EProcurement Website: https://caleprocure.ca.gov/pages/index.aspx Phone: (916)375-2000 Email: OSDSHelp@dgs.ca.gov

FOR:

• SB/DVBE Search

• CSCR Ads

• Click on Training tab to Access eProcurement Training Modules including: Small Business (SB)/DVBE Search

DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: www.pd.dgs.ca.gov/smbus OSDS Receptionist, 8 am-5 pm: (916) 375-4940 PD Receptionist, 8 am-5 pm: (800) 559-5529 Fax: (916) 375-4950 Email: osdchelp@dgs.ca.gov

FOR:

• Directory of California-Certified DVBEs

• Certification Applications

• Certification Information

• Certification Status, Concerns

• General DVBE Program Info.

• DVBE Business Utilization Plan

• Small Business/DVBE Advocates

Commercially Useful Function Definition

California Code of Regulations, Title 2 §1986.61(I):

The term “DVBE” contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

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

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

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

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

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

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

http://www.pd.dgs.ca.gov/smbus/advocate.htm http://www.ccr.gov/ https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/index.aspx mailto:OSDSHelp@dgs.ca.gov mailto:osdchelp@dgs.ca.gov

ATTACHMENT 8A

STATE OF CALIFORNIA Section VI – Sample Contract

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

TBD

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

CONTRACTOR'S NAME

2. The term of this March 28, 2016 or upon approval (whichever is later) through July 30 2016, Agreement is:

3. The maximum amount $ of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work page(s) Exhibit A – Attachment I – page(s)

Exhibit B – Budget Detail and Payment Provisions page(s) Exhibit B – Attachment I – Cost Sheets Exhibit C* – General Terms and Conditions GTC 610 (Number) Exhibit D – Special Terms and Conditions page(s) Exhibit E – Additional Terms and Conditions page(s) Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

Person signing agreement

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

Department of Consumer Affairs, Board of Vocational Nursing and Psychiatric Techcicians BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

Person signing agreement

ADDRESS

1625 N. Market Blvd., Suite S-103, Sacramento, CA 95834

Fee Audit

EXHIBIT A

SCOPE OF WORK

1. The Contractor shall provide the Department of Consumer Affairs (DCA), Board of Vocational Nursing and Psychiatric Technicians (Board) auditing and consulting services to conduct a performance audit of its fee structure.

2. The services shall be performed at the Board’s office located at 2535 Capitol Oaks Drive, #205, Sacramento, CA 95833 and at (vendor location TBD). If agreed upon by Contractor and the Board, meetings may be held at an alternate location, with no additional cost to the Board.

3. The services shall be performed during the hours of 8:00 a.m. to 5:00 p.m. PST, Monday through Friday, except state holidays.

4. The project coordinators during the term of this agreement will be:

Department of Consumer Affairs Contractor Board of Vocational Nursing and Psychiatric Technicians

Name: TBD Name: TBD Phone: TBD Phone: TBD Fax: TBD Fax: TBD Email: TBD Email: TBD

Direct all agreement inquiries to:

Department of Consumer Affairs Contractor Contracts Unit Name: Chikul Patel Name: TBD Address: 1625 N. Market Blvd Address: TBD

S-103, Sacramento CA 95835

Phone: (916) 574-7269 Phone: TBD Fax: (916) 574-8658 Fax: TBD Email: chikul.patel@dca.ca.gov Email: TBD

5. The Contractor shall:

a. Perform an analysis of the Boards’s fee structure to determine if fee levels are appropriate for the recovery of the actual cost of conducting its programs.

b. Determine a cost basis to assess other services provided by the Board when a separate fee is not provided.

c. Include the following elements in the fee audit review:

i. All fees and other revenues collected by the Board as well as related expenditures and activities for a specific year;

Fee Audit

ii. Projecting fees and revenues and related costs and activities for the next five (5) years with assessments of balancing fees collected, the fee structure and program expenditure needs;

and

iii. An assessment of activity and workload data for Board employees (approximately seventy

(70) at various salary levels, and time base), correlating this data with work products (e.g., investigations, inspections, applications, audits, licenses issued and received and processed) to determine an hourly cost or cost per unit for the various Board activities and services.

6. The Contractor shall perform the following tasks:

Task 1

1) Preparatory meeting with Board management staff to review project objectives and deliverables. Agenda items shall include:

a. Obtain a full understanding of the scope of this project;

b. Perform a preliminary review of the operating environment; and

c. Review existing statutory mandates and fee structure conducting and completing project.

2) Obtain basic background and relevant resource documents for conducting audit, to include:

a. Detailed budget and expenditure statements and revenue statements for the last three (3) years;

b. Performance based budgeting metrics as detailed in the 2016-2017 Governor’s budget;

c. Reports from database that provide projected volumes;

d. 2014 Sunset report; and

e. Procedure manuals for conducting various program operations.

3) Provide detailed work plan and proposed project schedule within two (2) weeks of preparatory meeting, by March 30, 2016.

Task 2

1) Meet with key managers to conduct walk-throughs of pertinent functional areas, perform in-depth interviews of staff, perform observations and data collection to identify operational processes, procedures, roles and responsibilities in each program area.

2) Identify specific audit tasks to fulfill the requirements of the project, develop key questions and work documents upon which to build the specifics of the fieldwork and audit program.

3) Maintain ongoing communication with Board project manager, to assure that all pertinent information is acquired, a full understanding of the project requirements and expectations are met, all pertinent data has been collected, and a full understanding of the analysis of the data collected. The Contractor shall provide on-site, in-person briefings as requested by the Board project manager.

4) Provide a detailed audit plan that identifies specific audit tasks in order to fulfill the requirements of the project by April 18, 2016.

Task 3

1) Draft an executive summary and report that assimilates all the findings and conclusions of the project by May 16, 2016.

2) Perform quality assurance checks to ensure the accuracy, supportability and concurrence of the evidence and findings of the audit.

3) Meet with Board project manager and key management staff for a formal discussion of all the issues, findings, and recommendations that will be included in a final written report. Review and discuss any additional information or concerns of the Board and make amendments to written report as required in its entirety.

Task 4

1) Prepare, deliver and review with key Board management staff, Board project manager, and Board’s Organizational Development Committee, the draft report in both hard copy and electronic format, by May 30, 2016.

2) Make any final edits, amendments on draft report incorporating any concerns, comments from

Board management.

Task 5

1) Meet with Board management and deliver the final report in both hard copy and electronic format, by July 30, 2016.

7. The Contractor shall follow the procedures/methods established below to complete the foregoing tasks.

A. When conducting formal presentations with the Board’s management staff, or Board strategic committee, at the request of the Board’s project manager, the Contractor shall use Microsoft PowerPoint presentations or other form of overhead projection to facilitate and to manage discussions.

B. Provide the Board’s project manager with monthly status reports via hard copy and electronic format. These reports shall include the following and be due by the end of each month.

1) Project work performed during the month;

2) Project work anticipated to be performed during the following month; and

3) Problems that have arisen or are anticipated.

C. Provide the Board’s project manager with draft key questions and work documents that confirm understanding of project scope, mandates and required outcome on the last working day of each month.

8. Project Deliverables

TASKS DELIVERABLES

(completion by)

Task 1 March 30, 2016

Task 2 April 18, 2016

Task 3 May 16, 2016

Task 4 May 30, 2016

Task 5 July 30, 2016

9. Project Schedule

The Contractor shall provide the aforementioned services with completion dates as specified. The Board may modify any task schedule date, as necessary. Should service completion date (s) need modification, the Board will coordinate completion dates with the Contractor. Completion dates may not exceed the expiration date of this agreement without an official amendment to this agreement, extending the contract end date.

Fee Audit

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. 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. All services/products to be delivered by the Contractor will be subject to final inspection and acceptance by the Bureau management. Payment to the Contractor will serve as acceptance of services provided.

Itemized invoices shall include the Agreement Number and be submitted, in triplicate, not more frequently than monthly in arrears to:

Bureau of Vocational Nursing and Psychiatric Technicians Attn: TBD

Agreement Number: (TBD) 1625 North Market Blvd., Suite S -208

Sacramento, CA 95834

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

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

3. PROMT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified by Government Code, Chapter 4.5 (commencing with section 927).

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

5. PAYMENT: The maximum amount payable to the Contractor shall be (TBD). The Contractor shall provide a detailed invoice indicating rates, hours and name of consultant tied to each task as well as adding a detailed breakdown of all miscellaneous costs as outlined.

6. PROGRESS PAYMENTS: Progress payments are permitted for work performed under this agreement. Ten percent (10%) of the invoiced amount shall be withheld pending final completion of the agreement, receipt, and acceptance by the State of any final reports required under the agreement. The Contractor agrees to comply with the requirements of Public Contract Code section 10346.

All funds withheld shall be paid after…