IFB_DF240014_Certified_Athletic_Trainer.pdf

California Department of Education Invitation for Bid (IFB) Certified Athletic Trainer –

DF240014

California School for the Deaf, Fremont 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 4, 2024, at 12:00 pm PDT

Public Bid Opening: April 9, 2024, at 10:00 am PDT Contract Period: August 1, 2024 – July 31, 2025

One-Year Option to Renew: August 1, 2025 – July 31, 2026 One-Year Option to Renew: August 1, 2026 – June 30, 2027

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Certified Athletic Trainer –

DF240014

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. CONTRACTOR QUALIFICATIONS:

IV. CONTRACTOR CLEARANCE:

V. ATHLETIC TRAINING SERVICES:

VI. MATERIALS AND SUPPLIES:

VII. SPECIAL INSTRUCTIONS:

VIII. TRAINER REPLACEMENT:

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. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

III. WORKERS’ COMPENSATION

IV. AMENDMENTS

V. OPTION TO RENEW

VI. CONTRACT REQUIREMENTS RELATED TO DVBE PARTICIPATION

COMPLIANCE

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 37

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 6 – 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 Certified Athletic Trainer (CAT) coverage for California School for the Deaf, Fremont (CSDF), 39350 Gallaudet Drive, Fremont, CA, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on August 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 MARCH 19, 2024

Bids Due APRIL 4, 2024 at 12:00 pm PDT

Public Bid Opening APRIL 9 at 10:00 am PDT

Contract Start Date AUGUST 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 Requirements 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 table 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.

A. The Bidder’s, and/or all employee(s), providing services under this contract must possess, and provide a photocopy of Bidder’s, or Bidder’s employee’s current and valid Certified Athletic Trainer Certification issued by the Board of Certification (BOC), with a current Cardiopulmonary Resuscitation and Automated External Defibrillator (CPR/AED) for Professional Rescuers and Health Care Providers.

B. The Bidder’s, and/or all employee(s), providing services under this contract must possess, and provide a photocopy of the current and valid Basic Life Support (BLS) Provider card issued by the American Heart Association (AHA) or the Red Cross.

C. Fluency in American Sign Language (ASL) is preferred for the primary athletic trainer. If ASL fluent CAT(s) are not available, the Bidder is allowed to subcontract for ASL fluent CAT(s), OR may subcontract for qualified and certified ASL interpreters for at least 600 hours during the contract year. The bidder must provide the CDE with a list of subcontracted ASL interpreters to be used along with their credentials before any services are rendered in performance of this contract.

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 phone at (916) 319-0412 or by e-mail at aramirez@cde.ca.gov.

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 – CERTIFIED ATHLETIC TRAINER – 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 – DF240014 – IFB 1430 N Street, Suite 2213 Sacramento, CA 95814

SEALED BID – CERTIFIED ATHLETIC TRAINER – 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 Thursday, April 4, 2024 at 12:00 pm PDT.

The bids will be publicly opened and read on Tuesday, April 9, 2024 and 10:00 am PDT at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2122, 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 – DF240014, 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

1. The Bidder’s, and/or all employee(s), providing services under this contract must possess, and provide a photocopy of Bidder’s, or Bidder’s employee’s current and valid Certified Athletic Trainer Certification issued by the Board of Certification (BOC), with a current and valid Cardiopulmonary Resuscitation and Automated External Defibrillator (CPR/AED) for Professional Rescuer or Health Care Providers..

2. The Bidder’s, and/or all employee(s), providing services under this contract must possess, and provide a photocopy of the current and valid Basic Life Support (BLS) Provider card issued by the American Heart Association (AHA) or the Red Cross.

3. Fluency in American Sign Language (ASL) is preferred for the primary athletic trainer. If ASL fluent CAT(s) are not available, the Bidder is allowed to subcontract for ASL fluent CAT(s), OR may subcontract for qualified and certified ASL interpreters for at least 600 hours during the contract year. The bidder must provide the CDE with a list of subcontracted ASL interpreters to be used along with their credentials before any services are rendered in performance of this contract.

D. Insurance

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. Automobile Liability, AND

3. Professional Liability, AND

4. 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. 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 Bidder Declaration (GSPD-05-105) 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

The bidder must submit proof of DVBE certification. Failure to submit a copy of your proof of DVBE certification for the industry appropriate for this bid will not be cause for bid rejection; however, DVBE incentive 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

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 Certified Athletic Trainer coverage 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, ASL interpreting, equipment, equipment rental, taxes, permits, 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 July 31, 2025; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (August 1, 2025 – July 31, 2026) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period August 1, 2025 – July 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 January 2025.

Costs for the second one-year option to renew (August 1, 2026 – June 30, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period August 1, 2026 – June 30, 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 January 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 shall provide Certified Athletic Trainer (CAT) coverage for California School for the Deaf, Fremont (CSDF), located at 39350 Gallaudet Drive, Fremont, CA 94538, as described herein.

II. CONTRACT MONITORS:

The CDE assigns Jesse Bailey, (510) 344-6022, jbailey@csdf-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. CONTRACTOR QUALIFICATIONS:

The CAT(s) providing services, as outlined in Exhibit A, must possess, maintain, and provide photocopies for the following certifications:

1. A current and valid Certified Athletic Trainer license issued by the Board of Certification

(BOC).

2. A current and valid Cardiopulmonary Resuscitation and Automated External Defibrillator (CPR/AED) certification for Professional Rescuer or Health Care Provider.

3. A current and valid Basic Life Support (BLS) Provider card issued by the American Heart

Association (AHA) or the Red Cross.

4. Fluency in American Sign Language (ASL) is preferred for the primary athletic trainer. If

ASL fluent CAT(s) are not available, the Contractor will be allowed to subcontract for ASL fluent CAT(s), or may subcontract for qualified and certified ASL interpreters for at least 600 hours during the contract year. The Contractor must provide the CDE Contract Monitor or designee with a list of ASL interpreters to be used along with their credentials before any services are rendered in performance of this contract. Costs for ASL interpreting must be included in the rate for CAT services as listed in Exhibit B, Contractor’s Bid Form.

1. Using ASL is required to communicate with students, student athletes, staff and other individuals who are involved in all athletic activities as directed by CSDF. ASL services will not be required for all CAT services, but will be needed for at least 600 hours during the contract year.

2. The Contractor’s Trainer(s) or subcontracted ASL interpreters performing work under this contract may be assessed by the CDE Contract Monitor for ASL fluency to ensure effective communication with students and staff. This assessment may be administered upon the CDE Contract Monitor’s request. The ASL Proficiency Interview (ASL PI) will be used to measure the ASL fluency of the Contractor’s Trainer(s) or subcontracted interpreters. An example of the ASL PI may be found at: https://www.gallaudet.edu/the-american-sign-language-proficiency-interview/aslpi

The CDE Contract Monitor shall reserve the right to request the immediate replacement of the Contractor’s Trainer(s) or subcontracted trainer(s) or interpreters performing work under this contract. If CDE exercises this right, the Contractor must immediately replace the trainer or subcontracted trainer(s) or interpreters upon notification by the CDE Contract Monitor. The replacement trainer(s) must meet the minimum qualifications as outline in Exhibit A, Scope of Work, and Article III. Contractor’s Qualifications. Replaced subcontracted interpreters must be qualified and certified to provide ASL interpreting services. The CDE Contract Monitor may request credentials of any new interpreters to be used during performance of this contract.

The CAT must maintain and be able to provide the CDE Contract Monitor with copies of documentation at any time throughout the entire contract term.

IV. CONTRACTOR CLEARANCE:

CATs shall be required to submit fingerprint scan and obtain Department of Justice background clearances for staff, including Trainer(s), working who may come in contact with students.

In accordance with the California Education Code (EC), Section 45125.1, the Contractor shall certify in writing to CSDF that none of its employees, who may come in contact with students, have been convicted of a felony as defined in the EC Section 45122.1.

EC Section 45122.1 states: a violent felony is any felony listed in subdivision of Section 667.5 of the Penal Code (PC) and a serious felony is any felony listed in subdivision of Section

1192.7 of the PC.

The Contractor shall provide the certification with a list of names of its employees, who may come in contact with students, to the CDE Contract Monitor upon contract approval.

The Contractor will provide an updated list with the hire of staff that may come into contact with students. CSDF will request a list at random to ensure compliance. If the Contractor’s employee is dispatched to provide service to CSDF that is not on the Contractor’s provided list the individual will be escorted to the CSDF Administration Building. The CDE Contract Monitor will contact the Contractor for remedy.

V. ATHLETIC TRAINING SERVICES:

Athletic training services are defined as the management and provision of care of injuries to a physically active person as defined in the state practice act with the direction of a licensed physician. The term includes:

the rendering of emergency care, development of injury prevention programs, providing appropriate preventative devices for the physically active, the assessment, management, treatment, rehabilitation and reconditioning of the physically active person whose conditions are within the professional preparation and education of a certified athletic trainer, the use of modalities such as mechanical stimulation, heat, cold, light, air, water, electricity, sound, massage, the use of therapeutic exercises, reconditioning exercises and fitness programs.

The CAT will provide medical care to deaf student-athletes and accurate records of injuries and treatments. The CAT agrees to use the highest level of professional and medical judgment at all times and refers student-athletes to a doctor for further medical evaluation if an injury appears to warrant further medical evaluation and/or treatment.

A. Fall Sports Camp

CSDF will host a Fall Sports Camp annually in August and the CAT must be present and participate in the event that injuries occur or when medical attention is required. The CAT must be available throughout the duration of the camp in order to ensure the safety of all participating student-athletes.

1. The Fall Sports Camp will take place Sunday through Friday from 8:00 a.m. to 4:00 P.M.

The CDE Contract Monitor will notify Contractor or CAT of exact dates prior to the start of the Fall Sports Camp.

2. The CAT will perform the following on an as-needed basis, during the Fall Sports Camp:

a. Tape students as needed and as determined by the CAT.

b. Work with students who need rehabilitation work, as needed. The need for rehabilitation work will be determined by the student’s doctor/physician or the CAT. If the student’s doctor/physician determines rehabilitation work is necessary, the doctor/ physician will send a note with student and the CAT will provide the necessary rehabilitation work within the scope of their professional training/education.

c. Provide first aid, injury assessment, and treatment to students who require it.

Perform follow up evaluations with the students if the CAT believes them to be necessary, and use the highest level of professional judgment and refer students to a doctor for further medical evaluation should the injury appear to warrant further medical evaluation.

d. Advise the CDE Contract Monitor on student-athletes that need medical attention or determine whether the student-athlete can return to the sports camp.

e. Maintain records of injuries and treatments provided; ensure that documentation and communication is made accessible to the student-athlete’s parents, coach, and CDE Contract Monitor. All documents generated by the CAT or provided to the CDE Contract Monitor will be kept at CSDF in a confidential file.

f. Act as a liaison, by communicating when the student-athlete is injured, needs medical attention or needs rehabilitation services between family physicians and specialists, the school, the student athlete, and the student athlete’s parents.

B. Daily Certified Athletic Trainer Services

The CAT will be required to provide services, during the 2024-2025 Fall, Winter, and Spring season, for all CSDF sports.

For the term of the first year of the contract, services will take place on Tuesday through Thursday, from 2:30 PM – 6:30 PM; and Mondays and Fridays from 1:30 PM to 9:30 PM.

1. If the option to renew is exercised for an additional year(s) of services, the CDE Contract Monitor will provide the Contractor with the schedule for each season where the trainer is required to be present at all athletic events.

2. The CAT will perform the following services, on an as needed basis, during the CSDF football, cross country, soccer, basketball, wrestling, cheerleading, baseball, softball, volleyball, and track season:

b. Work with students who need rehabilitation work, as needed. The need for rehabilitation work will be determined by the student’s doctor/physician or the CAT. If the student’s doctor/physician determines rehabilitation work is necessary, the doctor/ physician will send a note with student and the CAT will provide the necessary rehabilitation work within the scope of their professional training/education.

c. Provide first aid, injury assessment, and treatment to students who require it. The CAT will perform follow up evaluations with the students if the CAT believes them to be necessary. The CAT will use the highest level of professional judgment and refer students to a doctor for further medical evaluation should the injury appear to warrant further medical evaluation.

or determine whether the student-athlete can return to the sports activity.

e. Maintain records of injuries and treatments provided; ensure that documentation and communication is made accessible to the student-athlete’s parents, coach, C. Football Games (Fall/Winter)

Bay Football League and Middle School Football require that certified medical personnel must be present at all Bay Football league and Middle School Football games. The CAT will be present for all Bay Football League and Middle School Football games. If the CAT states that an injured player should not return to play, the CAT’s recommendation is final.

1. Schedule:

a. The CAT will arrive one (1) hour before each home and away game for the

Middle School and High School football games. CAT will arrive at CSDF three (3) hours before each off-campus game.

b. The CAT will remain until all student-athlete concerns and/or injuries are addressed, to the satisfaction of the team coaches and/or Athletic Director.

c. There will be up to five (5) away games per season. Away games may be located in or around the Sacramento or Bay Area regions. For each away game, the Contractor may travel with the team on the team bus or use a personal vehicle.

CAT will inform the CDE Contract Monitor at least twenty-four (24) hours in advance, by phone or email, if they will be meeting the football team at CSDF or the away game location.

d. Away game location(s) are subject to change. If location of away game changes, the CDE Contract Monitor will notify the Contractor at least five (5) business days in advance, via telephone.

2. The CAT will perform services at all football games including, but not limited to the following, on an as-needed basis:

b. Work with students who need rehabilitation work. The need for rehabilitation work will be determined by the student’s doctor/physician or the CAT. If the student’s doctor/physician determines rehabilitation work is necessary, the doctor/ physician will send a note with student and the CAT will provide the necessary rehabilitation work within the scope of their professional training/education.

c. Provide first aid, injury assessment, and treatment to students who require it. The CAT will perform follow up evaluations with the students if the CAT believes them to be necessary. The CAT will use the highest level of professional judgment and refer students to a doctor for further medical evaluation should the injury appear to warrant further medical evaluation.

or determine whether the student-athlete can return to the game.

e. Maintain records of injuries and treatments provided; ensure that documentation and communication is made accessible to the student-athlete’s parents, coach, VI. MATERIALS AND SUPPLIES:

CSDF shall supply the CAT with all medical equipment and supplies required for the duration of this contract. For games at CSDF, materials and supplies will remain on the CSDF campus.

For away games, the CAT will stock a medical supply bag and crutches for each game. The CAT will ensure the bag is supplied and equipped as described in Section A below. The CAT will inform the CDE Contract Monitor of any materials needed to complete the Trainer services.

A. The medical equipment and supplies stocked in the CAT’s medical supply bag must include, but are not limited to:

1. Band aids

2. Antiseptic ointment

3. Flex Wraps

4. Scissors

5. Ice bags

6. Arm and leg braces

7. Athletic tape

8. Bio Hazard blood kits

9. Gloves

10. Nose spigot

VII. SPECIAL INSTRUCTIONS:

Each day of service, the Contractor will sign-in at Gymnasium or Football Field upon arrival unless meeting the football team at an away game location, in which case, the Contractor will sign in with the Head Football Coach at the away game location football field.

Each day of service, the Contractor will wear professional attire, like Contractor’s company shirt or a CSDF shirt provided by CSDF.

VIII. TRAINER REPLACEMENT:

The Contractor, or its subcontractor(s), must have a minimum of two (2) or more trainers in the company with the qualifications noted herein. There shall be no disruption of trainer services during the course of the contract. Disruptions in trainer services caused by the Contractor, or its employees, trainers, or subcontractor(s) may be cause for contract termination.

Repeated disruptions in trainer services caused by the Contractor, or its employees, trainers, or subcontractor(s) may be grounds for contract termination.

The CDE reserves the right to request the immediate replacement of a trainer or subcontractor that causes disruption or delays of trainer services. Please note: The CDE will only compensate for work actually done by the trainer(s). The Contractor, or its subcontractor(s), must have the capacity to replace trainers immediately upon the request of the CDE.

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 DF240014 and shall be submitted in arrears, not more frequently than monthly in duplicate to:

California Department of Education California School for the Deaf, Fremont Attention: Jesse Bailey 39350 Gallaudet Drive Fremont, CA 94538 Email: jbailey@csdf-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

Certified Athletic Trainer – IFB DF240014

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

The undersigned Contractor hereby proposes to furnish all labor, material, travel, transportation, fuel, parking, ASL interpreting, equipment, equipment rental, taxes, permits, licenses, certifications, insurance and/or any other overhead expenses necessary to perform all the work required for Certified Athletic Trainer (CAT) coverage in accordance with the terms and conditions contained herein:

Service Hourly Rate Quantity* = Grand Total

Certified Athletic Trainer Services

$ ________/ Hour X 1,400 Hours

*Number of hours are estimations only. The CDE reserves the right to increase/decrease the quantity 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

Certified Athletic Trainer – IFB DF240014

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

The undersigned Contractor hereby proposes to furnish all labor, material, travel, transportation, fuel, parking, ASL interpreting, equipment, equipment rental, taxes, permits, licenses, certifications, insurance and/or any other overhead expenses necessary to perform all the work required for Certified Athletic Trainer (CAT) coverage in accordance with the terms and conditions contained herein:

Service Hourly Rate Hours* = Grand Total

Certified Athletic

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

Certified Athletic Trainer – IFB DF240014

OPTION TO RENEW: Contract Period: August 1, 2026 through June 30, 2027

The undersigned Contractor hereby proposes to furnish all labor, material, travel, transportation, fuel, parking, ASL interpreting, equipment, equipment rental, taxes, permits, licenses, certifications, insurance and/or any other overhead expenses necessary to perform all the work required for Certified Athletic Trainer (CAT) coverage in accordance with the terms and conditions contained herein:

Service Hourly Rate Hours* = Grand Total

Certified Athletic

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:…