IFB_ST259015_Pre-Employment_Examination_Services.pdf

PETE CERVINKA

ACTING DIRECTOR

State of California—Health and Human Services Agency

Department of Developmental Services 1215 O Street, Sacramento, CA 95814 www.dds.ca.gov

GAVIN NEWSOM

GOVERNOR

INVITATION FOR BID (IFB) ST259015

Pre-Employment Examination Services

August 28, 2025

You are invited to review and respond to the Department of Developmental Services (DDS) Invitation for Bid (IFB) ST259015, Pre-Employment Examination Services. In submitting your bid, you must comply with the instructions found herein.

Read all portions of this solicitation carefully. The Bidder is solely responsible for ensuring that DDS receives the complete bid in accordance with the Bid requirements, prior to the date and time specified in the solicitation. Bids received after the specified deadline will not be considered for review. DDS shall not be responsible for any delays in submittal, including misdelivery. DDS reserves the right to cancel this IFB without cause at any time prior to award.

Bidders are advised to check the Cal eProcure website for addenda, modifications, and updates to the Bid documents. DDS is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to check the website periodically will be at the Bidder’s sole risk.

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 site Standard Contract Language for Non-IT Services.

In the opinion of DDS, this IFB is complete and without need of explanation. However, if questions arise or there is a need to obtain clarifying information, bidders shall submit an email by the Written Questions Submittal Deadline in Article V., Key Action Dates.

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

Department of Developmental Services

IFB ST259015

Contents

I. DESCRIPTION OF SERVICES

II. AGREEMENT PERIOD

III. BIDDER ELIGIBILITY CRITERIA

IV. BIDDER REQUIREMENTS

V. KEY ACTION DATES

VI. QUESTIONS AND ANSWERS

VII. SUBMISSION OF BID

VIII. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

IX. EVALUATION

X. AWARD AND PROTEST

XI. DISPOSITION OF BIDS

XII. AGREEMENT EXECUTION AND PERFORMANCE

XIII. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) NOTIFICATION

XIV. PARTICIPATION, PREFERENCE, AND INCENTIVE PROGRAMS

1. DVBE Program Participation

2. DVBE Incentive

3. Small Business (SB) Preference Program

4. Non-Small Business Preference Request

EXHIBIT A–SCOPE OF WORK

EXHIBIT B–BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT C–GENERAL TERMS AND CONDITIONS

EXHIBIT D–SPECIAL TERMS AND CONDITIONS

EXHIBIT E–ADDITIONAL TERMS AND CONDITIONS

EXHIBIT F–SEXUAL HARASSMENT PREVENTION POLICY

EXHIBIT G–HIPAA AGREEMENT

ATTACHMENT 1 - REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 - BIDDER CERTIFICATION SHEET

ATTACHMENT 3 - COST WORKSHEET

ATTACHMENT 4 - CONTRACTOR POINT OF CONTACT

ATTACHMENT 5 - PAYEE DATA RECORD (STD 204) AND PAYEE DATA RECORD

SUPPLEMENT (STD 205*)

ATTACHMENT 6 - BIDDER DECLARATION (WRITTEN) (GSPD-05-105)

ATTACHMENT 7 - CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

ATTACHMENT 8 - BIDDING PREFERENCES AND INCENTIVES

ATTACHMENT 9 - INSURANCE ACKNOWLEDGMENT………….……………………...65

ATTACHMENT 10 - STATEMENT OF ASSURANCES FOR PROTECTION OF

PROTECTED HEALTH INFORMATION (HIPAA) ACKNOWLEDGMENT

ATTACHMENT 11 - DARFUR CONTRACTING ACT CERTIFICATION (DGS PD 1)* ... 67

ATTACHMENT 12 - DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DECLARATIONS (DGS PD 843)*

ATTACHMENT 13 – CALIFORNIA CERTIFIED SMALL BUSINESS

(SB)/MICROBUSINESS (MB) CERTIFICATION*

ATTACHMENT 14 – CALIFORNIA SECRETARY OF STATE CERTIFICATION

STATUS*…..……………………………………………………………………………………67

*Submit only if applicable.

I. DESCRIPTION OF SERVICES

On an as-needed basis, the Contractor agrees to provide pre-employment examinations required for determining if an applicant is physically qualified for a specific job at the Department of Developmental Services’ (DDS) Southern Stabilization, Training, Assistance, and Reintegration (South STAR) Community Crisis homes in Costa Mesa, CA. See Exhibit A, Scope of Work (SOW) for a complete description of services.

II. AGREEMENT PERIOD

The Agreement term will be from October 1, 2025, through September 30, 2028.

Contractors are cautioned that no work shall begin until the Agreement has been fully executed. If work is performed prior to the Agreement approval, and the Agreement is, for any reason, not approved, all previous work performed by the Contractor is considered donated to DDS and no payment shall be made for that work.

III. BIDDER ELIGIBILITY CRITERIA

1. Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid 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.

2. Bidders must be in good standing with the California Franchise Tax Board (FTB), California Department of Tax and Fee Administration (CDTFA), and not on the U.S.

Government, Office of Foreign Control’s “Specially Designated Nationals and Blocked Persons List” (SDN List).

3. Bidders, including the Bidders’ representatives such as executives, officers, board members, and agents, must be responsible and have the capability to carry out the terms in this IFB. Bidders who have had an agreement terminated, for cause, with DDS in the past 18 months may be disqualified. This restriction extends to all entities for which the Bidders’ representatives have been responsible for in whole or in part (e.g., making decisions, managing operations).

4. Executive Order N-6-22- Russian Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

5. The Disabled Veteran Business Enterprise (DVBE) Participation Program requirements for this solicitation have been exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs whenever possible. Please see Article XlV., Items 1. and 2. DVBE Program Participation and Incentive.

IV. BIDDER REQUIREMENTS

Licenses and Certifications

1. Bidders shall obtain, at their expense, all licenses or permits required by law for accomplishing any work required in connection with this agreement.

2. All licenses must remain valid for the term of the Agreement. If any license or certification expires at any time during the terms of this agreement, the Contractor agrees to provide DDS with a copy of the renewed license or certification within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required licenses or certifications, DDS may, in addition to any remedies it may have, terminate this agreement upon occurrence of such event.

V. KEY ACTION DATES

The dates and times below are important and show which specific actions must be taken or completed. If DDS finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB.

Event Date/Time

IFB available to Bidders August 28, 2025 Final Date for Submission of Written Questions

September 10, 2025 @ 3:00 PM Pacific Time (PT)

Response to Written Questions September 12, 2025 (Tentative) Final Date for Bid Submission September 19, 2025 @ 2:00 PM Public Bid/Cost Opening September 22, 2025 @ 9:00 AM Anticipated Agreement Start Date October 1, 2025

Dates after Final Date for Bid Submission are estimates only and may be adjusted by DDS as conditions indicate without an addendum to this IFB.

VI. QUESTIONS AND ANSWERS

1. Bidders may submit questions for clarification of the content of this IFB to jonathan.louie@dds.ca.gov no later than the date and time specified in Article V., Key Action Dates. The Bidder must reference the section and page number about which they are inquiring.

2. Written Questions and Answers will be provided without identifying the submitter.

At DDS’s sole discretion, DDS may paraphrase questions for clarity.

3. Questions must be submitted in writing by the date for Written Questions Submittal Deadline specified in Article V. Key Action Dates.

4. DDS will answer questions at its sole discretion.

5. Questions and Answers will be posted on Cal eProcure.

VII. SUBMISSION OF BID

All bids must be received either emailed in portable document format (PDF) to jonathan.louie@dds.ca.gov or mailed under sealed envelope by the date and time specified in Article V. Key Action Dates.

1. Email Bid Submission Requirements:

a. Email subject lines must include the IFB number, Title, and be marked:

Bid for Pre-Employment Examination Services – IFB ST259015.

b. DDS reserves the right to consider emailed responses as properly

“sealed.” Responses will only be considered if they are sent to the email address listed in this IFB. IFB responses sent to any other email address will not be considered.

c. Bidders shall ensure that emails do not exceed a file size of 25 megabytes.

d. Bidders shall ensure that emails do not contain scripts, executable files, or macros, which may make their emails undeliverable.

e. Do not imbed links within the PDF – all documents must be contained within the PDF. DDS cannot access links to external sources. Bids containing links to external sources will be rejected.

f. Bid submissions sent from unrecognized email servers may be blocked by DDS security filters and be flagged as spam, thereby rendering them unsubmitted.

g. DDS will confirm receipt of email. Receipt confirmations only confirm receipt of emails and do not assess bidder’s responsiveness to the IFB requirements in the email content or in any attachments therein.

2. Mail or Delivery Bid Submission Requirements:

a. The sealed envelope must be plainly marked: BID for Pre-Employment Examination Services – IFB ST259015, Attention: Jonathan Louie, Contracts Unit – DO NOT OPEN and delivered to the address below:

Department of Developmental Services Contracts Unit

Attn: Jonathan Louie 1215 O Street, MS 10-10 Sacramento, CA 95814

Bids not clearly marked and submitted under sealed envelope may be rejected.

Mail or deliver bids to the address shown above. Neither the postmark on the Bid response envelope nor receipt in DDS Mailroom will constitute timely delivery. Any bid received and time stamped in DDS’s Mailroom on or before the date and time specified in Article V. Key Action Dates is considered timely delivery. It is the policy of DDS 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 jonathan.louie@dds.ca.gov.

All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper required attachments may be deemed nonresponsive. A nonresponsive bid is one that does not meet the basic bid requirements and nonresponsiveness is justification for rejection.

b. Electronic signature of the person authorized to bind the Bidder to this agreement is acceptable. Bids submitted without authorized signatures on all forms requiring signature may be rejected.

c. It is the Bidder’s responsibility to provide all necessary information for DDS to evaluate the Bid, verify requested information, and determine the Bidder’s ability to perform the services defined in the Agreement in Exhibit A, SOW and Attachment 3, Cost Worksheet.

d. 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.

e. 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. DDS may reject any or all bids and may waive any immaterial deviation in a bid. DDS’s waiver of immaterial defect shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the Agreement.

f. Clarification may be requested by DDS during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. DDS 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.

g. 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 DDS.

h. An individual who is authorized to bind the Bidder contractually shall sign

Attachment 2, Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

i. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the Final Date for Bid Submission.

j. A bidder’s modification offered in any other manner, oral or written, will not be considered.

k. A bidder may withdraw its bid by submitting a written withdrawal request to DDS, signed by the Bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the Final Date for Bid Submission. Bids may not be withdrawn without cause after the Final Date for Bid Submission.

l. DDS may modify the IFB prior to the Final Date for Bid Submission by issuing an addendum that shall be posted to Cal eProcure.

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

n. DDS does not accept alternate agreement language from a prospective contractor. A bid with such language will be considered a counterproposal and will be rejected. The State’s General Terms and Conditions (GTC 02/2025) are not negotiable.

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

p. DDS reserves the right to cancel this IFB without cause at any time prior to award.

VIII. REQUIRED ATTACHMENTS AND CONDITIONAL DOCUMENTS

This bid package requires completion of all attachments referenced on the required Attachment 1, Required Attachment Checklist. Exclusion of any required attachments may result in bidder’s disqualification.

The bid submission package must include the following required forms fully completed and signed:

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST – is to be used to confirm compliance with the bid submission requirements. The checklist must be fully completed and submitted as the cover to your bid package.

ATTACHMENT 2 – BIDDER CERTIFICATION SHEET – This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package.

ATTACHMENT 3 – COST SHEET – must be completed and submitted. The cost sheet must contain the proposed bid cost for all services and locations listed.

ATTACHMENT 4 – CONTRACTOR POINT OF CONTACT – must be completed in its entirety.

ATTACHMENT 5 – PAYEE DATA RECORD (STD 204) AND PAYEE DATA

RECORD SUPPLEMENT (STD 205) – the STD 204 must be completed with original signature. The STD 205 is only completed if applicable.

ATTACHMENT 6 – BIDDER DECLARATION FORM (GSPD-05-105) – must be completed and submitted.

ATTACHMENT 7 – CONTRACTOR CERTIFICATION CLAUSES – must be signed and dated with original signature.

ATTACHMENT 8 – BIDDING PREFERENCES AND INCENTIVES – must be completed, signed, and dated with original signature.

ATTACHMENT 9 – INSURANCE ACKNOWLEDGMENT – must be completed and signed.

ATTACHMENT 10 – STATEMENT OF ASSURANCES FOR PROTECTION OF

PROTECTED HEALTH INFORMATION (HIPAA) ACKNOWLEDGMENT –

must be completed and signed.

The following documents must be included with the bid submission if applicable:

ATTACHMENT 11– DARFUR CONTRACTING ACT CERTIFICATION FORM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) DECLARATIONS

(DGS PD 843)

ATTACHMENT 12 – DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

DECLARATIONS (DGS PD 843)

ATTACHMENT 13 – CALIFORNIA CERTIFIED SMALL BUSINESS

(SB)/MICROBUSINESS (MB) CERTIFICATION

ATTACHMENT 14 – CALIFORNIA SECRETARY OF STATE CERTIFICATION

OF STATE CERTIFICATION OF STATUS

IX. EVALUATION

1. DDS will evaluate each bid to determine its responsiveness to the published requirements.

2. Bids that contain false or misleading statements that do not support an attribute or condition claimed by Bidder may be rejected. If in the opinion of DDS, information submitted by the bidder was intended to mislead DDS in its evaluation of the Bid and the attribute, condition, or capacity is a requirement of the IFB, it will be the basis for rejection of the Bid.

3. DDS will send invitations to the Cost Opening through an email meeting notice with the Microsoft Teams link the day before the Cost Opening identified in Article V. Key Action Dates. Questions will not be allowed.

4. To request an invitation to the Cost Opening, please email request to jonathan.louie@dds.ca.gov by Final Date for Bid Submission identified in Article V.

Key Action Dates.

5. In the event of a precise tie, if Government Code (GC) § 14838(f) does not apply to the Bidders, a witnessed coin toss will be conducted by the Procurement Official. If a coin toss is needed, the Procurement Official will schedule and arrange for the coin toss and nonpartisan witnesses, notifying the participating bidders of the outcome of the coin toss.

6. Each bid will be checked for the presence or absence of required information in conformance with the submission requirement of this IFB.

X. AWARD AND PROTEST

1. The Agreement shall be awarded based on the responsive and responsible bidder submitting the lowest total bid based on cost calculations on Attachment 3–Cost Worksheet.

2. Award, if made, will be within 90 days – if no protest of the award is received – after the scheduled date for the Intent to Award. If a protest is received, the Award, if made, will be after the protest is resolved.

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

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 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 (DGS, OLS) 707 Third Street, 7th Floor, Suite 7-300 West Sacramento, CA 95695 Email: OLSProtests@dgs.ca.gov

The protest must include a statement that Bidder believes they are the lowest responsive and responsible bidder and are therefore protesting the Agreement award to another bidder.

Within five days after filing the protest, the protesting bidder shall file a detailed written statement specifying the grounds for the protest with DGS, OLS, and DDS. The written protest must be sent to DGS, OLS, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95695. A copy of the detailed written statement must be emailed to DDS at jonathan.louie@dds.ca.gov.

5. After the Agreement award, the Awardee will sign the Agreement in DocuSign.

XI. 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 (GC § 6250 et seq.) and subject to review by the public.

2. Bid packages may be returned only at bidder’s expense unless DDS waives it.

XII. AGREEMENT EXECUTION AND PERFORMANCE

1. Services shall commence on the express date set by DDS and the Contractor after all approvals have been obtained and the Agreement is fully executed. The Agreement will be executed only upon the State’s acceptance of the Contractor’s certificates of insurance, bonds, licenses, and permits, when such items are required. Should the Contractor fail to commence work at the agreed upon time, DDS – upon five days’ written notice to the Contractor – reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to DDS for the difference between contractor’s bid price and the actual cost of performing work by the second lowest bidder, or another contractor.

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

3. Should it become necessary to modify the terms of the resulting agreement, those modifications may be made through a written amendment. An agreement amendment shall not be effective unless it is in writing and until fully executed by both parties.

4. The Agreement will not include a hard copy of the General Terms and Conditions (Exhibit C, GTC-02/2025); they will be incorporated by reference and made part of this agreement and can be viewed here:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

XIII. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief it may be entitled to as a result of such nondisclosure.

Upon notification by a Bidder of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

XIV. PARTICIPATION, PREFERENCE, AND INCENTIVE PROGRAMS

The Preference and Incentive Programs listed below may be combined but will not exceed a combined total of 15 percent of the Bid amount or $100,000 per bid, whichever is less. No bid price will be reduced by more than $100,000, and all preference and incentive cost adjustments are for bid evaluation purposes only and do not alter the actual cost offered by the Bidder.

A Small Business (SB)/Microbusiness (MB) and a Disabled Veteran Business Enterprise (DVBE) must have current and valid certification through DGS, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS);

certifications must remain unexpired throughout the Agreement term. Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 PM PT on the Final Date for Bid Submission, and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at (916) 375-4940 or access OSDS’ Internet website Folder/Certify-or- Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Each listed California certified SB, MB, and DVBE contractor, subcontractor, or supplier must perform a “commercially useful function” (CUF) in the performance of a distinct element of the Agreement as defined in GC § 14837 (d)(4) and California Military and Veterans Code (MVC) § 999 (B). Commercially Useful Function

1. DVBE Program Participation

The DVBE Participation Program requirements for this solicitation have been exempted. However, DDS is committed to achieving legislatively established goals for the participation of DVBEs and seeks to use certified DVBE businesses whenever possible.

DVBEs must have current and valid certification through DGS OSDS. Completed certification applications and required support documents must be submitted to OSDS no later than 5:00 PM PT on the Final Date for Bid Submission, and OSDS must be able to approve the application as submitted.

For certification and preference approval process information, contact OSDS by telephone at (916) 375-4940 or access OSDS’ Internet website at https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion- List/OSDS/OSDS

2. DVBE Incentive

Firms voluntarily utilizing DVBE subcontractors can have an incentive applied based on their level of DVBE participation identified in the Bid response, not to exceed five percent. The DVBE Incentive is for bid computation purposes only and is only applied to responsive bids from responsible bidders proposing DVBE participation. The incentive shall be applied as follows:

DVBE Participation Level Incentive Applied 5% or More 5% 4% to 4.99% 4% 3% to 3.99% 3% 2% to 2.99% 2% 1% to 1.99% 1%

Under 1% No Incentive

a) The incentive is subject to a minimum of one percent and a maximum of five percent. Bids with DVBE participation of more than five percent will be calculated with a five percent incentive.

b) A signed Disabled Veteran Business Enterprise Declaration DGS PD 843 must be submitted with the Bid response. The fill and print form is available at this link: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The form must be completed if a proposer is a DVBE or subcontracts to a DVBE.

c) The DVBE Incentive is computed from the lowest responsive and responsible bid price.

d) If the awarded contractor has a certified DVBE perform an element of work for the Agreement, within 60 days of expiration of the Agreement, the awarded contractor shall complete a Prime Contractors Certification - DVBE Subcontractors Report (STD 817) and submit to DDS.

e) SB 588 requires an awarding department to withhold $10,000, or the full amount if it is less than $10,000, from the final payment on an agreement until certification is received by the awarding department regarding DVBE participation and payment. The awarding department gives a prime contractor that fails to meet those certification requirements 15 to 30 calendar days to cure the defect. If not, the final payment is permanently deducted.

f) The required list of California certified DVBE subcontractors must be provided on Attachment 6, Bidder Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products shipped, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

3. Small Business (SB) Preference Program

a) Current law encourages state departments to first consider an SB/MB Enterprise for contracting opportunities. DDS is committed to supporting SB/MB participation in state contracting and seeks to use certified SBs/MBs whenever possible.

b) Section 14835, et seq., of the California Government Code requires that a five percent preference be given to bidders who certify as an SB/MB. The rules and regulations of this law are contained in Title 2, California Code of Regulations, § 1896, et seq. A copy of the regulation is available upon request.

c) The SB/MB Preference may not exceed $50,000 for any bid. This preference cost adjustment is for bid computation purposes only and does not alter the actual cost offered by the Bidder. The SB Preference is computed from the lowest responsive and responsible bid price.

d) Details about the Small Business Preference program can be found at:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran- Business-Enterprise

4. Non-Small Business Preference Request

A five percent bid preference is available to a non-small business claiming 25 percent California certified SB subcontractor participation. If claiming the non-small business subcontractor preference, the Bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least 25 percent of the net bid price with one or more California certified SBs.

Each listed certified SB/MB must perform a commercially useful function in the performance of the Agreement as defined in GC § 14837(d)(4).

a) The required list of California certified SB contractors must be provided on Attachment 6, Bidder Declaration (Written) (GSPD-05-105) and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products shipped, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

b) In granting the Non-Small Business Preference, no bid price will be reduced.

This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the Bidder. The Non-Small Business Preference is computed from the lowest responsive and responsible bid price.

c) A non-small business is defined as a responsive, responsible bidder that is not certified by the DGS OSDS as an SB/MB enterprise.

EXHIBIT A–SCOPE OF WORK

I. Description of Services

On an as-needed basis, the Contractor agrees to provide pre-employment examinations required for determining if an applicant is physically qualified for a specific job at the Department of Developmental Services’ (DDS) Southern Stabilization, Training, Assistance, and Reintegration (South STAR) Community Crisis homes in Costa Mesa, CA. South STAR homes are five-bed community crisis homes for clients with intellectual and developmental disabilities (IDD) and mental health conditions requiring specialized supports and services. Additional information about DDS’ STAR program can be found here: DDS STAR homes.

Applicants will be potential employees of:

South STAR 1: 1 Mark Ln. Costa Mesa, CA 92626 South STAR 2: 2 Mark Ln. Costa Mesa, CA 92626

II. License Requirements and Qualifications

Contractor and Contractor’s employee(s) who perform the physical examinations required in this agreement must be:

A. A physician and surgeon licensed by the Medical Board of California (MBC)

B. Licensed by the MBC, Physician Assistant Committee, as a physician assistant (PA)

C. Licensed as a nurse practitioner by the California Board of Registered Nursing (BRN)

III. Contractor’s Facility

Contractor’s facility must be within a 30-mile radius from DDS South STAR homes, with all required testing equipment at one location.

IV. Duty Statements and Job Specifications

The South STAR Program Director or designee will furnish the applicable duty statement and job specification to the person being examined. Contractor shall determine whether an applicant is physically qualified based on the duty statement and job specification.

South STAR classifications require urinalysis (UA) drug screenings:

Behavior Specialist I and II Psychiatric Technician Instructor Office Technician Program Director Assistant Program Director Psychiatric Technician Psychiatric Technician Assistant Licensed Vocational Nurse Psychiatrist Psychologist Dietician Recreational Therapist Registered Nurse I and II Senior Psychiatric Technician Social Worker Home Administrator Staff Services Analyst (SSA)

V. Scheduling

The South STAR Program Director or designee shall be responsible for scheduling examinations or tests at a mutually agreed upon date and time. Dates of examinations or tests shall be scheduled no longer than 10 days from the request. Contractor agrees to notify the South STAR Program Director or designee of no-shows and cancellations. The South STAR Program Director or designee will inform Contractor which tests are to be performed at the time of request.

Rescheduling: The South STAR Program Director or designee may cancel or reschedule appointments by providing a 24-hour notice, for no additional fees or penalties.

VI. Pre-Employment Physical Examinations

A. Pre-employment physical examinations shall comply with California Code of

Regulations, Title 22, Chapter 8, § 76539 Employees' Health Examinations and Health Records.

B. Contractor shall review the required physical demands listed on the duty statement provided by the South STAR Program Director or designee and conduct a physical assessment for each candidate.

C. Contractor shall complete and document findings for ALL items on page 3 of the STD

610 (10/2019) Health Questionnaire form. Note: Physician’s stamp and signature are required on the STD 610 (10/2019) form and on the LIC 503 (3/99) Health Screening Report–Facility Personnel form.

1. STD 610 (10/2019) Health Questionnaire form:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std610.pdf

The applicant shall complete Section 2 on page 1 of the STD 610 (10/2019) Health Questionnaire form.

2. LIC 503 (3/99) Health Screening Report–Facility Personnel form: LIC 503 Health

Screening Report - Facility Personnel

The applicant shall complete the top portion of the form and sign in the AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION box in the center of the form.

D. Procedures

1. Contractor shall complete the following procedures:

i. Pre-employment examination

ii. QuantiFERON-TB Gold

iii. Urinalysis (UA)

2. Contractor may be asked to complete this procedure as needed:

i. Chest X-ray

VII. Preliminary Results

At the request of the South STAR Program Director or designee, Contractor agrees to provide the preliminary results of work performed to the South STAR Program Director or designee as the results become available. Contractor agrees to provide written confirmation of any verbal communications within 24 hours to the South STAR Program Director or designee.

VIII. Report Requirements for Qualified and Disqualified Applicants

If an applicant is found to be qualified for employment at DDS South STAR, the Contractor will provide a concise statement that affirms, in the opinion of the examining physician, that the individual satisfactorily meets the physical demands of the position and is sufficiently free of disease and does not have any health condition that would create a hazard for the employee, fellow employees, visitors, or clients as defined by the employer (DDS).

Should an applicant be found to be unqualified for employment at DDS South STAR because the medical history, physical examination, or chest X-ray results discover a condition that would preclude execution of the duties described in the job specification and duty statement, the Contractor will provide a concise, concrete statement that details why, in the opinion of the examining physician, the individual is disqualified for employment that includes the reasons for the determination to the South STAR Program Director or designee.

IX. Definition of a Qualified Applicant

A qualified applicant is:

A. An applicant for employment at South STAR whose medical history and physical examination determine that no condition(s) that would preclude the execution of the duties described in the job specification and duty statement provided to Contractor.

X. Contacts

A. Direct all scheduling inquiries to:

DDS Program Director Contractor Name: Name: TBD Title: Title:

Address:

Phone: Phone:

Email: Email:

B. Direct all invoice inquiries to:

C. Direct all Agreement inquiries to:

Either party may designate alternate contacts and provide updated contact information by giving written notice to the other party. These changes shall not require an amendment to this agreement.

DDS STAR Home Analyst Contractor Name: Name: TBD

Name: Email:

DDS Contract Manager Contractor Name: Name: TBD

Email: Email:

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 in Exhibit B, Attachment 1 – Cost Worksheet. The Contractor will be paid in arrears within 45 days of receipt of an approved invoice. The invoice shall be submitted via email and include the Agreement number, detail of the tasks performed, and hours and time of service, and amount due.

Invoices will be submitted via email to: HQTrustOffice@dds.ca.gov

II. BUDGET CONTINGENCY CLAUSE

It is mutually agreed that if the Budget Act of the current year 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.

III. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with and within the time specified in Government Code § 927 et seq.

IV. 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.

EXHIBIT C–GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTC 02/2025) will be included in the contract by reference to web site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language.

EXHIBIT D–SPECIAL TERMS AND CONDITIONS

I. CONTRACTOR OVERPAYMENTS

If it is determined that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) requesting in writing that Contractor refund the overpayment amount within 30 days after receipt of notice; or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment is not received within 30 days from the date of notice.

II. ACCOUNTING REQUIREMENTS

Contractor shall establish an accounting system using generally accepted accounting principles that will provide information for reports to the State and which will provide documentation for the fiscal activities of the organization related to this agreement. The accounting system must include adequate cost accounting procedures that will provide accurate costing for contractual amendments, and for any other costs incurred which relate to payment claimed by Contractor.

III. INSURANCE REQUIREMENTS

Contractor shall have and maintain throughout the entire term of this agreement or any extension thereof insurance appropriate to the work to be performed, providing coverage during any performance by the Contractor under this agreement. This insurance shall be for general liability and/or professional liability and/or any other form as may be proper in the industry in which the Contractor is performing under this agreement.

Contractor agrees that the liability insurance herein provided for shall be in effect at all times during the term of this agreement. If insurance coverage expires at any time during the term of this agreement, Contractor agrees to provide, at least 30 days before said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement or for a period of not less than one year. New Certificates of Insurance are subject to the approval of DDS of General Services (DGS), and Contractor agrees that no work or services shall be performed prior to such approval. The State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event.

Certificate(s) of insurance must include the following general provisions stating:

The Contractor shall comply with all the requirements outlined in Insurance Requirements and General Provisions. No payments will be made under this agreement until contractor fully complies with all requirements.

Coverage Term – Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least 10 days prior to the expiration of this insurance.

Any new insurance must comply with the original terms of the Agreement.

Policy Cancellation or Termination & Notice of Non-Renewal – The Contractor is responsible to notify the State within five business days of any cancellation, non-renewal, or material change that affects required insurance coverage. Certificates of Insurance are subject to the approval of the DGS and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event the Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event, subject to the provisions of this agreement.

Premiums, Assessments and Deductibles – The Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program. DDS will not be responsible for any premiums or assessment on the policy.

Primary Clause – Any required insurance contained in this agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.

Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A_” with a financial category rating of no lower than VII. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including letter of credit may be required.

Endorsement – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor’s obligations under the Agreement.

Subcontractors – In the case of the Contractor’s utilization of subcontractors to complete the contracted scope of work, the Contractor shall include all subcontractors as insureds under the Contractor’s Insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages and limits required by Contractor.

Available Coverage/Limits – All coverage and limits available to the Contractor shall also be available and applicable to the State.

Satisfying an SIR – All insurance required by this agreement must allow the State to pay and/or act as the Contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the Contractor’s agent in satisfying any SIR is at the State’s discretion.

IV. COMMERCIAL GENERAL LIABILITY INSURANCE

The Contractor shall maintain general liability on an occurrence form with limits not less than $1 million per occurrence for bodily injury and property damage liability combined with a $2 million annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made, or suit is brought subject to the Contractor’s limit of liability. The policy shall include the State of California, its officers, agents, employees, and servants as additional insured. The additional insured endorsement must be provided.

V. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY

The Contractor shall maintain statutory workers’ compensation insurance issued and shall furnish to DDS a certificate of insurance evidencing workers’ compensation insurance and employer’s liability for all its employees who will be engaged in the performance of the Agreement. In addition, employer’s liability limits of $1 million are required. By signing this agreement, the Contractor acknowledges compliance with these regulations. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California, Department of Developmental Services must be attached to the certificate.

VI. SUBCONTRACTING

Nothing contained in this agreement or otherwise shall create any contractual relationship between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

VII. LOSS LIABILITY

The State is not responsible for Contractor’s losses on State property, or otherwise, caused by any reason.

VIII. LICENSES AND PERMITS

In the event any license(s) and/or permit(s) expire at any time during the term of this agreement; the Contractor agrees to provide DDS a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), DDS may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

IX. OWNERSHIP OF MATERIALS

Notwithstanding whether or not it may be the subject of a patent or a copyright and/or whether or not it is tangible or intangible or intellectual, all products, deliverables, or any like items that are produced, created, developed, or the like, during the term of this agreement shall immediately become the sole and complete property of the State upon their creation. The only exception will be products developed by Contractor and copyrighted prior to Contractor’s work on this agreement. Contractor cannot make reproduction of the Agreement products without the express written approval by DDS Project Representative.

X. FEDERAL HEALTH CARE PROGRAMS EXCLUSION CERTIFICATION

Contractor hereby certifies that Contractor, Contractor’s employees, and/or subcontractors providing services under this agreement have not been excluded from participating in federally funded health care programs (www.oig.hhs.gov). Contractor understands and agrees that should any such exclusion occur during the term of this agreement, Contractor shall report it to the facility Director in writing within five (5) days from the date of the exclusion or the time Contractor learns of the exclusion. In addition, Contractor understands and agrees that payment shall not be made for any services provided during the period of exclusion, or if payment has already been made, Contractor will be required to reimburse the facility the full payment.

XI. CLIENT CONFIDENTIALITY

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State.

Contractor by acceptance of this agreement is subject to all of the requirements of California Civil Code §§ 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

All information and records regarding any client obtained in the course of providing services under this agreement shall be confidential in accordance with Welfare and Institutions Code, §§ 5328 and 4514, et seq.

XII. SOFTWARE CERTIFICATION

Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

XIII. CONFIDENTIALITY OF DATA

All financial, statistical, personal, technical, and other data and information relating to the State’s operations, that is designated confidential by the State and made available to Contractor in order to carry out this agreement, or which become available to…