Invitation_for_Bid_(MC-413).pdf

CCHCS-MC-413 – Invitation for Bid Page 1 of 11 Rev. 7/16/2025

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID (IFB)

BID NUMBER SD24-00035

July 18, 2025

The California Department of Corrections and Rehabilitation/California Correctional Health Care Services (CDCR/CCHCS), hereafter referred to as the State, is inviting responses to this Invitation for Bid (IFB) titled Hearing Aid Services and Devices. Refer to Exhibit G – List of Participating CDCR/CCHCS Institutions for a list of institutions included in this IFB.

This IFB package consists of the following documents. Bidders must comply with all requirements in the following documents:

• Notice to Prospective Bidders

• Standard Agreement (STD 213) – (Sample)

• Exhibit A – Scope of Work

• Exhibit A-1 – Service Specifications

• Exhibit B – Budget Detail and Payment Provisions

• Exhibit B-1 – Bid Rate Sheet

• Exhibit C* – General Terms and Conditions (GTC 02/2025)

• Exhibit D – Special Terms and Conditions & Additional Provisions

• Exhibit E – Definitions

• Exhibit F – HIPAA Business Associate Agreement

• Exhibit G – List of Participating CDCR Institutions

• Exhibit H – California State Institutions Map

• Attachment 1 – Required Attachments Checklist

• Attachment 2 – Bid/Bidder Certification Sheet

• Attachment 3 – Bidder Declaration Form

• Attachment 4 – DVBE Incentive Application Request, if applicable

• Attachment 5 – Darfur Contracting Act Certification

• Attachment 6 – California Civil Rights Laws Certification

• Attachment 7 – Contractor Certification Clauses

• Attachment 8 – Iran Contracting Act

CDCR/ CCHCS Bid Number: SD24-00035 Invitation for Bid

CCHCS-MC-413 – Invitation for Bid Page 2 of 11 Rev. 7/16/2025

• Attachment 9 – Payee Data Record

• Attachment 10 – Supplement Vendor Payee Data Record

• Attachment 11 – Certificate of Good Standing

• Attachment 12 – GenAI Disclosure & Factsheet

• Attachment 13 – Bid Rate Sheet

• Attachment 14 – Equipment Specifications

* Exhibit C* – General Terms and Conditions (GTC 02/2025) is incorporated in this bid package by reference only and is available on the internet at the following link:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language Bidders may request a hard copy of this document by contacting the CCHCS Direct Care Contracts Section (DCCS) Bid Representative listed below.

It is the opinion of the State that this IFB is complete and without need of explanation. If Bidder has any questions regarding this IFB or believes any documents to be missing from this IFB, immediately contact the Bid Representative listed below.

Bid Representative: Michelle Kwong Contract Support Team: m_ContractSupport@cdcr.ca.gov

California Relay Service: 1-800-735-2929 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:m_ContractSupport@cdcr.ca.gov

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NOTICE TO PROSPECTIVE BIDDERS

1. Goods/Services Rate Caps The bid rate caps for this Agreement have been set at:

A. Service Description Rate Cap Bid Rate Audiometry Screening (per patient) - HCPCS Code V5008 $20.00 Pure Tone Audiometry (per patient) - HCPCS Code X4501 $40.00 Speech Recognition Test (per patient) - HCPCS Code X4500 $70.00 Follow-up Evaluation (per patient) $30.00 Daily Clinic (per day) $80.00

BASIS OF AWARD $240.00 $

B. Goods Description Rate Cap Bid Rate Ear Mold (per ear) $90.00 Manufacture Hearing Aid (per device) $1,000.00 Hearing Aid Repair (major - per device) $240.00

BASIS OF AWARD $1,330.00 $

BASIS OF AWARD TOTAL A + B = $1,570.00 $

The service description includes the Healthcare Common Procedure Coding System (HCPCS) billing codes to be utilized. Any bid received that exceeds the bid rate caps shall be rejected as detailed in Section 16. Cause for Rejection of Bid/Rescinding of Contract Award.

2. Bidder and Licensing Requirements

Bidder shall meet all requirements as specified in this IFB. A Required Documents Checklist (Attachment 1) is included, listing all attachments/documents to be submitted. Additional documents may be requested as necessary during the contract award process.

3. Adobe Acrobat Version While this IFB is available electronically in Adobe Acrobat format, the official version is located on the Cal eProcure online portal in the California State Contracts Register at:

https://caleprocure.ca.gov/pages/index.aspx.

4. Cal eProcure Portal Registration

Cal eProcure is the online portal designed to improve the experience of businesses selling products and services to the State. If Bidder has not completed a one-time registration into the Cal eProcure online portal, it is requested that Bidder register at:

https://caleprocure.ca.gov/pages/index.aspx.

5. Key Action Dates Listed below are the key activities, actions, dates, and times by which the activities must be taken or completed for this IFB. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to the IFB. At the discretion of the State, the dates with an asterisk (*) are subject to change and will be updated by email notification to all responsive Bidders who submitted a bid.

https://caleprocure.ca.gov/pages/index.aspx

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Key Activity Anticipated Date and Time

IFB Available to Prospective Bidders July 18, 2025

Reasonable Accommodation July 25, 2025

Deadline for Submission of Questions August 1, 2025

Deadline for Response of Questions August 8, 2025

Deadline for Submission of Bid August 13, 2025 (By 4:00 p.m. PST)

Bid Opening August 14, 2025

*Intent to Award Posted August 15, 2025

*Proposed Start Date of Agreement September 19, 2025

6. Bidder Questions Immediately notify the Bid Representative if clarification is needed regarding the services sought, or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

Question(s) shall be submitted in writing, as instructed below. At its discretion, the State reserves the right to contact Bidder to seek clarification of any question received. Bidders shall report to Bid Representative a known or suspected problem with the IFB and/or its accompanying materials or seek clarification and/or correction of the IFB and/or its accompanying materials. The successful Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error. The State will post the summary and responses to all questions received, and any discrepancies, omissions, or errors through the Cal eProcure portal:

https://caleprocure.ca.gov/pages/index.aspx.

Bidder desiring clarification about a specific IFB requirement, and/or questions related to a sensitive issue or proprietary aspects of a bid, may submit individual questions that are marked “Confidential.”

Bidder must include with its question an explanation as to the reason(s) it believes a question marked “Confidential” is sensitive or is surrounding a proprietary issue. If a question appears to be unique to a single bidder or is marked “Confidential,” the State will email a response only to Bidder if the State concurs with Bidder’s claim that the question is sensitive or proprietary in nature. If the State does not concur, the question will be answered in the manner described herein and Bidder will be notified.

To the extent practicable, questions shall remain written as submitted. However, the State may consolidate and/or paraphrase similar or related questions.

a. Oral Questions

Oral questions are discouraged. The State reserves the right to not accept or respond to oral questions. Oral remarks provided in response to oral questions are unofficial and are not binding unless later confirmed in writing.

b. What to Include in a Question:

Bidder representative name Name of company Mailing address Email address Area code and telephone number

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A description of the subject or issue in question or discrepancy found Section, page number, or other information useful in identifying the specific problem or issue in question Remedy sought, if any Format questions as follows:

Reference Section Page Number

Question Remedy sought

(if applicable)

Use “General” for general questions. Use “IFB” if the question is about a section in the IFB. For questions regarding exhibits and attachments, identify the exhibit by letter (e.g., Exhibit A) and the attachment by number (e.g., Attachment 1), etc.

Indicate the IFB section by number.

Include the number(s) or letter(s) of any subsection(s) or paragraph(s). Indicate the exhibit letter and identify any subsection(s) by number(s) or letter(s).

Example:

7. How to Submit Questions

Questions concerning this IFB shall be directed, via email, to Bid Representative at m_ContractSupport@cdcr.ca.gov. Failure to submit questions to the designee will result in the question(s) being ineligible for a response by the State. Bid Representative will coordinate written responses.

The questions and responses will be posted at https://caleprocure.ca.gov/pages/index.aspx.

8. Question Deadline All written questions must be received no later than August 8, 2025. The State will accept questions about the reporting of IFB errors or irregularities if they are received prior to the bid submission deadline.

9. Bid Submission Requirements Bid submissions must be complete in all respects to the IFB requirements. A bid will be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. All documents requiring a signature must bear a certified digital signature or scanned wet signature of a person authorized to bind the Bidder’s firm. The signature should indicate the title or position that the individual holds in the firm. A bid shall be rejected if any, in the opinion of the State, such defect or irregularity constitutes a material deviation from the IFB requirements. Bid package(s) not received by the date and time specified in Section 5. Key Action Dates, or not sealed, will be rejected.

IFB documents MUST be submitted to CCHCS electronically by email to the email address listed below:

m_ContractSupport@cdcr.ca.gov Subject Line: Bid – IFB SD24-00035 Hearing Aid Services and Devices

All attachments MUST be submitted in ONE email. All attachments must be combined into one PDF document and labeled “IFB.” All documents requiring a signature must bear a certified scanned signature of a person authorized to bind the Bidder’s firm.

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Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders are encouraged to verify receipt of their bid by contacting Bid Representative.

10. Bidder Responsibility Bidder is solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc. before submitting a bid. If the language is unclear or ambiguous, it is Bidder’s responsibility to request clarification or assistance from Bid Representative before submitting a bid. If clarification of the IFB is necessary, submit questions, in writing, in a timely manner as specified in Section 5. Key Action Dates and only to Bid Representative. If the IFB is modified prior to the final bid submission date, the State shall post an addendum at https://caleprocure.ca.gov/pages/index.aspx.

By virtue of submitting a bid, Bidder accepts the terms and conditions expressed as stated below and as required by law. Costs incurred for developing bids in anticipation of award of an Agreement are the responsibility of Bidder and shall not be charged to the State.

11. Withdrawal and Resubmission/Modification of Bid Bidder may withdraw its bid at any time prior to the bid submission deadline specified in Section 5. Key Action Dates, by submitting a written notification of withdrawal to Bid Representative signed by Bidder.

Bidder may thereafter submit a new or modified bid prior to the bid submission deadline. Modification offered in any other manner, verbal or written, will not be considered. The bid cannot be changed or withdrawn after the date and time designated for receipt.

12. Verification of Bid Information The State reserves the right to request clarification of any documents submitted with a bid regarding any and/or all sections of the IFB.

13. Disposition of Bids All material submitted in response to this IFB shall become the property of the State and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

14. Bid Opening All bid packages received in accordance with Section 9. Bid Submission Requirements shall be publicly opened and the rates of each bid read. The date for the bid opening is specified in Section 5. Key Action Dates.

The bid opening will be held virtually for Bidders who plan to attend. If you would like to attend, send names, email addresses, and company information via email to m_ContractSupport@cdcr.ca.gov.

Please include the bid number, SD24-00035, to the email subject line.

Bid Opening for: Hearing Aid Services and Devices Bid Representative: Michelle Kwong Location: Telephonic and/or video conference call – Microsoft Teams information below Date: August 14, 2025 Time: 11:00 am – 12:00 pm PST

Microsoft Teams:

Meeting Link: Join the meeting now Dial in by Phone: +1 916-701-9994 (Phone conference ID: 225 029 370#) https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjAwMjA0MzQtMWEzZi00MzhkLWEyMGQtODM3MjVlNjM1MDk0%40thread.v2/0?context=%7b%22Tid%22%3a%220662477d-fa0c-4556-a8f5-c3bc62aa0d9c%22%2c%22Oid%22%3a%226652612d-eb98-4a3a-95bf-d04c7abb44a4%22%7d tel:+19167019994,,225029370

CCHCS-MC-413 – Invitation for Bid Page 7 of 11 Rev. 7/16/2025

Notice of the proposed award (letter of intent) shall be posted at the following link for five business days prior to award of the Agreement: https://cchcs.ca.gov/project_rfp/.

15. Reasonable Accommodation The State will provide assistive services for individuals who require reasonable accommodation. To request such services or copies of written materials in an alternate format, please contact Bid Representative no later than the date specified in Section 5. Key Action Dates.

The range of assistive services available may be limited if requestors do not allow ten (10) or more business days prior to the date the alternate format material is needed.

16. Cause for Rejection of Bid/Rescinding of Contract Award

a. The State reserves the right to reject bid package(s), waive any immaterial deviation and/or defect in a bid, as well as allow a bidder to remedy any immaterial deviations. The State reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

b. The State’s waiver of any immaterial deviation or defect shall in no way modify the IFB documents or excuse Bidder from full compliance with the IFB specifications if awarded the Agreement.

c. The following shall be cause for rejection of a bid or rescinding of contract award:

(1) Bid package is not received as specified in Section 9. Bid Submission Requirements.

(2) A completed Exhibit B-1 – Bid Rate Sheet is not included.

(3) The submitted bid rates exceed the bid rate caps set in Section 1. Goods/Services Rate Caps.

If Bidder submits bid rates for multiple regions (refer to Exhibit B-1 – Bid Rate Sheet for list of CDCR/CCHCS institutions by region) and a bid rate exceeds the bid rate cap for a region, the bid for that region will be rejected and the bids submitted for all other regions within the bid rate caps will be accepted.

(4) Bidder fails to provide requested documentation needed to determine if Bidder is responsive and responsible. A responsive and responsible bid is one that complies with all of the bid submittal requirements of this IFB, including all requested attachments/documents and information.

(5) The bid package is submitted with alternate contract language. The State does not accept alternate contract language from Bidders. Any bid with additions, deletions, or conditions shall be considered a counter bid and shall be rejected.

(6) Any requirement of this bid is found to be false or misrepresented, including but not limited to:

certifications (e.g., small business/microbusiness); or failure to be in good standing with any local, county, state, or federal tax agency.

d. If a mathematical error is discovered on Bidder’s Exhibit B-1 – Bid Rate Sheet, the State may require Bidders to initial correction(s) to dollar figures on the Exhibit B-1 – Bid Rate Sheet if the correction(s) results in a change of total costs. Bidder shall accept the State’s corrections to be considered responsive. Failure to initial requested correction(s) to dollar figures on the Exhibit B-1 – Bid Rate Sheet will be grounds for rejection of the bid.

17. Responsiveness and Responsibility https://cchcs.ca.gov/project_rfp/

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The State shall review bids for responsiveness and responsibility upon initial review of submittals, or at any time prior to award and/or execution of Agreement.

a. If a previous agreement with a prospective Bidder was terminated for cause, the State reserves the right to conduct a responsibility hearing before awarding the Agreement to determine if Bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that Bidder is not responsible, per the DGS State Contracting Manual (SCM), Volume 1, Section 5.70(F).

18. Small Business/Microbusiness Preference Certified small businesses or microbusinesses can claim the five percent (5%) preference when submitting a bid on a state contract. A non-small business may receive a preference of five percent if the business commits to subcontract at least twenty-five percent of its net bid price with one or more small businesses or microbusinesses. The five percent preference is used only for computation purposes to determine the winning bidder and does not alter the amounts of the resulting contract. The value of the preference is limited to $50,000 when a contract award is based upon (5%) award to the lowest compliant bid. A contract awarded on the basis of the five percent (5%) preference is awarded to the small business, microbusiness or non-small business for the actual amount of its bid.

a. To apply or re-apply for certification as a small business, follow the instructions at the following location: 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

19. Non-Small Business Preference

The preference to a non-small business bidder that commits to small business or microbusiness subcontractor participation of twenty-five percent (25%) of its net bid price shall be five percent (5%) of the lowest, responsive, responsible bidder’s price. A non-small business, which qualifies for this preference, may not take an award away from a certified small business.

a. To locate potential small business sub-contractors, visit https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true. Ensure “Micro Business (MB)” and “Small Business (SB)” are selected. Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC)” that apply to the elements of work you desire to subcontract to a small business.

b. Prime contractors wishing to subcontract to a small business may also check for subcontractor advertisements in the California State Contracts Register (CSCR) for this solicitation prior to the bid due date. The CSCR can be accessed here: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

20. Commercially Useful Function

“Commercially useful function” is defined as a person or entity doing all of the following: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of services 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).)

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 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 https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

CCHCS-MC-413 – Invitation for Bid Page 9 of 11 Rev. 7/16/2025

It is not a “commercially useful function” if the DVBEs 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 DVBE participation. (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

21. Disabled Veteran Business Enterprise (DVBE) Program In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to Bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State.

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

Confirmed DVBE Participation of: DVBE Incentive 5% Inclusive 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

The incentive is applied by reducing the bid price by the amount of incentive as computed from the lowest responsive bid price submitted by a responsible bidder.

This incentive is for evaluation purposes only.

Application of the incentive shall not displace an award to a small business with a non-small business.

22. Required Disclosures

The Bidder must complete and submit all the attachments/documents referenced on Attachment 1 – Required Attachments Checklist to meet the disclosure requirements of this IFB. Failure to provide the required attachments/documents will be cause for rejection of the bid.

23. Settlement of Ties

In the event of a precise tie between the low responsible bid of a certified small business and the low responsible bid of a certified disabled veteran-owned business that is also a small business, the contract must be awarded to the disabled veteran-owned small business, per SCM Volume 1, Section 8.21(C). If a tie persists between any Bidders after the small business preference has been applied, a coin toss will be conducted and observed by witnesses.

24. Basis of Award Award of contract, if made, will be made to the lowest responsible Bidder(s) whose bid complies with the requirements of the IFB and any addenda thereto, except for such immaterial defects as may be waived by the State. In the event a Bidder submits more than one bid for the same CDCR/CCHCS institution under this bid process, the State shall select the lowest bid and reject all other bids from this Bidder.

The State reserves the right to award multiple Agreements to Bidders that submit bids that are at, or less than, the established bid rate caps as specified in Section 1. Goods/Services Rate Caps of this IFB. At the time of the bid opening, the Agreement award is tentative, pending a complete review of the entire bid package for compliance and adherence to the IFB requirements, verification of all calculations

CCHCS-MC-413 – Invitation for Bid Page 10 of 11 Rev. 7/16/2025 and claimed small/non-small business preferences and, if applicable, compliance with the DVBE participation requirements.

A protest to the award of this Agreement must adhere to PCC Section 10345 and be submitted in accordance with SCM Volume 1, Section 6.35.

25. Agreement Execution The apparent successful Bidder(s) shall enter into an Agreement with the State, which shall be prepared on a STD 213 Standard Agreement (sample attached) and shall include all exhibits from this IFB.

The Agreement shall not include a hard copy of Exhibit C – General Terms and Conditions (GTC 02/2025), which is incorporated into the Agreement by reference only on the STD 213

– Standard Agreement. Exhibit C – General Terms and Conditions (GTC 02/2025) may be downloaded and printed for Bidder’s record at the following link:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language The first page of Contractor Certification Clauses (CCC 04/2017) document must be signed and shall be submitted with the bid. Failure to submit a signed Contractor Certification Clauses (CCC 04/2017) shall delay approval of the Agreement.

The State reserves the right to modify Exhibit B-1 – Rate Sheet and Exhibit G – List of Participating CDCR Institutions and any other item(s) that may affect the multiple award process by including in the Agreement only that information pertinent to the CDCR institutions awarded to Contractor. If the bid includes multiple services classifications, the State reserves the right to modify Exhibit A-1 – Service Specifications, as necessary, to include in the Agreement only that information pertinent to the service classification awarded to Contractor.

The Agreement is not valid unless and until approved by DGS Office of Legal Services (DGS/OLS).

The State has no legal obligation unless and until the Agreement is approved. Any work commenced by Contractor prior to approval may be considered voluntary and Contractor may have to pursue a claim for payment by filing with the California Victim Compensation Board or the DGS Government Claims Program. When the Agreement is approved, a copy shall be forwarded to Contractor.

26. Bid Matrix CDCR/CCHCS institutions will utilize the bid matrix to determine vendor rankings for their respective regions/institutions and how to contact the appropriate vendor for services.

CDCR/CCHCS institutions will be provided an updated “draft” bid matrix as contracts are approved (not more frequently than once per week) and may canvass as soon as the first Agreements are approved.

CDCR/CCHCS institutions shall canvass contracts using the most recent bid matrix available.

Contractors who do not have approved Agreements shall not be able to provide services.

27. Amendments

The State is bidding and executing this Agreement for a period of 24 months with an option to extend for an additional 12 months. The State reserves the right to extend the Agreement up to an additional 12 months at the same rates and maximum dollar amount per year as the original Agreement and/or amend to increase funding for additional hearing aid services and devices through an amendment signed by both parties. All agreement amendments are subject to satisfactory performance, funding availability, and may require approval from DGS/OLS. Bidder’s rates are submitted with the understanding that in the event Bidder is awarded a contract, the rates submitted in this bid shall remain in effect for the term of the Agreement and any amendment to the term of the Agreement.

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

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

29. Generative Artificial Intelligence (GenAI) 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 to which it may be entitled to as a result of such non-disclosure.

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/offers 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.