RFA-042-1623426-DMA.pdf

County of Orange

Health Care Agency

Request for Applications

RFA No.: 042-1623426-DMA

HIV/STD Testing Services for Priority

Populations

Released September 12, 2023

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TABLE OF CONTENTS

SECTION PAGE

I. Introduction and General Information

A. Application Focus and Background

B. Contract Term and Funding Availability

C. Time Applications Will Remain Valid

D. Timeline

E. Withdrawal of Application(s)

F. Questions Regarding the RFA Process and Requirements

G. General Instructions for Submittal

H. County’s Rights

I. Use of Lobbyists

J. Protest Process

K. Change Of Ownership/Name and Litigation Status

L. Conflict of Interest

M. Confidentiality

N. Modifications of the RFA

O. Insurance Requirements

II. Description of Services

A. Target Population

B. Services to be Provided

C. Performance Objectives

D. Program Requirements

E. Staffing Requirements

F. Facility Requirements

II. Application Preparation and Evaluation

A. Eligibility To Submit Applications

B. Rejection of Application(s)

C. Minor Irregularities and Deficiencies in Application(s)

D. Non-Responsive Application(s)

E. Evaluation of Applications and Selection of Providers

III. Minimum Submission Instructions

IV. Application for HIV/STD Testing Services for Priority Populations

Services Questionnaire

Attachments

Attachment I – Contract Template

Attachment II – Forms A-D

Campaign Contribution Disclosure Form

NOTE: Forms and attachments in PDF and/or Excel format are posted on County’s online bidding system as separate attachments to this solicitation.

INTRODUCTION AND GENERAL INFORMATION SECTION I

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A. APPLICATION FOCUS AND BACKGROUND

The County of Orange (County) Health Care Agency (HCA) is seeking applications from qualified organizations to provide Human Immunodeficiency Virus (HIV)/ Sexually Transmitted Disease

(STD) Testing Services. The primary goals of this program include:

• HIV and STD testing of Priority Populations (Men who have Sex with Men (MSM), Transgender, Genderqueer or Non-binary, and Persons Who Inject Drugs (PWID)) who face barriers in accessing testing in medical settings;

• Linking of individuals to appropriate prevention, treatment, and care services; and

• Reducing HIV and STD infection rates in Orange County.

The services included in this Request for Applicants (RFA) were identified based on needs assessment, service utilization, and epidemiology data. Furthermore, the services are consistent with

California Department of Public Health, State Office of AIDS guidance to local health jurisdictions, Enhanced Integration: 2020 Guide to HIV Prevention and Surveillance for providing HIV

Prevention services, specifically for conducting focused HIV testing.

Successful applicants must clearly demonstrate, in their application, the ability, expertise, and history of providing services as outlined in this RFA.

B. CONTRACT TERM AND FUNDING AVAILABILITY

The County plans to contract with applicants who meet the requirements of this solicitation to provide the subject services. At the discretion of County, the initial term of the contract(s) resulting from this solicitation may be renewed for an additional term or terms. Any renewal is contingent upon available funding, contractor performance, need for services, and County policies.

Successful applicants are expected to accept all of the terms and conditions of Attachment I –

Contract Template, which contains the contract requirements between the County and the applicant regarding the provision of services solicited under this Request for Applicants (RFA). Any exceptions to the Contract Template must be indicated in the Services Questionnaire. The selected application will be retained and incorporated into the contract by reference and made part thereof, except for assurances and promises that are unlawful.

Contract(s) resulting from this solicitation shall be a cooperative Contract and may be utilized by all

County of Orange departments.

The provisions and pricing of any Contract resulting from this solicitation will be extended to other governmental entities. Governmental entities wishing to use this Contract will be responsible for issuing their own purchase documents, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any subordinate Contract entered into with another governmental entities pursuant to this Contract, a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or cause of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with, the use of this Contract.

Failure to do so will be considered a material break of this Contract and grounds for immediate

Contract termination. Governmental entities are responsible for obtaining all certifications of insurance, endorsements, and bonds required. The Parties agree that any other governmental entity

Request for Applications 4 of 28 HIV/STD Testing for Priority Populations utilizing this Contract shall not be deemed to be an agency or employee of County for any purpose whatsoever. The Contractor is responsible for providing each governmental entity a copy of this

Contract upon request. The County of Orange makes no guarantee of usage by other users of this

Contract.

The Contractor shall be required to maintain a list of the County of Orange departments and governmental entities using this Contract. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County, at the County’s request.

Subordinate Contracts must be executed prior to the expiration or earlier termination of this Contract and may survive the expiration of this Contract up to a maximum of one year; however, in no case shall a subordinate Contract exceed five (5) years in duration.

The contract(s) awarded through this solicitation is anticipated to be Fee-For-Service. The County anticipates selection of multiple applicants, as needed, to provide the requested services. The amount of the individual award/contract will be based on the service(s) proposed as well as available funding.

The anticipated annual amount of funding for contract(s) resulting from this RFA is $175,000.

Annual amount of funding may vary and will be determined based on available funding.

The funding source for these services is Centers for Disease Control and Prevention

(CDC)/California Department of Public Health, “Integrated HIV Surveillance and Prevention

Funding for Health Departments” funds. Additional funding sources may be utilized based on funding opportunities and availability. Any contract(s) resulting from this solicitation is contingent upon sufficient funds being made available by federal, state, and/or county governments for the term of the contract. The County reserves the right to revise the contract term stated in this solicitation.

Start-up funds are not available for these services.

C. TIME APPLICATIONS WILL REMAIN VALID

Applications will remain valid for 365 days from the solicitation due date.

D. TIMELINE

Timeline dates are approximations only and do not constitute any commitment or guarantee by the

County.

Activity Date

RFA Released September 12, 2023

RFA Q&A Deadline October 13, 2023

Applications Due October 20, 2023

Services Commence January 1, 2024

E. WITHDRAWAL OF APPLICATIONS(S)

An application may be withdrawn by the applicant or an authorized representative, provided his or her identity is made known and he or she provides a receipt for the application, but only if the withdrawal is made prior to the application due date.

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F. QUESTIONS REGARDING THE RFA PROCESS AND REQUIREMENTS

All questions regarding this RFA are to be posted online via The County’s online bidding system

Question and Answer (Q&A) Section and will only be accepted and answered during the Q&A period that lasts until approximately one (1) week prior to the RFA closing date.

All proposers are expected to thoroughly read through the entire RFA package before posting questions. All participating proposers will simultaneously receive a notification via The County’s online bidding system that a question has been posted related to this RFA and will be available for view by all participating proposers. The County’s responses to the questions asked will be posted as promptly as possible to The County’s online bidding system and will be available for view by all participating proposers.

The Q&A Section will close on October 6, 2023 at 4:00 P.M. Pacific Time. All proposers are encouraged to post any questions regarding the RFA by this deadline. After the close of the Q&A period, bidders may only contact the Procurement Administrator with questions related to uploading proposals to the County’s online bidding system. No other specific solicitation-related questions will be answered.

It is up to each individual proposer to determine if their organization meets the eligibility criteria stated in the RFA prior to submitting a proposal. The County does not provide any assistance to that effect.

Proposers are to strictly follow the directions above for questions regarding this RFA. During the entire RFA process, no County representative may be contacted for questions or information regarding this RFA with the exception of the assigned Procurement Administrator, Dene Andrea at dandrea@ochca.com. Any violation of this direction may be deemed non-responsive with the

RFA process and shall form a basis for the rejection of the proposal.

G. GENERAL INSTRUCTIONS FOR SUBMITTAL

1. Use the Application Preparation Checklist (Form A – Attachment II) to plan and monitor solicitation application preparation as well as to verify completion of all materials before submission.

2. Applicant’s application must clearly meet all of the requirements of this solicitation.

3. Applicants should review all requirements and instructions to ensure that each requirement is met. County shall not be responsible for any oral instructions given by any employees of

County in regard to the application instructions, specifications, or application documents as described in this solicitation.

4. Applications and requested documents must be electronically uploaded in PDF format, via

County’s online bidding system. Hard copy applications will not be accepted.

5. Allow sufficient time to upload all required files. After the 4:00 P.M. Pacific Time application deadline, County’s online bidding system will not allow any uploads. If all files are not uploaded successfully by the 4:00 P.M. Pacific Time application deadline, your organization’s application may not be accepted.

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6. Provide accurate and honest information. Information that is deliberately inaccurate may prompt an investigative review and will affect the evaluation of the application.

7. Provide documentation where necessary, including items such as forms, licenses, etc.

8. If you omit any required information or data, explain why.

9. Do not include home addresses, home phone numbers, and/or personal email addresses for any employee, volunteer, Board member, etc. in your applications.

H. COUNTY’S RIGHTS

The County reserves the right to:

1. Modify this RFA prior to the time applications are due, provided applicants are granted such extensions as necessary to allow sufficient time for submission of applications in response to the modified RFA.

2. Cancel this RFA at any time, but prior to award of a contract by the Board of Supervisors, in whole or in part, when it is determined that cancellation is in the best interest of the County.

3. Reject any or all applications.

4. Reject an application at any time during the RFA process for reasons stated in this RFA or for false information submitted in response to the RFA.

5. Enter into a contract for all or some of the stated services.

6. Award single or multiple contracts.

7. Based on the County’s needs and availability of funds, modify the scope of service described herein, provided applicants are allowed to re-submit modified applications within a reasonable time.

8. Ask applicants for additional information or documentation.

I. USE OF LOBBYISTS

The County does not require, and neither encourages nor discourages, the use of lobbyists or other consultants for the purpose of securing business.

J. PROTEST PROCESS

Any actual or prospective applicant who alleges a grievance by the solicitation or award of a contract may submit a grievance or protest that this solicitation is unfairly restrictive, ambiguous or contains conflicting provisions.

Protest of Application/Solicitation Specifications

All protests related to solicitation specifications must be submitted to HCA Procurement and

Contract Services no later than five (5) business days prior to the close of the solicitation period.

Protests received after the five (5) business day deadline will not be considered by the County. In the event the protest of specifications is denied and the protester wishes to continue in the solicitation process, it must still submit an application prior to the close of the solicitation in accordance with the application submittal procedures provided in the solicitation.

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Protest of Award of Contract

In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the “Notice of Intent to Award Contract” is provided by HCA Procurement and

Contract Services. Protests relating to a proposed contract award, which are received after the five

(5) business day deadline will not be considered by the County.

Procedure

All protests must be typed under the protester’s letterhead and submitted in accordance with the provisions stated. All protests shall include at a minimum the following information:

1. The name, address, and telephone number of the protester.

2. The signature of the protester or the protester’s authorized representative.

3. The name of the solicitation or number of the solicitation.

4. A detailed statement of the legal and/or factual grounds for the protest.

5. The form of relief requested.

Written protests must be sent to: County of Orange/Health Care Agency

Procurement and Contract Services

400 W Civic Center Drive, 3rd floor

Santa Ana, CA 92701

Attn: Dene Andrea dandrea@ochca.com

Appeal Process

If the protester disagrees with the decision of the Contract Services Division Manager, the protester may submit a written notice within three (3) business days from receipt of the Contract Services

Division Manager’s decision to the Office of the County Procurement Officer requesting an appeal to the Procurement Appeals Board.

Written appeals must be sent to: County of Orange/County Procurement Office

400 W Civic Center Drive, 5th floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ocgov.com

Within 15 business days, the County Procurement Officer will review all materials in connection with the protest, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.

The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

K. CHANGE OF OWNERSHIP/NAME AND LITIGATION STATUS

mailto:CPOAppeals@ocgov.com

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Applicant agrees that if there is a change or transfer in ownership of applicant’s organization prior to the completion of the contract, and the County agrees to an assignment of the Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume

Contractor’s duties and obligations contained in the Contract and complete them to the satisfaction of the County.

The County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract.

L. CONFLICT OF INTEREST

Applicant shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the County interests. In addition to the applicant, this obligation shall apply to the applicant’s employees, agents, and subcontractors associated with the provision of goods and services provided under the Contract. The applicant’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties.

The County reserves the right to disqualify any applicant on the basis of any real or apparent conflict of interest that is disclosed by the application submitted or any other information available to the

County. This disqualification is at the sole discretion of the County. Any applicant submitting an application herein waives any right to object to the County’s exercise of this right, now or at any future time, before anybody or agency including, but not limited to, the County Board of Supervisors or any court of competent jurisdiction.

M. CONFIDENTIALITY

California Public Records Act

Pursuant to California law, all information contained in an application may be public record, subject to disclosure to any member of the public who requests it through the California Public Records Act

(CPRA). If it is necessary to include proprietary/trade secret information in a response, the County recommends that the applicant clearly and prominently marks the information believed to fall within such categories.

Applicant will include a written statement as to the basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the County will review the material, applicant’s concerns and make an independent determination.

N. MODIFICATIONS OF THE RFA

The County reserves the sole right to interpret or change any provision of the solicitation at any time prior to the application submission date. Any and all interpretations or changes will be in the form of a written addendum, which will be furnished to all applicants through County’s online bidding system. All addendums issued will become part of the solicitation and resultant Contract. Applicants

Request for Applications 9 of 28 HIV/STD Testing for Priority Populations hereby acknowledge their receipt of any addendum by being registered in County’s online bidding system and acknowledge it is the applicant’s responsibility to check for, and read all addendums posted in County’s online bidding system.

Should such addendum require information not previously requested, the County at its sole discretion, may determine that a time extension is required for the submission of applications, in which case an addendum will indicate the new application submission date.

O. INSURANCE REQUIREMENTS

Insurance coverage and limits for the awarded contracts will vary based upon the identified services and will be determined during contract negotiations. The baseline amounts and key requirements are as follows:

COVERAGE MINIMUM LIMITS

Commercial General Liability $1,000,000 per occurrence

$2,000,000 aggregate

Automobile Liability, including coverage for owned, non-owned and hired vehicles

$1,000,000 per occurrence

Workers’ Compensation Statutory

Employer's Liability $1,000,000 per occurrence

Network Security & Privacy Liability $1,000,000 per claims made

Professional Liability $1,000,000 per claims made

$1,000,000 aggregate

Sexual Misconduct Liability $1,000,000 per occurrence

1. REQUIRED COVERAGE FORMS

a. The Commercial General Liability coverage shall be written on Insurance Services Office

(ISO) form CG-00 01, or a substitute form providing liability coverage at least as broad.

b. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA

00 12, CA 00 20, or a substitute form providing coverage at least as broad.

2. REQUIRED ENDORSEMENTS

The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

a. An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange, its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state as required by written agreement.

b. A primary non-contributing endorsement evidencing that the contractor’s insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

3. The Workers’ Compensation policy must include a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees.

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4. The Network Security & Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance:

a. An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insureds for its vicarious liability.

b. A primary non-contributing endorsement evidencing that the contractor’s insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

5. All insurance policies required by this contract shall waive all rights of subrogation against the

County of Orange, its elected and appointed officials, officers, agents and employees.

6. Contractor shall notify in writing within 30 days of any policy cancellation and 10 days for non-payment of premium and provide a copy of the cancellation notice to County Failure to provide written notice of cancellation may constitute a material breach of the contract, upon which the

County may suspend or terminate the contract.

7. The Commercial General Liability policy shall contain a “severability of interests” clause also known as a “separation of insureds” clause (standard in the ISO CG 00 01 policy).

8. Insurance certificates should be forwarded to County upon request. If the contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by

County, award may be given to next qualified vendor.

9. The County expressly retains the right to require contractor to increase or decrease insurance of any of the above insurance types throughout the term of the contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

10. The insurance company providing coverage must have and maintain at minimum the following ratings based on the most current edition of the Best’s Key Rating Guide/Property-

Casualty/United States (ambest.com):

a. A- (Secure A.M. Best’s Rating).

b. VIII (Financial Size Category).

11. It is preferred, but not mandatory, that the insurer be licensed to do business in the state of

California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best

Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

12. Self-Insured Retentions (SIRs) and deductibles shall be clearly stated on the Certificate of

Insurance. If no SIRs or deductibles apply, indicate as such on the Certificate of Insurance with a zero (0) by the appropriate line of coverage.

13. All insurance policies required by the contract shall give the County 30 calendar days’ notice in the event of cancellation and 10 calendar days’ notice for non-payment of premium. This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance.

Prior to the provision of services, the successful applicant will be required to purchase insurance at the above minimum standards at applicant’s expense, and to deposit with the County, Certificates of

Insurance including all endorsements necessary to satisfy the provisions identified above.

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If Self-Insured, the successful applicant will be required to provide a Certificate of Self-Insurance that meets at minimum, the requirements identified above.

Failure of the applicant to meet these requirements after the applicant has been selected, and prior to the Contract start date, shall result in forfeiture of the applicant’s Contract award.

DESCRIPTION OF SERVICES SECTION II

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A. TARGET POPULATION

HIV/STD Testing Services shall be provided to individuals from Priority Populations at high risk for

HIV who face barriers in accessing testing in medical settings. In Orange County, Priority

Populations are defined as Men who have Sex With Men (MSM), Transgender, Genderqueer or Non-binary, and Persons Who Inject Drugs (PWID).

B. SERVICES TO BE PROVIDED

1. Services include provision of confidential HIV1, Syphilis, and STD testing services (utilizing site-specific self-collected specimens for Chlamydia and Gonorrhea) with an emphasis on high-risk individuals from Priority Populations as defined in the Target Population Section above.

HCA will provide all necessary testing materials. Services shall include:

a. Assessment of personal risk behaviors;

b. HIV testing utilizing California Department of Public Health, State Office of AIDS

(CDPH/OA) approved testing technology;

c. Utilization of a certified Phlebotomist or authorized licensed healthcare professional (e.g., MD, DO, NP, LVN, RN, MA) for the collection of a blood draw for standard and/or confirmatory HIV and Syphilis testing;

d. Utilization of self-collected specimens for STD (Chlamydia and Gonorrhea) testing;

e. Submission of HIV and/or STD specimens to the County of Orange Public Health Laboratory

(a schedule will be developed to have a courier pick up specimens); and

f. Providing information to individuals about the validity and accuracy of the HIV testing technology and gathering appropriate consent and authorization from clients to receive services.

2. For individuals who test HIV-positive, services shall include:

a. Disclosure of positive test result (preliminary and/ or confirmatory);

b. Linkage to medical care with a verified medical visit;

c. Provision or referral to Partner Services (process by which sex and/or needle sharing partner(s) of an HIV and/or Syphilis positive person is/are notified regarding possible exposure to HIV and/or Syphilis); and

d. Referral to appropriate prevention and care programs.

1 Anonymous HIV testing can be conducted upon client request.

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3. For individuals who test positive for an STD, (Chlamydia, Gonorrhea, Syphilis), services shall include:

a. Disclosure of positive test result(s);

b. Referral to appropriate medical provider for treatment;

c. Provision or referral to Partner Services; and

d. Referral to Pre-Exposure Prophylaxis (PrEP) and other appropriate prevention services.

4. For individuals who test negative for an STD and/or HIV, services shall include:

a. Disclosure of negative test result(s);

b. Referral to PrEP and other appropriate prevention services.

C. PERFORMANCE OBJECTIVES

The selected applicant(s) shall be required to meet the following performance objectives

1. Conduct 3,000 HIV tests among individuals from Priority Populations (among all selected applicant(s), combined).

2. Inform at least 95% of individuals identified as HIV-positive with their test results.

3. Ensure that at least 85% of HIV-positive individuals, who received their HIV test results, are linked to medical care within 30 days of diagnosis (verified medical visit).

4. Conduct 3,000 STD test panels (including all appropriate STD tests: Chlamydia, Gonorrhea, and Syphilis) among individuals from Priority Populations (among all selected applicant(s), combined).

5. Inform at least 95% of individuals who test positive for an STD of their test results.

6. Ensure that at least 95% of those who test positive for an STD are referred to treatment.

D. PROGRAM REQUIREMENTS

The selected applicant(s) shall be required to meet the following program requirements:

1. Conducting HIV and STD testing.

2. Data collection and reporting in CDPH/OA required database, Local Evaluation Online (LEO).

3. Completion of the Confidential Morbidity Report (CMR) for positive STD tests.

4. Eliciting of partner information and collaborating with HCA for Partner Services.

5. Submission of biannual narrative reports.

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6. Submission of a Quality Assurance Plan to be submitted at least thirty (30) days prior to implementation of services for review and approval by Program Administrator.

7. Submission of a Blood Borne Pathogens Exposure Plan (as detailed in the Quality Assurance

Plan).

8. Completion of a monthly Expenditure Revenue Report.

9. Testing reimbursement rates should be taken into consideration for budgetary purposes, and are anticipated to be:

• $45.00 per HIV test among individuals from Priority Populations as defined in the Target

Population Section above

• $10.00 per HIV test among individuals who are not from Priority Populations (Low

Priority/Unknown)

• $4.50 per individual who completes a Self – Collected STD test, regardless of the number of sites the individual swabs (i.e., vaginal, throat, or rectal)

• $4.50 per Syphilis test

E. STAFFING REQUIREMENTS

The selected applicant shall maintain a facility that meets the following minimum requirements:

1. Spanish-speaking bilingual direct service staff preferred.

2. All HIV testing staff must be certified HIV test counselors in California through a CDPH/OA approved test counselor training for HIV Testing Technologies (i.e., Basic HIV Counselor Skills

Training (BCST) or be an authorized licensed healthcare professional allowed to perform

Clinical Laboratory Improvement Amendments (CLIA)-Waived tests.

3. At least one (1) testing staff member must have a State of California Phlebotomy Certificate or be an authorized licensed healthcare professional allowed to perform CLIA-Waived tests.

4. All staff shall complete a Blood Borne Pathogens course (as detailed in the Safety section of the

Quality Assurance Plan that outlines the Blood Borne Exposure Plan).

F. FACILITY REQUIREMENTS

The selected applicant(s) shall maintain a facility that meets the following minimum requirements:

1. Testing sites must be located in Orange County.

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2. Testing sites located in geographic locations with a high burden of HIV and/or high HIV rates will be given preference, refer to the Orange County HIV Fact Sheet for additional information available at: https://www.ochealthinfo.com/sites/healthcare/files/2023-

06/HIV%20Fact%20Sheet%202022%202023-05-17%20FINAL.pdf

3. Have a current Clinical Laboratory Improvement Amendments (CLIA) waiver.

https://www.ochealthinfo.com/sites/healthcare/files/2023-06/HIV%20Fact%20Sheet%202022%202023-05-17%20FINAL.pdf https://www.ochealthinfo.com/sites/healthcare/files/2023-06/HIV%20Fact%20Sheet%202022%202023-05-17%20FINAL.pdf

APPLICATION PREPARATION AND EVALUATION SECTION III

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Applicants should review all requirements and instructions to ensure that each requirement is clearly addressed in the application.

A. ELIGIBILITY TO SUBMIT APPLICATIONS

To be eligible to submit an application for these services, the applicant must be from community-based organizations that have been certified as non-profit will be prioritized. For-profit organizations and/or governmental organizations may apply but will only receive awards if no acceptable applications are received from non-profit organizations.

In order to be eligible to contract with the County, an individual or entity must not be listed on the current Cumulative Sanction List of the Office of the Inspector General (U.S. Department of Health and Human Services), the General Services Administration’s list of parties excluded from federal programs, or the California Medi-Cal Suspended and Ineligible Provider List. Accordingly, County will not review any application submitted by an individual or entity found to be on any of these lists and the application will automatically be rejected. County will notify the applicant of this determination in writing.

The County plans to use the following databases to identify individuals and entities that are not eligible to contract with the County:

• https://exclusions.oig.hhs.gov/

• https://sam.gov/search/

• Medi-Cal Suspension Search Database

It is the sole responsibility of all applicants to verify that they are not on any of these lists prior to preparing and submitting an application in response to this RFA. Correction of any errors found on any of the lists, above, is the sole responsibility of the applicant and must be made prior to submission of the application.

In addition, in order to be eligible to enter into a contract with the County, an individual or entity must not have any pending charge(s) or conviction(s) for violation of criminal law(s) and/or any sanction(s) or disciplinary action(s) imposed or taken against them by any federal or state law enforcement, regulatory or licensing agency or body, including exclusion from Medicare and

Medicaid programs. Accordingly, all applicants must self-disclose with explanation, or deny the existence of this information pertaining to their principals, executives, and managers directly involved with the performance of the services solicited herein in Attachment II. Form C “Applicant

Certifications”.

B. REJECTION OF APPLICATION(S)

The County reserves the right to reject any application at any time during the RFA process on the basis of any substantiated actual and/or apparent conflict of interest regarding the performance of the proposed services solicited under this RFA. All applicants must self-disclose any potential and/or actual conflict of interest(s) in Attachment II. Form C “Applicant’s Certifications”. Any applicant submitting an application herein waives any right to object to County’s exercise of this right, now or at any future time, before anybody or agency including, but not limited to, the County Board of

Supervisors or any court of competent jurisdiction.

https://exclusions.oig.hhs.gov/ https://sam.gov/search/

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As soon as the County has determined that an applicant has a conflict of interest as stated herein, County will provide written notification of such conflict and rejection of the application.

The County also reserves the right to reject any application at any time during the RFA process on the basis of any one or more of the following substantiated grounds:

1. Evidence of collusion amongst applicants;

2. Lack of such business skills and/or financial resources necessary and appropriate to successfully operate the services solicited in this RFA, as revealed by either the financial statement or experience statement;

3. Default on, or unpaid, County debt;

4. Default on any obligation to County;

5. Current or past failure to perform to County standards any obligation of a contract with County, as determined by County; and

6. Ineligible to enter into a contract with the County, as set forth in Section III.A “Applicants’

Eligibility to Contract with County”.

All applications that are irregular, incomplete, conditional, ambiguous and/or obscure and not minor irregularities and/or immaterial or inconsequential variations from the RFA requirements will be rejected. The County will provide a written notification of the grounds upon which an application is rejected.

C. MINOR IRREGULARITIES AND DEFICIENCIES IN APPLICATION(S)

The County reserves the right at its sole discretion, to accept an application containing a minor irregularity or when a defect or variation is immaterial or inconsequential.

The County reserves the right to waive any and all minor irregularities in lieu of seeking corrections thereof. All requests for correction of minor irregularities or notification of waiver thereof will be given to applicants in writing.

D. NON-RESPONSIVE APPLICATION(S)

Any application which fails to conform to the essential requirements of this RFA, such as specifications, may be rejected as non-responsive.

The County will provide a written notification of rejecting non-responsive applications, which will state the specific grounds for the rejection. Therefore, it is the sole responsibility of the applicants to ensure their applications are conforming and responsive to all requirements of this RFA.

E. EVALUATION OF APPLICATIONS AND SELECTION OF PROVIDERS

The County plans to review all applications received and enter into contract negotiations with applicants that meet all requirements.

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The County has the right to conduct a compensation plan analysis to review and audit all business records and related documents of any and all applicants (including an affiliated or parent company), determine the adequacy, fairness, and reasonableness of the application, and to contact any and all client references.

The County’s determination as to whether an applicant is qualified and responsive will be based on the information furnished by the applicant in this solicitation, interview(s) with the applicant (if applicable), as well as from other sources determined to be valid by County. Award will not be made until after such investigations, as are deemed necessary, are made by the County regarding the experience and financial responsibility of applicant, which each applicant agrees to permit by submitting its application.

MINIMUM SUBMISSION INSTRUCTIONS SECTION IV

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The following are the submission requirements for an applicant to be considered as an eligible candidate to be considered for the requested services described in this RFA. Should any of this information be missing, the applicant may be deemed non-responsive.

Provide the information requested below in one (1) file labeled [Solicitation Name]-[Applicant

Name] per the instructions in Section I. G. “General Instructions for Submittal”. Failure to provide and/or disclose requested information and/or documents may result in disqualification of your application.

A. Cover Page/Executive Summary

All Applications must be accompanied by a cover letter of introduction and executive summary of the application.The cover letter must be signed by person(s) with authority to bind the applicant together with the main office address, and telephone number (including area code). If the applicant is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant

Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one (1) person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two (2) categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation. An unsigned or improperly signed application submission is grounds for rejection of the application and disqualification from further participation in this RFA process.

B. Complete the Agency Description Form (Form B – Attachment II). Ensure Form B and Applicant’s

Certification (Form C – Attachment II) are signed prior to submission.

C. Complete the Applicant Certification Form (Form C – Attachment II)

D. Board of Directors (Form D – Attachment II)

E. Complete the Campaign Contribution Disclosure Form. LEVINE ACT – COUNTY OF ORANGE

CAMPAIGN CONTRIBUTION DISCLOSURE: Effective January 1, 2023, Senate Bill No. 1439 amends § 84308 of the California Government Code, commonly referred to as the “Levine Act.” The

Levine Act precludes an Officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the

Officer or received by the Officer on behalf of any other Officer, or on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of such contributions by a party to be awarded a specified contract.

Proposers/bidders are responsible for reviewing and completing the attached County of Orange

Campaign Contribution Disclosure Form as a minimum submittal requirement for all County solicitations.

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F. Provide three (3) letters from professional references of organizations that have direct knowledge of your organization’s performance within the last year and will corroborate that your organization’s performance for the requested services meets the requirements of this solicitation. Reference letters must be submitted on the organization’s letterhead and signed by an individual that has the authority to sign on behalf of the named organization. Reference letters must include the following information; type of services provided, contract term dates, contract funding amount, and statement regarding satisfactory performance.

G. Provide copies of the documents below. Include an index of all the documents included, and an explanation for any document requested but not provided.

1. If incorporated:

a. Articles of Incorporation executed by the Secretary of State, including all amendments.

b. By-laws, including all amendments.

c. Board of Directors resolution empowering a Corporate Officer either by title or individual name, to act on behalf of the organization by his/her signature alone.

2. If not incorporated, documentation empowering an Authorized Representative to act on behalf of the organization by his/her signature alone.

3. Fictitious Business Name statement filed with the County Clerk and proof of publication.

4. Partnership papers and/or joint venture contracts.

5. Evidence of federal/state tax status.

6. IRS W-9 Form: Request for Taxpayer Identification Number and Certification.

7. Business License/Certifications/Conditional Use Permit (CUP).

8. Table of contents from the organization’s policies and procedures manual covering daily operations and emergency procedures (medical, fire, etc.). If a policies and procedures manual does not exist, provide a plan and time frame for development.

9. Corporate organizational chart that includes all programs, identifies the relationship of the proposed program to the overall organization, and identifies the reporting relationship of each proposed staff position.

10. Unique Entity Identifier (UEI): A unique twelve-character identification number required by the federal government as part of their financial request and reporting process, which can be obtained free of charge from the SAM.GOV website (https://sam.gov/content/entity-registration) Every proposer is required to provide a UEI number regardless of the funding source of this solicitation.

H. Recent financial statement prepared by an independent Certified Public Accounting (CPA) firm.

I. Any audits, reviews, or inspection reports completed by a CPA firm, regulatory agency (e.g., Occupational Safety and Health Administration), or other government agency within the last 12 months.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fcontent%2Fentity-registration&data=05%7C01%7CJCook-Giles%40ochca.com%7Cc0b8c5e857154afadc1608da24862813%7Ce4449a56cd3d40baae3225a63deaab3b%7C0%7C0%7C637862455865038974%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=saJi5HwhG97zJTwauLvo7rajvZ2EPvRz79mM3hzbxuQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fcontent%2Fentity-registration&data=05%7C01%7CJCook-Giles%40ochca.com%7Cc0b8c5e857154afadc1608da24862813%7Ce4449a56cd3d40baae3225a63deaab3b%7C0%7C0%7C637862455865038974%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=saJi5HwhG97zJTwauLvo7rajvZ2EPvRz79mM3hzbxuQ%3D&reserved=0

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J. Provide a description of any active litigation and resolution, performance issues and/or audit or review of any contractual documents (e.g., invoices, units of service reports, etc.) within the last five

(5) years that resulted in a corrective action plan, reimbursement of money to funder, investigation, and/or termination of any agreements or contracts between your organization and the County of

Orange, other government entity, and/or private organization. Provide a copy of a letter from your attorney and/or in-house legal counsel concerning the status of lawsuits and pending litigation for the most recent year. IF THERE ARE NONE, PLEASE STATE SUCH IN THE SUBMITTAL

RESPONSE. For each litigation and or performance issue include:

a) The type of contracts, contract term (dates), funding amount and services provided.

b) The issues and circumstances.

c) How and when the issues were resolved.

d) Your plans to ensure that the issues will not re-occur in future contracts.

K. Attach detailed information regarding past, current, or threatened litigation, liens, or claims

(including claims filed or pending with Financial Industry Regulatory Authority and/or with the

Security Exchange Commission) within the past five (5) years involving your company, or any company your company holds a controlling interest in, or any company that holds an interest in your company, or any of the principal officers of your company that has also involved the County of

Orange or any of its officers or agencies.

L. Services Questionnaire

APPLICATION FOR HIV/STD TESTING SERVICES for PRIORITY POP SECTION V

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SERVICES QUESTIONNAIRE

1. Does your organization accept the terms and conditions of Attachment I – Contract Template?

Yes ____ No ____

If no, explain why and identify which section:

2. Does your organization have the experience and ability to provide the requested services in Section

II.B. of this solicitation? Yes ____ No ____

If yes, how many years of experience?

If no, explain why and include a plan to meet this requirement.

a. Providing HIV/STD Testing services to individuals from Priority Populations

(as defined in the Target Population Section of the RFA)?

If no, explain why, and include a plan to meet this requirement.

b. HIV testing using OraQuick Rapid Test kit (finger stick)? Yes ____ No ____

c. HIV testing using a standard and/or confirmatory blood draw? Yes ____ No ____

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d. A private space for conducting an assessment of personal risk with the client?

e. STD testing for Chlamydia and Gonorrhea utilizing self-collected specimens (swabs)?

f. A room with a long wall mounted mirror and counter space to place specimen rack that is appropriate for collecting STD specimens? Yes ____ No ____

g. Submission of collected specimens to the County of Orange Public Health Laboratory?

h. Linkage to care for HIV-positive individuals? Yes ____ No ____

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i. Referral to prevention services (including PrEP) for HIV-negative individuals?

j. Referral to and/or Partner Services assistance? Yes ____ No ____

3. Does your organization have established written policies and procedures for the following?

HIV testing Yes No

STD testing Yes No

If no to either of the above, what is your plan to have protocols established by January 1, 2024?

4. Does your organization have established protocols for submitting the following specimens to the

County of Orange Public Health Laboratory?

HIV specimens Yes No

STD specimens Yes No

If no to either of the above, what is your plan to have protocols established by January 1, 2024?

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5. Does your organization have the experience and ability to meet the Performance Objectives in

Section II.C. of this solicitation? Yes ____ No ____

6. Does your organization have the ability to meet the requirements in Section II.D. of this solicitation?

a. Data collection and reporting in State required database (i.e., LEO).

b. Completion of the Confidential Morbidity Report (CMR) for positive STD tests.

c. Submission of biannual narrative reports. Yes ____ No ____

d. Submission of a Quality Assurance Plan. Yes ____ No ____

e. Submission of a Blood Borne Pathogens Exposure Plan (to be including as part of the

Quality Assurance Plan). Yes ____ No ____

f. Completion of a monthly Expenditure Revenue Report. Yes ____ No ____

7. Does your organization’s staff that will be allocated to this program meet the requirements in

Section II.E. of this solicitation?

a. Spanish-speaking bilingual direct service staff.

Yes, indicate the…