RFO_10783701.pdf

REQUEST FOR OFFER (RFO) 10783701

December 6th, 2024

You are invited to review and respond to RFO# 10783701 California Correctional Health Care Services (CCHCS). By submitting your offer, you agree to comply with the instructions contained in this document as well as the requirements described in the associated Exhibit A – Scope of Work. Please read the enclosed document carefully.

The proposed term of the Agreement is upon approval not to exceed 12 months. The Agreement award is subject to availability of funds approved for this purpose and only by mutual consent of the parties in writing.

RFOs must be received no later than the date and time specified in Section Key Action Dates. Failure to comply with any of the instructions may cause the offer to be rejected.

Please note that no verbal information given will constitute a binding agreement with CCHCS unless such information is issued in writing as an official addendum.

CCHCS Procurement Official: Steve Phan

Phone: 916-691-4771 Email: Steve.Phan@cdcr.ca.gov

RFO # 10783701

CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES

Table of Contents

I. Response Guidelines

II. Exhibit A – Scope of Work

III. Exhibit B – Budget Detail and Payment Provisions

IV. Exhibit C – Cost Worksheet

V. Required Attachments Checklist

Attachment 1 Agreement Cover Letter

Attachment 2 Bidder’s Declaration Form, GSPD-05-105

Attachment 3 Disabled Veteran Business Enterprise Declarations, DGS PD 843

Attachment 4 Darfur Contracting Act Certification, DGS PD 1

Attachment 5 Generative Artificial Intelligence (GenAI) Reporting and Factsheet, STD. 1000

Attachment 6 Postconsumer-Content Certification, CalRecycle 74

Attachment 7 Information Technology – General Provisions Non-Cloud Goods & Services

Attachment 8 Payee Data Record, STD. 204

Attachment 9 Supplement Vendor Payee Data Record

I.

Response Guidelines

This RFO, including all exhibits, and Offeror’s response, will be made part of the CCHCS IT ordering department’s purchase documents and/or procurement contract file.

1. Submission of Quotes

The complete RFO package submission must be emailed to Steve.Phan@cdcr.ca.gov. The email subject must start with “RFO 10783701”. If attachments are too large for a single email, then you may split the response into multiple emails.

Note: It is the sole responsibility of the Offeror to contact the Contract Analyst to verify receipt of submitted Quote. CCHCS is not responsible for e-mail loss or delivery delays.

2. Key Action Dates

Time is of the essence both for the RFO submittal and contract completion. Please take note of the key dates and times shown below:

EVENT DATE AND TIME

1 Last Day to Submit Questions

All questions regarding the content of this RFO should be submitted in writing electronically to Steve.Phan@cdcr.ca.gov. To be considered, questions must be received by December 11, 2024. Questions not submitted as required may not be addressed.

2 Final Date to Submit an RFO Package December 20, 2024

3 Agreement Term Upon approval, not to exceed 12 months

3. RFO Response Requirements and Content

RFO response must contain all requested information and data and must conform to the format described in this RFO. It is the Offeror’s responsibility to provide all necessary information for assessment by CCHCS. Responses will be verified and Offeror’s ability to perform under the RFO will be determined by CCHCS as outlined in the RFO.

A. Offerors must include all applicable items listed on the Required Attachments Checklist. RFO packages that are conditional or fail to submit the required documentation by the date and time shown in the Key Action Dates may cause CCHCS to deem the Offer as non-responsive.

B. The specific tasks associated with this RFO are included in the Exhibit A - Scope of Work (SOW). Offerors must be submitted for the performance of all services described herein. Any deviation from the work specifications will eliminate the Offeror from further consideration and award.

C. CCHCS will not accept alternate contract language from the Offeror. CCHCS objects to and will not evaluate or consider any additional terms or conditions submitted by an Offeror. There will be No negotiations of any terms or conditions.

If a contract is awarded to the Offeror, the Offeror agrees to execute CCHCS terms and conditions in:

• Attachment 8 - Information Technology – General Provisions Non-Cloud

Goods & Services

By responding to RFO# 10783701, Offeror agrees to the state’s Terms and Conditions above. If the Offeror refuses to agree to the state’s Terms and Conditions after an award is made, then that refusal could be grounds to rescind the award and award the contract to another Offeror.

D. Costs incurred for the development of Offers, in anticipation of award, are entirely the responsibility of Offeror and shall not be charged to CCHCS or the State of California.

E. CCHCS may amend or modify the RFO prior to the Final Date for Offer Submission indicated in the Key Action Dates of this RFO. All modifications and/or amendments to the RFO will be made in writing and released to all parties who received the RFO.

Additionally, CCHCS may extend the submission date of the RFO.

F. Offers submitted as Small Business (SB) and/or Disabled Veteran Business

Enterprise (DVBE) must provide and include a SB/DVBE Certification. In accordance with California Government Code Section 14837(d) and California Military and Veterans Code Section 999, all SB and DVBE contractors, subcontractors and suppliers that offer on or participate in a State contract, shall perform a Commercially Useful Function (CUF) and provide a CUF declaration.

G. CCHCS is not required to make an award under this RFO.

4. Generative Artificial Intelligence (GenAI) Notification Requirements 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 / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), 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.

5. Assessment and Selection Process All offers are reviewed for Responsiveness and Completeness as defined in the requirements of the RFO. Incomplete offers will not be considered.

The CCHCS Assessment and Selection Team will compare responsive offers based on the “Best Value” methodology, which includes costs as a factor. Best value will be determined based on the criteria listed below:

• Completeness of Offer and adherence to all Administrative Requirements

• Desirable Qualifications

• Cost Worksheet – Exhibit C

Award of a contract resulting from this RFO will be based on a “Best Value” with cost as one of the criteria. CCHCS is not constrained to accept the lowest cost bid and will compare all bids to determine best value, which means the bid that best meets, and potentially exceeds, CCHCS requirements at the most reasonable overall cost.

Administrative Requirements

The Assessment Team reviews the Offers to determine whether all Administrative Requirements were provided. Responsiveness to the requirements in this RFO will be either given a “pass” (e.g., complied with requirements, completed, and returned documents) or “fail” (e.g., did not comply with requirements, did not complete or return documents). Only those Offers that receive a passing score will proceed to the next step.

Desirable Qualifications

Each proposed Contractor that meets a desirable qualification will be scored up to the specific desirable allowable maximum points. If a Contractor does not meet the desirable qualification, the candidate will receive zero (0) point.

•Contractors must provide a copy of a Small Business Certificate from State of California Certification.

•Contractors must provide a copy of a Disabled Veteran Business Enterprise from State of California Certification

Cost Assessment

Contractors must provide a Cost Worksheet – Exhibit C listing the total price.

Calculated as follows:

Lowest Offered Cost divided by Higher Cost = Cost Ratio. Cost Ratio multiplied by Total Cost Points = Awarded Cost Points

Example:

Lowest Proposed Offer x 95= Offeror’s Points

Vendor’s Total Cost

$120 x 95 = 87.4 $130

Administrative Requirement Evaluation Criteria

Attach all applicable documents, complete all exhibits, and compliance with RFO response:

1. Scope of Work, Exhibit A

2. Cost Worksheet, Exhibit C

3. Agreement Cover Letter, Attachment 1

4. Bidder’s Declaration Form, GSPD-05-105, Attachment 2

5. Disabled Veteran Business Enterprise Declarations, DGS

PD 843, Attachment 3

6. Darfur Contracting Act Certification, DGS PD 1, Attachment 4

7. Generative Artificial Intelligence (GenAI) Reporting and

Factsheet, STD. 1000, Attachment 5

8. Payee Data Record, STD. 204, Attachment 7

9. Supplement Vendor Payee Data Record, Attachment 8

Pass/Fail

II.

Exhibit A

Scope of Work

1. Contract Description:

Contractor shall provide the gaming systems and games for recreational therapy groups. The gaming system is designed for the Correctional setting and will have removed WiFi connection.

2. Period of Performance:

The term of the Agreement is, upon approval with the duration not to exceed 12 months.

3. Working Location:

All work performed by all parties shall be performed at the following locations:

Salinas State Prison, 31625 Highway 101, Soledad, CA 93960 California State Prison, 4001 King Avenue, Corcoran, CA 93212

4. Amendments:

CCHCS reserves the option to extend the Agreement for additional time and money at the rates evaluated and considered, through a formal Agreement amendment. The Agreement award is subject to availability of funds approved for this purpose. No amendment or variation of the terms of this Agreement shall be valid unless submitted in writing, and agreed upon by both parties and approved, as required. Products are price protected (fixed prices throughout the enrollment period) at the price identified in the Exhibit C - Cost Worksheet.

5. California Correctional Health Care Services Responsibilities:

a. Designate a person (Program Manager) to whom all Contractor communication may be addressed and who has the authority to act on all aspects of the service.

This person may review the Agreement and associated documents with the Contractor to ensure an understanding of the responsibilities of both parties.

b. Provide timely review and approval of information and documentation provided by the Contractor to perform its obligations.

6. Terms and Conditions:

To submit an offer, you must comply with the instructions contained in this document as well as the requirements described in all Exhibits and attachments.

By responding to this offer, the Offeror agrees to the State’s Terms and Conditions. If the Offeror refuses to agree to the State’s Terms and Conditions after an award is made, then that refusal could be grounds to rescind the award and award the contract to another Offeror.

7. Solutions Requirements:

Contractor will provide the products/services and maintenance in Exhibit C, Rate Sheet.

• Preload games into the gaming system.

• Remove WiFi connection for Correctional setting.

• Will provide a loaner during the repair or maintenance period.

• Trouble shoot, replace, or fix issues that occurs with the system.

8. 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 offer 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 offer/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

9. Coronavirus (COVID-19) Requirement The Contractor agrees to comply with the following. Failure to meet these requirements may result in the termination of the contractor or contract.

a) Screening: The Contractor shall not dispatch any employees who are exhibiting COVID-19 symptoms to CDCR/CCHCS worksites/locations. Each Contractor employee who visits institutional grounds may be required to undergo a health questionnaire to screen for COVID-19 before being granted access into the institution.

b) Testing: In addition to the screening, Contractor employees working full time at any institution or facility grounds may be subject to COVID-19 testing in the same manner as institution staff.

c) Facial Coverings: Contractors are advised that mask requirements at each institution or facility may vary, (such as N95 masks being required and provided at certain locations) and as such, the requirements for that institution must be followed. Additionally, institutions or facilities may update their requirements in which case the Contractor’s employees must adhere to such updated requirements.

d) Vaccinations: The Contractor agrees to comply with current State Public Health Officer Orders issued by the California Department of Public Health (CDPH) as it pertains to vaccination requirements for contractor staff in certain locations/settings. Such Orders, including any CCHCS requirements, will be enforced by the Contract Manager.

10. Generative Artificial Intelligence (GenAI) Notification

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors.

Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or or terminate any contract that presents an unacceptable level of risk to the State.

11. Notices:

All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties of this Agreement at their address as set below unless changed from time to time, in which event each party shall notify the other in writing, and all such notices shall be deemed duly given if deposited, postage prepaid, in the United States mail and directed to the following addresses below:

12. Primary Contacts

The technical representative during the term of this Agreement will be:

State Agency

Contractor

California Correctional Health Care Services

Attn: Cristina Williams Attn:

Phone: (916) 691-3857 Phone:

Address: 8260 Longleaf Dr, Elk Grove, CA, 95758 Address:

E-mail: Cristina.Williams@cdcr.ca.gov E-mail:

Direct all contract related inquiries to:

State Agency

Contractor

California Correctional Health Care Services

Attn: Steve Phan Attn:

Phone: (916) 691-4771 Phone:

Address: 8260 Longleaf Dr, Elk Grove, CA, 95758 Address:

E-mail: Steve.Phan@cdcr.ca.gov E-mail:

13. Advertising of Data:

The Contractor and any service providers are not authorized to use, sell, resell, package, or repackage or publicly display any information or data without the express written approval of the State. This restriction includes keyword searching or data mining of state data. Advertising is not allowed in any of these services or to any of the contacts associated with these services.

14. Termination Provisions:

The State may exercise its option to terminate this Agreement at any time with 30 calendar days’ prior written notice.

III.

Exhibit B

Budget Detail and Payment Provisions

1. Invoicing and Payment

A. For services satisfactorily rendered and upon receipt and approval of invoices, CCHCS agrees to reimburse Contractor for said services, no more than annually, upon receipt and approval of itemized invoices, and in accordance with Exhibit C - Cost Worksheet.

B. Payment for services performed under the Agreement shall be made in accordance with the State of California’s Prompt Payment Act (GC Section 927 et seq.).

C. Invoices shall include the Contract Number, sufficient scope and detail to define the actual work performed, including a description of the activities of the Contractor and Subcontractor, the hours allocated to those activities, the locations where work was performed, the expenses claimed, any required reports, and shall be submitted to:

California Department of Corrections and

Rehabilitation Sacramento Accounting Office

Attention: Accounts Payable A

PO Box 187015 Sacramento, CA 95818-7015

D. The Contractor also has the option to submit invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement on the subject line of the email. The email must include an attached PDF file of the invoices, in accordance with the information above, and must reference the institution acronym and the invoice number. For electronic submission, send invoices to:

medicalcontractinvoices@cdcr.ca.gov

2. Payment Structure

The payment structure for software and maintenance for 12 months or longer will be paid for the first year only and must be invoiced on an annual basis for the remaining period. Progress payments shall occur monthly upon approval of work completed for said services in accordance with Exhibit C - Cost Worksheet. All invoices shall be submitted to the Contract Manager for review/approval.

mailto:medicalcontractinvoices@cdcr.ca.gov

3. Budget Contingency Clause

A. 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.

B. 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.

4. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

5. Travel Reimbursement

[ X ] The following does not apply to this Agreement

A. Pursuant to the terms established in this agreement, travel reimbursement may not exceed the rates, terms, and conditions that apply to comparable State employees, in accordance with travel rules and regulations, as specified in California Code of Regulations, Title 2, Division 1, Chapter 3, and/or regulations of the California Department of Personnel Administration (DPA), specifically Sections 599.619 through 599.631.

6. Subcontractor

For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in the Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of contractor’s responsibilities and obligations hereunder. 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.

IV.

Exhibit C

Cost Worksheet

Offeror’s must submit a cost quote for each item(s) in the following list and clearly state unit and extended price.

Salinas Valley State Prison 31625 Highway 101 Soledad, CA 93960

California State Prison Corocoran 4001 King Avenue Corcoran, CA 93212

Description Part # Qty Unit Price Total Cost

1 Nintendo Switch, Wifi Disabled 045496883775 3 $ $

2 PowerA Wired Controller for Nintendo Switch B07PDJ45BT 8 $ $

3 Nintendo Switch Sports 045496598075 3 $ $

5 New Super Marios Bros U Deluxe – Nintendo Switch 045496592691 3 $ $

6 Mario Kart 8 Deluxe - Nintendo Switch 045496590475 3 $ $

Grand Total $

Description Part # Qty Unit Price Total Cost

1 Nintendo Switch, Wifi Disabled 045496883775 2 $ $

2 Nintendo Switch Joy-Cons 045496590130 6 $ $

Grand Total $

V.

Required Attachments Checklist

Attachment 1 Agreement Cover Letter

Attachment 2 Bidder’s Declaration Form, GSPD-05-105

Attachment 3 Disabled Veteran Business Enterprise Declarations, DGS PD 843

Attachment 4 Darfur Contracting Act Certification, DGS PD 1

Attachment 5 Generative Artificial Intelligence (GenAI) Reporting and Factsheet, STD. 1000

Attachment 6 Postconsumer-Content Certification, CalRecycle 74

Attachment 7 Information Technology – General Provisions Non-Cloud Goods & Services

Attachment 8 Payee Data Record, STD. 204

Attachment 9 Supplement Vendor Payee Data Record

Attachment 1 Agreement Cover Letter

By signing below, with inclusion of the date of signature, the bidder declares that the undersigned complies with the requirements of the solicitation and that the information set forth within is true and correct. This document must be signed and returned along with the entire bid response. An electronic signature is acceptable. An unsigned cover letter will be cause for bid rejection.

A. The signatory to this letter is authorized to bind the bidding company contractually.

B. We have carefully read and will comply with all solicitation requirements.

C. We commit to all terms and conditions as required by the solicitation.

RFO ID: 10783701

Bidder Company Name:

Address:

City, State & Zip Code:

Telephone Number:

Email:

Print Name:

Title:

Signature:

Date:

Attachment 2 Bidder Declaration Form, GSPD-05-105

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with their response.

Bidder Declaration

Attachment 3 Disabled Veteran Business Enterprise Declarations, DGS PD 843

A responsive Offeror classified as a Disabled Veteran Business Enterprise must submit a signed Disabled Veteran Business Enterprise Declarations, DGS PD 843, before contract award. The form can be located at the following link:

Disabled Veteran Business Enterprise Declarations

Attachment 4

Darfur Contracting Act Certification, DGS PD 1

All Offerors that have had any business activities or other operations outside of the United States must submit a signed Darfur Contracting Act Certification form. This form can be located at the following link:

Darfur Contracting Act Certification

Attachment 5 Generative Artificial Intelligence (GenAI) Reporting and Factsheet Form, STD. 1000

Bidders/offerors are required to complete and return form STD 1000 GenAI Reporting and Factsheet at the time of bid/offer to be deemed responsive. The form can be located at the following link:

GenAI Reporting and Factsheet https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/-/media/CBAFDC111B6C43B09496B8391E11F394.ashx https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

Attachment 6 Postconsumer-Content Certification, CalRecycle 74

All bidders must complete the Postconsumer-Content Certification form and include it with their response.

Postconsumer-Content Certification

Attachment 7

Information Technology – General Provisions Non-Cloud Goods & Services The following Provisions referenced herein are incorporated into this agreement:

Information Technology - General Provisions Non-Cloud Goods & Services

(Rev. 11/12/2024)

Attachment 8 Payee Data Record, STD. 204

A responsive Offeror must submit a signed Payee Data Record, STD. 204 and, if applicable. The form can be located at the following link:

Payee Data Record https://www2.calrecycle.ca.gov/Docs/Web/111480 https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document-Attachments/GSPDITGP-NonCloudRevised-and-Effective-111224.docx http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf