RFO_10785476.pdf

REQUEST FOR OFFER (RFO) 10785476

December 6, 2024

You are invited to review and respond to RFO# 10785476 California Correctional Health Care Services (CCHCS) Storage Area Network Implementation and Migration services. 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: Kamran Khalid

Phone: 916-691-2369 Email: Kamran.Khalid@cdcr.ca.gov

RFO # 10785476

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. Exhibit D – CCHCS Special Provisions

VI. Exhibit E – Insurance Requirements

VII. 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 California Civil Rights Laws, DGS OLS 04

Attachment 5 Darfur Contracting Act Certification, DGS PD 1

Attachment 6 Generative Artificial Intelligence (GenAI) Reporting and Factsheet, STD. 1000

Attachment 7 Postconsumer Recycled-Content Certification, CalRecycle 74

Attachment 8 Information Technology – General Provisions Non-Cloud Goods & Services

Attachment 9 Payee Data Record, STD. 204

Attachment 10 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 Kamran.Khalid@cdcr.ca.gov. The email subject must start with “RFO 10785476”. 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 Kamran.Khalid@cdcr.ca.gov. To be considered, questions must be received by December 12, 2024. Questions not submitted as required may not be addressed.

Last Day to Respond to Questions

December 13, 2024

Final Date to Submit an RFO Package

December 17, 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 7 - Information Technology – General Provisions Non-Cloud Goods & Services

By responding to RFO# 10785476, 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. California Civil Rights Laws, DGS OLS 04, Attachment 4

7. Darfur Contracting Act Certification, DGS PD 1, Attachment 5

8. Generative Artificial Intelligence (GenAI) Reporting and

Factsheet, STD. 1000, Attachment 6

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

10. Supplement Vendor Payee Data Record, Attachment 9

Pass/Fail

II.

Exhibit A

Scope of Work

1. Contract Description:

California Correctional Health Care Services (CCHCS) is requesting to procure new Storage Area Network (SAN) switches and implementation and migration services.

Contractor agrees to provide CCHCS the certain equipment and services as identified in Exhibit C - Cost Worksheet, of this Agreement.

2. Period of Performance:

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

3. Working Location:

California Correctional Health Care Services 8260 Longleaf Dr Elk Grove, CA, 95758

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. 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.

6. 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.

7. 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.

8. 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.

9. 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:

10. Primary Contacts

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

State Agency

Contractor

California Correctional Health Care Services

Attn: Benson Yee Attn:

Phone: (916) 691-3379 Phone:

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

Address:

E-mail: Benson.Yee@cdcr.ca.gov E-mail:

Direct all contract related inquiries to:

State Agency

Contractor

California Correctional Health Care

Attn: Kamran Khalid Attn:

Phone: (916) 691-2369 Phone:

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

Address:

E-mail: Kamran.Khalid@cdcr.ca.gov E-mail:

11. 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.

Exhibit A-1

Detailed Scope of Work

1. Scope:

Contractor will, as more fully described herein, provide CCHCS with a SAN

Implementation Service. As part of the Service, provide CCHCS with technical services to assist in implementing to an operational Fiber Channel (FC) switch

SAN solution ready for CCHCS’s integration into its production environment. The plans and schedules for implementation, testing, knowledge Contractor will transfer, and cutover events will also be developed.

2. Scope Boundaries:

The Service is limited as follows:

In terms of Client Site(s) Service limited to One (1)

In terms of FC Switches

Implementation

Service limited to Two (2)

In terms of SANnav Deployment Service limited to One (1) Instance

In terms of Knowledge Transfer Service limited to Four (4)

Table – Source & Target SAN components

Source/Target Product Description

Source 2* Brocade 6510 FC Switches (1 each fabric)

Target 2* Brocade G720 FC Switches (1 each fabric, 24 ports per switch)

3. Deliverables and Outcomes:

Deliverables:

The following Contractor deliverables will be provided to CCHCS in soft copy:

All Services

• Pre-engagement checklist

• Project plan

• Migration checklist

• Knowledge transfer

Outcome:

Upon completion of the Service, CCHCS will have their new SAN switches implemented according to CCHCS supplied business and mutually agreed technical parameters.

Exhibit A-2

Contractor will, as more fully described herein, provide CCHCS with advance SAN

Implementation Service, as part of the Service, provide CCHCS with technical services to assist in migration to an operational FC switch SAN solution ready for

CCHCS’s integration into its production environment. The plans and schedules for migration, testing, knowledge Contractor will transfer, and cutover events will also be developed.

2. Scope Boundaries:

The Service is limited as follows:

In terms of Client Site(s) Service limited to One (1)

In terms of FC Switches

Implementation

Service limited to Two (2)

In terms of FC Switches Migration Service limited to Two (2)

In terms of FC Port Migration Service limited to Twenty (20)

In terms of Switch Cutover Event(s) Service limited to Two (2), 1 Per

Switch

Table – Source & Target SAN components

Source/Target Product Description

Source 2* Brocade 6510 FC Switches (1 each fabric)

Target 2* Brocade G720 FC Switches (1 each fabric, 24 ports per switch)

3. Deliverables and Outcomes:

Deliverables:

The following Contractor deliverables will be provided to CCHCS in soft copy:

All Services

• Pre-engagement checklist

• Project plan

• Migration checklist

Outcome:

Upon completion of the Service, CCHCS will have their SAN environment migrated from the existing SAN switches to the new SAN switches according to

CCHCS supplied business and mutually agreed technical parameters.

Exhibit A-3

Contractor will be responsible for contracting with and providing qualified technicians to provide cabling services at one (1) CCHCS data centers in one (1) travel visit at the CCHCS data center located in Sacramento, CA.

2. Approach:

Contractor will be responsible for providing trained, knowledgeable, and experienced staff to install two (2) new brocade switches and relocate existing

CCHCS cables from existing switches to newly installed switches.

3. Deliverables:

Contractor will attend any needed planning meetings via conference bridge.

Contractor will provide the following services

• Install new brocade switches

• Relocate existing CCHCSs cables from existing switches to newly installed switches.

The Contractor Project Lead will:

• Verify all resources are scheduled at the appropriate times

• Monitor the Service and escalate if any issues occur

• Provide necessary labor to perform the Service

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 mailto:medicalcontractinvoices@cdcr.ca.gov said services in accordance with Exhibit C - Cost Worksheet. All invoices shall be submitted to the Contract Manager for review/approval.

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.

Description Part # Qty Unit Price Total Cost

G720.24P. Qty. 24 64G SWL

SFP.AC.PORTSD EXH. ENT

HD-G720-24-

64G-R-Z.P

2 $ $

S/W 8 PORT ON DEMAND

WITH Qty. 8 64G

SWL SFP

XBR-

MIDR8PTPOD

-64G.P

6 $ $

S/W 16 PORT-ON-

DEMAND, Qty. 8 BR 64G SWL SFP-DDs FOR GEN-7

MIDRANGE

SWITCH

XBR-

MIDR16DDG7

POD-64G.P

2 $ $

POWER CORD IEC C14 TO

IEC C13 250VAC

10A WORLDWIDE

APPROVALS 2.5M

043-100210-

04-UL-S.P

SVC Mo INST Brocade G720 64GB Switch

301-004233- 01.P

SVC Mo PREM Brocade G720 64GB Switch Includes 12 months maintenance

301-004236- 01.P

SAN Implementation

051-100013- 01.P

Services f

Grand Total $

V.

Exhibit D

CCHCS Special Provisions

1. Subcontractor/Personnel Information

Contractor is required to identify all subcontractors who will perform labor or render services in the performance of the Agreement. Additionally, the Contractor shall notify the CCHCS Contract Manager, or designee, within ten working days, of any changes to the subcontractor and/or personnel information.

2. Employment of Ex-Offenders

A. Contractor cannot and will not, either directly or via a subcontracted consultant and/or firm, employ in connection with this Agreement:

(1) Ex-Offenders on active parole or probation;

(2) Ex-Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or

(3) Any ex-felon in a position which provides direct supervision of parolees.

B. Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the Contractor subject to the following limitations:

(1) Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and

(2) Any ex-offender whose assigned duties are to involve administrative or policy decision-making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of California.

3. Licenses and Permits

The Contractor shall be an individual or firm licensed to do business in California and shall obtain, at Contractor’s expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

In the event any licenses and/or permits expire at any time during the term of this Agreement, Contractor agrees to provide the CCHCS with a copy of the renewed licenses and/or permits within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required licenses and/or permits, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

4. Conflict of Interest

The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest.

Consultant Contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within 30 days after the expiration of the Agreement. Other service Contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CCHCS or whenever it appears that a conflict of interest may be at issue. Generally, service Contractors (other than Consultant Contractor required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists:

(1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur;

(2) The Contractor and/or Contractor’s employee(s), pursuant to the Agreement, makes or influences a governmental decision; or

(3) The Contractor and/or Contractor’s employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR’s Conflict of Interest Code.

(4) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment.

(5) No officer or employee shall contract on his or her own behalf as an independent Contractor with any State agency to provide goods or services.

(6) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of:

(a) Using an official position for private gain;

(b) Giving preferential treatment to any particular person;

(c) Losing independence or impartiality;

(d) Making a decision outside of official channels; and

(e) Affecting adversely the confidence of the public or local officials in the integrity of the program.

(7) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State.

(8) For the two year (2-year) period from the date he or she left State employment, no former State officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any State agency.

(9) For the twelve-month (12-month) period from the date he or she left State employment, no former State officer or employee may enter into an Agreement with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving State service.

(10) In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR.

(11) In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by the CDCR.

(12) For the purposes of this paragraph, “affiliated company, person or business” means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders, either directly or indirectly. “Affiliated companies, persons or businesses” include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders.

(13) The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement.

(14) The Contractor shall have a continuing duty to keep the State timely and fully apprised in the writing of any material changes in the Contractor’s business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor’s business status or structure that could affect the performance of the Contractor’s duties under the Agreement.

(15) If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void.

(16) Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem.

5. Disclosure

Neither the State nor any State employee will be liable to the Contractor or its personnel for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any inmate or parolee which indicates violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

6. Security Clearance/Fingerprinting

The State reserves the right to conduct fingerprinting and/or security clearance through the California Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor’s employees’ access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

7. Notification of Personnel Changes

Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

8. Non-Eligible Alien Certification

By signing this Agreement Contractor certifies, under penalty of perjury, that Contractor, if a sole proprietor, is not a nonqualified alien as that term is defined by the United States Code (U.S.C.) Title 8, Chapter 14, Section 1621 et seq.

9. Disabled Veteran Business Enterprise (DVBE)

The awarded Contractor agrees to comply with the requirements set forth in the Military and Veterans Codes 999.7 and 999.9.

The following provisions apply to services provided on departmental and/or institution grounds:

10. Bloodborne Pathogens

Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to bloodborne pathogens.

11. Tuberculosis (TB) Testing

Contractors and their employees shall be required to furnish to CDCR, at no cost to CDCR, a form CDCR 7354, “TB Infectious Free Staff Certification,” prior to assuming their contracted duties and annually thereafter, showing that the Contractor and their employees have been examined and found free of TB in an infectious stage. The form CDCR 7354 will be provided by CDCR upon Contractor’s request.

12. Primary Laws, Rules, & Regulations Regarding Association with Inmates

Individuals who are not CDCR employees, but who are working in and around inmates who are incarcerated within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates.

By signing this Contract, the Contractor agrees that if the provisions of the Contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates:

A. Persons who are not employed by CDCR, but are engaged in work at any institution/ facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps. SOURCE: California Penal Code (PC) Sections 5054 and 5058; CCR, Title 15, Sections 3283, 3285, 3289, 3292 and 3415

B. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison inmates, visitors, non-employees & employees shall be made aware of this. SOURCE:PC Sections 5054 and 5058; CCR, Title 15, Section

C. All persons entering onto institution/facility or camp grounds consent to a search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property or vehicle may be cause for denial of access to the premises or restrictions to visiting or facility access. SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3267, 3288, 3289, and 3292

D. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Secretary, Director of Division of Adult Institutions (DAI), Warden, Regional Parole Administrator and/or their designees. SOURCE: PC Sections 2086, 5054 and 5058; CCR, Title 15, Sections 3283 and 3289

E. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR institutions/facilities or camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so.

Failure to comply with this provision could lead to prosecution. SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173, 3283 and 3289

F. Encouraging and/or assisting prison inmates to escape is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, wireless communication devices or components thereof, tobacco products, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. SOURCE: PC Sections 2772, 2790, 4535, 4550, 4573, 4573.5, 4573.6, 4574, 4576 and 5030.1; CCR, Title 15, Sections, 3172.1, 3188 and 3292

G. It is illegal to give or take letters from prison inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates. SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424 and 3425

H. In an emergency situation the visiting program and other inmate program activities may be suspended by the Warden or designee. SOURCE: PC Sections 2086 and 2601; CCR, Title 15, Section 3383

I. For security reasons, volunteers, media, contractors, dignitaries and guests must not wear clothing that in any way resembles state issued prison inmate clothing (blue denim shirts, blue denim pants). SOURCE: CCR, Title 15, Sections 3174 and 3349.2.3(g) (3) (B)

J. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. SOURCE: CCR, Title 15, Section 3261.5

12. Clothing Restrictions

While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/ white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. The Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.

13. Tobacco-Free Environment

Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the CDCR is prohibited.

14. Security Regulations

A. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds.

B. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise.

C. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire.

D. Due to security procedures, the Contractor, Contractor’s employees & subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in & out of the institution gates and sally ports shall be borne by the Contractor.

E. Contractor, Contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities.

F. Electronic and communicative devices such as pagers, cell phones and cameras/ microcameras are not permitted on institution grounds.

G. Contractor, Contractor’s employees and subcontractors shall not cause undue interference with the operations of the institution.

H. No picketing is allowed on State property.

15. Prison Rape Elimination Policy

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/ prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim. CDCR shall maintain a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

As a Contractor with CDCR, you and your employee(s) are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

16. Gate Clearance

Contractor and Contractor’s employee(s) and/or subcontractors(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering a facility a minimum of ten working days prior to commencement of service. The Request for Gate Clearance must include the person’s name, social security number, valid state driver’s license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include a California Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual’s presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity. All persons entering the facilities must have a valid state driver’s license or photo identification card on their person.

17. Electronic Waste Recycling

The Provider certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Provider shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. CCHCS electronic data stored upon any Provider device must be returned to the CCHCS immediately and the Contractor must certify that CCHCS data is either removed from the Providers devices by degaussing or shredding per National Institute of Standards and Technology (NIST) Special Publication Series 800-88 and National Industrial Security Program (NISP) Operating Manual (DOD 5220.22-M) and Clearing and Sanitization Matrix (C&SM) based on NSA/CSS Policy Manual 9-12, “Storage Device Declassification Manual”.

VI.

Exhibit E

Insurance Requirements

CCHCS will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

A. Commercial General Liability – When Contractor submits a signed Contract to the

State, Contractor shall furnish to the State a certificate of insurance, stating that there is commercial general liability insurance presently in effect for the Contractor of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined.

The certificate of insurance will include provisions below in their entirety:

i. Contractor is responsible to notify the State within five business days of any cancellation, non-renewal or material change that affects required insurance coverage.

ii. That the State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the State of California under the Contract.

iii. The additional insured endorsement must accompany the certificate of insurance.

iv. That the State will not be responsible for any premiums or assessment on the policy.

Contractor agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this Contract. In the event said insurance coverage expires at any time or times during the term of this Contract, Contractor agrees to provide, within at least five business days, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Contract, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval.

In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.

B. Automobile Liability Insurance – The Contractor shall furnish to the State a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor for not less than $1,000,000.00 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. For contracted services involving transportation of hazardous materials, evidence of an MCS-90 endorsement is required.

C. Worker’s Compensation Insurance – The Contractor shall furnish to the State a certificate of insurance evidencing workers compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000.00 by an insurance carrier licensed to write Workers’ Compensation Insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

D. Special Requirement: Professional Liability (Errors and Omissions) Insurance – Contractor shall maintain Professional Liability insurance covering any damages caused by an error, omission or any negligent acts. Limits of not less than $1,000,000.00 shall be provided.

VII.

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 California Civil Rights Laws, DGS OLS 04

Attachment 5 Darfur Contracting Act Certification, DGS PD 1

Attachment 6 Generative Artificial Intelligence (GenAI)…