RFO_SD24-00019_-_X-Ray_Equipment_(CTF).Addendum_2.docx

REQUEST FOR OFFER (RFO) SD24-00019

Addendum 2 (01/27/2025)

Addendum 1 Changes the following:

1. Section 2 Key Action Dates

a. Updates Dates for:

i. Last day to Submit Questions

1. February 3, 2025

ii. CCHCS Response to Questions

1. February 4, 2025

iii. Mandatory Site Walkthrough

1. January 31, 2025, at 10:00 AM, PST

iv. Final Date to Submit an RFO Package

1. February 7, 2025

2. Exhibit A-1 Mandatory Walk-through Site Visit

a. Adds an additional date and time for a Mandatory Site Walkthrough

i. January 31, 2025, at 10:00 AM, PST

3. Table of Contents

a. Added to line Exhibit F – HIPAA Business Associate Agreement ”(see separate attachment)”

4. Exhibit F – HIPAA BUSINESS ASSOCIATE AGREEMENT

a. Updated the link:

i. https://cchcs.ca.gov/wp-content/uploads/sites/60/FINAL-HIPAA-Business-Associate-Agreement-10-03-2023-ADA-accessible.pdf

January 17, 2025

You are invited to review and respond to the California Department of Corrections and Rehabilitation (CDCR) California Correctional Health Care Services (CCHCS) Request for Offer (RFO) # SD24-00019 for X-Ray equipment replacement and maintenance services for the Correctional Training Facility (CTF).

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 February 15, 2025, or upon approval by CCHCS, whichever is later (referred to herein as the “Effective Date”) through June 30, 2025. 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: Jonathan Raitt Phone: 916-691-5766 Email: Jonathan.Raitt@cdcr.ca.gov

Table of Contents

RFO # SD24-00019

California Correctional Health Care Services

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 Jonathan.Raitt@cdcr.ca.gov. The email subject must start with “RFO SD24-00019”. 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:

All questions regarding the content of this RFO should be submitted in writing electronically to CCHCSITContracts@cdcr.ca.gov. To be considered, questions must be received by (January 24, 2025 February 3, 2025). Questions not submitted as required may not be addressed

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:

· EXHIBIT C – CCHCS Special Provisions

By responding to RFO SD24-00019, 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. 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 B-1

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.

5. 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.

6. 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

7. 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

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

1. Scope of Work, Exhibit A

2. Cost Worksheet, Exhibit B-1

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. Payee Data Record, STD. 204, and Supplement Payee Data Record, STD. 205, Attachment 4

7. Iran Contracting Act Verification Form, Attachment 5

8. California Civil Rights Laws, DGS OLS 04, Attachment 6

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

10. Generative Artificial Intelligence (GenAI) Disclosure and Factsheet, STD. 1000, Attachment 8 Pass/Fail

Desirable Qualifications California Certified Small Business (SB) Prime Contractor and/or Disabled Veteran Business Enterprise Contractor

(DVBE)

Score Based (5%) 5 Points

Exhibit A - SCOPE Of WORK

1. BACKGROUND/GENERAL SCOPE

The California Correctional Health Care Services (CCHCS) is responsible for providing health care that includes medical, dental, and mental health services, to California’s prison inmate population within 31 adult institutions in California.

Medical Imaging under Medical Services within CCHCS provides radiology services, including on-site general radiography exams, mammography exams at both women’s institutions, mobile exams (MRI, CT, and Ultrasound), and off-site specialty exams. X-ray equipment at multiple Institutions is aging and in need of replacement.

Contractor will replace current X-ray system with a Digital X-Ray System ("System ") and turnkey installation at Correctional Training Facility (CTF). The System shall include a one-year service and maintenance agreement, provide training, and be Food and Drug Administration (FDA) approved. Descriptions herein are the minimum System requirements to be provided by the Contractor, which, when properly configured and installed, shall utilize the source of ionized radiation to obtain diagnostic radiographs in the medical treatment plan for the CDCR patient- inmate population. Solution should provide CCHCS with future options to buy a maintenance and support plan that covers the entire solution without having to go through multiple vendors to cover multiple components.

2. PERIOD OF PERFORMANCE

The awarded Contractor must be available to commence the services outlined no later than 10 days from contract award.

The term of the ensuing Agreement will be February 15, 2025, or upon approval, whichever is later, through June 30, 2025.

The contractor shall not be authorized to deliver or commence performance of services as described in the contract until written approval has been obtained from all entities. Any delivery or performance of service commenced prior to the contractor obtaining the approved Agreement shall be considered voluntary on the part of the contractor.

3. TERMINATION

Termination for the Convenience of the State. The state may terminate performance of work under this Agreement for its convenience in whole or, from time to time, in part, if the CCHCS determines that a termination is in the state’s interest.

4. WORK LOCATION

Services shall be performed at:

Correctional Training Facility (CTF) Soledad Prison Road Soledad, CA 93960

Proper identification shall be required for entrance into the institution. CCHCS/CDCR Point of Contact (POC) shall be contacted 48 hours prior to delivery to coordinate. Pursuant to Labor Code, Section 6390, the Contractor shall agree to provide a Material Safety Data Sheet, if applicable, at the time of delivery and Installation. The awarded vendor MUST allow two weeks for processing and approval of gate clearances.

5. EQUIPMENT REMOVAL/INSTALLATION

The purpose of this section is to understand the costs associated with services required for the removal of existing equipment and turnkey installation and implementation of the Contractor's proposed System. Elements of these services shall also include, but are not limited to, project management and onsite installation and planning meetings (e.g. Project Kick-Off and Acceptance Testing meetings).

Contractor shall delineate the project role for each employee(s) and include an itemized quote for the services provided by Contractor’s staff or outsourced to third vendors (i.e., subcontractor). Room construction and installation services shall include, but are not limited to, the following minimum requirements:

1. Contractor shall uninstall existing equipment safely following Original Equipment Manufacturer (OEM) guidelines and industry best practices. Equipment slated for removal can be found on Exhibit A-1.

2. Any disposal certification requirements for X-ray tube and/or components must be provided to CCHCS prior to payment of Deliverable 1.

3. Contractor shall provide OEM certified engineers for the installation of the System to ensure that OEM specification are met for safety and functionality;

4. The System shall be installed to meet Federal and State regulations, ensure operator's safety, full functionality as intended by the OEM, and pass Physicist inspection;

5. Contractor's bid shall provide room construction and equipment installation schedules to include System order lead times, project duration, and milestones;

6. All packaged equipment and material for the X-ray system shall be delivered and unpacked at the work site. Disposal, removal and cleanup of all packing material shall be included as part of the installation requirement. Disposal and removal includes removing all packing and shipping material and debris associated with delivery and installation of the equipment. Clean up requires leaving the installation site in a condition as it was prior to the delivery and installation of the X-ray System.

7. Installation shall comply with California Occupational Safety and Health Administration (OSHA) regulations. All equipment shall be mounted for seismic conditions in accordance to the Uniform Building Code, Title 22 Seismic Safety Commission Regulations and all applicable codes.

8. Electrical work shall be installed in accordance to the latest copy of the National Electrical Code currently in publication at the time of bid. The Contractor shall comply with applicable Federal and State laws, orders and regulations concerning the installation of the equipment.

9. Contractor's bid shall provide a room layout and elevations drawings depicting the intended System and all components (i.e., generators) to illustrate working space and general position within the available space.

6. HARDWARE REQUIREMENTS

Digital X-Ray System, complete, to include but not limited to:

1. Mounted Assembly

a. Overhead assembly;

i. Ceiling-mount with UNISTRUT or equivalent; or

b. Floor assembly:

i. Floor mounted system

c. Minimum tube angulations -It 180 degrees (detent 90 degrees);

d. Minimum tube rotations -/+ 120 degrees;

e. Vertical travel enough to perform weight bearing knees using chest Bucky;

f. X-ray Tube:

i. Small (0.6mm) and Large (1.2mm) focal spot;

ii. Cast rotating anode assembly; and

iii. High load capacity.

g. Tube Collimator:

i. Manual and automatic collimator;

ii. Rectangular shutters;

iii. Laser center light;

iv. Metric and inch scale;

v. Customer changeable collimator bulb;

vi. Visible display of SID, angle, area of collimation;

vii. Lock release: free movement and restricted;

viii. Rotation +/-180 degrees or 360 degrees;

ix. Detent at 90 degrees;

x. Cross hair centering light; and

xi. Equipped with Positive Beam Limitation (PBL).

2. Table:

a. A minimum of 500lb weight capacity;

b. Oscillating Bucky with grid;

c. Equipped for vertical travel;

d. 4-way direction floating table top;

e. Side control buttons or foot controls for movement;

f. Anti-collision sensors;

g. Automatic Exposure Control (AEC);

h. Accept all cassette film sizes in Bucky;

i. Cassette size sensor for auto collimation;

j. Automatic exposure termination;

k. Minimum 10:1 grid;

I. Emergency table stop;

m. Longitudinal Travel of ~32"; and

n. Transverse Travel of ~1O".

3. Vertical Bucky (Chest Stand) - Tilting:

a. Minimum 10:1 grid;

b. Lock control - electromagnetic;

c. Motorized oscillating Bucky grid;

d. Accepts all cassette film sizes;

e. Automatic collimation to cassette film size;

f. Automatic exposure termination;

g. Automatic Exposure Control (AEC);

h. Cross hair centering light;

i. Wall-mounted anchoring;

j. Either side cassette loading; and

k. Built-in overhead hand grips support.

4. Generator:

a. 3-phase generator, Not greater than 240VAC;

b. Minimum kV Range (40kVp-150kVp);

c. Minimum mA range (10 mA -1000 mA);

d. Minimum mAs range (.5 mAs -600 mAs);

e. Minimum time range (.001 -6 seconds); and

f. Tube-overload protection.

5. Control Panel:

a. Anatomical control program with morphology settings;

i. PA, Lat, Oblique, Decubitus view settings

b. Manual technique option for mA, time, and kVp;

c. mA, kVp, time, mAs display;

d. Wall or pedestal mountable;

e. Focal spot size choice;

f. AEC settings -auto and manual override;

g. Tube warm-up notification system;

h. Receptor choice settings;

i. Wall Bucky, table top, table Bucky;

j. Program choices are available in plain English; and

k. Error message display available in plain English.

6. Digital DR Complete System:

a. Digital DR Wireless Access Point 802.11n;

b. One Wireless (17x17) DR Detector;

c. One Wireless (14x17) DR Detector;

d. Greyscale 16 bits per pixel. Pixel pitch 150um or better;

e. Minimum 100 image storage capability on the DR Detector internal memory;

f. DR Detector must fit into Bucky trays and be adjustable to fit DR plates;

g. DR Detector must be IP3 rating or better;

h. Maximum DR Plate not to exceed 8.5 lbs.; and

i. Digital DR Panel Battery (Qty. 4 each).

7. Accessories:

a. Cross table cassette and grid holder.

7. SOFTWARE REQUIREMENTS

1. IHE compliant - scheduled workflow;

2. Modality Performed Procedure Step (MPPS) Compliant;

3. Ability to send User ID or code in message, technical factors, images taken and images deleted;

4. Ability to send AE Title in place of Station Name or computer name;

5. Modality Worklist (MWL) suite;

6. Advanced image enhancement algorithms: software based scatter reduction capability;

7. Auto black masking background;

8. Quality Control (QC) options: Sensitivity, Latitude, Density, Contrast, Reprocessing capabilities;

9. DICOM Functions: DICOM send, DICOM Query/Retrieve (C-Find, C-Move), DICOM Modality worklist, Storage Commit (C-Store), DICOM Print (full size or magnified view), Set custom AE Title, maintain minimum of 5 concurrent DICOM connections, Perform CEcho;

10. Body part assigned protocols - mapped to RIS procedure descriptions;

11. Ability to add new patient and/or edit patient demographics prior to DICOM send/store;

12. Image manipulation functions: Move images from one patient to another, annotate image (free text), annotation markers, reset image as acquired, window/level image, magnify image, crop image, pan image, invert image;

13. Ability to send raw or pre-processed data to CCHCS PACS system via a DICOM connection;

14. Ability to manage exam queue's on the acquisition workstation;

15. Workstation must have a CD/DVD-RW drive;

16. DICOM image viewing and CD/DVD burning software;

17. Quality Assurance (QA)/ QC software;

18. Repeat analysis tracking and reporting in a standard excel or pdf format; and

19. Uninterrupted Power Supply (UPS) backup.

8. INFECTION PREVENTION & CONTROL

Equipment/reusable product must be suitable to undergo rigorous cleaning/disinfection and/or sterilization processes according to hospital policies on Reprocessing of Patient Care Equipment. All surfaces that could come in contact with patients and/or the hands of health care workers hands must be able to be cleaned and/or undergo reprocessing.

Contractor response must identify the manufacturers recommended product(s) for cleaning.

At delivery of equipment/reusable products for evaluation or purchase, the Contractor must provide clear manufacturer’s recommended reprocessing instructions for each item.

9. RECOMMENDED OPERATING ENVIRONMENT

Contractor does not manage or control the underlying infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited user-specific application configuration settings. This definition is based on and consistent with National Institute of Standards and Technology (NIST) Special Publication 800-145.

Following Final Acceptance, during the Warranty Period and the Post Warranty Support Team, if any, all solutions will be interoperable with all CCHCS systems and all other systems under this Agreement, including the Software, Documentation and Maintenance and Support Services. The solution shall:

Without limiting Licensee’s or Customer’s rights and remedies available under contract, at law or in equity, any system or other component of the Solution that does not confirm to this warranty shall be subject to the specific remedies and indemnities provided within this solicitation;

Contractor will keep the system, including any Licensed Software, performing at all times in conformity with the Documentation and the applicable Requirements, including the Security Requirements, and ensure that the solution including any Licensed Software , is compatible with, and properly operates in, the Recommended Operating Environment and that all operating systems are compatible with the current industry operating system standards. Upon release of the end-of-life date, contractor must upgrade the solution to the current operating system within one year of the End-of-Life notification.

10. ADDITIONAL NETWORK REQUIREMENTS

1. Solutions must not require major changes to the information technology infrastructure or procedures.

2. Any proposed workstations and servers must be managed by the corporate antivirus and patch management solutions or the solution provider must demonstrate that this functionality is included and operational in their proposed solution.

3. Solution must not require administrative privileges on PC for day-to-day usage.

4. Solution provider must provide details on the function and configuration of these controls.

5. If solution provider requires remote access for support, this must be through our provincial VPN solution or Proponent must demonstrate a secure alternative.

6. Solution provider must provide details and knowledge transfer regarding installation procedures, data storage, security, backup and system management.

7. Permanent storage of CCHCS data is not permitted on open access devices.

8. The solution provider will engage Information Systems staff to make changes to PC hardware or software.

9. The solution provider will provide for each software component a complete set of documentation for users and administrators. The documentation can be printed, on removable media, or downloadable.

10. Software shall be appropriately licensed.

11. Documentation for the licensing of this software must be provided.

12. Solution must include features that enable full compliance with all HIPAA, PHI and PII Security and Privacy requirements and must include method to securely erase CCHCS data before removal from our facilities.

13. Host names must comply with DHA naming standards.

14. Solution must fully support IPv4 for network communications.

15. Solutions proposing wireless networking using IEEE 802.11 standards should be Wi-Fi Alliance certified and configurable to avoid interference with existing systems.

16. Solutions requiring a web browser should support Microsoft Internet Explorer

17. Product information/cut sheets.

18. Complete list of materials including quantity, description, brand and model.

19. X-ray equipment must connect to CCHCS network and be able to transmit and receive information from medical imaging systems.

11. ACCEPTANCE TESTING

1. Physicist inspection/testing shall be furnished by CCHCS, following the installation to ensure that the System and all components meet Federal and State of California regulatory requirements. Physicist shall be a third-party and not be affiliated with the Contractor.

2. Contractor is to provide certification that the equipment is operating within OEM guidelines.

3. Completion of the Acceptance Testing for all goods and services listed within the Statement of Work. Acceptance Testing shall be reviewed and signed by CCHCS institution representative and the Contractor prior to final payment.

13. DOCUMENTATION

The following documentation will be provided at delivery of equipment.

Two service manuals for each piece of equipment in this system and all major components. The manuals will be a complete set, identical to those provided to the Contractor’s own technical support personnel and will contain the following:

1. Mechanical and electronic schematics;

2. Electronic component layouts;

3. Mechanical component breakdown;

4. Complete electronic, electrical, and mechanical parts list;

5. Calibration procedures;

6. Troubleshooting procedures;

7. Equipment specifications;

8. System wiring diagrams and circuits descriptions; and

9. Complete error code listing with interpretation;

10. Two Operators’ Manuals;

11. Two Operator Reference Cards and/or charts.

14. TRAINING

The purpose of this section is to understand the supplemental vendor Training Program fees throughout and after this procurement. The training audience shall include Radiologic Technologists and supporting imaging staff within the institutions. CCHCS seeks the costs of onsite training that follows the initial equipment install, in addition to the supplemental training required during major equipment component upgrades.

Contractor training programs include the following minimum requirements: dilemma Trainer who has been certified by the OEM with documentation to show they are a certified trainer for the machine and the services outlined herein.

Following the initial installation and acceptance testing there will be a minimum of two 8-hour days of imaging staff onsite training of the System and all components and System application. One additional day of training may be required by CCHCS as a follow-up training and will be requested at CCHCS’s discretion.

1. On-site training to Technologists/staff; and

2. System Application Training for Operators; and

3. Follow-up training visit to review any outstanding application issues at a later date; and

4. Media based training or other multimedia material and company educational courses shall be made available to train users on system updates or other features for the duration of the resulting contract.

System training shall include no less than the following:

1. Application training; and

2. Emergency shutdown procedures; and

3. Proprietary QA/QC testing procedures; and

4. System administrative configuration procedures; and

5. If applicable, any training associated with proprietary Service Repair call systems.

NOTE: All applicable costs for training and travel expenses will be the sole responsibility of the Vendor.

15. WARRANTY

It should be understood that the warranty period shall not begin until the equipment/system is approved by the Clinical User at the respective site. Indicate the warranty period for this equipment/system, as well as, all of its components. Include details on exclusions or limitations.

For the duration of the warranty period the equipment shall be maintained by the Contractor at a level satisfactory to CCHCS.

The final preventative maintenance check during the warranty period will provide a complete inspection of the equipment. At this time, the equipment will meet the original specifications at the time of the installation.

Use (including derivative rights) of the software, technology or otherwise, that is required to provide all related materials and services as set forth in the ensuing Contract, without violating any rights of any third party, and there is currently no actual or threatened suit by any such third party based on an alleged violation of such third-party rights by Contractor.

In addition, the Contractor further warrants that the Contractor servers have a guaranteed uptime of 98.9% (which includes all scheduled maintenance throughout the year) and for so long as CCHCS shall pay the fees described in this Contract (a) the system will be materially free of errors, and (b) Contractor will provide the Professional Services in a professional and workmanlike manner consistent with the highest industry standards. The Contractor further warrants, during the term of the ensuing Contract, that (a) the Contractor servers will be free of any Harmful Code (as defined below), and (b) Contractor will not interfere with or disrupt CCHCS or the CCHCS’ use of the system. For purposes of the ensuing Contract, the term “Harmful Code” means any software code with the ability to damage, interfere with, or adversely affect computer programs, data files, or hardware without the consent or intent of the computer user. This definition includes, but is not limited to, self-replacing and self-propagating programming instructions commonly called “viruses,” “Trojan horses” and “worms.” The Contractor agrees to implement reasonable procedures adequate to prevent any software, link or code provided to CCHCS hereunder from being contaminated with Harmful Code. If the Contractor learns of or suspects the existence of any Harmful Code, the Contractor will immediately notify CCHCS and make every effort to remove the Harmful Code.

16. SERVICE AND MAINTENANCE

Along with all hardware and software system requirements, Contractor must also include all service repairs and preventive maintenance to maintain the optimal level of performance for the System. The service and maintenance requirements listed within shall apply to all core and peripheral components of the System (e.g. software, hardware, etc.). Contractor’s Services shall include, but not limited to, all of the following:

1. Following initial install, a minimum one-year warranty of equipment (including all parts and DR panel) which covers all hardware, software components and service maintenance, labor, and travel.

2. Service and Maintenance agreement shall also include: all parts with labor required for System repairs, System configuration requests, software updates, System component relocations, and any other requests associated with System performance.

3. Service and Maintenance of the System shall be completed by an Original Equipment Manufacturer (OEM) certified engineer(s) authorized to service, repair, configure, and maintain the proposed System.

4. Contractor shall have a minimum of one OEM certified engineers on staff and provide a copy of certification(s) with the bid;

5. Contractor shall provide yearly maintenance to comply with the manufacturers recommended service schedule for the length of the ensuing contract;

6. Contractor shall quote a maintenance schedule for continued maintenance after the term of the contract;

7. Contractor shall provide a hard copy and digital copy, if available, of the original OEM System manuals, software CD/DVDs, schematic drawings, and any additional OEM documents;

8. Contractor shall provide scheduled maintenance for all components of the System (e.g. software, hardware, etc.) according to the requirements listed by the OEM;

9. For all equipment and peripheral devices that are offline or out of order, an onsite Service Repair (SR) examinations shall be required by Contractor within 24-hours of the initial SR call request;

10. Common replacements parts shall be stocked by Contractor to allow 24-hour response to common repairs. Contractor shall provide a copy of the parts inventory with the submitted bid;

11. Contractor shall provide telephone number(s) that are active and staffed 24 hours a day, 365 days per year for Service Requests (SR) calls initiated by CCHCS staff;

12. Contractor shall respond to SR calls within two hours of initiated call;

13. SR calls for malfunctioning system that is unable to be fixed by contractor via phone, Contractor shall provide an on-site technician within 24 hours to fix or replace;

14. SR calls for malfunctioning or broken plates, Contractor shall provide an on-site technician within 24 hours to fix or replace;

15. Contractor shall provide proof of a QA program for tracking and auditing all SR calls initiated by CCHCS staff;

16. Contractor shall provide a quarterly report to the contract manager of SR calls initiated by CCHCS staff.

17. TECHNICAL SUPPORT

The Contractor will provide a toll free technical support number that is available 24 hours per day, 7 days per week including Contractor holidays. The Contractor must provide response times as follows (CCHCS will determine the level of severity):

18. CONTRACTOR RESPONSIBILITIES

19. CCHCS RESPONSIBLITIES

1. CCHCS will designate a Project Manager to serve as the single point-of-contact for project management purposes.

2. CCHCS is responsible for making available necessary information, data, and documentation in order to facilitate the awarded Contractor’s completion of work and will provide additional assistance and services as needed (and mutually agreed upon).

3. CCHCS will provide the awarded Contractor’s designated personnel with access to CCHCS/CDCR facilities as required to meet the training requirements.

20. DATA HANDLING AND OWNERSHIP

All data created in the system by CCHCS, or users authorized by CCHCS is the property of CCHCS. All source code created by the Contractor is the property of the Contractor.

21. CONFIDENTIALTY

All financial, statistical, personal, technical and other data and information relating to CCHCS’ operation which are designated confidential by CCHCS and made available to the Contractor in order to carry out the ensuing Contract, or which become available to the Contractor in carrying out the ensuing Contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to CCHCS. The identification of all such confidential data and information as well as CCHCS’ procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by CCHCS in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by CCHCS to be adequate for the protection of CCHCS’ confidential information, such methods and procedures may be used, with the written consent of CCHCS, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of the ensuing Contract, or is rightfully obtained from third parties. Any data or information, which CCHCS identifies to the Contractor to be confidential, will be treated in the following manner:

· Any employee, agent or representative of the Contractor whose duties require access to such data or information, or to any equipment or device which contains such data or information, will first sign a Confidentiality Statement prior to Contract award.

When the Contractor exercises the option to replace defective parts of any equipment or device containing confidential data, the Contractor will certify to CCHCS that all such data contained therein has been destroyed and is no longer readable. Any hard copy printouts created during testing or servicing of equipment or devices, which disclose any CCHCS information will be destroyed by the Contractor in accordance with Internal Revenue Service specifications or will be given to CCHCS for proper disposal.

22. DELIVERABLES

Deliverables are outlined in Exhibit B-1 – Cost Sheet and subject to payment withholds identified in Exhibit B – Budget Detail and Payment Provisions.

23. DELIVERABLE ACCEPTANCE / REJECTION PROCESS

The CCHCS Project Manager will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of the Scope of Services.

1. A Deliverable Acceptance Document (DAD), Attachment 12, must be submitted for each completed deliverable/service to the CCHCS Project Manager or designee for approval. The Project Manager or designee has ten (10) business days or an otherwise mutually agreed upon number of working days following the receipt of each deliverable or service to approve or notify the Contractor of acceptance problems.

2. If the Deliverable provided by Contractor is acceptable to the Project Manager, or designee, CCHCS shall notify Contractor by returning the approved and signed DAD.

3. Payment for tasks performed under the ensuing Contract shall be made in arrears upon successful completion of each DAD. Signed acceptance is required from the CCHCS Project Manager, before processing an invoice for payment via a DAD.

4. Should the work performed, or the products produced by the Contractor fail to meet minimum conditions, requirements or other applicable standards, specifications, or guidelines, the following resolution process will be employed:

a. The CCHCS Project Manager will notify the Contractor in writing within ten (10) business days after completion of each phase of service of any acceptance problems by identifying the specific inadequacies and/or failures in the services performed and/or the products produced by the Contractor.

b. The Contractor will, within five business days after initial problem notification, respond to CCHCS Project Manager by submitting a detailed explanation describing precisely how the identified services and/or products actually adhere to and satisfy all applicable requirements, and/or a proposed corrective action plan to address the specific inadequacies and/or failures in the identified services and/or products. Failure by the Contractor to respond to the CCHCS’ initial problem notification within the required time limits may result in immediate contract termination. In the event of such termination, the CCHCS shall pay all amounts due to the Contractor for all work accepted prior to termination.

c. CCHCS will, within five business days after receipt of the Contractor’s detailed explanation and/or proposed corrective action plan, notify the Contractor in writing whether it accepts or rejects the explanation and/or plan. If the CCHCS rejects the explanation and/or plan, the Contractor will submit a revised corrective action plan within three business days of notification of rejection. Failure by the Contractor to respond to the CCHCS’ notification of rejection by submitting a revised corrective action plan within the required time limits may result in immediate contract termination. In the event of such termination, the CCHCS shall pay all amounts due to the Contractor for all work accepted prior to termination.

d. CCHCS will, within three business days of receipt of the revised corrective action plan, notify the Contractor in writing whether it accepts or rejects the revised corrective action plan proposed by the Contractor. Rejection of the revised corrective action plan will result in immediate contract termination. In the event of such termination, the CCHCS shall pay all amounts due to the Contractor for all work accepted prior to termination.

All documents, analyses, reports, recommendations, white papers, and/or diagrams will be submitted to CCHCS' Project Manager, or designee, and produced using the following Microsoft Office products: Word; PowerPoint; Visio; Excel and Outlook.

24. PROBLEM ESCALATION

The parties acknowledge and agree that certain technical and/or project-related problems or issues may arise, and that such matters shall be brought to the CCHCS’s attention. Problems or issues shall normally be reported in regular status reports or in-person meetings. However, there may be instances where the severity of the problem justifies escalated reporting. To this extent, the CCHCS Contract Manager in charge shall determine the level of severity, and notify the appropriate CCHCS personnel. The CCHCS personnel notified, and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue. The CCHCS personnel include, but are not limited to, the following:

· First level, the CCHCS Contract Manager

· Second level, the CCHCS Deputy Director

25. AMENDMENTS

Contract shall allow amendments for time and/or money and/or any changes directly related to the Scope of Work outlined herein. The period of performance must be changed by a written Amendment to the Agreement, if the department exercises its option to extend services.

26. UNANTICIPATED TASKS

The Agreement value may include up to 10 percent of the total Agreement amount (excluding travel) for unanticipated tasks. These funds may be used at the State’s discretion. Unanticipated tasks will be contracted for on an as-needed basis and shall be optional throughout the term of the Agreement. Work for unanticipated tasks will be assigned and agreed to in writing by the Contractor and the state via a work authorization before the work can commence. Total expenditures for unanticipated tasks shall not exceed the total amount set aside for unanticipated tasks.

27. EVALUATION OF CONTRACTOR

The CCHCS Contract Manager, or designee, will complete a written evaluation of the Contractor’s performance for all contracts $500,000 or more and related to an IT project following the contract term end date. The evaluation shall be prepared on the Post Evaluation for IT Services Contract (STD 971) and a copy will be sent to the California Department of Technology (CDT). CCHCS will have the option to perform this evaluation for any IT Service contract regardless of dollar value or relation to an IT Project.

27. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 days to provide a written response. Termination shall be at the sole discretion of the State.

28. 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.

29. Generative Artificial Intelligence (GenAI) Notification Clause and Disclosure 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.

30. Primary Contacts The technical representative during the term of this Agreement will be:

California Correctional Health Care Services

Attn:

Attn:

E-mail:

E-mail:

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