RFP__24-20022-000_Commissary_Services.pdf

Department of State Hospitals RFP Number: 24-20022-000 Metropolitan Commissary Services

REQUEST FOR PROPOSAL (RFP) - SECONDARY

Notice to Prospective Proposers

RFP Number: 24-20022-000

"Commissary Services"

August 30, 2024

You are invited to review and respond to this Department of State Hospitals – Metropolitan (DSH-M) solicitation. The DSH is seeking proposals for a contractor to perform Commissary Services.

In submitting a proposal, Proposers agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a Proposer’s proposal. By submitting a response, Proposers agree to the terms and conditions stated in this solicitation and any resulting agreement.

All agreements entered into with the State of California will include by reference the state’s General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at:

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

This solicitation is published at the Cal e-Procure website at:

https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued and answers to questions received, you must register online at https://caleprocure.ca.gov/pages/.

The DSH encourages potential proposers to read this entire document thoroughly and carefully.

Revision 08/18/2022

TABLE OF CONTENTS

I. GENERAL INFORMATION

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

C. Generative Artificial Intelligence (GenAI):

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign:

D. California Sellers Permit:

III. PROPOSAL REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. MANDATORY Proposers’ Conference:

C. Proposer’s Questions:

D. Submission of Proposals:

IV. PROPOSAL EVALUATION AND AWARD

A. Review of Proposal Requirements:

B. False Statements Disclaimer:

C. Intention to Award:

D. Breaking Tie Proposals:

E. Award and Protest:

F. Disposition of Proposals:

G. Tax Delinquency Disclaimer:

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

B. Disabled Veteran Business Enterprise Program and Incentive:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

i. Attachment 1 – Proposal Submission Checklist

ii. Attachment 2 – Proposer’s Certification

iii. Attachment 3 – Minimum Qualifications Response

iv. Attachment 4 – Proposer’s Letters of Reference

v. Attachment 5 – Proposer’s Rate Sheet

vi. Attachment 6 – Insurance Certifications

vii. Attachment 7 – Darfur Contracting Act Certification

viii. Attachment 8 – Technical Proposal Cover Sheet

ix. Attachment 9 – Proposer Declaration Form (GSPD-05-105) ................................ (web) 41

x. Attachment 10 – Generative Artificial Intelligence (GenAI) Form (Std. 1000) ....... (web) 41

xi. Attachment 11 – Contractor Certification Clauses (CCC 04/2017) ........................ (web) 41

xii. Attachment 12 – Payee Data Record (Std. 204) ................................................... (web) 41

xiii. Attachment 13 – DVBE Declaration Record (Std. 843) ......................................... (web) 41

xiv. Attachment 14 – California Civil Rights Certification ............................................. (web) 41

xv. Attachment 15 – Sample Agreement (Std. 213 and Exhibits)

I. GENERAL INFORMATION

A. Description of Services/Background

1. The Department of State Hospitals – Metropolitan (DSH-M) is seeking a qualified company to provide Commissary Services to DSH-M patients pursuant to Welfare and Institution Code (WIC) Section 4314 and Government Code (GC) Section 11013, and in accordance with Exhibit A – Scope of Work (SOW) (Attachment 14 – Sample Agreement) of this Request for Proposal (RFP), including but not limited to:

a. Establishes policies and procedures which enhance the food service operation and ensures compliance with applicable laws and regulations.

b. Provides quality commissary service options for all DSH-M patients in a professional manner.

c. Establishes and maintains control over all aspects of the commissary service operation.

d. Analyzes and develops operational plan to meet all requirements contained within the

Scope of Work.

e. Works closely with the DSH-M Contract Manager, or designee, to deal swiftly and effectively with any issues that arise.

f. When suitable, and no significant decline in sales or increase in costs to Contractor shall be incurred, Contractor shall work closely with DSH-M Contract Manager, or designee, and Nutrition Services staff to assess current and future food related needs to incorporate the facilities Healthy Nutrition Guidelines, planning and implementing strategies to meet those needs within the first twelve (12) months of service.

g. Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, insurance, personnel and any other items necessary to provide Commissary Services for DSH-M.

2. As of September 1, 2020, DSH-M consists of two (2) site locations: (1) 11401 S. Bloomfield

Avenue, Norwalk, CA 90650; & (2) 13200 Bloomfield Avenue. The Alternate Care Site (ACS) is a temporary DSH facility located within the Southern California Youth Correctional Reception Center at 13200 Bloomfield Avenue. The facility is leased from the California Department of Corrections and Rehabilitation (CDCR) until December 31, 2024.

3. Please carefully review and consider the minimum qualifications, and the detailed Scope of Work located in Attachment 14, Sample Agreement, Exhibit A, Scope of Work, in order to complete your proposal.

B. Agreement Term and Security Provisions:

1. If an agreement results from this RFP, the term is anticipated to begin October 11, 2024 through October 10, 2027. Any agreement resulting from this RFP shall have no force or effect until it is signed by both parties and approved by the Department of General Services (DGS) if such approval is required. Performance shall start no later than on the express date set by the awarding agency and after all approvals have been obtained and the agreement is fully executed.

2. All performance under the agreement shall be completed on or before the termination date of the agreement.

3. Should the Contractor fail to commence work at the agreed upon time, DSH-M reserves the right to terminate the agreement upon five (5) days’ written notice to the Contractor.

4. Contractor shall agree to all security provisions where the performance of work takes place on any state hospital grounds.

C. Generative Artificial Intelligence (GenAI):

1. 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.

2. 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.

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

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

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

6. 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.

II. MINIMUM QUALIFICATIONS (MQ)

Failure to meet all Minimum Qualifications identified in Attachment 3 will result in the proposal not being scored. All documents contained in the proposal package must be in accordance with Attachment 1 – Proposal Submission Checklist.

A. Proof of Legal Right To Do Business:

Proposers must submit proof of their legal right to do business in the State of California:

1. Proposers must submit a copy of their license to do business in the State of California, where applicable.

2. Proposers must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

3. Bidders which are corporations, regardless of where they are incorporated, shall certify they are currently in good standing with the California Secretary of State (SOS). DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website:

https://bizfileonline.sos.ca.gov/search/business

B. References:

Proposer must submit applicable references:

1. Proposer must provide three (3) letters of reference from customers for whom the Proposer has provided services of the same nature and type as those outlined in this solicitation.

References submitted must be for services provided in the past two (2) years (from the date of this solicitation). At least one reference must be from a governmental entity, and IF the Proposer has provided services to the DSH during this timeframe, one of the references MUST be from a DSH Contract Manager. The letters of reference must contain sufficient information (i.e., specific times and locations where the Proposer was observed while providing services) in order to verify the Proposer’s experience. In the case of letters not composed by the DSH Contract Manager, each letter must be composed by someone who had direct experience with the provision of services outlined in the letter. Each letter of reference must address each of the following:

a. The Proposer’s ability to provide services as compared to his or her agreed upon contract.

i. Site specific examples of the Proposers ability to consistently provide the appropriate number of employees to meet contractual obligations.

ii. Site specific examples of the Proposers ability to consistently maintain the required operating hours to meet contractually obligations.

iii. Site specific examples of the Proposers ability to consistently and satisfactorily achieve the institutions goals as set for the in their agreement.

b. The customers client population served by the Proposer.

c. The length of time the Proposer has provided services to the customer.

d. Any other relevant specifics associated with these services including, but not limited to, customer service.

e. The customers overall assessment of the Proposers performance.

To prove that submitted letters have been completed by the appropriate party, each letter must also:

f. Provide the name, address, title, company, and phone number of the qualifying employer/company.

g. Be submitted on the employer/company’s official letterhead.

h. Contain an original signature by the completing party.

The DSH reserves the right to utilize these letters of reference in determining whether a Proposer is a responsible supplier; in addition to verifying proposer’s experience.

C. Agreement to Sign:

1. The Proposer shall certify that, if awarded an agreement, they shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213), to be received by the DSH no later than seven (7) calendar days from the date the DSH e-mails the agreement to the email address provided by Proposer on the Minimum Qualifications Response Form (Attachment 3).

This requirement shall be ten (10) calendar days if the DSH elects to mail the agreement. The DSH reserves the right, at its sole discretion, to require documentation to be submitted in addition to the Std. 213. If the DSH exercises that right, the contractor must submit all required documentation within the timeframes noted here.

The Proposer shall further certify that they understand the insurance requirements in Attachment 14, Sample Agreement, Exhibit F, Insurance Requirements, and if awarded an agreement, shall provide the DSH with all required insurance documents as may be applicable, in a timely manner.

DSH-M reserves the right, at its sole discretion, to cancel a proposed award to a Proposer who does not submit the required documentation described herein. Should the DSH cancel a proposed award for this reason, the DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible Proposer.

D. California Sellers Permit:

1. Proposers must provide a valid California Seller’s Permit issued by the California Department of Tax and Fee Administration (CDTFA).

III. PROPOSAL REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time

RFP available to prospective Proposers 8/30/2024 4:00 PM

Deadline to Submit Request to Attend Proposer’s Conference 9/10/2024 3:00 PM MANDATORY Proposer’s Conference 9/13/2024 10:00 AM

Deadline for Submission of Proposer’s Questions 9/20/2024 1:00 PM

DSH Response to Questions 9/23/2024 1:00 PM

Final Date for Proposal Submission 9/30/2024 4:00 PM Anticipated Evaluations of Submitted Proposals 10/1/2024 2:30 PM

Anticipated Notice of Intent to Award Posted 10/4/2024 ---

Anticipated Start Date 10/11/2024 ---

B. Mandatory Proposer’s Conference:

1. A Proposer’s Conference is scheduled for 10:00 AM on Friday, September 13th, 2024 at the following address: 11401 S. Bloomfield Avenue, Norwalk, CA 90650. All Proposers will meet in the DSH-M General Services – Procurement Department, Room 323. The conference will be for the purpose of providing Proposers the opportunity to examine all worksites before submitting proposals in order to have full knowledge of the area(s) and/or specific equipment affecting the services performed that may not be specifically described herein.

2. This conference is MANDATORY. All interested proposers must attend the conference to have their proposals considered responsive and responsible. Proposers who wish to attend the conference must notify DSH-M via e-mail at MSHServiceAgreement@dsh.ca.gov and CC:

Elizabeth Denegri via email at Elizabeth.Denegri@dsh.ca.gov by 3:00 PM on Tuesday, September 10th, 2024. This notification must include the first and last name of the proposed attendee(s), as well as the date of birth, driver’s license or passport number, an email address and phone number of the proposed attendee. Additionally, the full name, address and phone number of an emergency contact for each attendee will be required.

3. For interested proposers who need assistance due to a physical impairment, a reasonable accommodation will be provided by the DSH, upon request. Proposers must request the accommodation when requesting to attend the conference as described above.

4. In the event a potential prime contractor is unable to attend the conference, authorized representatives may NOT attend on his or her behalf, unless otherwise directed by the hospital at the time of registration.

5. At the time of the conference, proposers and/or their representatives will be required to bring their driver’s license or other state-issued identification card to be admitted onto hospital grounds. Proposers and/or their representatives will not be admitted onto hospital grounds unless professionally and appropriately dressed in clothing distinct from that worn by patients at the hospital. DSH-M will provide the attendees any clothing restrictions or other requirements two (2) days prior to the conference. Additionally, electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are not permitted on hospital grounds and must be left out of sight in the proposer’s secured vehicle.

6. The representative may only sign-in to represent one (1) company. Subcontractors may not represent a potential prime contractor at a conference.

7. The conference will start promptly at 10:00 AM on Friday, September 13th, 2024. Please plan accordingly so that the representative is on time.

C. Proposer’s Questions:

1. Proposers should notify the DSH immediately via email at MSHServiceAgreement@dsh.ca.gov and CC: Elizabeth.Denegri@dsh.ca.gov if they need clarification about the services being sought or have questions about the RFP instructions or requirements. The level of detail that shall be provided in response is subject to the availability of DSH-M resources. The DSH shall respond to all questions via an addendum to the solicitation with all questions and answers posted on Cal e-Procure (www.caleprocure.ca.gov). All questions must be submitted prior to the Deadline for Submission of Proposer’s Questions as shown in Section III, A – Key Action Dates.

2. Note: It is the responsibility of the proposer to check Cal e-Procure for any changes within the RFP, as all questions, answers and addenda will be posted there. The DSH will not be held responsible for inaccurate proposals due to Proposer’s oversight in reviewing any and all information via Cal e-Procure.

3. Verbal comments regarding this RFP are unofficial and are not binding on the DSH unless later confirmed in writing as an official addendum.

4. Proposers who fail to report a known or suspected problem with the RFP or fail to seek clarification and/or correction of the RFP, submit a proposal at their own risk.

D. Submission of Proposals:

1. Physical Submission:

a. All proposals must be submitted under a sealed cover and received by the DSH by the date and time shown in Section III, A – Key Action Dates. The sealed cover must be plainly marked with the RFP number and title, and must be marked “DO NOT OPEN,” as shown in the following example:

RFP Number: 24-20022-000

Commissary Services ATTN: General Services – Procurement Dept.

Department of State Hospitals - Metropolitan

11401 S. Bloomfield Avenue Norwalk, CA 90650

DO NOT OPEN

b. All proposals submitted under a sealed cover must clearly and legibly show the Proposer’s firm name and address.

c. Proposals not submitted under a sealed cover shall be rejected. A minimum of one (1) original and one (1) copy of the proposal must be submitted, and clearly marked.

d. The proposal package should be prepared in the least complicated method. Originals and copies should be bound with binder-clips or staples (no covers, no spiral bindings, etc.). All pages in the proposal must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Double-sided printing is preferred except for required Attachments numbers 1 through 13 of this RFP. It is the Proposer’s responsibility to ensure that his or her proposal is submitted in a manner that enables the DSH to easily locate all response descriptions and exhibits for each requirement of this RFP. Page numbers must be located in the same page position throughout the proposal. Note: Attachment 14 should not be returned with the proposal.

e. Mail Delivery, Hand Delivery, or Overnight Delivery of proposals should be addressed as in

Item 1.i. above.

2. Signature Requirements:

a. All documents requiring a signature must bear an original signature of a person authorized to bind the proposing firm.

b. An individual who is authorized to bind the Proposer contractually shall sign the Proposer

Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

3. General Contents:

a. All proposals shall include all the documents identified in Section VI, Required Attachments, Attachment 1, Proposal Submission Checklist (Page 21).

b. Proposals should provide straightforward and concise descriptions of the Proposer's ability to satisfy the requirements of this RFP. The proposal must be complete and accurate.

Omissions, inaccuracies, or misstatements will be sufficient cause for rejection of a proposal.

c. Proposals must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and shall cause a proposal to be rejected.

d. A proposal shall be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The state may reject any or all proposals and may waive an immaterial deviation in a proposal. The state’s waiver of an immaterial defect shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the agreement.

e. Before submitting a response to this solicitation, Proposers should review, correct all errors, and confirm compliance with the RFP requirements.

f. Where applicable, Proposers must carefully examine work sites and specifications.

Proposers shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

4. General Considerations:

a. No oral understanding or agreement shall be binding on either party.

b. Costs for developing proposals in anticipation of award of the agreement are entirely the responsibilities of the Proposer and shall not be charged to the State of California.

5. Withdrawing and Resubmitting:

a. Proposers may modify a proposal, after its submission, by withdrawing their original proposal package and resubmitting a new proposal package prior to the proposal submission deadline. Proposers’ modifications offered in any other manner, verbal or written, will not be considered.

b. Proposers may withdraw their proposal by submitting a written withdrawal request to the

DSH-M – Contracts Office at the address below, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal package prior to the proposal submission deadline. Proposals may not be withdrawn without cause, subsequent to the proposal submission deadline. The DSH-M Contracts Office is located at:

Department of State Hospitals - Metropolitan

General Services – Procurement Dept.

11401 S. Bloomfield Avenue

6. Modification and Rejections:

a. The DSH may modify the RFP, prior to the solicitation due date and time, by the issuance of an addendum to all parties who received a solicitation package.

b. The DSH reserves the right to reject all proposals. The DSH is not required to award an agreement.

c. The DSH does not accept alternate contract language from a prospective contractor, unless offered through the Question-and-Answer period. A proposal with alternate contract language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. Proposers are hereby advised that proposals of alternate contract language or attempts to negotiate the state’s Terms and Conditions after the selection of a proposed awardee shall be considered a counter proposal for the purposes of this solicitation. In such a situation, the DSH shall notify the proposed awardee that they must accept the state’s language and terms as offered or be disqualified from being awarded a contract. Should a contractor fail to accept the language and terms offered, the DSH shall disqualify that vendor and award the contract to the next lowest Proposer and issue a revised Letter of Intent if applicable.

7. Technical Proposal Content

The Proposer shall provide a section in their proposal entitled “Technical Proposal” that addresses each section under the following headings in the order shown below:

a. Project Key Personnel

The Proposer must provide an organizational chart that clearly illustrates the Key Personnel (“Key Personnel” is defined as individuals who will have the responsibility for the delivery of services outlined in Attachment 14, Sample Standard Agreement, Exhibit A, Scope of Work) proposed to deliver the services required for this proposed Agreement, their reporting structure, and relationships to the Proposer and/or any subcontractors, as well as the relationship and demarcation of responsibilities between the Proposer and any proposed subcontractors.

Proposer must submit a list of all Key Personnel who will be working on the proposed project. This section shall describe Proposer’s projected staffing plan including:

i. Title, role, and job description of all Key Personnel (including sub-contractors and consultants).

ii. Indication of what proportion of time each of these Key Personnel will spend on this project.

iii. Description of education, expertise, capabilities and credentials of Key Personnel.

iv. Resumes for all Key Personnel.

v. Organizational chart clearly illustrating Key Personnel proposed to deliver services.

b. Experience

Proposers must submit a resume of qualifications showing that the company has at least five (5) years’ experience in food service management and time in industry providing related commissary services in at least ten (10) secure facilities.

c. Technical Approach

Proposers must submit a detailed technical proposal that describes how, if awarded an Agreement, the Proposer shall achieve the outcomes detailed in Attachment 14, Sample Agreement, Exhibit A – Scope of Work, Section 3 – Service Hours and Section 6 – Contractors Responsibilities beginning on page 44 of this RFP.

8. Cost Proposal Requirements

a. Refer to Exhibit A - Scope of Work (See Attachment 14) for details on tasks, deliverables, and milestones.

b. Use Attachment 5, Proposer’s Rate Sheet, to draft and submit your Cost Proposal.

IV. PROPOSAL EVALUATION AND AWARD

A. Review of Proposal Requirements:

1. Phase 1 – Administrative Evaluation

The DSH will conduct an administrative evaluation in accordance with the RFP requirements to determine a Proposer’s responsiveness and responsibility. Each proposal will be checked for completeness and/or absence of all required information and to ensure that the Proposer meets the minimum qualifications in conformance with the submission requirements. During evaluation period, if an item is unclear, or needs further clarification, Proposers may be requested to provide additional documentation. Proposals that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Proposer, may be rejected.

a. Definitions of Responsive and Responsible Proposers

i. A responsive Proposer is one who submits a proposal that meets all of the submission requirements and minimum qualification requirements stated in the RFP.

ii. A responsible supplier is one that is trustworthy and possesses the necessary quality, fitness and capacity to satisfactorily perform the proposed work. Proposers who are determined to be not responsible or who submit non-responsive proposals shall have the proposals rejected.

b. Determining Responsive Proposers

i. Each proposal will first be reviewed to determine whether the Proposer is responsive.

This includes but is not limited to, ensuring that the proposal was received by the date and time specified; contains all the required documents; meets the minimum qualifications; meets the format requirements specified; and that there is no material deviation from the terms and conditions of the proposed contract.

ii. A non-responsive proposal is one that does not meet the requirements stated in the RFP, fails to provide all required documents/attachments, or proposals that deviate substantially from requirements. A proposal that changes the terms and conditions of the RFP or the contract provisions will be considered a counterproposal and will be rejected as non-responsive.

c. Determining Responsible Proposers

i. Responsive proposals shall be considered evidence of the Proposer’s responsibility.

The DSH reserves the right to reevaluate a Proposer’s responsibility prior to award and is in no way limited to submitted proposal packages in making a determination as to a Proposer’s responsibility. In determining whether a Proposer is responsible, the DSH may require Proposers to submit evidence of their qualifications at such times, and under such conditions, as it may require.

2. Phase 2 – Technical Proposal Evaluation

The DSH will conduct an evaluation of each proposal not rejected in Phase 1 by an Evaluation Committee consisting of DSH employees.

a. Rating Criterion Guidelines

i. After studying the RFP, each panel member will review each proposal and assign points for each criterion discussed below. The reviewers will then meet either in person or by teleconference to discuss in detail the strengths, weaknesses, and ratings of each proposal. After this discussion, reviewers will reach a single consensus score for each of the proposals submitted.

ii. The criteria in the Sample Score Sheet of this RFP will be used by reviewers evaluating proposals submitted in response to this RFP. In addition to what is stated below, in scoring the proposal, each criterion will be rated on the basis of completeness, responsiveness, clarity of response, and weighed in the context of its contribution to the end product.

(Sample Score Sheet begins on the next page)

SAMPLE SCORE SHEET

Minimum Qualifications Pass Fail

A. Proof of Legal Right To Do Business:

A.1. Proposer has provided a copy of their license to do business in the State of California, (as applicable).

A.2. Proposer has signed to certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

A.3. Proposers which are corporations have provided a printout from the California Secretary of State website which shows that their corporation is currently in good standing.

B. References:

Proposer has provided three (3) letters of reference from customers as described in section II. MQ, Section B, References. At least one reference must be from a governmental entity, and IF the Proposer has provided services to the DSH during this timeframe, one of the references MUST be from a DSH Contract Manager.

C. Agreement to Sign:

The Proposer has certified that they understand the insurance requirements and, if awarded an agreement, shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213) and any required insurance documents as directed.

D. California Sellers Permit:

Proposer has provided a valid California Sellers Permit issued by the California Department of Tax and Fee Administration (CDTFA).

If Proposers pass all the Minimum Qualifications, their proposal will move forward for further evaluation and scoring.

PROPOSER NAME:

Pass

Yes No

Only those Proposers who Pass all Minimum Qualifications will have their proposals scored.

TECHNICAL PROPOSAL SCORING

Maximum

Points Possible

Points Awarded

A. PROPOSER’S KEY PERSONNEL: (Max 100 points)

Proposer has included an organizational chart that clearly illustrates the Key Personnel (“Key Personnel” is defined as individuals who will have the responsibility for the delivery of services outlined in Attachment 14, Sample Standard Agreement, Exhibit A, Scope of Work) proposed to deliver the services required for this proposed Agreement, their reporting structure, and relationships to the Proposer and/or any subcontractors, as well as the relationship and demarcation of responsibilities between the Proposer and any proposed subcontractors. Documentation evidences sufficient number of persons to complete the scope of services required for the proposed Agreement.

Proposer has submitted a list of all key personnel who will be working on the proposed project. This section shall describe Proposer’s projected staffing plan including:

a. Title, role, and job description of all Key Personnel (including sub-contractors and consultants).

b. Indication of what proportion of time each of these Key Personnel will spend on this project.

c. Description of education, expertise, capabilities and credentials of

Key Personnel.

d. Resumes for all Key Personnel.

e. Organizational chart clearly illustrating Key Personnel proposed to deliver services.

Scoring for each area shall use the following guidelines:

Excellent – 20 points Adequate – 10 points Marginal – 0 points

B. PROPOSER’S EXPERIENCE: (Max 20 points)

Proposer has submitted a resume of qualifications showing that the company has at least five (5) years’ experience in food service management and time in industry providing related commissary services in at least ten (10) secure facilities.

10+ years of experience – 20 points 6-9 years of experience – 15 points 3-5 years of experience – 10 points 1-2 years of experience – 5 points

TECHNICAL PROPOSAL SCORING (CONTINUED)

Maximum

Points Possible

Points Awarded

C. PROPOSER’S APPROACH: (Max 100 points)

Proposer has submitted a detailed technical proposal that describes how, if awarded an Agreement, the Proposer shall achieve the outcomes detailed in Attachment 14, Sample Standard Agreement, Exhibit A, Scope of Work (SOW), Section 3, Service Hours and Section 6, Contractor Responsibilities beginning on page 44 of this RFP.

Proposer has provided a plan for this project, with sufficient detail to demonstrate subject matter knowledge and to show the ability to accomplish the goals of this project.

RATING POINTS

EXCELLENT: Technical Proposal consists of a plan that is thoroughly detailed, addressing all areas of the Scope of Work and demonstrates the Proposers knowledge and ability to meet DSH-M requirements.

100 Points

VERY GOOD: Technical Proposal consists of a plan that is detailed, addressing most areas of the Scope of Work and demonstrates the Proposers knowledge and ability to meet DSH- M requirements.

80 Points

GOOD: Technical Proposal provides some detail in Proposers overall plan to meet requirements.

60 Points

FAIR: Technical Proposal provides minimal detail in Proposers plan to meet requirements.

40 Points

POOR: Technical Proposal lacks detail in Proposers plan to meet requirements.

20 Points

VERY POOR: No Technical Proposal provided. 0 points

Total Possible Points for Technical Proposal Submission (Key Personnel 100 + Experience 20 + Approach 100)

D. COST PROPOSAL:

CORE ITEMS CALCULATION FORMULA:

(Lowest Cost Proposal divided by other Proposer’s Cost Proposal) X 90 = Points Awarded

EXAMPLE: Proposer 1 = $40,000.00 Proposer 2 = $60,000.00 Proposer 3 = $80,000.00

Proposer 1: Lowest Cost Proposal = $40,000.00 = 90 points awarded

Proposer 2: Lowest Cost Proposal $40,000.00 = 0.67 X 90 points = 60.3 points Prop. 2 Cost Proposal $60,000.00

Proposer 3: Lowest Cost Proposal $40,000.00 = 0.50 X 90 points = 45 points Prop. 3 Cost Proposal $80,000.00

CONTRIBUTION TO PBF CALCULATION FORMULA:

Each Proposers contribution to the PBF will be multiplied times a Conversion Factor of $10,000.00. Proposers with lower contribution amounts will be divided by the highest contribution X 90 = Points Awarded

EXAMPLE: Proposer 1 = 15% x $10,000.00 = $1,500.00 Proposer 2 = 10% x $10,000.00 = $1,000.00 Proposer 3 = 5% x $10,000.00 = $ 500.00

Proposer 1: Highest amount to PBF = $1,500.00 = 90 points awarded

Proposer 2: Prop. 2 Amount to PBF $1,000.00 = 0.67 X 90 points = 60.3 points Highest Amount to PBF $1,500.00

Proposer 3: Prop. 3 Amount to PBF $ 500.00 = 0.33 X 90 points = 29.7 points Highest Amount to PBF $1,500.00

Total Possible Points for Cost Proposal Submission (Core Items 90 + Contribution to PBF 90)

GRAND TOTAL POINTS (TECHNICAL TOTAL + COST TOTAL) 400

B. False Statements Disclaimer:

1. Proposals that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Proposer, may be rejected.

C. Intention to Award:

1. The DSH intends, if an award is made, to award to a single service provider based upon the highest-scored responsible Proposer in accordance with Section V, Preference and Incentive Programs. Proposers should submit proposals accordingly.

D. Breaking Tie Proposals:

1. In accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the disabled veteran-owned small business or microbusiness shall be considered the lower Proposer for ranking purposes.

2. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the proposal of the small business is equal to the lowest priced proposal from a responsible non-small business, the small business shall be considered the lower Proposer for ranking purposes.

E. Award and Protest:

1. Notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

2. If any Proposer, prior to the award of agreement, files a written protest with the Department of General Services (DGS) and the DSH, including the grounds that the (protesting) Proposer is highest-scored responsible Proposer, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

3. Within five (5) days after filing the initial protest, the protesting Proposer shall file with the DGS and the DSH a detailed written statement specifying the grounds for the protest. It is suggested that any protest be submitted by certified or registered mail.

4. Submissions shall be made to:

Department of General Services

Office of Legal Services Attention: Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

EMAIL: OLSProtests@dgs.ca.govT

AND

Department of State Hospitals – Metropolitan Attention: General Services – Procurement Dept.

11401 S. Bloomfield Avenue

EMAIL: MSHServiceAgreement@dsh.ca.gov

5. Protests may be sent by regular mail, facsimile, courier or personal delivery though it is suggested that submissions are made by certified or registered mail. Protestants should include their fax numbers, where applicable.

F. Disposition of Proposals:

1. Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code section 6250, et seq.) and subject to review by the public. Should a Proposer desire to keep any or all components of their response to this RFP confidential, the Proposer would need to obtain a protective order from a court of competent jurisdiction.

G. Tax Delinquency Disclaimer:

1. Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, the DSH shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

a. FTB: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

b. CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

1. In accordance with Government Code section 14838, et seq. and California Code of Regulations, title 2, section 1896, et seq., a five (5) percent preference will be granted to Proposers properly certified as a California Small Business (SB), Microbusiness (MB), or Non- Small Business (NSB) with a Small Business subcontracting for a minimum of 25% of the total dollars proposed. A five (5) percent preference will be granted to Proposers certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code section

999.50. Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Certification by 5:00 p.m. on proposal opening day.

2. Small Business Preference Example (Single Award):

Proposer A Proposer B Proposer C

Proposer Status NSB NSB w/ 25% SB Preference Applicable? X X Original Proposal Score 120 points 118 points 115 points

Apparent High Score Proposal X

Pref. Amount (5% of highest scoring proposal)

0 6 points 6 points

Revised Score 120 points 124 points 121 points Revised Highest Scoring Proposal X

Awarded Proposal (if all other conditions are met, and if award is made)

X

3. Explanation of Example:

After applying the preference, the highest scoring proposal belongs to Proposer C, which is a Small Business. Since both Proposer B and Proposer C claim a SB Preference, five (5) percent of Proposer A’s total points (highest score) are added to those of Proposer B and C. In the example above, five (5) percent of 120 is 6 points. Proposer B looks like the highest score, at 124 points. However, the preference cannot be used by a non-small business to displace a small business, so if all conditions are met, the award would be to Proposer C, who is an actual small business.

Note: Since the preferences are used only for computation purposes to determine the successful Proposer, if an agreement was awarded, it would have no effect on the dollar amount of the award.

B. Disabled Veteran Business Enterprise Program and Incentive:

1. The DSH hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this RFP.

2. An incentive for Proposers who include DVBE participation is available and encouraged for this RFP. For evaluation purposes only, the State shall apply an incentive to proposals that include California certified DVBE participation and confirmed by the DSH. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

DVBE Incentive Participation DVBE Incentive 5% or Over 5 points

4% to 4.99% Inclusive 4 points 3% to 3.99% Inclusive 3 points 2% to 2.99% Inclusive 2 points 1% to 1.99% Inclusive 1 point

3. The proposal price of responsive proposals with a percentage of DVBE participation will have the appropriate points applied to the total point score. Points are applied for evaluation purposes only and will not alter actual proposal dollar amounts. If the #1 ranked (highest scoring), responsive, responsible proposal is a California certified small business, the only Proposers eligible for the incentive will be other California certified small businesses.

4. Information submitted by the Proposer to claim the DVBE incentive will be verified by the DSH.

Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this RFP may be used to qualify the Proposer for a DVBE incentive. All DVBE Proposers and their proposed subcontractors must submit a copy of the DVBE Declarations Form (Std. 843). See Attachment 12.

5. Disabled Veteran Business Enterprise Inventive Example (Single Award):

Proposer A Proposer B Proposer C Proposer Status NSB NSB w/ 3% DVBE

Incentive Applicable? X X Original Proposal Score 120 118 112

Apparent High Score Proposal X

Incentive Qualified 3% 5% Incent. Amount of points

(based on % of DVBE participation)

3 points 5 points

Revised Proposal 120 121 117 Revised Highest Scoring Proposer X

6. Explanation of Example:

The highest scoring Proposer, after technical evaluation, is Proposer A, which is a NSB not claiming a DVBE subcontracting incentive. Proposer B claims (and qualifies for) a DVBE incentive of three (3) percent. Proposer C is a DVBE, which qualifies them for the maximum incentive. The incentive is a point scale based on the proposer’s commitment to DVBE subcontracting, as a percentage of the total dollars proposed. See section 2 above for details.

Proposer A gets no incentive points added, as they have not committed to any DVBE subcontracting. Proposer B has committed to 3% DVBE subcontracting, therefore, 3 points are added to Proposer B’s score, resulting in a revised score of 121 points. Proposer C is a DVBE, so the maximum incentive of 5 points is added to Proposer C’s score, resulting in a revised total score of 117. After applying the incentive, Proposer B is now the revised apparent high scoring Proposer.

Note: Preferences are used only for computation purposes to determine the successful Proposer, the actual dollar amounts proposed will be used, if an agreement is awarded.

C. Calculation of Multiple Preferences:

1. In the event that Proposers qualify for the SB preference and/or the DVBE incentive, the SB preference shall be calculated first. In circumstances where the DSH will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (f), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB Proposer is the apparent highest scored proposal, unless another SB Proposer is also a DVBE or has subcontracted with DVBE firms.

Note: In accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

2. Example of the Calculation of Multiple Preferences:

Proposer A

Proposer B

Proposer C

Proposer D

Proposer Status NSB NSB w/ 25% DVBE SB SB Pref. Applicable? X X Original Total Score 120 99 103 100

Apparent High Scored Proposal X

SB Pref. Amt. (5% of highest scored non-small Proposal)

0 points 6 points 0 points 6 points

Revised Score 120 105 103 106 Revised Highest Score X

DVBE Incentive Applicable? X Incentive Qualified 5%

Incent. Amt. (% of highest scored Proposal)

0 points 0 points 5 points 0 points

Revised Score 120 105 108 106 Revised Highest Score X

D. Other Preference Programs:

1. Additional preference programs exist and may be applicable. Specifically, the Target Area

Contract Preference Act (TACPA). For information regarding these programs please see the following website: http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx

E. Additional Small Business and Disabled Veteran Enterprise Information:

1. Adherence to the DVBE Requirements:

a. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the proposal or offer may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section 10115.10 or Public Contract Code section 4110 (applies to public works only). Contractor must immediately notify the DSH’s SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

b. Failure of Contractor to adhere to the certification requirements of Military and Veterans Code section 999.5, subdivision (d) may be used as evidence of the Proposer’s non-responsibility in future solicitations.

2. Commercially Useful Function (CUF) Disclaimer

a. Each certified SB/MB or DVBE must perform a commercially useful function. Proposers who are found to not be performing a CUF will have their proposals deemed non-responsive. A SB/MB or DVBE is deemed to perform a commercially useful function when the business does all of the following:

b. Is responsible for the execution of a distinct element of the work of the agreement.

c. Carries out its obligation by actually performing, managing, or supervising the work involved.

d. Performs work that is normal for its business services and functions.

e. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

f. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

1. Refer to the following list for additional attachments that are a required part of this solicitation.

i. Attachment 1 Proposal Submission Checklist

ii. Attachment 2 Proposer’s Certification

iii. Attachment 3 Minimum Qualifications Response

iv. Attachment 4 Proposer’s Letters of Reference

v. Attachment 5 Proposer’s Rate Sheet

vi. Attachment 6 Insurance Certifications

vii. Attachment 7 Darfur Contracting Act Certification

viii. Attachment 8 Technical Proposal Cover sheet

ix. Attachment 9 Proposer Declaration Form (GSPD 05-105)

x. Attachment 10 GenAI Reporting & Factsheet (Std. 1000)

xi. Attachment 11 Contractor Certification Clauses (CCC 04/2017)

xii. Attachment 12 Payee Data Record (Std. 204)

xiii. Attachment 13 DVBE Declaration Form (Std. 843)

xiv. Attachment 14 California Civil Rights Certification

xv. Attachment 15 Sample Standard Agreement (Std. 213 and Exhibits)

Note: Attachment 15 is included for reference only. Only the successful Proposer will submit these documents, when requested by the DSH.

ATTACHMENT 1

Proposal Submission Checklist

Complete this checklist to confirm the items in your proposal. For your proposal to be considered responsive, Attachments 1 through 13 in this checklist must be submitted by the Proposal Submittal Deadline indicated in this RFP. Include this checklist with your proposal package.

Proposer's Name: ____________________________________________________________________

Attachment Name of Attachment ______ Attachment 1 Proposal Submission Checklist

______ Attachment 2 Proposer’s Certification

______ Attachment 3 Minimum Qualifications Response

______ Attachment 4 Proposer’s Letters of Reference

______ Attachment 5 Proposer’s Rate Sheets

______ Attachment 6 Insurance Certifications

______ Attachment 7 Darfur Contracting Act Certification

______ Attachment 8 Technical Proposal Cover Sheet

______ Attachment 9 Proposer Declaration Form (GSPD 05-105)

This form is not included in this RFP. Please obtain at:

https://www.documents.dgs.ca.gov/DGS/FMC/GS/PD/GSPD05-105.pdf

______ Attachment 10…