RFP_5249923.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Request for Proposal (RFP) / Event ID: 5249923 Temporary Healthcare Staffing Services October 2, 2024

OPENING

The State of California, Department of General Services-Procurement Division (DGS- PD) is conducting this Request for Proposal (RFP) to establish mandatory Master Service Agreements (MSA) for Temporary Healthcare Staffing Services (THSS) for Temporary Healthcare Provider Personnel (THPP). The THSS MSA will be mandatory for all State of California governmental agencies subject to DGS oversight that seek to acquire temporary healthcare staffing. State Agencies wishing to procure similar services outside of the MSA will require an approved exemption from the State Contract Administrator. If an MSA is awarded, users will be able to view the MSA User Instructions for additional information and obtain the required justification forms regarding the exemption process.

RFP solicitations can be complex, but there are processes to assist the proposing community. If something is unclear, needs clarification, or changes are needed, refer to RFP Section 2.2.3, Questions Regarding the RFP for instructions to submit inquiries.

For clarification of terms pertaining to these services, refer to Exhibit E – Definitions.

All RFP sections are critically important. Immediately read them thoroughly and then re-read them.

DO NOT WAIT UNTIL THE LAST DAY TO SUBMIT A PROPOSAL.

The RFP is organized as follows:

1. TABLE OF CONTENTS: A quick list of all sections contained in the RFP.

2. SECTION 1 – INTRODUCTION AND OVERVIEW: Provides the scope of the RFP and introduces the Procurement Official for the RFP.

3. SECTION 2 – RULES GOVERNING COMPETITION: Provides the rules the Proposer must follow for competing in this RFP process.

4. SECTION 3 – PROPOSING REQUIREMENTS: Identifies requirements and obligations for the Proposer.

5. SECTION 4 – COST: Explains how cost is to be presented in the proposal.

6. SECTION 5 – PROPOSAL FORMAT: Explains how the Proposer is to organize and submit its proposal.

7. SECTION 6 – EVALUATION: Explains how the State will evaluate proposals.

8. SECTION 7 – ATTACHMENTS: Lists the relevant attachments to the RFP. Refer RFP Section 5 to verify which attachments must be returned with the proposal.

This document is not required to be submitted with proposal.

TABLE OF CONTENTS

SECTION 1 – INTRODUCTION AND OVERVIEW

The Department of General Services, Procurement Division (hereinafter referred to as “DGS-PD”) is requesting proposals from qualified firms to establish a mandatory Master Service Agreement(s) (hereinafter referred to as “MSA” or “Agreement(s)”) for Temporary Healthcare Staffing Services (hereinafter refer to as THSS) for Temporary Healthcare Provider Personnel (hereinafter refer to as THPP) to be used by State agencies and local governmental agencies, referred to collectively as “User Agency” or “User Agencies” in accordance with this MSA. Use of the MSA is mandatory for State agencies and optional for local governmental agencies. A local governmental agency is any city, county, district, or other local governmental body or corporation, including California State Universities (CSU) and University of California (UC) systems, K-12 schools, and community colleges empowered to expend public funds. User Agencies and Contractors must execute a separate agreement, referred to as “User Agreement,” prior to obtaining services.

Scope Contractors shall provide THPP (defined in Exhibit A.1 – Provider Classifications) to User Agencies in accordance with the terms and conditions of the awarded Agreement for the following service regions (defined in Exhibit A.2 – Service Area Map) at or below the rates specified in Exhibit B.1 – Rate Sheet.

User Agencies shall establish a User Agreement under the awarded MSA to obtain services that incorporate all the terms and conditions of this MSA by reference. For California State agencies, such agreement shall be in the form of a STD 213; For local government agencies, the agreement shall be in a form as specified by the local governmental agency and the Contractor. The duly executed STD 213 and appropriate form for local governmental agencies are herein referred to as the “User Agreement”. The User Agreement may contain additional User Agency specific terms and conditions, none of which may alter, rescind, or conflict with the terms and conditions of this MSA.

Below is a high-level summary of the RFP information, which is detailed throughout the RFP document and corresponding attachments. Proposers are advised to read the RFP in its entirety.

1. Proposals must be submitted electronically. Physical copies will not be accepted.

2. The following Attachments must be submitted in Excel format. Alternative formats and/or modified workbooks will not be accepted.

a) Attachment 2 – Cost Workbook

b) Attachment 3 – Narrative Response

c) Attachment 4 – Customer References

d) Attachment 5 – Proposing Regions and Healthcare Groups

3. Do not modify the attachments of the RFP.

4. Contractors agree to provide services in the California region(s) awarded and neighboring regions that share a border. User Agencies shall provide the specific location(s) of where service(s) will be provided when contracting for services.

5. Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors as specified in RFP Section 3.1.8, Generative Artificial Intelligence (GenAI).

The term of the MSAs resulting from the RFP will be for a three-year initial period. Upon mutual agreement of the Contractor and State, DGS-PD may extend this MSA for two additional one-year options, with a maximum cumulative term period of five years. Extensions will be made by amendment to the MSA at the same terms and conditions; Changes in State or Federal law may require modifications to the terms and/or conditions of this Agreement. All rates shall be firm fixed for the MSA term, including any optional year extensions. Any rate adjustments shall not be effective until an amendment is executed, as specified in Exhibit B – Budget Detail and Payment Provisions. All User Agreements issued against this MSA must be fulfilled and/or completed in its entirety within 12 months following the MSA end date.

Background THSS are needed to support county, State, and local agencies (e.g., California Department of State Hospitals, California Department of Veterans Affairs, and California Corrections Health Care Services) due to recruitment challenges for various healthcare positions and facilities, especially those in rural communities. Providing staffing services may include coordination and documentation with county, State, and Federal agencies.

The Contractor shall provide qualified and experienced THPP for one or more of the Temporary Healthcare Provider Classification groups identified in Exhibit A.1 – Provider Classifications, as requested by the User Agency. The rates of the services offered by the contractor will be specified in Exhibit B.1 – Rate Sheet. Additionally, expectations of the services are identified in Exhibit A. – Scope of Work (SOW).

Proposed Services The services will be provided in 10 regions which are comprised of California’s 58 counties. The regions are comprised of the counties depicted in RFP Table 1 below and in Exhibit A.2 – Service Area Map (By Region):

RFP Table 1

For each region there are 25 possible Healthcare Groups which are comprised of 45 THPP classifications as identified in RFP Table 2 below and in Exhibit A.1 – Provider Classifications:

RFP Table 2

Proposers must propose on at least one region and one Healthcare Group. Proposers must propose on all THPP Classifications within a Healthcare Group. Proposers may propose on multiple regions and multiple Healthcare Groups.

Historical Spend DGS-PD does not guarantee the volume that will be transacted under the resulting MSAs. MSAs are zero-dollar Agreements where the expenditure is at the User Agency level.

For informational purposes only, below is the historical spend from various State departments for similar services by Fiscal Year (FY):

Proposer Reminder The RFP contains instructions for proposers to submit a complete proposal. The RFP addresses all requirements and responsibilities that Proposers must meet to be eligible for consideration.

Proposers should:

1. Carefully read the entire RFP.

2. Ask appropriate questions in a timely manner if clarification is necessary.

3. Make sure that all procedures and requirements of the RFP are accurately followed and appropriately addressed.

4. Thoroughly understand every requirement in the RFP before submitting the proposal.

5. Understand that their proposal must be submitted by the required final filing date and time.

Procurement Official The Procurement Official contact information for the RFP is listed below:

Kayla Sly

DGS-PD

707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 799-4202 Email:Kayla.Sly@dgs.ca.gov All inquiries, questions, and copies of protests must only be directed to the Procurement Official referenced above, unless otherwise identified in the RFP or changed by addendum to the RFP. The Procurement Official or designee shall be the single point of contact. Oral communications directly with DGS-PD Procurement Officials and employees concerning the RFP shall not be binding to DGS-PD. Proposers should only rely on written statements issued by the Procurement Official.

Emailed proposal submittals must be sent per RFP Section 5, Proposal Format to the proposal submission email address identified below.

Proposal submission email: MSASolicitations@dgs.ca.gov.

Key Action Dates The important dates and times by which actions must be taken or completed are identified in Attachment 1 – Key Action Dates. If DGS-PD finds it necessary to change any of these dates, DGS-PD will release an addendum to the RFP. All dates after the proposal submissions are approximate and may be adjusted as conditions indicate without addendum to the RFP.

Proposals must be received in the designated email inbox by the date and time indicated in Attachment 1 – Key Action Dates.

Americans with Disabilities Act To meet and carry out compliance with the nondiscrimination requirements of Title II Americans with Disabilities Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodation for the procurement process, please contact the Procurement Division (PD) at (916) 375-4400 (main office) or (800) 559-5529 (toll free). PD’s TTY/TDD (telephone device for the deaf) and California Relay Service numbers are listed below. You may also directly contact the Procurement Official for this information.

IMPORTANT: To ensure that the State can meet your accommodation, it is best that requests are received at least 10 business days before the scheduled event (e.g., Proposer conference) or deadline due date for procurement documents.

The PD TTY telephone number is:

1. Sacramento Office: (916) 376-1891 The California Relay Service Telephone Numbers are:

1. Dial a voice CA at 711 or call:

· Voice: 1-800-735-2922 (English) or 1-800-855-3000 (Spanish)

2. TTY: 1-800-855-7100 (English) or 1-800-855-7200 (Spanish)

3. Speech to Speech (STS): 1-800-855-7300

SECTION 2 – RULES GOVERNING COMPETITION

Section 2 of the RFP provides the instructions for the competitive process.

Identification of RFP Requirements Requirements DGS-PD has established requirements in the RFP to submit proposals. The use of "shall", "must”, or "will" (except to indicate simple futurity) in the RFP, indicates a mandatory requirement or condition from which a deviation may not be waived by the State.

Desirable Items The words "should" or "may" in the RFP indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from or omission of a desirable feature, even if material, will not in itself cause rejection of the proposal.

Proposing Requirements and Conditions General A proposal is an irrevocable offer for 365 calendar days following the scheduled date for submission of proposals in Attachment 1 – Key Action Dates. A Proposer may extend its offer in the event of a delay of agreement award.

RFP Documents The RFP includes instructions which describe the format and content of proposals to be submitted, and the Proposed Form of Agreement that will be executed between DGS-PD and a successful Proposer.

If a Proposer discovers any ambiguity, conflict, discrepancy, omission, and/or other errors in the RFP, refer to RFP Section 2.2.3, Questions Regarding the RFP for instructions to submit inquires. If applicable, modifications will be made by addenda issued pursuant to RFP Section 2.2.4, Addenda.

If the RFP contains an error known to the Proposer, or an error that reasonably should have been known, the Proposer shall propose at their own risk. If the Proposer fails to notify DGS-PD of the error prior to the proposal submission due date and is awarded the Agreement, the Proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

Questions Regarding the RFP Proposers requiring clarification of the intent or content of the RFP, or on procedural matters regarding the competitive procurement process, may request clarification by submitting questions to the Procurement Official listed in RFP Section 1.6, Procurement Official via the Microsoft Question Submission Form. Proposers should clearly identify the questions, suggested changes, and/or comments, and specify the associated RFP section and page number(s). Questions must be submitted via the Question Submission Form by the scheduled date and time specified in Attachment 1 – Key Action Dates. Proposer's submitting questions via alternative methods will be directed to resubmit their questions via the Question Submission Form. Proposer’s may submit the Question Submission Form multiple times to submit additional questions.

At the sole discretion of DGS-PD, questions may be paraphrased or consolidated. If a Proposer submits an incomplete inquiry or a written question deemed not to be within scope, on or after the scheduled date, DGS-PD does not guarantee that an answer will be provided. Oral answers shall not be binding to DGS-PD.

Official responses to questions will be posted on Cal eProcure.

Addenda DGS-PD reserves the right to modify or cancel the RFP in its entirety or partially.

DGS-PD may modify the RFP by issuance of an addendum, which will be numbered consecutively if modifications are released multiple times. The Proposer is required to meet all requirements of the most current addendum including, and if applicable, any updated forms.

Proposing Steps Public Record All documents submitted in response to this RFP will become the property of the State of California. All proposals will be regarded as public records under the California Public Records Act (Government Code section 7920 et seq.). Proposers should be aware that marking any document "confidential" or "proprietary" in a proposal may exclude it from consideration for award and will not prevent the document from being made public.

0. Preparation Proposals shall be prepared in a manner that provides straightforward and concise information. Items and documents such as promotional materials, informational brochures and/or visuals are unnecessary and should not be included in the submitted proposal. Proposers should focus on following the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of their content provided.

Before submitting proposal documents, the Proposer should carefully proofread them for errors and adherence to the RFP requirements.

Proposer’s Cost Costs for developing proposals are entirely the responsibility of the Proposer and shall not be at the expense of DGS-PD.

Completion of Proposals Proposals must be complete in all respects in accordance with the RFP Section 5, Proposal Format. A proposal may be rejected if it is determined to be conditional, incomplete, if it contains any alterations of form, or contains other irregularities of any kind. A proposal will be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements.

0. False or Misleading Statements Proposals which contain false or misleading statements may be rejected. If during the evaluation of the proposal, DGS-PD deems information as misleading to the State and the aspect in question is a requirement of this RFP, it may be the basis for rejection of the proposal.

0. Signature of Proposal Proposers must complete the Agreement Cover Letter and include it with their proposal. The Agreement Cover Letter must be signed by an individual who is authorized to bind the proposing entity contractually. The acceptable signature format is specified in RFP Section 5, Proposal Format. An unsigned proposal shall be rejected.

0. Delivery of Proposal Proposer must submit their proposal as required in RFP Section 5, Proposal Format. Any risks associated with delivery of proposal, including, but not limited to, untimely delivery, undelivered email, etc., is the responsibility of the Proposer.

0. Withdrawal and Resubmission/Modification of Proposal Prior to the proposal submission deadline specified in accordance with Attachment 1 – Key Action Dates, a Proposer may withdraw their proposal by submitting a written notification of withdrawal, signed by the authorized personnel, on the Agreement Cover Letter.

After the notification of withdrawal is signed and received, the Proposer may submit a new or modified proposal prior to the proposal submission deadline.

Prior to the proposal submission deadline, should a Proposer submit multiple proposals without a notification of withdrawal, DGS-PD will deem the last received submittal as the final proposal to be evaluated.

Any oral or written modifications made to the proposal after the submission deadline will not be considered.

0. Rejection of Proposals DGS-PD may reject all proposals and may waive any immaterial deviation or defect in a proposal. DGS-PD's waiver of any immaterial deviation or defect shall in no way modify the RFP documents or excuse the Proposer from full compliance with the RFP specifications if awarded the Agreement.

Evaluation and Selection Process General Proposals will be evaluated in accordance with Section 6, Evaluation.

0. Evaluation Questions During the evaluation and selection process, DGS-PD may request the Proposer’s representative to answer specific questions in writing to clarify its submitted information but will not allow the Proposer to change its proposal.

DGS-PD requires assurance that the Proposer selected has all the resources to successfully perform. These include but are not limited to personnel with the skills required; financial resources sufficient to complete performance under the Agreement; and experience in similar endeavors.

If during the evaluation process, DGS-PD is unable to verify the Proposer's ability to perform services under the Agreement if awarded, DGS-PD may request any information necessary to determine the Proposer’s responsibility. If such information is required, the Proposer will be notified and will be permitted three business days to submit the requested information. At its sole discretion, DGS-PD reserves the right to extend the Proposer’s response time to submit the requested information.

0. Errors in the Proposal An error in the proposal may be cause for rejection of the proposal; however, DGS-PD may, at its sole discretion, correct obvious clerical errors and arithmetic errors. If the Proposer's intent is clearly established based on review of the complete proposal submittal, DGS-PD may, at its sole discretion, correct an error based on that established intent. Proposers are cautioned to not rely on DGS-PD to discover and report to the proposer any defects and/or errors in the submitted documents.

Notice of Intent to Award A Notice of Intent to Award will be publicly posted on the DGS-PD webpage and sent via email to any Proposer who submits a written request for notice to the Procurement Official. Requests shall include the email address(es) in which the notice will be sent.

Notice of Cancellation A Notice of Cancellation will be publicly posted on the DGS-PD webpage if this RFP is cancelled. A courtesy email notification may be sent to the proposers by DGS-PD.

Protest Award Protests

1. Proposers have the right to protest the award. Submit protests to both DGS-PD and the Department of General Services, Office of Legal Services (DGS-OLS) within five business days of the Notice of Intent to Award.

2. Submit any protest electronically by email, or by certified or registered mail to both of the following contacts listed in RFP Table 3:

RFP Table 3

Attn: Procurement Official 707 3rd Street, 2nd Floor West Sacramento, CA 95605 Email: Masters@dgs.ca.gov Attn: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Email: OLSProtests@dgs.ca.gov

3. Within five calendar days after filing the initial protest, the protestant shall file with DGS-OLS and DGS-PD a detailed statement specifying the grounds for the protest.

NOTE: The burden is on the protestant to ensure the protest and detailed statements are received timely. Protestants are strongly encouraged to submit protest electronically rather than risk delays through US mail.

Other Information Disposition of Proposals All materials submitted in response to the RFP will become the property of the State. The proposal will become a public record.

Debriefing At the request of the proposer, a debriefing may be held after MSA award to receive specific information concerning the evaluation. The discussion may be based on the administrative, technical, and cost evaluations of the Proposer's proposal. A debriefing is not the forum to challenge the RFP specifications, requirements, or MSA award.

SECTION 3 – PROPOSING REQUIREMENTS

Proposing requirements are identified in Section 3.1, Administrative Requirements, Section 3.5, Technical Requirements, and Section 4.1, Cost Requirements.

Administrative Requirements Proposing Regions and Healthcare Groups Proposers are required to complete and submit Attachment 5 – Proposing Regions and Healthcare Groups with its proposal.

If discrepancies are found between the submitted Attachment 5 – Proposing Regions and Healthcare Groups and the Attachment 2 – Cost Workbook, DGS-PD may, at its sole discretion, correct an error based on the Proposer’s established intent, as specified in RFP Section 2.4.3, Errors in the Proposal.

Agreement Cover Letter By signing the Agreement Cover Letter and submitting a proposal, a Proposer is agreeing to accept all terms and conditions outlined within Attachment 6 – Proposed Form of Agreement. Any alteration of Attachment 6 by a Proposer will result in rejection of their proposal.

Failure to submit the signed Agreement Cover Letter with the submitted proposal will result in the proposal being considered non-responsive. The Proposer also agrees to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

Contractor Certification Clauses Proposers are required to submit a completed Contractor Certification Clauses (CCC 04/2017) with their proposal.

California Civil Rights Laws Certification Pursuant to Public Contract Code (PCC) Section 2010, any Proposer entering into or renewing a contract over $100,000 on or after January 1, 2017, shall certify all the following:

1. That they are in compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code).

2. That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(a) Any policy that they have against any sovereign nation or peoples recognized by the Government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code).

(b) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations, or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code.

Proposers must submit a completed California Civil Rights Laws Certification with their proposal.

California Iran Contracting Act Pursuant to the Iran Contracting Act of 2010 (PCC Sections 2200 through 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the State for goods or services of $1,000,000 or more if the vendor engages in investment activities in Iran, as defined in the Act. Prior to submitting a proposal and prior to executing any State contract or renewal for goods or services of $1,000,000 or more, a vendor must complete and return the Iran Contract Act Certification form with their bid response certifying that it is not on the list of ineligible vendors prohibited from doing business with the State of California.

Proposers must submit a completed Iran Contracting Act Certification with their proposal.

California Darfur Contracting Act PCC Sections 10475-10481 apply to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to propose on or submit a bid for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services (DGS) to submit a proposal.

A scrutinized company is a company doing business in Sudan as defined in PCC Section 10476. Scrutinized companies are ineligible to, and cannot, propose on or submit a bid for a contract with a State agency for goods or services (PCC Section 10477(a)), unless written permission from the Director of DGS to propose on this procurement has been granted (PCC Section 10477(b)).

A proposer must submit a completed Darfur Contracting Act form with their proposal if their company currently or within the previous three years has had business activities or other operations outside of the United States.

Failure to submit the Darfur Contracting Act form with the submitted proposal will result in the Proposer being considered non-responsive.

If a Proposer has not conducted business outside of the United States in the last three years, this section does not apply.

Federal Debarment, Suspension, Ineligibility, and Voluntary Exclusion Expenditures from the MSAs resulting from the RFP may involve Federal funds. The Federal Department of Labor requires all State agencies which are expending Federal funds to have in the contract file, a certification by the Proposer that they have not been debarred nor suspended from doing business with the Federal government.

Proposers must submit the Federal Debarment Certification form with their proposal.

Generative Artificial Intelligence (GenAI) 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.

Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

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

The GenAI Reporting and Factsheet should be submitted with the proposal response. If this document is not included in the proposal response, Proposers shall provide it within five working days after request from the State. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Offeror.

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

Upon receipt of an Offeror GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject offers that present an unacceptable level of risk to the State.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. By submitting a proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid any time prior to agreement execution, or, if determined after agreement execution, shall be grounds for termination by the State.

California Secretary of State Certification If Proposer is a Corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), or a Limited Partnership (LP), or another entity type required to register, Proposer must be registered at the time of bid submission with the California Secretary of State (SOS) and in “Active” status if required by law.

If Proposer is “doing business as” (dba), whereas the name under which they operate its business differs from its legal, registered name, the Proposer must provide a Fictitious Business Name (FBN) filing with their proposal. If Proposer’s dba is listed on the SOS certification, no FBN is needed. DGS-PD reserves the right to request clarification.

Prohibition of Delinquent Taxpayers PCC Section 10295.4 prohibits the DGS from entering into an agreement for goods or services with any taxpayer, whose name appears on either the 500 largest tax delinquencies list maintained by the California Department of Tax and Fee Administration (CDTFA), or the Franchise Tax Board (FTB) pursuant to Revenue and Taxation Code Sections 7063 and 19195. Respectively, Section 10295.4 provides no exceptions to these prohibitions.

By submitting a proposal for this RFP, the proposer certifies that it is not included on either the FTB or CDTFA lists found at:

Preferences/Incentives Small Business Preference A five percent bid preference is available to proposers certified as a Small Business in accordance with GC Section 14835 et seq.

Proposers claiming the small business preference must be certified by California as a Small Business. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the proposal due date, and the OSDS must be able to approve the application as submitted. The Small Business regulations concerning the application and calculation of the Small Business preference, Small Business certification, responsibilities of Small Business, department certification, and appeals can be viewed in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, section 1896 et seq.).

Proposers claiming the Small Business preference must include the Bidder Declaration Form (GSPD-05-105).

Small Business Nonprofit Veteran Services Agencies (SB/NVSA) SB/NVSA prime Proposers meeting requirements specified in the Military and Veterans Code (MVC) Section 999.50 et seq. and obtaining a California certification as a Small Business are eligible for the five percent Small Business preference.

If applicable, claim the preference on Attachment 3 – Narrative Response. SB/NVSAs claiming the Small Business preference must possess certification by California prior to the day and time proposals are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

Non-Small Business Subcontractor Preference A Non-Small Business (Non-SB) Proposer may receive a preference of five percent if the business commits to subcontract at least 25 percent for every User Agreement with one or more California certified Small Businesses or microbusinesses.

If applicable, claim the preference on Attachment 3 – Narrative Response and include the Bidder Declaration Form (GSPD-05-105) in the proposal. Proposers who are claiming a Non-SB Subcontracting preference must identify certified SB(s) Subcontractors.

Proposers who commit to subcontracting a percentage to SBs shall do so for each User Agreement and must do so for the entire term of the MSA.

Failure to maintain SB subcontracting percentages will be considered a breach of contract and may result in termination of the MSA.

The Proposer understands and agrees that should award of this contract be based in part on their commitment to use the SB subcontractor(s) identified in their proposal, per 2 CCR Section 1896.10, a SB subcontractor may only be replaced if the Proposer submits a request in writing to DGS. The substitution request must include at least the following:

1) An explanation of the reason for the substitution.

2) The Proposer must substitute a Small Business with another Small Business. However, if the Small Business substitution cannot occur, the Proposer must include a written justification and the steps that were taken to try to acquire a new Small Business subcontractor and how that portion of the contract will be fulfilled.

3) A description of the work to be performed, identified both as a task(s) and as a dollar amount or percentage of the overall contract that the substituted business will perform. The substituted business(es), if approved, shall be required to perform a commercially useful function in the contract as defined in 2 CCR Section 1896.1.

The request for substitution of a SB and DGS’s approval or disapproval cannot be used as an excuse for noncompliance with any other provision of law, including but not limited to, the Subletting and Subcontracting Fair Practices Act (PCC Section 4100 et seq) or any other contract requirements relating to substitution of subcontractors.

Failure of the Proposer to subcontract with the SBs listed on its proposal to the State or follow these substitution rules may be grounds for DGS to apply such sanctions as GC Sections 14842 and 14842.5 and as State law permits. In the event such sanctions are imposed, the Proposer shall be notified in writing and entitled to a hearing pursuant to 2 CCR Sections 1896.18 and 1896.20.

Pursuant to GC Section 14841, upon completion of the contract for which a commitment to achieve SB participation was made, the contractor shall report to the awarding department the actual percentage of SB participation that was achieved.

Disabled Veteran Business Enterprise (DVBE) Program Requirements and Incentive The State has established goals for DVBE participation as outlined in the California DVBE Program Requirements.

This RFP requires a minimum of three percent DVBE participation per User Agreement. Proposer must specify on Attachment 3 – Narrative Response their DVBE percentage participation and provide the following forms with their proposal:

· Bidder Declaration Form

· DVBE Declaration Form Failure to complete and submit all required forms with the proposal that fully document and meet the DVBE program requirement may cause the proposal to be rejected.

The DVBE Incentive Program applies to this RFP. The California DVBE Bid Incentive Instructions include information about the DVBE incentive. It is separate from the DVBE Participation Program and was established in MVC Sections 999 et seq., and Title 2, California of Regulations, Sections 1896.99 (2 CCR Section1896.99) et seq., to encourage Proposers to partner with DVBE subcontractors.

The incentive is used only for evaluation purposes to arrive at the successful Proposer(s) and does not alter the amounts of the actual proposal. DGS shall apply a DVBE Incentive to proposals that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, and confirmed by DGS. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

Any responsive Proposer with the confirmed DVBE participation per the table below is eligible to receive the incentive. Proposers who are not responsive regardless of the amount of DVBE participation are not eligible to receive the incentive.

The following percentages in RFP Table 4 will apply for awards based on low price:

RFP Table 4

Application of the DVBE Incentive CANNOT displace a California certified SB.

Proposer understands and agrees that should award of this contract be based in part on their commitment to use the DVBE subcontractor(s) identified in their proposal, per MVC Section 999.5, a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the proposal and approved DVBE substitutions will be documented by contract amendment.

Failure of Proposer to seek substitution and adhere to the DVBE participation level identified in the RFP may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC Section 999.9; and PCC Section 10115.10. Pursuant to GC Section 14841, upon completion of the contract for which a commitment to achieve DVBE participation was made, the Proposer shall report to the awarding department the actual percentage of DVBE participation that was achieved.

If applicable, Proposer must claim the incentive on Attachment 3 – Narrative Response and provide the following with their proposal:

· Bidder Declaration Form

· DVBE Declaration Form Withhold: Upon completion of a contract for which a commitment to utilize DVBE subcontractors was made, the contractor shall certify compliance with MVC Section 999.5(d) by submitting a complete and accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD 817). Pursuant to MVC Section 999.7, $10,000 will be withheld from the final payment, or the full final payment if less than $10,000, until the prime contractor complies with the certification requirements of subdivision (d) of MVC Section 999.5. Prime contractor shall be given 30 days notice to cure the defect. If, after 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, DGS shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. To ensure accuracy and completeness of Contractor’s certification of payments to DVBE subcontractors, DGS may request proof of payment. All information provided by Contractors and contract records shall be retained for a minimum of six years from date of receipt.

Commercially Useful Function (CUF) Suppliers, whether the Proposer or a subcontractor, who have a California certification for one or more of the socio-economic programs (e.g., DVBE or SB), must perform a commercially useful function in the resulting MSA. CUF is defined in the MVC Section 999(b)(5)(B) for DVBE and in the GC Section 14837(d)(4)(A) for small business.

A Contractor, subcontractor, or supplier is not considered to perform a CUF if their role is limited to that of an extra participant through which funds are passed in order to obtain the appearance of participation. Proposers must describe compliance with a CUF requirement for each certified supplier (Proposer or subcontractors) on the Commercially Useful Function (CUF) Worksheet for each certified business identified, including the Proposer and identified subcontractors. If the Proposer or subcontractor has a California certification for one or more of the socio-economic programs (e.g., DVBE or SB), completed CUF worksheets must be submitted with the proposal.

Proposers may be required to submit additional written information clarifying regarding CUF to DGS. Failure to submit the requested written information, as specified, may be grounds for rejection of the proposal.

Payee Data Record By submitting a proposal, Proposer is agreeing to submit a completed Payee Data Record (STD 204) within five days of the State’s written request.

Insurance Requirements A successful Proposer awarded a MSA must maintain in force applicable insurance in accordance with Exhibit D – Insurance Provisions. Prior to MSA award, the successful Proposer must furnish an insurance certificate evidencing required insurance coverage acceptable to the State within five business days of request.

Technical Requirements The technical requirement for this RFP consists of the following:

a) Submission, verification, and rating of required customer references Documentation to Submit with Proposal Narrative Response The Proposer must submit Attachment 3 – Narrative Response in Excel format. The Narrative Response workbook contains administrative requirements and questions that Proposers must complete within the “Administrative” Tab of the workbook. Each question within Attachment 3 – Narrative Response must contain a response from the Proposer, and Proposers must include relevant documentation in their proposal to support their response, as stated in the “Detail/Request” (Column E) of the “Administrative” Tab.

Questions listed within the “Administrative” Tab are designed to obtain the Proposing entity’s administrative information and bidding preferences and/or incentives as stated in RFP Section 3.1, Administrative Requirements and RFP Section 3.2, Preferences/Incentives.

Written responses will be evaluated in accordance with RFP Section 6, Evaluation. Proposers should not provide written responses for questions not listed.

Customer References Customer references demonstrate to the State that the Proposer has experience providing THSS, as stated in the Attachment 6 – Proposed Agreement, Exhibit A – Scope of Work.

In reference to Attachment 4 – Customer References, a customer is defined as an end-user of the services provided by the Proposer.

Proposers must submit a minimum of two customer references for each proposed Healthcare Group. If proposing on a Healthcare Group, a customer reference must be provided for each THPP Classification within the Healthcare Group.

A single customer may provide a reference for multiple THPP Classifications and multiple Healthcare Groups.

Proposers will submit the Attachment 4 – Customer References spreadsheet, which contains a list of all customer references to be validated. In addition to submitting Attachment 4 – Customer References, Proposers must email all customer references a hyperlink to complete a Microsoft Customer Reference Form.

DGS-PD will automatically receive the submitted customer references through the Customer Reference Form. Proposers must also include a Microsoft Word copy of each customer reference to be validated with their proposal submission;…