RFP_9CA06930.pdf

STATE OF CALIFORNIA------- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA DEPARTMENT

OF FORESTRY & FIRE

PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

June 24, 2024 Request for Proposal - Secondary Notice to Prospective Proposers

RFP Number 9CA06930 You are invited to review and respond to this Request for Proposal (RFP) Number 9CA06930 titled Statewide CAL FIRE Diagnosis-Based Early Intervention Sports Recovery Model. In submitting your proposal, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFP. See Section D, Special Programs, Item 1, in this RFP for requirements Note that all Agreements entered into with California Department of Forestry and Fire Protection (CAL FIRE) will include, by reference, General Terms and Conditions (GTC 04/2017) and Contract Certification Clauses (CCC 04/2017) that must be downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language.

In the opinion of CAL FIRE, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFP is:

Christopher Cabanes California Department of Forestry & Fire Protection Email address: Christopher.Cabanes@fire.ca.gov

Please note that no verbal information given will be binding upon CAL FIRE unless such information is issued in writing as an official addendum.

Technical questions regarding this solicitation will be addressed, in writing, in accordance with the Questions and Answers portion of this RFP. See Section C, 2., Questions and Answers for more details.

Sincerely, CHRISTOPHER CABANES

Contracts Acquisitions Analyst http://www.fire.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:Christopher.Cabanes@fire.ca.gov

CAL FIRE

RFP Number 9CA06930

Table of Contents

Section Page

A) Purpose and Description of Service 3

B) Minimum Qualifications for Proposers 3

C) Proposal Requirements and Information 4

1. Time Schedule 4

2. Questions and Answers 4

3. Technical Proposal Requirements 4

4. Cost Proposal Requirements 7

5. California Civil Rights Laws 7

6. Darfur Contracting Act 7

7. Generative Artificial Intelligence (GenAI) 8

8. Mandatory Organic Waste Recycling 8

9. Submission of Proposal 9

10. Evaluation Process 11

11. Audit 13

12. Award and Protest 13

13. Disposition of Proposals 14

14. Standard Conditions of Service 14

D) Special Program(s) 15

1. Disabled Veteran Business Enterprise (DVBE) Participation

Requirements 15

2. Small Business Enterprise or Microbusiness Preference 16

3. Target Area Contract Preference Act (TACPA) 17

Attachments 1 Cost Proposal Worksheet 18 2 Technical Proposal – Provided By Bidder 19 3 Sample Reference Form 20 4 Proposal/Proposer Certification Sheet 21 5 Quotes from SB/DVBE Subcontractors 23 6 Required Attachment Checklist 24 7 Criteria for Evaluation of Consultant–Technical Proposal Evaluation 27 8 Criteria for Evaluation of Consultant Cost Proposal 31 9 Darfur Contracting Act Certification 32

10 Sample STD 213 Proposed Form of Agreement 33

A) Purpose and Description of Services

1. Purpose

It is the intent of the State of California, Natural Resources Agency, California Department of Forestry and Fire Protection (CAL FIRE) to award a service contract for a statewide early intervention injury management and navigation service which works in coordination with the existing workers’ compensation Medical Provider Network and existing healthcare programs. Initial contract to provide services for this Two (2)-Year Pilot Project, with the Department maintaining the option to extend to a third year of service under the same terms as bid by the successful Contractor. The option to extend shall be invoked if the initial two (2) year period was insufficient for CAL FIRE to determine the success of the pilot.

2. Description of Services Under the general direction of CAL FIRE, Contractor shall be responsible for assisting the injured individuals statewide in navigating the health care process. This service shall work on behalf of the individuals to schedule appointments with doctors, diagnostic testing services, physical therapy, and all related medical needs. This service shall usher the individuals through the process with the goal of eliminating unnecessary appointments; reducing the time to definitive care; and reducing the time between appointments. The service shall keep specified parties informed of all steps in the process and serve as the single point of contact regarding the contracted services for the injured individuals. This service shall work directly and collaboratively with CAL FIRE’s Workers Compensation process, as well as the injured individual’s insurance providers. Employees shall have access to services year-round; Anticipated but not limited to approximately 2,000 requests per year. Refer to the Proposed Form of Agreement, which is attached to this RFP as Attachment 10 (Proposed Form of Agreement), Exhibit A, Scope of Work for a more complete description of services.

B) Minimum Qualifications for Proposers

1. The Proposer must be either be an individual or firm currently licensed to do business in

California and provide proof of such as required in Attachment 6, Required Attachment Checklist.

2. The Proposer must have a business license or incorporation papers for their respective State, showing that their company is in good standing in that state (if the Prime Proposer’s base of operation is located outside the State of California) and provide proof of such as required in Attachment 1, Required Attachment Checklist.

3. Proposer must submit all items as required in Attachment 6, Required Attachment Checklist.

4. Contractor’s dedicated health coordinators shall be Licensed Certified Athletic Trainers (ATC) with sports medicine experience and provide proof of such as required in Attachment 6, Required Attachment Checklist.

5. Services shall be provided by a Contractor with a minimum of five (5) years’ experience working to provide similar services specifically to fire service personnel and/or other first responders.

6. All services shall be provided by the Contractor on a statewide basis.

7. Contractor shall provide statewide 24/7/365 access to service with a live representative.

Recordings, voicemail systems, and message services are not an acceptable alternative for this requirement.

8. Contractor shall extend statewide coverage to all immediate family members of covered members at no additional charge.

9. Contractor shall provide real time communication with stakeholders by the stakeholders preferred method of communication including but not limited to text, email, and phone calls. Stakeholders include but are not limited to the Employee and/or family member(s) receiving service, CAL FIRE’s Workers’ Compensation team (Return-to-Work Coordinators (RTWCs)), and State Compensation Insurance Fund’s (State Fund) assigned Claims Adjusters.

10. Contractor shall provide statewide services for injury care coordination that includes both on duty and off duty incidents.

C) Proposal Requirements and Information

1. Time Schedule

It is recognized that time is of the essence. All proposers are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time (Pacific Time)

RFP available to prospective proposers June 24, 2024 Written Question Submittal June 27, 2024 05:00 p.m.

Final Date for Proposal Submission July 09, 2024 05:00 p.m.

Posting of Notice of Intent to Award (estimate) Week of July 15, 2024 Proposed Agreement Award Date (estimate) Week of July 22, 2024

2. Questions and Answers A. Questions regarding this RFP must be submitted in writing by 05:00 p.m. PDT June

27, 2024. Proposers are encouraged to submit their written questions via e-mail to Christopher.Cabanes@fire.ca.gov.

B. Written questions must include the individual's name, Firm Name, complete address and must reference RFP No. 9CA06930.

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx).

It is the responsibility of the proposer to access the website for any changes or Addenda that may be posted. Refer to this RFP, Section C, 1., Time Schedule, for the schedule of events and dates/times. It is the responsibility of the proposer to check Cal eProcure for all addenda. Proposer can contact the Contract Analyst named above.

mailto:Christopher.Cabanes@fire.ca.gov https://caleprocure.com/pages/index.aspx

3. Technical Proposal Requirements:

A. One (1) pdf copy on a thumb drive will be required for the Technical Proposal.

Technical Proposal shall contain at a minimum, all required items listed below.

Requirement’s location must be listed in a Technical Proposal, Table of Contents.

Also see RFP Section C, Submission of Proposal, for submittal details.

1) Section 1. Introduction and Minimum Qualifications: Proposer shall provide

Statement of Qualifications, certifications, resumes, and/or curriculum vitae that outlines the following information:

2) Introduce its team and summarize the highlights of the proposal. Provide the information to demonstrate the minimum qualifications listed in RFP Section B) Minimum Qualifications for Proposers. Section 2. Project Management:

Proposer shall provide a Statement of Qualifications and Organizational Chart that outlines the following information:

a. Designate, by name, the Project Manager to be employed. Project Manager shall be responsible for implementing the Scope of Work, overseeing the activities of the project team, and shall be the single point of contact for this contract. The Project Manager must be available to CAL FIRE as needed to effectively manage this contract. The selected Contractor shall not cause the substitution of the Project Manager without prior written approval of

CAL FIRE.

b. Explain how the various tasks will be managed and coordinated, and how the Project Manager’s technical expertise will support the effective management and coordination of all activities described in the Scope of Work.

c. Provide an organizational flow chart showing the hierarchy of the Proposer’s team personnel that will be utilized during the term of the Agreement. The chart must show the relationship between the Project Manager and personnel of the proposer’s organization and other parties (including subcontractors) to the proposal.

3) Section 3. Personnel: Proposer shall provide Statement of Qualifications, certifications, resumes, and/or curriculum vitae that outlines the following information. Proposer shall identify the proposed team and key personnel. Key personnel shall have experience with, and in-depth knowledge of, techniques and procedures necessary to accomplish the various tasks listed in Attachment 10 (Proposed Form of Agreement), Exhibit A, Scope of Work.

a. Identify all key personnel of the prime contractor who will be working under the Agreement and provide brief (two (2) pages maximum) resumes for each personnel. Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement.

b. Introduce the proposed subcontractor organizations, if any, and provide qualifications, roles, and responsibilities for the company/organization as a whole. Provide brief (two (2) pages maximum) resumes for each of the subcontractors’ key personnel listed to provide services under the Agreement.

Include titles, education, academic degrees, professional licenses, qualifications, proposed roles and responsibilities, summaries of similar work performed and expected level of availability for this Agreement. (The cost of the subcontracted work is to be itemized in the Cost Proposal as described below in Cost Proposal Requirements.)

4) Section 4. Qualifications and Experience: Proposer shall provide samples of work including but not limited to dashboards and/or applications created, copies of established local medical provider network listings, matrices for ensuring Health Insurance Portability and Accountability Act (HIPAA) compliance:

a. Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this scope of work.

b. Provide a table or matrix of relevant, previous contracts or projects cross-referenced with the requested services. Indicate the number of years of experience in each area as well as the approximate number of clients served during that time period.

c. Provide a minimum two (2) and maximum five (5) samples of relevant work experience identified under Task One (1) through Task Twenty-Four (24) in the Scope of Work (Attachment 10, Exhibit A, Scope of Work, Section 9, D).

5) Section 5. Work Plan and Work Schedule: Proposer shall provide a work plan and/or schedule for task completion. Identify each major task, necessary subtasks, and/or specific milestones by which progress can be measured and payments made. Provide a detailed description of the techniques, approaches, and methods to be used in performing the services (tasks and sub-tasks) listed in Attachment 10 (Proposed Form of Agreement), Exhibit A, Scope of Work.

The work plan or schedule shall specify the estimated hours to accomplish each task.

6) Section 6. Facilities and Resources: Proposer shall provide a Statement of Qualifications that outlines the following information:

a. Identify the location of the prime contractor and subcontractor’s headquarters and satellite office(s) and proposed methods of minimizing costs to

CAL FIRE.

b. Describe the facilities, infrastructure, and resources available to the team.

c. Describe organizational flexibility in resource allocation to deal with potential unforeseen issues and circumstances, in the interest of completing the project on time.

d. Describe the organizational strategy and tools to facilitate, promote, and maintain effective team work internally, and with clients.

7) Section 7. References: Proposer shall provide a minimum of two (2) references and a maximum of three (3) references. The references must be clients for whom the proposer has performed similar or related work in the past, preferably within the last five (5) years. Each reference must be in the format listed in Attachment 3, Sample Reference Form.

B. Page Headers and Page Numbering All pages of the Technical Proposal, including cover pages, Table of Contents, references, and resumes, shall have the following header and page numbering format in the upper right-hand corner:

Technical Proposal Date:

Agreement: 9CA06930 Attachment 2 Page # of ##

C. Brochures, thumb drives, drawings, and other promotional documents being submitted with the Technical Proposals shall be clearly identified as to the name of the proposer and the RFP number.

4. Cost Proposal Requirements A. Cost Proposal, and only the Cost Proposal, shall list all items that will be charged to

CAL FIRE for this Agreement. Cost information of any kind for this Agreement is not allowed in the Technical Proposal. Cost Proposal shall include both prime Contractor and all subcontractors cost information. Cost Proposals shall follow the format provided in the sample Attachment 1, Cost Proposal Worksheet, and shall be submitted along with Technical Proposal in one (1) sealed envelope. The resulting Agreement cannot exceed the budgeted allocation of $1,800,000.00 for two (2) years. Any proposal more than $1,800,000.00 shall be deemed non-responsive.

B. One (1) pdf copy on a thumb drive is required for the Cost Proposal. Cost Proposal shall contain at a minimum, all required items listed below:

1) Cover page in the format listed on page 1 of Attachment 1, Cost Proposal Worksheet.

2) Prime Contractor’s cost breakdown in the format listed on page 2 of Attachment 1, Cost Proposal Worksheet.

3) Each subcontractor’s cost breakdown (separately) in the format listed on page 3 of Attachment 1, Cost Proposal Worksheet.

C. Page Headers and Page Numbering All pages of the Cost Proposal, including cover pages, Table of Contents shall have the following header and page numbering format in the upper right-hand corner:

Cost Proposal Date Agreement No. 9CA06930 Attachment 1 Page # of ##

5. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a State agency with respect to any contract in the amount of $100,000 or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California

Civil Rights Laws Certification and submit with bid.

6. Darfur Contracting Act

A. The Darfur Contracting Act (Pub. Cont. Code Sections 10475-10481) applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification and submit with bid.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, you do not need to complete Darfur Contracting Act Certification.

C. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (Pub. Cont. Code Section 10477(a)).

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code Section 10477(b).

7. Generative Artificial Intelligence (GenAI) A. “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.

B. Bidders/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. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

C. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and 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.

D. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet 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.”

E. Generative Artificial Intelligence (GenAI) can also be download here: STD 1000 Generative Artificial Intelligence (GenAI) Disclosure & Factsheet (ca.gov). It is https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf included as a required Attachment at the end of this Solicitation Generative Artificial Intelligence (GenAI) Disclosure & Factsheet, Attachment.

8. Mandatory Organic Waste Recycling The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this Section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit, or abrogate the contractor’s right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Section 42649.8 et seq.

9. Submission of Proposal A. 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 may be sufficient cause for rejection of a proposal or reduction in points/score during evaluation.

B. The original proposal must be single sided and marked "ORIGINAL COPY". All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

C. CAL FIRE does not accept alternate Agreement language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC 04/2017) are not negotiable. The GTC 04/2017 may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

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

E. All proposals shall include the documents identified in this RFP’s Required

Attachment Checklist, Attachment 6. Proposals not including the proper "required attachments" may be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

F. Responses to this RFP shall be submitted in one sealed package/envelope containing both the Technical Proposal –one pdf copy on a thumb drive, and Cost Proposal –one (1) pdf copy on a thumb drive. The Technical Proposal and Cost Proposal shall be submitted on two (2) separate thumb drives.

G. Proposals must be submitted no later than 5:00 p.m., July 09, 2024, and addressed as follows (reference Section C., 1., Time Schedule):

Proposals received after this time and date will be rejected and returned unopened.

The proposal package/envelope must be plainly marked with the RFP number and title, your Firm Name, address, and must be marked with "DO NOT OPEN", as shown in the following example:

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

Address RFP Number 9CA06930 RFP Title Statewide First Responders Diagnosis-Based Early Intervention Sports Recovery Model Do Not Open

Proposals not submitted under sealed cover and marked as indicated may be rejected. If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided.

H. Proposals must be submitted for the performance of all services described herein.

Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

I. Proposals (Technical and Cost) must be sealed and labeled (as instructed below).

Mail or deliver package to the following location:

Mailed To:

California Department of Forestry & Fire Protection Business Services Office (BSO) Attention: Christopher Cabanes P.O. Box 944246 Sacramento, CA 94244-2460 Deliver To:

California Department of Forestry & Fire Protection Business Services Office (BSO) Attention: Christopher Cabanes 710 Riverpoint Court West Sacramento, CA 95605

In the upper portion of the sealed mailing envelope, label outer package:

RFP Number 9CA06930 RFP Title Statewide First Responders Diagnosis-Based Early Intervention Sports Recovery Model Firm Name: (Add firm name)

DO NOT OPEN

*If your proposal is hand delivered, you must date, and time stamp it immediately upon arrival, ask the security guard to call the Mail Room to have your proposal package picked up by CAL FIRE staff.

J. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. CAL FIRE may reject a proposal that is not responsive, does not meet the technical standards, or is not from a responsible proposer, or may reject all proposals. CAL FIRE may also waive any immaterial deviation in a proposal. CAL FIRE waiver of immaterial defect shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if the proposer is awarded the Agreement.

K. Costs for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the proposer and shall not be charged to the State of California.

L. Only an individual who is authorized to contractually bind the proposing firm shall sign the Proposal/Proposer Certification Sheet, Attachment 4. The signature must indicate the title or position that the individual holds in the firm. The proposer’s proposal may be rejected if the Proposal/Proposer Certification Sheet is not signed.

M. A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline.

Proposal modifications offered in any other manner, oral or written, will not be considered.

N. A proposer may withdraw its proposal by submitting a written withdrawal request to CAL FIRE that is signed by the proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the proposal submission deadline.

Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

O. CAL FIRE may modify the RFP up to the specified time of the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package. All addenda prior to the submission deadline are also posted on Cal eProcure at https://caleprocure.com/pages/index.aspx.

P. CAL FIRE reserves the right to reject all proposals for reasonable cause. CAL FIRE is not required to award an agreement.

Q. Proposers are cautioned to not rely on CAL FIRE during the evaluation to discover and report to the proposer any defects and errors in the submitted documents.

Before submitting their documents, proposers should carefully proof them for errors and adherence to the RFP requirements.

R. Where applicable, proposer should carefully examine work sites and specifications.

Proposer 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.

S. More than one (1) proposal or a proposal that includes various options or alternatives from an individual, firm, partnership, corporation, or association under the same or different names, will be rejected. Reasonable grounds for believing that any proposer has submitted more than one (1) proposal for the work contemplated herein will cause the rejection of all proposals submitted by that proposer. If there is reason for believing that collusion exists among the proposers, none of the participants in such collusion will be considered in this or future procurements.

T. Proposer must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/osp/pdf/std204. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

https://caleprocure.com/pages/index.aspx http://www.documents.dgs.ca.gov/osp/pdf/std204

U. Proposer must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at http://www.ols.dgs.ca.gov/Standard%20Language/default.htm.

10. Evaluation Process A. Format Requirements

1) At the time of proposal opening, each proposal will be checked for the presence and/or absence of required information in conformance with the submission requirements of this RFP. Proposals that do not provide requested information may be rejected as non-responsive.

2) Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the proposer, shall be rejected.

B. Evaluation of Proposals

1) CAL FIRE will evaluate each proposal to determine its responsiveness to CAL FIRE needs. Proposals meeting the Minimum Qualifications will be further assessed by an evaluation committee. Technical Proposals of Proposers that are determined to be responsive will be rated by the evaluation committee using a consensus process. The Consensus scoring will be based on the scoring method listed below:

Evaluation Factor/Sub Factor Weight (as stated in the Criteria for Evaluation)

X Consensus Rating

= Weighted Score

Consensus Rating (Range: 0-4) Rating Definitions

4 Exceeded All Requirements 3 Partially Exceeded Requirements 2 Met All Requirements 1 Partially Met Requirements 0 Requirements Not Met

Example only: Weight Consensus Rating

Weighted Score

Contractor's Approach to Technical Work 2 X 3 = 6

2) Technical Proposal Evaluation Technical Proposals that are determined to be responsive and meet the proposal submission requirements will be evaluated and scored in accordance with Attachment 7, Criteria for Evaluation of Proposer’s Technical Proposal.

3) Cost Proposal Evaluation

Factor/Sub Factor http://www.ols.dgs.ca.gov/Standard%20Language/default.htm

Cost Proposals that meet the proposal submission requirements will be evaluated and scored in accordance with Attachment 8, Criteria for Evaluation of Proposer’s Cost Proposal.

4) The final proposal score will be the combined evaluation scores from the Technical Proposal and Cost Proposal. The Agreement will be awarded to the Proposer with the highest combined score who meets the requirements outlined in this RFP, pending approval of proposal’s satisfactory compliance of DVBE requirements, and approval of any applicable Preference and Incentive Programs set forth in this RFP.

C. Miscellaneous Award Issues CAL FIRE does not negotiate rates and/or costs listed on any Cost Proposal submitted for the RFP.

If no proposals are received containing bids offering a price, which in the opinion of CAL FIRE is a reasonable price, CAL FIRE is not required to award an Agreement (Pub. Cont. Code Section 10344 [d]).

The proposer is advised that should this RFP result in an award of an Agreement, the Agreement will not be in force and no work shall be performed until the Agreement is fully approved by CAL FIRE and the proposer is notified by the Contract Manager to begin work.

In the event of a precise tie, lots will be drawn to determine the successful proposer, or if applicable, the tie will be broken in accordance with Government Code Section 14838(f).

D. NOTE: There will be no individual sheets, no written scores, and no written notes.

11. Audit

Contractor agrees that CAL FIRE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement (GC § 8546.7, PCC § 10115 et seq., CCR Title 2, §1896). Contractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10.

12. Award and Protest A. Notice of Intent to Award shall be posted on the following Internet site:

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx for five (5) working days prior to awarding the Agreement.

B. Proposers have the right to protest the award of CAL FIRE Agreements subject to the following grounds, processes, and procedures.

https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

If any proposer, prior to the award of Agreement, files a protest with the DGS, Office of Legal Services, on the grounds that the (protesting) proposer would have been awarded the Agreement had the Agency correctly applied the evaluation standard in the RFP, or if the Agency followed the evaluation and scoring methods in the RFP, the Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter. It is suggested that you submit any protest by certified or registered mail to:

California Department of General Services Office of Legal Services

Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330

West Sacramento, CA 95605 Phone Number: (916) 376-5098 Email: OLSProtests@dgs.ca.gov

Within five (5) days after filing the initial protest, the protesting proposer shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. A copy of the detailed written statement should be mailed to CAL FIRE. It is suggested that you submit any protest by certified or registered mail.

13. Disposition of Proposals 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 Sections 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents.

However, the contents of all proposals, draft proposals, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a proposer's proposal, shall be held in the strictest confidence until the “Notice of Intent to Award” is posted. We recommend that you register the copyright for any proprietary material submitted.

14. Standard Conditions of Service A. Service shall be available no sooner than the express date set by CAL FIRE and the proposer, after all approvals have been obtained and the Agreement is fully executed. Should the proposer fail to commence work at the agreed upon time, CAL FIRE, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the proposer shall be liable to the State for the difference between proposer’s proposal price and the actual cost of performing work by the second lowest proposer or by another Contractor.

B. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

C. Antitrust Provisions In submitting a bid to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act, Chapter 2, mailto:OLSProtests@dsg.ca.gov commencing with Section 16700, of Part 2 of Division 7 of the Bus. and Prof.

Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer (See Government Code Section 4552).

If the awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid.

Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (See Government Code Section 4554).

D. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in Section 17030 of the California Business and Professions Code. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise;

or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

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

F. If the proposer is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the proposer will be liable to CAL FIRE for actual damages resulting to CAL FIRE therefrom or 10 percent (10%) of the amount proposed, whichever is less.

D) Special Program(s) CAL FIRE Advocates CAL FIRE Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES: sbdvbe.advocate@fire.ca.gov The following Special Program(s) are applicable to this RFP.

1. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

A. DVBE Participation Program with NO Goals A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this RFP. See Section D, Item 2, Paragraph B, in this RFP for requirements.

mailto:sbdvbe.advocate@fire.ca.gov

B. DVBE Incentive Program The DVBE Incentive Program applies to this solicitation. It is separate from the

DVBE Participation Program and was established in Military and Veterans Code, Section 999 et seq., and 2 CCR Section 1896.99 et seq., to encourage proposers to partner with DVBE subcontractors. The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible proposer with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Proposers who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

CAL FIRE will apply an incentive to proposals proposing the utilization of DGS Certified DVBE firms identified on the Bidder Declaration, GSPD-05-105.

Information provided on the Bidder Declaration, GSPD-05-105 shall be verified by CAL FIRE prior to the award of the contract. The incentive points are equal to a percentage of the total possible points based on the amount of DVBE participation in the proposal being evaluated per the Tables below.

Tables for RFP Goal Not Required

Verified DVBE Participation DVBE Incentive Amount 5% or more 5%

4% - 4.99% 4%

3% - 3.99% 3%

2% - 2.99% 2%

0.1% - 1.99% 1%

When applying the DVBE incentive, a Non-SB shall not displace an award to a California Certified Small Business. Nor shall the DVBE incentive exceed five percent (5%) of the total possible available points.

Additional information: https://www.dgs.ca.gov/PD/About/Page-Content/PD- Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran- Business-Enterprise/Certification-Program

2. Small Business Enterprise or Microbusiness Preference A. Government Code Section 14835 et seq. requires that a five percent (5%) preference be given to proposals who qualify as a Certified SB or MB. The rules and regulations of this law, including the definition of a small business for the delivery of services, are contained in 2 CCR 1896 et seq.

B. To claim the SB or MB preference, your firm must have its principal place of business located in California and be certified by the DGS, Office of Small Business and Disabled Veteran Business Services (OSDS). If proposer is claiming the five percent (5%) certified SB or MB preference, complete the Attachment 4, Proposal/Proposer Certification Sheet, Section 14 and attach a copy of your certification.

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program

C. Pursuant to Government Code Section 14838 and 2 CCR 1896, if a proposer is not a certified SB but wishes to be eligible for the five percent (5%) "non-SB" preference, the proposer must subcontract at least twenty five percent (25%) of its net proposed price to one or more certified small businesses. If proposer is claiming the five percent (5%) “non-SB” preference, complete the Attachment 4, Proposal/Proposer Certification Sheet, Section 14, and complete Bidder Declaration form, GSPD-05- 105, with the names of all certified SB firms being claimed for credit. Attach a copy of the subcontractor’s Certified SB certificate for each SB subcontractor and a copy of all SB subcontractor’s quote to the Bidder Declaration form, GSPD-05-105.

D. Certified SB and MB bidder(s) shall have precedence over “Non-SB” proposers in the application of SB preference(s).

E. SB Preferences may not be applied to any proposal deemed non-responsive with the solicitation instructions or from a responsible proposer.

F. Questions regarding the certification approval process or SB program should be directed to DGS, OSDS at (800) 559-5529. For the 24-hour recording call (916) 375- 4940, or submit E-mail requests to: OSDSHelp@dgs.ca.gov Additional References: https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch- Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business- Enterprise/Certification-Program

G. SB or MB proposers or proposers using the “Non-Small Business” preference shall be granted a preference consisting of five percent (5%) of the highest responsible proposer’s total score if the highest scored proposal is from a non-certified SB or

MB.

3. Target Area Contract Preference Act (TACPA) A. Promotes economic development and employment opportunities in designated distressed areas, by offering bidding preferences in specified state contracts.

B. For more information: http://www.dgs.ca.gov.

mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/Office-of-Small-Business-and-Disabled-Veteran-Business-Enterprise/Certification-Program http://www.dgs.ca.gov/

Attachment 1

COST PROPOSAL WORKSHEET

Proposer's Company Name:

Proposer must complete the cost proposal worksheet – cost proposal amount bid form and include it with the proposal response. CAL FIRE reserves the right to correct and revise calculation errors made by the proposer.

Cost for CAL FIRE Injury and Accommodations Early Intervention Sports Recovery Service.

Description of Service Quantity Cost per Month Total Estimated Cost Statewide Early Intervention Sports Recovery (estimated 30 employees) (month one (1))

1 $ $

Statewide Early Intervention Sports Recovery (estimated 70 employees) (month two (2))

1 $ $

Statewide Early Intervention Sports Recovery (estimated 170 employees) (months three (3) - 24)

22 $ $

Total Estimated Cost for Services for Two (2) -Year Contract Term (with Option to Extend to Three (3) Year)

Attachment 2

Technical Proposal Provided by Bidder

Please see page 4-6 on the RFP guidelines for more information and guidance.

Attachment 3

Sample Reference Form

Each reference shall include the following information:

Name of firm/organization (Prime Contractor) that provided services:

Client firm/organization name and address:

Contact Name:

Title:

Email Address:

Phone Number:

Street Address:

Brief description of the project, including services and deliverables:

Agreement term (dates):

Agreement value/cost:

Highlights relevant and applicable to this RFP:

Attachment 4

Proposal/Proposer Certification Sheet Only an individual who is authorized to bind the proposing firm contractually shall sign the Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. This Proposal/Proposer Certification Sheet must be signed and returned along with all "required attachments" as an entire package with original signatures.

The proposal must be transmitted in a sealed envelope in accordance with RFP instructions.

A. Our all-inclusive proposal is submitted in a sealed envelope marked “Cost Proposal–Do

Not Open”.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this proposal document. The signature below authorizes the verification of this certification.

D. The signature and date affixed hereon certifies that this proposal is a firm offer for a 90-day period.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Rejection

1. Company Name 2. Telephone

2a. Fax Number

3. Address

E-mail Address:

Indicate your organization type:

4. Sole Proprietorship 5. Partnership

6. Corporation 6a. L.L.C. Limited Liability Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN): 8. California Corporation No.:

9. Indicate applicable license and/or certification information:

10. Proposer’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Y ” Date application was submitted to OSBCR, if an application is pending:

Attachment 4 Completion Instructions for Proposal/Proposer Certification Sheet

Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office.