RFP_DCA-24-01_Recovery_Program_2024_final.pdf

STATE OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS

REQUEST FOR PROPOSAL (Secondary)

No. DCA-24-01

RECOVERY PROGRAM

August 27, 2024

Notice to Prospective Proposers:

You are invited to review and respond to this Request for Proposal (RFP), RFP No. DCA-24-01 entitled “Recovery Program” being requested by the Department of Consumer Affairs (DCA) and its regulatory entities, hereafter referred to as “Boards.” In submitting your proposal, you shall comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at the following Internet site: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the DCA, this RFP is complete and without need of explanation. However, specific questions regarding submitting a proposal shall be submitted in accordance with Sections G.6. The contact person for this RFP is shown below:

Michelle Gutierrez, Contract Administrator Tel: (279) 278-5788

BSOAdmin@@dca.ca.gov

The Disabled Veteran Business Enterprise (DVBE) Participation requirement is waived for this RFP.

However, DVBE participation is highly encouraged through the use of the DVBE Incentive. DVBE information can be found in RFP Appendix 7.

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

Department of Consumer Affairs Business Services Office - Contracts 1625 North Market Blvd. Suite S-103 Sacramento, CA 95834

Business Services Office, Contracts and Procurement 1625 N. Market Blvd., Suite S-103, Sacramento, CA www.dca.ca.gov

BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY • GAVIN NEWSOM, GOVERNOR

Department of Consumer Affairs RFP No. DCA-24-01 Recovery Program Page 2 of 269

Table of Contents

SECTION A – INTRODUCTION AND OVERVIEW OF REQUIREMENTS

A.1 Purpose and Description of Services A.2 Overview A.3 Background A.4 Problem Statement A.5 Statutory Authority Relating to Recovery Program A.6 Contract Period A.7 Availability A.8 Contractor Payment and Performance Incentive Withhold A.9 Liquidated Damages A.10 Solicitation Process Overview A.11 Confidentiality Statement A.12 Scope of the RFP and Proposer Admonishment

SECTION B – MINIMUM REQUIREMENTS FOR PROPOSERS

SECTION C – SCOPE OF WORK REQUIREMENTS

SECTION D – FUNCTIONAL REQUIREMENTS:

SECTION E – PARTICIPANTS’ RECOVERY AGREEMENT REQUIREMENTS

SECTION F – RFP PROCEDURES

SECTION G – PROPOSAL INSTRUCTIONS AND BID FORMAT

SECTION H – EVALUATION AND SCORING PROCESS

SECTION I – RFP APPENDICES

APPENDIX 1 – PROPOSAL/PROPOSER CERTIFICATION SHEET

APPENDIX 2 – COST PROPOSAL

APPENDIX 3 – PROPOSER MINIMUM REQUIREMENTS STATEMENT

APPENDIX 4– PROPOSER HISTORY AND BACKGROUND FORM*

APPENDIX 5 – CUSTOMER REFERENCE FORM

APPENDIX 6 – KEY PERSONNEL RESUME FORM

APPENDIX 7 – DVBE

APPENDIX 8 – BIDDER DECLARATION

APPENDIX 9 – SMALL BUSINESS PREFERENCE

APPENDIX 10 – TARGET AREA CONTRACT PREFERENCE ACT (TACPA) PREFERENCE

APPENDIX 11 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

APPENDIX 12 – PAYEE DATA RECORD (STD 204)

APPENDIX 13 – CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

APPENDIX 14 – SUBCONTRACTOR LIST

APPENDIX 15 – PRIME CONTRACTOR BUSINESS INFORMATION

APPENDIX 16 – CERTIFICATION TO COMPLY WITH SCOPE OF WORK REQUIREMENTS AND FUNCTIONAL

REQUIREMENTS

APPENDIX 17 – COVER LETTER INFORMATION

APPENDIX 18 – DARFUR CONTRACTING ACT

APPENDIX 19 - GENAI REPORTING AND FACTSHEET

SECTION J – SAMPLE CONTRACT (STD 213)

EXHIBIT A – SCOPE OF WORK

EXHIBIT A – ATTACHMENT 1 BOARD SPECIFIC REQUIREMENTS BOARD OF REGISTERED NURSING (BRN) 146 EXHIBIT A – ATTACHMENT 2 BOARD SPECIFIC REQUIREMENTS DENTAL BOARD OF CALIFORNIA (DBC)

EXHIBIT A – ATTACHMENT 3 BOARD SPECIFIC REQUIREMENTS BOARD OF PHARMACY (BOP)

EXHIBIT A – ATTACHMENT 4 BOARD SPECIFIC REQUIREMENTS PHYSICAL THERAPY BOARD OF

CALIFORNIA (PTBC)

EXHIBIT A – ATTACHMENT 5 BOARD SPECIFIC REQUIREMENTS PHYSICIAN ASSISTANT BOARD (PAB) EXHIBIT A – ATTACHMENT 6 BOARD SPECIFIC REQUIREMENTS VETERINARY MEDICAL BOARD (VMB) EXHIBIT A – ATTACHMENT 7 BOARD SPECIFIC REQUIREMENTS OSTEOPATHIC MEDICAL BOARD OF

CALIFORNIA (OMBC)

EXHIBIT A – ATTACHMENT 8 BOARD SPECIFIC REQUIREMENTS DENTAL HYGIENE BOARD OF CALIFORNIA

(DHBC)

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT B-1 – COST SHEET

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

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EXHIBIT E – ADDITIONAL TERMS AND CONDITIONS

APPENDIX 1 – DEFINITIONS RELATING TO THE RECOVERY PROGRAM

APPENDIX 2 – BASE PANEL RANDOM DRUG SCREENING PROGRAM TESTING PROTOCOL

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SECTION A – INTRODUCTION AND OVERVIEW OF REQUIREMENTS

A.1 Purpose and Description of Services

This Request for Proposal (RFP) is to select a Contractor who shall work cooperatively with the California Department of Consumer Affairs (DCA) and its participating regulatory entities to implement and administer a statewide program covering substance abuse and mental illness. The DCA Recovery Program is a statewide, comprehensive, substance abuse and/or mental illness program, involving treatment, rehabilitation, monitoring, compliance referrals and recovery for health care professionals.

The estimated number of participants in the Recovery Program is approximately 272. The Recovery Program is for health care professionals regulated by the following State Boards (hereafter referred to as “Boards”):

1. Board of Registered Nursing (BRN has 215 participants* in Recovery Program)

2. Dental Board of California (DBC has 0 participants* in Recovery Program)

3. California State Board of Pharmacy (BOP has 27 participants* in Recovery Program)

4. Physical Therapy Board of California (PTBC has 10 participants* in Recovery Program)

5. Physician Assistant Board (PAB has 5 participants* in Recovery Program)

6. Veterinary Medical Board (VMB has 1 participants* in Recovery Program)

7. Osteopathic Medical Board of California (OMBC has 11 participants* in Recovery Program)

8. Dental Hygiene Board of California (DHBC has 4 participant* in Recovery Program)

The eight Boards are under the administrative authority of the DCA.

*Participant numbers are estimates and may fluctuate throughout the duration of the contract.

For definitions relating to the DCA Recovery Program, please review Section J, Sample Contract, Appendix 1.

A.2 Overview

The Recovery Program is a program for health care professional licensees with substance abuse, mental illness, or both. The Recovery Program’s purpose is to protect the public by early identification of impaired health care professionals. It provides these individuals immediate access to appropriate intervention and treatment services so they can recover and return to practice in a manner that will not endanger the public’s health and safety.

The goals of the Recovery Program are public protection and to provide those impaired practitioners a means of recovery without the loss of their license to practice. Consequently, it is essential that practitioners with substance abuse and/or mental illness are monitored closely and removed from practicing and/or restricted from practice should they pose a threat to the public or themselves.

To enhance the Recovery Program’s effectiveness and efficiency, the Boards contract with a private entity that has expertise and knowledge in substance abuse, mental illness, and the treatment of impaired health care professionals.

A.3 Background

The Boards, in addition to their standard regulatory responsibilities, are authorized by statute to administer a Recovery Program for eligible licensees. The Recovery Program is a statewide, confidential, comprehensive program for the referral, treatment, rehabilitation, and monitoring of those licensees whose competency may be impaired due to substance abuse, mental illness, or both.

Although the participating Boards have separate authorizing statutes and unique components, there are features, standards, and services that are common to all. As such, the Boards have been pooled into one Recovery Program agreement and to the extent permitted by law, are considered as one client.

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Each Board has a Recovery Program Manager (RPM) who has administrative oversight over that Board’s Recovery Program and functions as the primary liaison between the Contractor and that Board. Additionally, a Recovery Program Committee (RPC) is responsible for providing contract oversight to resolve and correct issues with the Contractor. The RPC consists of representatives from the participating Boards, DCA Office of Administrative Services, DCA Contracts Unit, and the DCA Legal Office.

The following Boards have statutory authority to establish Recovery Evaluation Committees (EC) comprised of members with expertise in substance abuse and/or mental illness: BRN, DBC, PTBC, VMB, OMBC, PAB, and DHBC. The number of ECs and assigned members vary by Board.

For those Boards that utilize ECs (BRN, DBC, VMB, DHB, and OMBC), the ECs are an integral part of the monitoring program. Some of the EC responsibilities include, but are not limited to,:

1. Evaluate and approve licensees’ applications for participation in the Board’s Recovery Program.

2. Develop, approve, and amend participants’ recovery agreements.

3. Determine whether program participants may, under certain conditions, continue or resume practice safely.

4. Determine when participants may successfully complete the Recovery Program.

5. Terminate an applicant or participant from the Recovery Program for reasons other than successful completion.

Currently, the PTBC and PAB do not have ECs. Further, the BOP does not have the statutory authority to establish an EC. The PTBC, PAB, and BOP all rely upon the expertise of the Contractor to perform the EC responsibilities, in addition to the administration and execution of the Board’s Recovery Program. The BOP, PAB, and PTBC utilize the Contractor’s expertise in conjunction with the Board’s expertise to carry out these functions.

Participants in the Recovery Program are licensees of the eight Boards. They shall meet the eligibility requirements specified in their respective Board’s statutes and regulations. Upon admission to the Recovery Program, each participant shall agree to the terms of an individually tailored recovery agreement. Furthermore, unless otherwise specified by a Board in this RFP, participants are responsible for all Recovery Program costs incurred and shall comply with Recovery Agreement requirements. This includes the cost of any required treatment, drug testing, support group participation, assessments performed by non-Contractor staff, and a Board administrative fee, if applicable.

The Contractor’s responsibilities are detailed in the Scope of Work, General Requirements, and Board Specific Requirements sections; and include: providing referrals, crisis intervention, and monitoring participants’ compliance with their recovery agreements.

A.4 Problem Statement

Substance abuse experts estimate that ten percent of the general population will have a problem with alcohol or other drugs at some point in their lives. Health care professionals are not immune from this disease. The health care regulatory boards recognize that health care professionals are particularly susceptible to substance abuse problems due to stresses in the work environment and convenient access to controlled substances. Additionally, although not as prevalent as substance abuse, mental illness is a disease that can affect a health care professional’s ability to practice safely.

Failing to recognize or address a health care professional’s substance abuse or mental illness may not only endanger the public, but may also adversely affect the licensee’s health and professional career.

Substance abuse and mental illness, left untreated, impair professional competency, ability, and judgment.

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Until the mid-1980s, the only recourse regulatory Boards had to address the problem of health care professionals with substance abuse or mental illness was to discipline the individual’s license. This disciplinary process was complex, costly, and lengthy. During the process, the health care professional could continue to practice. Beginning in the mid-1980’s, the Boards sought legislation to establish recovery programs as an alternative to, or in addition to, the traditional disciplinary process.

A.5 Statutory Authority Relating to Recovery Program

Business and Professions Code section 156.1:

1. Notwithstanding any other provision of law, individuals or entities contracting with the department or any board within the department for the provision of services relating to the treatment and rehabilitation of licentiates impaired by alcohol or dangerous drugs, shall retain all records and documents pertaining to those services until such time as these records and documents have been reviewed for audit by the department. These records and documents shall be retained for a maximum of three years from the date of the last treatment or service rendered to that licentiate, or until such time as the records pertaining to treatment or services rendered to that licentiate are audited, whichever occurs first, after which time the records and documents may be purged and destroyed by the contract vendor. This provision shall supersede any other provision of law relating to the purging or destruction of records pertaining to those treatment and rehabilitation programs.

2. Notwithstanding any other provision of law, all records and documents pertaining to services for the treatment and rehabilitation of licentiates impaired by alcohol or dangerous drugs provided by any contract vendor to the department or to any board within the department shall be kept confidential and are not subject to discovery or subpoena.

3. With respect to all other contracts for services with the department or any board within the department other than those set forth in subdivision (a), the director or chief deputy director may request an examination and audit by the department's internal auditor of all performance under the contract. For this purpose, all documents and records of the contract vendor in connection with such performance shall be retained by such vendor for a period of three years after final payment under the contract. Nothing in this section shall affect the authority of the State Auditor to conduct any examination or audit under the terms of section 8546.7 of the Government Code.

(Amended by Stats. 2010, Ch. 517, Sec. 1 Effective January 1, 2011 )

The eight Boards each have separate statutory authority to establish a Recovery Program for their respective licensees:

1. Board of Registered Nursing: Business and Professions Code, Division 2, Chapter 6, Article 3.1, sections 2770-2770.14;

2. Dental Board of California: Business and Professions Code, Division 2, Chapter 4, Article 4.7, sections 1695-1699;

3. California State Board of Pharmacy: Business and Professions Code, Division 2, Chapter 9, Article 21, sections 4360-4373;

4. Physical Therapy Board of California: Business and Professions Code, Division 2, Chapter 5.7, Article 7, sections 2662-2669;

5. Physician Assistant Board: Business and Professions Code, Division 2, Chapter 7.7, Article 6.5, sections 3534-3534.10;

6. Veterinary Medical Board: Business and Professions Code, Division 2, Chapter 11, Article 3.5, sections 4860-4873; and

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7. Osteopathic Medical Board of California: Business and Professions Code, Division 2, Chapter 5, Article 15, sections 2360-2370;

8. Dental Hygiene Board of California: Business and Professions Code, Division 2, Chapter 4, Article 9, sections 1966-1966.5.

A.6 Contract Period

The resulting contract shall be valid for five (5) years. The anticipated contract start date to provide Recovery Program services is January 1, 2025, through December 31, 2027, with two optional years possibly extending to December 31, 2029.

The Contractor shall not be authorized by the DCA or its regulatory entities to commence services, as described in this RFP, until an executed contract and written approval has been obtained from the Department of General Services. Any delivery or performance of service that is commenced prior to the execution of the contract shall be considered voluntary on the part of the Contractor.

A.7 Availability

The Contractor shall be capable of administering the statewide Recovery Program and have the necessary resources in place to successfully perform and be in compliance with the requirements as discussed in the RFP Functional Requirements (Section D) and Sample Contract Board Specific Requirements (Exhibit A, Attachments 1-8) portions of the RFP and resulting contract by the anticipated implementation date of January 1, 2025.

A.8 Contractor Payment and Performance Incentive Withhold

A single Contractor shall be the Prime Contractor responsible for the entire project. The payment structure for this contract shall be based on the services performed by the Contractor. The Contractor shall submit monthly invoices for services rendered. To ensure the quality of the Recovery Program and performance of the Contractor the DCA shall retain ten percent (10%) of each Board’s portion of the invoice, pending satisfactory performance of the obligations set forth in this Agreement (as evidenced in each Board’s Annual Recovery Program Report) which each respective Board shall promptly review. Monthly payments shall not exceed ninety percent (90%) of the amount invoiced.

The Contractor shall account for payments and/or retention in each monthly billing to the DCA’s Accounting Office, in care of the Board. (See Sample Contract, Exhibit B - Budget Detail and Payment Provisions for additional information.)

This 10% withholding provision does not apply to the PTBC or any Board in the future that may require the participant to pay the entire cost of the Recovery Program.

The Contractor shall submit an invoice, specifically identified as a Performance Retention Invoice, at least 30 days prior to the end of each State fiscal year (June 30) to collect the 10% amount withheld.

Payment of the full amount withheld will be contingent upon satisfactory performance of the contracted services. In the event of less than satisfactory performance, the amount of withhold to be paid shall be negotiated between the DCA and the Contractor.

The Contractor agrees that failure to meet the contract requirements throughout the term of this Contract shall constitute a material breach of this contract.

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A.9 Liquidated Damages

If, in DCA’s sole determination, the Contractor demonstrates a pattern of violation of contract requirements, the following liquidated damages may apply:

a) Should the Contractor, within forty-eight (48) hours, fail to schedule a meeting on the date and time requested by an EC or RPM, or attend a meeting, and/or prepare a meeting in accordance with a RPM’s instructions, a Board may assess $500.00 in liquidated damages against the Contractor.

b) Should the Contractor fail to deliver the assessment information and other documents required to the EC and RPM at least five (5) business days prior to an EC meeting, a Board may assess liquidated damages of $500.00 per day.

c) Should the Contractor exceed the deadlines for notification to any Board of a confirmed relapse of a program participant, a Board may assess liquidated damages of $200.00 per day for every day a verbal notification and/or follow-up documentation is past due.

d) Should the Contractor fail to timely provide a corrective action report where one was required, or should the Contractor provide a corrective action report that does not meet the minimum requirements for corrective action reports, a Board may assess $500.00 in liquidated damages against the Contractor.

e) Should the Contractor fail to provide a solution to a corrective action report within a mutually agreed upon time frame, a Board may assess $500.00 in liquidated damages against the Contractor.

f) Should the Contractor exceed the deadline for submitting monthly, quarterly, or annual reports without prior approval for an extension, or if, in the opinion of a Board, the report does not meet the Board’s standards for approval, a Board may:

1. Assess liquidated damages of $250.00 for each day the Monthly Statistical Report is past due;

2. Withhold payment for services rendered until the report is submitted or an acceptable report is produced and submitted (whichever applies); and

3. A Board shall not unreasonably withhold approval of any report required pursuant to this agreement.

g) If the Contractor discloses any records pertaining to the Recovery Program or that pertain to the treatment or recovery of any licensee that is an applicant or participant in the program in violation of applicable confidentiality laws (including but not limited to Business and Professions Code sections 1698, 2369, 2667, 2770.12, 3534.7, 4372, and 4871), the Board may assess $1,000.00 in liquidated damages against the Contractor as well as recover any legal fees incurred in recovering these damages. The Contractor shall also indemnify, defend and hold harmless the Board in any civil action resulting from any such disclosures of these records.

A.10 Solicitation Process Overview

The following provides an overview of the RFP solicitation process. Section G - PROPOSAL INFORMATION AND BID FORMAT identifies all of the elements required for the proposal to be viewed as compliant.

Proposal The purpose of this overview is to provide the State with a complete proposal, including cost data, in order to implement and administer an effective statewide Recovery Program. The Cost Proposal shall be provided to the State in a separately sealed envelope and accompany the proposal. Proposals shall contain all of the elements identified in RFP Section G.4. Final Proposal Format and Content and shall be evaluated based on the information contained in RFP Section H - EVALUATION AND SCORING PROCESS. The proposal shall address all of the Scope of Work Requirements, Functional Requirements and adhere to all the RFP procedures in order to be deemed responsive. Once the State determines the proposal to be responsive, the sealed cost envelope is publicly opened and a final score is totaled.

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RFP Submissions Proposals submitted in response to this RFP shall be evaluated based on the Proposer responding to each requirement and identifying how they will comply with each requirement. An award, if made, shall be to a single Proposer. The proposal is a mandatory step for all Proposers.

All Proposers are strongly encouraged to follow the scheduled steps of this solicitation, to ensure they are submitting a compliant proposal. Proposers’ proposals will be scored across a number of categories which includes a cost component. The Total Score includes two components:

1. Mandatory Requirements Score

2. Cost Score

The Mandatory Requirements Score represents fifty percent (50%) of the total points attainable in the RFP scoring process and is based on the following requirements: Sample Contract, General Requirements, located in Exhibit A, Sample Contract, Board Specific Requirements and Functional Requirements, located in Section D. Sealed cost envelopes are publicly opened for all Proposers.

The Cost Score represents fifty percent (50%) of the total points attainable in this RFP.

A.11 Confidentiality Statement

The Proposer shall submit a signed confidentiality statement in accordance with RFP No. DCA-24-01 (See Sample Contract Appendix 3 Confidentiality Statement). In addition, to preserve the integrity of the security measures incorporated into any contract arising from this RFP, the awarded Contractor agrees that all personnel (including subcontractors) assigned to this project will submit a signed copy of the Confidentiality Statement before commencing work under the awarded contract.

A.12 Scope of the RFP and Proposer Admonishment

This RFP contains instructions detailing submission requirements that are necessary for a complete and responsive proposal. Also listed are the minimum qualifications that prospective Proposers shall meet in order to be a responsible Proposer.

In general, Proposers should:

1. Carefully read the entire RFP;

2. Ask appropriate questions in writing, within the allotted submittal deadline;

3. Complete all other required responses, to the best of the Proposer’s ability, by the required deadline(s);

4. Make sure all responses to requirements of the RFP have been correctly and appropriately addressed; and

5. Carefully re-read the entire RFP before submitting your proposal.

Please be aware that no information given to prospective Proposers shall be binding on the State unless it is given in writing as part of an official addendum to this RFP. In addition, any writings or verbal communications issued prior to this RFP shall not be binding to the State and are hereby superseded by this RFP. Nor should any such terms, in any manner, be construed to constitute terms of the final contract to be awarded by the State. Terms and conditions issued, with respect to any prior requests for proposal, should be disregarded by prospective Proposers.

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SECTION B – MINIMUM REQUIREMENTS FOR PROPOSERS

B.1 The Proposer shall meet the following minimum requirements by the proposal submission deadline:

1. Shall be licensed to do business in California.

2. Maintain a business office in California where all Recovery Program participant records and operational systems shall be stored.

3. Corporations shall certify they are in good standing and qualified to conduct business in

California. Non-profit organizations shall certify they are eligible to claim nonprofit status.

4. The Proposer shall have a minimum of five (5) years continuous experience in the last ten (10) years, providing a comprehensive substance abuse and mental illness treatment, rehabilitation, monitoring, compliance referrals, and recovery program to individuals in the workplace, including but not necessarily limited to health care professionals.

5. The Proposer may not have had a contract with a local, state, or federal public agency in which it principally provided the services specified in Sample Contract, Exhibit A - Scope of Work, terminated for cause within the last five (5) years. For the purposes of this section, “for cause” means that the Proposer failed to materially provide the services required by the contract or provided said services in a substandard or untimely manner.

Please see RFP Appendix 3 – Proposer Minimum Requirements Statement for instructions for completing the required Proposer Minimum Requirements Statement.

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SECTION C – SCOPE OF WORK REQUIREMENTS

Scope of Work Requirements The Scope of Work (SOW) requirements are considered mandatory. The SOW refers to requirements the Contractor shall provide upon the execution of the contract and is comprised of two subdivisions: General Requirements and Board Specific Requirements. The General Requirements Section specifies the Scope of Work requirements that are common features, standards, and services for the Boards. The Board Specific Requirements Section specifies the additional Scope of Work requirements that are unique program components for each individual Board. The requirements detailed in both sections are the minimum requirements for the implementation, on-going management and sustained operation of the Recovery Program.

However, the Proposer at its discretion may propose elements to enhance the Recovery Program’s effectiveness and/or efficiency in protecting the public. The cost for any of the enhancements, which may be incorporated into the contract or approved by the Boards, shall be at the Proposer’s expense with no additional charge to the Boards or participants.

A. Scope of Work Mandatory Requirements Proposer certifies in RFP Appendix 16 - Certification to Comply With Scope of Work Requirements and Functional Requirements that they will fulfill these requirements. If Appendix 16 is not completed it will be considered a material deviation. The Scope of Work Mandatory Requirements are described in Sample Contract and Exhibit A Attachments 1-8.

B. Scope of Work Mandatory Scorable Requirements Proposers are required to provide a response to each requirement for their bid proposal to be compliant. Each requirement has a point score value. Proposals that do not respond to each scored requirement or are incomplete shall not meet the minimum point requirement and shall be considered non-responsive. These requirements shall be used to determine a Proposer’s ability to perform under the awarded contract.

C. Value-Added Services (Bonus Points) These requirements are considered value-added services. Proposers are not required to offer value-added services. If a Proposer offers value-added services, it shall be at no additional cost to the DCA or Boards, unless otherwise specified.

Value-added services are those services provided by the Proposer that go beyond the General and Board Specific Requirements. They are optional and will be provided by the Proposer at no additional cost to the DCA, unless otherwise referenced in this RFP. A positive Proposer response concerning value-added services will be assessed “bonus point” value. Bonus points will only be considered if the Proposer’s responses are compliant to all the mandatory Scope of Work requirements.

Refer to RFP Section H, Evaluation and Scoring Process for details on how bonus items will be scored as part of the proposal scoring evaluation. Failure to meet desirable requirements for the bonus item will not disqualify the proposal. The Proposer’s response to bonus points may not be incorporated into the final contract (if any) at the DCA’s discretion. Available bonus points are shown following all Mandatory Scoring Requirements.

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SECTION D – FUNCTIONAL REQUIREMENTS

The Functional Requirements section is comprised of seven (7) scorable elements:

1) Proposer Minimum Requirements and Experience,

2) Proposer History and Background,

3) Customer References,

4) Key Project Personnel,

5) Takeover Requirement,

6) Contract Transition/Data Conversion Requirement, and

7) Quality of Scope of Work Requirements (as defined in Section C-Scope of Work Requirements).

Proposers are required to give a response and provide documentation (where indicated in the RFP) to support their response in the proposal. Proposers that do not respond to each scored requirement or are incomplete in their responses shall not meet the minimum point requirement and will be considered non-responsive. These requirements are used to determine a Proposer’s qualifications to perform services under a contract, if awarded.

D.1. Proposer Minimum Requirements and Experience Narrative The purpose of the Proposer minimum requirements and experience section is to provide the participating Boards with the ability to verify the experience and knowledge stated in the proposal and to assess the Proposer's prior record of providing similar substance abuse and mental illness services to other customers. The Proposer shall provide the following narratives: 1) Proposer Minimum Requirements narrative and 2) Prior Experience narrative (see below).

The Proposer shall provide a detailed narrative that clearly demonstrates the Proposer’s prior experience in providing a comprehensive substance abuse and mental illness treatment, referral and monitoring program for health care professionals. The narrative shall also clearly demonstrate that the Proposer is fully qualified to perform the requested Recovery Program services.

The Proposer shall provide written documentation, including dates and agency locations where services were provided, identifying that their business has had previous experience in providing the following services for a minimum of five (5) continuous years in the last ten (10) years, which pertain to comprehensive substance abuse and mental illness treatment, rehabilitation, monitoring, compliance referrals, and recovery services to individuals in the workplace, including but not necessarily limited to health care professionals.

a) Screening

b) Intake

c) Orientation

d) Treatment planning

e) Assessment

f) Counseling

g) Case management

h) Crisis intervention

i) Client education

j) Referral

k) Reports and record keeping

l) Consultation with other professionals

m) Outreach services

Note: Proposers that have more than the minimum five (5) continuous years’ experience in the last ten (10) years of administering substance abuse and mental illness program services for health care professionals shall receive Bonus Points (refer to RFP Section H.5. Scoring

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Evaluation Sheet). Only Proposers with verifiable experience similar in size and scope to the requirements listed in this RFP will be eligible for the extra points.

D.2. Proposer History and Background The Proposer’s response shall provide information relevant to the Proposer's internal organization including: their history, background, and services provided. Use RFP Appendix 4 - Proposer History and Background Form to provide this documentation.

D.3. Customer References Proposer shall submit three (3) completed Customer Reference Forms, relating to the Proposer’s experience to effectively provide a comprehensive substance abuse and mental illness treatment, referral and monitoring program. Customers selected by the Proposer shall complete the RFP Appendix 5 - Customer Reference Form including signing and dating each form. A separate form shall be used for each referenced customer. One form is required to be completed and signed by the officer or administrator of each organization where the minimum five (5) continuous years of comprehensive substance abuse/mental illness treatment program services were provided.

The reference forms shall apply to substance abuse and mental illness treatment services provided in the last ten (10) years. The reference forms shall be completed and signed by the person providing the reference and shall clearly demonstrate a positive experience with the Proposer. The reference letters shall provide accurate contact information, to determine the veracity of the references.

D.4. Key Project Personnel The Proposer shall provide detailed resumes for the following Key Project Personnel:

Program Director - one (1) resume required, and Clinical Case Manager - minimum of two (2) resumes required identifying different individuals. The resumes shall demonstrate that all the requirements for each of these key project staff, as described in Sample Contract Appendix 1 “Definitions Relating to Recovery Program,” have been met (also see RFP Appendix 6, Key Personnel Resume form).

Key personnel positions cannot be performed by the same individual. There shall be one specified individual for each required position. A list of all personnel names and license numbers shall be provided to the Boards within thirty (30) days after Notice of Award.

D.5. Takeover Requirement The Proposer shall identify the timelines and milestones of the takeover process to ensure full implementation of the contract services within thirty (30) days following the date the new contract has been fully executed.

D.6. Contract Transition/Data Conversion Requirement The objective of the transition/changeover requirement is to ensure the orderly, timely, and accurate transfer of essential data and documents from the previous Recovery Program administrator to the next successor and Boards, prior to termination or expiration of the Recovery Program contract. Proposer is agreeing to comply with this requirement that, should Proposer be awarded the new contract, they will fully cooperate with the DCA and successor awardee to correctly transfer essential data and documents to the new successor prior to termination or expiration of their awarded contract for Recovery Program services.

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SECTION E – PARTICIPANT’S RECOVERY AGREEMENT REQUIREMENTS

Participants in the Recovery Program are required to sign an Acknowledgement Agreement between the Recovery Program and themselves and further sign the Recovery Agreement each time the Recovery Agreement is revised. The EC Consultant and/or CCM shall establish the “Pre-Entry Recovery Agreement” for applicants. The agreement will detail the specific requirements an applicant shall adhere to until a decision is reached regarding admission to the Recovery Program. If admitted, a “Recovery Agreement” is developed. Each participant is required to sign a “Recovery Agreement” as a requirement to participate in the Recovery Program, which details the specific requirements the participant shall adhere to in order to successfully complete the Recovery Program.

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SECTION F – RFP PROCEDURES

F.1. Introduction

In addition to meeting the Scope of Work Requirements and Functional Requirements, Proposers shall adhere to all the RFP Procedures of this solicitation to be responsive and submit the required documents where indicated. This section addresses the various procedures and submittals for the State of California, the Department of Consumer Affairs (DCA), RFP No. DCA-24-01. Proposers shall meet and adhere to all requirements included in this RFP.

In addition to meeting the Scope of Work and Functional Requirements of this RFP, Proposers shall adhere to all the following RFP Procedures to be responsive:

A. Solicitation Process Overview as specified in RFP Section A.2. Solicitation Process Overview B. Actions to be taken as specified in RFP Section G.1. Time Schedule C. Format instructions as specified in RFP Section G Proposal Instructions and Format D. Completion of appropriate cost information as outlined in RFP Appendix 2 - Cost Proposal E. RFP Procedures detailed within this section

F.2. Proposer Responsibility

RFP Procedure 1: The Proposer’s proposal shall contain a Cover Letter signed by an individual who is authorized to bind the Proposer’s firm contractually, indicating the title and position that person holds in the firm, also including a statement that the Proposer commits to fulfilling all the requirements of RFP No. DCA-24-01. Refer to RFP Section G.4. Final Proposal Format and Content, and RFP Appendix 17 - Cover Letter Information for additional instructions regarding the Cover Letter.

RFP Procedure 2: The Proposer shall complete and submit the Subcontractor List for all proposed subcontractors provided as RFP Appendix 14 - Subcontractor List. Upon award to a Contractor, notice shall be given by the DCA to the subcontractors listed in RFP Appendix 14 of their participation in the contract. Notification to the subcontractor by the Contractor is encouraged immediately after award of an RFP. There will be no additional assignment of responsibility to a subcontractor or third party without prior written approval from the DCA.

RFP Procedure 3: The Proposal shall provide Proposer’s certification by the California Secretary of State to do business in California. If certification has not been received, a copy of the Proposer’s application and statement of the status shall be included.

RFP Procedure 4: The Proposer shall provide a signed Sample Contract Appendix 3 - Confidentiality Statement and submit the statement in accordance with RFP Section A.10 Solicitation Process Overview. In addition, to preserve the integrity of the security measures integrated into any contract arising from RFP No. DCA-24-01, the awarded Contractor agrees that all personnel (including subcontractors) assigned to the project will submit a signed copy of the Sample Contract Appendix 3 before commencing work under the awarded contract.

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SECTION G – PROPOSAL INSTRUCTIONS AND BID FORMAT

G.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. If the DCA finds it necessary to change any of these dates, it shall be accomplished via an addendum to this RFP; except that all dates after the proposal submission deadline are approximate and may be adjusted by DCA as conditions require, without an addendum to this RFP.

Event Date Time

RFP Available to Prospective Proposer¹ August 27, 2024

Written Question Submittal Deadline September 11, 2024

Release of Question & Answer Set September 18, 2024

Final Date for Submission of Proposals October 9, 2024 5:00 p.m. PST

Evaluation of Proposals October 10-17, 2024

Notice of Intent to Award Posted October 18, 2024 5:00 p.m. PST Location for public posting of award:

1625 N. Market Blvd., First Floor Lobby Sacramento, CA 95834

Tentative Contract Start Date January 1, 2025

¹ RFP and additional information is available to prospective Proposers via California’s new web-based procurement system, eProcurement, at https://www.caleprocure.ca.gov/pages/index.aspx. Interested vendors are encouraged to register as a supplier in the eProcurement System.

G.2. Introduction These instructions prescribe the mandatory proposal format and the approach for the development and presentation of proposals. Each Proposer is responsible for providing sufficient information, and documentation if required, for the proposal to be thoroughly evaluated. Failure to do so may result in rejection of the proposal.

Proposals shall address requirements stated in RFP Section D, Functional Requirements; Section F, RFP Procedures; Sample Contract Exhibit A, General Requirements; and Sample Contract Exhibit A, Board Specific Requirements, in the order and format specified in this section. Each required response in the proposal shall reference the corresponding section number that is being responded to in this RFP.

Recovery Program Page 17 of 269 G.3. Proposal Format

Each sealed proposal container shall be labeled as follows:

A. Name of Proposer B. RFP No. DCA-24-01 C. Proposal

The following shall be shown on each page of the proposal:

A. RFP No. DCA-24-01 B. Proposal C. Name of Proposer D. Proposal tab number E. Proposal part or exhibit number F. Page number

G.4. Final Proposal Format and Content

It is the Proposer’s responsibility to ensure its proposal is submitted in a manner that enables the Evaluation Team to easily locate response descriptions and exhibits for each requirement of this RFP.

The numbering utilized shall follow the specific numbers used throughout the RFP for each of the mandatory requirements. Figures, tables, charts, etc., shall be assigned index numbers and shall be referenced by these numbers in the proposal text and in the proposal's Table of Contents.

Volume I – Response to Mandatory Requirements A. Cover Letter B. Tab 1: Table of Contents C. Tab 2: Executive Summary D. Tab 3: Proposer Minimum Requirements Statement (attach RFP Appendix 3 form) E. Tab 4: Response to General Requirements F. Tab 5: Response to Board of Registered Nursing Requirements G. Tab 6: Response to Dental Board of California Requirements ( H. Tab 7: Response to Board of Pharmacy Requirements I. Tab 8: Response to Physical Therapy Board of California Requirements

J. Tab 9: Response to Physician Assistant Board Requirements K. Tab 10: Response to Veterinary Medical Board of California Requirements L. Tab 11: Response to Osteopathic Medical Board of California Requirements M. Tab 12: Response to Dental Hygiene Board of California Requirements N. Tab 13: Response to Functional Requirements

1) Proposer Minimum Requirements and Experience Narrative

2) Proposer History and Background (attach RFP Appendix 4 form)

3) Customer References (attach three (3) RFP Appendix 5 forms)

4) Key Project Personnel (RFP Appendix 6)

5) Takeover Requirement

6) Contract Transition/Data Conversion Requirement

O. Tab 14: RFP Section F - RFP Procedures

1) Subcontractor List (attach RFP Appendix 14)

2) Certification with California Secretary of State to do business in California

3) Confidentiality Statement Signed by Proposer and any Subcontractors

(Attach Contract Appendix 3 form for each representative) P. Tab 15: RFP Section I – RFP Appendices (attach the following forms)

1) RFP Appendix 1 - Proposal/Proposer Certification Sheet

2) RFP Appendix 9 - Small Business Preference

3) RFP Appendices 10-13, if applicable

4) RFP Appendix 15 - Prime Contractor Business Information

5) RFP Appendix 16 – Certification to Comply with Scope of Work Requirements and Functional Requirements (signed certification)

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6) RFP Appendix 18 - Darfur Contracting Act (signed certification)

Volume II – Cost Proposal

A. Tab 1: RFP Appendix 2 – Cost Proposal including signature (in separately sealed envelope)

Volume I – Response to Mandatory Requirements

The Proposer's responses shall be referenced by section and in the order and format indicated below.

Each page of the proposal may be numbered in a manner of the Proposer's own choosing to make easy reference possible.

Cover Letter

The proposal shall contain a signed Cover Letter on the Proposer's official business letterhead stationery. Cost information shall not be included in the Cover Letter. The Cover Letter shall contain a statement that substantiates that the person who signs the letter is authorized to bind the Proposer's firm contractually. The cover letter shall state that the Proposer commits to fulfilling all the requirements of this RFP.

Tab 1: Table of Contents

The proposal shall contain a Table of Contents. Major parts of the proposal, including forms, shall be identified by section and page number.

Tab 2: Executive Summary

The Executive Summary shall describe the salient features of the proposal and shall contain an overview of the Proposer’s company background and qualifications. Further, it shall highlight the contents of the proposal to provide a broad understanding of the entire proposal and facilitate the evaluation of the proposal. Costing information shall not be included in the Executive Summary.

Tab 3: Proposer Minimum Requirements Statement

Tab 4: Response to General Requirements

Proposers shall clearly identify their response to every component of each General Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 5: Response to Board of Registered Nursing Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

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Tab 6: Response to Dental Board of California Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 7: Response to Board of Pharmacy Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 8: Response to Physical Therapy Board of California Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 9: Response to Physician Assistant Board Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 10: Response to Veterinary Medical Board of California Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 11: Response to Osteopathic Medical Board of California Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 12: Response to Dental Hygiene Board of California Requirements

Proposers shall clearly identify their response to every component of each Board Specific Requirement and demonstrate how each requirement will be met. Proposer shall also provide samples of all required documents.

Tab 13: Response to Functional Requirements

Proposer shall provide a response to Functional Requirements identified in RFP Section D - Functional Requirements and include the documentation/forms requested. Response may also contain other reference documentation that the Proposer chooses to include that supports statements and information provided in the Proposer’s proposal. Failure to positively identify that the Proposer intends to fulfill the requirements may result in a determination of material defect and the disqualification of the Proposer’s response.

A. Proposer Minimum Requirements and Experience (attach RFP Appendix 3)

B. Proposer History and Background (attach RFP Appendix 4 form)

C. Customer References (attach three (3) RFP Appendix 5 forms)

D. Key Project Personnel (attach RFP Appendix 6)

E. Takeover Requirement

F. Contract Transition/Data Conversion Requirement

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Tab 14: RFP Procedures

Proposers shall adhere to all the RFP Procedures described in RFP Section F - RFP Procedures of this solicitation to be responsive and submit the required documents/forms as indicated. Failure to positively identify that the Proposer intends to fulfill all the requirements of the RFP may result in a determination of material defect and result in disqualification of the…