California Arts Council

RFQ-26-015

Reasonable Accommodation, Ergonomics and Training Services

(for a 3-year agreement)

REQUEST FOR PROPOSAL – Secondary Method Release Date: OCTOBER 7, 2026

Notice to Prospective Proposers: SINGLE AWARD Reasonable Accommodation, Ergonomics and Training Services

The California Arts Council (CAC) intends to award a contract to a single vendor for the services outlined below. CAC seeks proposals from California Independent Contractors, Individuals, Sole Proprietors, Partnerships, California Certified Small Business (SB), Disabled Veteran Business Enterprise (DVBE), 501(c)(3) organizations registered in California, private for-profit organizations, and organizations with a joint powers agreement based in California to respond to this Request for Proposal (RFP) pursuant to Public Contract Code sections 10340 to 10345 (see State Contract Manual, Volume 1, Section 5.25). In submitting your proposal, you must comply with the instructions listed in this RFP document.

Respond to this Request for Proposal (RFP) pursuant to Public Contract Code sections 10340 to 10345 (see State Contract Manual, Volume 1, Section 5.25). In submitting your proposal, you must comply with the instructions listed in this RFP document.

Proposers are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submittal of proposals is the responsibility of the proposer and cannot be overemphasized. Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses (CCC 4/2017) and may be viewed and downloaded at the following website: https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-list-folder/standard-contract-language.

In the opinion of the CAC, this RFP is complete and without need of explanation.

If potential bidders have additional questions regarding intent, expectations, or other topics pertaining to this RFP, please send them to Procurement@arts.ca.gov in accordance with the timeline below. Please note that verbal information given will not be binding on the State unless such information is issued in writing as an official addendum to this RFP. The answers to all the questions received by the due date will be posted on https://caleprocure.ca.gov/pages/index.aspx.

Issuance of this RFP in no way constitutes a commitment by the State of California to award a contract. The State reserves the right to reject any part of, or the entire https://www.dgs.ca.gov/ORIM https://www.dgs.ca.gov/ORIM https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 https://www.dgs.ca.gov/ORIM https://view.publitas.com/ca-arts-council/2019-ca-native-artists-community-led-meeting/page/1 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 https://caleprocure.ca.gov/pages/index.aspx

RFQ-26-015

Reasonable Accommodation, proposal received if the State determined that it is in the State’s best interest to do so.

The State may reject any proposal that is conditional or incomplete.

IMPORTANT NOTE TO BIDDERS: CAC highly encourages all bidders to check the posting daily due to changes or updates that may happen at any time.

Contact Information for Request for Proposal No. RFP-26-015 Name: California Arts Council Title: Procurement Email: Procurement@arts.ca.gov mailto:Procurement@arts.ca.gov

RFQ-26-015

Reasonable Accommodation, TABLE OF CONTENTS

EXHIBITS & SECTIONS PAGE

Exhibit A

I. About California Arts Council 1 II. Scope of Work

See #1 - #27 1 - 23

Exhibit B III. Minimum Qualifications for Bidders 24 - 25 IV. Proposal Requirements

Minimum Qualifications Questionnaire - Narrative 25 - 28

V. Key Action Dates 28 VI. Questions and Answers 28 - 29 VII. Mandatory Business Requirements for Bidders 29 - 30 VIII. RFP Submissions Instructions 30 - 33 IX. RFP Evaluation Plan 33 - 35 X. Preference & Incentive Programs 35 - 42 XI. Protest Provisions 42 - 45 XII. Disposition of Proposals 45 XIII. Award 45 XIV. Travel 45 XV. Post Evaluation for Non-IT Consulting Contracts 45 - 46

Exhibit C XVI. Budget and Payment Provisions 46 - 49

Exhibit D XVII. General Terms and Conditions GTC 02/2025 50

EXHIBIT E

XVIII. Non-IT Services Contracts Confidentiality & Data

Safeguards

EXHIBIT F

XIX. Special Terms and Conditions 50 - 68

EXHIBIT G

XX. Additional Provisions for Reasonable Accommodations, Ergonomic and Training Services 68 - 73

OTHER

XXI. Required Attachments List 74

RFQ-26-015

Reasonable Accommodation, EXHIBIT A

I. ABOUT CALIFORNIA ARTS COUNCIL (CAC)

Established by the State of California in 1976, the California Arts Council is a state agency with a mission of strengthening arts, culture and creative expression as the tools to cultivate a better California for all. Please visit our website at www.arts.ca.gov for more details.

We are California’s only public arts grants provider with funding that is accessible to all 58 counties. As a state agency, we support local arts infrastructure and programming statewide through grants, programs and services. The arts sector is large and diverse and its businesses and workforce are a significant contributor to our state economy and identity.

California is home to 11,563 nonprofit arts organizations and our state’s creative sector accounts for $18.67 billion in assets and 15.4% of California’s total employment.

II. SCOPE OF WORK

Reasonable Accommodation, Ergonomic Assessment, and Related Professional Services

1. PURPOSE

The CALIFORNIA ARTS COUNCIL (“State” or “CAC”) seeks a qualified Contractor to provide comprehensive professional services in support of the CAC's Reasonable Accommodation (“RA”) and ergonomic programs.

The Contractor shall provide consultation, assessment, case support, ergonomic evaluation, recommendations, documentation, training, and related services to assist the CAC in timely and appropriately addressing employee reasonable accommodation and ergonomic requests.

The Contractor shall have the capacity to provide services for a workforce population of up to forty (40) personnel during the term of the Agreement. The number of employees requiring services is an estimate only. The State makes no guarantee regarding the minimum or maximum number of individual referrals, assessments, or cases that will be assigned.

Services shall be provided on an as-needed basis as authorized by the State Contract Manager or designee.

The Contractor shall provide qualified personnel with demonstrated expertise in disability accommodation, workplace ergonomics, disability management, human http://www.arts.ca.gov/

RFQ-26-015

Reasonable Accommodation, resources, occupational health, and other disciplines appropriate to the assigned work.

2. BACKGROUND

The CAC is responsible for administering reasonable accommodation and ergonomic processes for its employees in accordance with applicable federal and California laws, regulations, collective bargaining requirements, and State policies.

The CAC seeks professional support to supplement internal resources and assist in evaluating and responding to reasonable accommodation and ergonomic requests in a consistent, timely, confidential, and well-documented manner.

The Contractor's role is advisory. Except where specifically delegated in writing, the CAC retains final authority for all employment decisions, including approval, modification, or denial of reasonable accommodation requests.

Responsibility for Services:

CAC is seeking one (1) prime Contractor. The Contractor shall be responsible for providing all services identified in this Statement of Work, including Reasonable Accommodation and ergonomic services. The Contractor may utilize qualified subcontractors where permitted by the Agreement; however, the Contractor shall remain fully responsible for the performance, coordination, quality, and timely delivery of all services.

The Contractor shall perform a commercially useful function (CUF) and shall be responsible for the execution of a distinct element of the work consistent with the Contractor’s normal business operations.

3. APPLICABLE REQUIREMENTS

The Contractor shall perform services consistent with applicable federal and California laws, regulations, and State policies, including, as applicable:

A. California Fair Employment and Housing Act (“FEHA”);

B. Americans with Disabilities Act of 1990, as amended (“ADA”);

C. Applicable provisions of the California Government Code;

D. Applicable California Code of Regulations provisions governing disability discrimination and reasonable accommodation;

RFQ-26-015

Reasonable Accommodation, E. Applicable federal regulations and Equal Employment Opportunity Commission guidance;

F. Applicable California of Human Resources (“CalHR”) policies, rules, and guidance;

G. Applicable CAC policies and procedures;

H. Applicable collective bargaining agreements and employee rights;

I. Applicable privacy, confidentiality, and medical-information requirements; and

J. Applicable State contracting requirements.

The Contractor shall notify the State Contract Manager when the Contractor identifies a conflict between an assigned task and an applicable legal, regulatory, professional, or contractual requirement.

4. REASONABLE ACCOMMODATION SCOPE OF SERVICES

4.1 Reasonable Accommodation Case Consultation

Upon referral by the CAC, the Contractor shall provide professional consultation and case-management support for reasonable accommodation matters.

Services may include:

a. Reviewing reasonable accommodation requests and supporting documentation provided by the CAC;

b. Assisting the CAC in identifying the employee's essential job functions and relevant functional limitations;

c. Reviewing duty statements, job descriptions, organizational information, work schedules, workplace requirements, and other relevant documentation;

d. Assisting the CAC in determining whether additional information or clarification may reasonably be necessary;

e. Providing guidance concerning the interactive process;

f. Assisting in identifying potential effective accommodations;

RFQ-26-015

Reasonable Accommodation,

g. Evaluating alternative accommodations when the accommodation initially requested may not be feasible or effective;

h. Evaluating operational considerations associated with proposed accommodations;

i. Assisting the CAC in documenting the interactive process;

j. Developing written recommendations for consideration by CAC management and/or Human Resources;

k. Conducting follow-up assessments to determine whether implemented accommodations remain effective;

l. Recommending modification of an accommodation when circumstances, functional limitations, duties, technology, or workplace conditions change;

and

m. Providing technical consultation regarding complex or unusual accommodation matters.

The Contractor shall conduct an individualized assessment for each referred reasonable accommodation matter and shall not apply predetermined or categorical conclusions to accommodation requests.

4.2 Interactive Process Support

At the CAC's request, the Contractor may participate in interactive process meetings involving the employee, CAC representatives, supervisors, managers, Human Resources staff, Return-to-Work/Disability Management staff, and other authorized participants.

The Contractor may:

a. Facilitate or assist with interactive process discussions;

b. Identify relevant functional and workplace considerations;

c. Explain potential accommodation options;

d. Identify areas requiring additional information;

RFQ-26-015

Reasonable Accommodation,

e. Document matters discussed and potential next steps;

f. Prepare meeting summaries or recommendations; and

g. Participate in follow-up meetings as necessary.

The Contractor shall not make representations to an employee that an accommodation has been approved or denied unless expressly authorized by the CAC.

5. ERGONOMIC SERVICES

5.1 Ergonomic Evaluations

The Contractor shall conduct ergonomic assessments as requested by the CAC.

Assessments may be conducted:

• On-site;

• Remotely through video technology;

• Hybrid work settings;

• Through review of photographs, measurements, equipment specifications, or other information; or

• Through a combination of methods.

Assessments may include evaluation of:

a. Workstations;

b. Desks and work surfaces;

c. Chairs and seating;

d. Computer monitors and monitor positioning;

e. Keyboards and pointing devices;

f. Telephone and headset equipment;

g. Sit/stand equipment;

RFQ-26-015

Reasonable Accommodation,

h. Lighting;

i. Employee positioning and posture;

j. Repetitive work activities;

k. Work practices;

l. Equipment placement;

m. Workstation accessibility;

n. Telework/home-office workstations when authorized by the CAC; and

o. Other workplace conditions relevant to ergonomics.

5.2 Ergonomic Recommendations

Following an assessment, the Contractor shall provide written recommendations appropriate to the employee and work environment.

Recommendations shall distinguish, where appropriate, between:

1. Adjustments that can be accomplished using existing equipment;

2. Behavioral or work-practice modifications;

3. Low-cost accessories;

4. Replacement or specialized equipment;

5. Workspace modifications; and

6. Matters requiring further reasonable accommodation review.

When recommending equipment, the Contractor should identify functional specifications rather than unnecessarily limiting recommendations to a single manufacturer or product.

When practicable, recommendations shall provide more than one suitable product or configuration option.

The Contractor shall not purchase equipment on behalf of the State unless separately authorized in writing.

5.3 Follow-Up Ergonomic Evaluation

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RFQ-26-015

Reasonable Accommodation, At the CAC's request, the Contractor shall conduct follow-up evaluations following implementation of ergonomic recommendations.

Follow-up services may include:

a. Confirming proper equipment installation and configuration;

b. Adjusting equipment;

c. Educating the employee regarding appropriate equipment use;

d. Assessing whether the implemented solution addresses the identified concern; and

e. Recommending additional modifications when appropriate.

6. RELATIONSHIP BETWEEN ERGONOMIC AND REASONABLE

ACCOMMODATION REQUESTS

The Contractor shall recognize that an ergonomic request does not necessarily constitute a disability-related reasonable accommodation request.

If information obtained during an ergonomic assessment reasonably indicates that the matter may involve a request for disability-related workplace accommodation, the Contractor shall refer the matter to the State Contract Manager or designated CAC representative.

The Contractor shall not independently request medical documentation from an employee unless expressly authorized by the CAC.

7. LEGAL SERVICES ARE NOT INCLUDED IN THIS AGREEMENT

Legal services are expressly excluded from the scope of this Agreement. The Contractor shall not provide legal advice, legal opinions, legal representation, or other services requiring the practice of law.

When legal consultation, interpretation, or representation is necessary in connection with a reasonable accommodation, ergonomic matter, or related

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Reasonable Accommodation, issue, such services will be obtained separately by the State through the California Department of Human Resources (CalHR), the California Department of Justice (DOJ), and/or other appropriate State legal counsel as applicable.

The Contractor shall coordinate with designated State Agency staff regarding matters that may require legal consultation or guidance. At the direction of the State Agency, the Contractor shall provide relevant factual information, assessments, recommendations, documentation, and other non-legal professional support necessary to facilitate consultation with CalHR, DOJ or other appropriate State legal counsel. The Contractor shall cooperate with the State Agency in implementing any direction or guidance provided by the State’s legal resources, to the extent such activities are within the Contractor’s scope of services.

The Contractor shall not independently obtain legal services on behalf of the State, direct or control the provision of legal services, or provide legal conclusions or advice. All requests for legal consultation or representation shall be initiated or authorized by the State Agency and handled separately through CalHR, DOJ, and/or other appropriate State legal counsel.

8. PROCUREMENT COORDINATION AND SUPPORT

The Contractor shall coordinate with the CAC’s in-house Procurement Team, as requested, to support the procurement of goods and services related to reasonable accommodation and/or ergonomic assessments and recommendations.

Such support may include providing functional requirements, technical specifications, recommended equipment or service options, and other information reasonably necessary to assist the CAC in procuring appropriate goods or services.

The CAC’s in-house Procurement Team shall be responsible for conducting all procurement activities in accordance with applicable State procurement requirements. The Contractor shall not purchase goods or services on behalf of the State unless separately authorized in writing.

9. CONTRACTOR PERSONNEL AND MINIMUM QUALIFICATIONS

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Reasonable Accommodation, The Contractor shall provide sufficient qualified personnel to perform the required services for a service population of up to forty (40) personnel.

The Contractor's proposed team should include, as appropriate:

A. Reasonable Accommodation/Disability Management Specialist

Minimum qualifications:

• Demonstrated professional experience administering or advising on workplace reasonable accommodation matters;

• Knowledge of FEHA and ADA reasonable accommodation requirements;

• Experience participating in or facilitating the interactive process;

• Ability to analyze job functions and workplace restrictions; and

• Experience preparing professional written recommendations.

B. Ergonomic Specialist

The individual performing ergonomic assessments shall possess demonstrated professional experience in workplace ergonomics.

Relevant professional credentials may include certification or professional training in ergonomics, occupational therapy, physical therapy, human factors, occupational health, safety, or another related discipline.

10. SERVICE REQUEST PROCESS

Services shall be initiated only through an authorized CAC representative.

For each assignment, the CAC may provide the Contractor with a written service request identifying:

• Type of service requested;

• Requested completion date;

• Employee/worksite information necessary to perform the service;

• Relevant documentation;

• Whether the matter requires expedited handling;

• Whether an on-site or remote assessment is requested; and

• Any special instructions.

The Contractor shall acknowledge receipt of routine requests within one (1) business day.

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Reasonable Accommodation, Unless otherwise authorized by the State, the Contractor shall contact the designated CAC representative or employee, as appropriate, within two (2) business days following assignment.

Urgent requests shall be addressed according to timelines established by the State Contract Manager.

11. DELIVERABLES

The Contractor shall provide the following deliverables, as applicable and as authorized or requested by the State. Not every deliverable will be required for every referral, assessment, or assignment. Deliverables shall be appropriate to the nature and complexity of the services requested.

No. Deliverable Description Delivery Timing

1. Reasonable

Accommodation Assessment and Recommendations

Written assessment and recommendations for referred reasonable accommodation matters, as appropriate. The deliverable may include identification of essential job functions and relevant functional limitations;

potential effective accommodations;

alternative accommodations;

operational considerations;

additional information or clarification that may reasonably be necessary;

and recommended next steps.

Following completion of the assessment and review of information reasonably necessary to formulate recommendations.

2. Interactive Process Documentation

When requested by the CAC, written documentation of interactive process meetings or related discussions, including

Following the applicable meeting or discussion, when requested by the CAC.

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Reasonable Accommodation, relevant matters discussed, potential accommodation options, identified information needs, recommended follow-up activities, and potential next steps.

3. Reasonable Accommodation Follow-Up Assessment and Recommendations

When requested by the CAC, written documentation of interactive process meetings or related discussions, including relevant matters, discussed, potential accommodation options, identified information needs, recommended follow-up activities, and potential next steps.

As requested by the CAC following implementation of an accommodation or when relevant circumstances change.

4. Ergonomic Assessment Report and Recommendations

Written findings and recommendations resulting from an ergonomic assessment.

Recommendations shall distinguish, where appropriate, among adjustments, behavioral or work-practice modifications, low-cost accessories, replacement or specialized equipment, workspace modifications, and matters requiring further reasonable accommodation review.

Following completion of the ergonomic assessment.

5. Ergonomic Equipment Specifications and Options.

When equipment or accessories are recommended, identification of appropriate functional specifications and, when practicable, more than one suitable product or configuration option.

Recommendations shall

Included with the applicable ergonomic assessment report and recommendations when equipment or accessories are recommended.

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Reasonable Accommodation, avoid unnecessary limiting the State to a single manufacturer or product.

6. Ergonomic Follow-Up Findings and Recommendations

Finding resulting from a requested follow-up ergonomic evaluation, including, as applicable, confirmation of equipment installation or configuration, adjustments performed, employee education regarding appropriate equipment use, assessment of the effectiveness of the implemented solution, and recommendations for additional modifications.

As requested by the CAC following implementation of ergonomic recommendations.

7. Potential Reasonable Accommodation Referral

Notification to the State Contract Manager or designated CAC representative when information obtained during an ergonomic assessment reasonably indicates that the matter may involve a request for disability-related workplace accommodation. The Contractor shall not independently request medical documentation from the employees unless expressly authorized by the CAC.

Promptly upon identification of a potential reasonable accommodation matter.

8. Legal Consultation Support Documentation

At the direction of the State Agency, relevant factual information, assessments, recommendations, documentation, and other non-legal professional support necessary to facilitate consultation with CalHR, DOJ, and/or other appropriate State legal

As requested by the State Agency when legal consultation or guidance is required.

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Reasonable Accommodation, counsel. This deliverable shall not include legal advice, legal opinions, legal conclusions, or legal representation.

9. Conflict of Compliance Notification

Written notification to the State Contract Manager when the Contractor identified a conflict between an assigned task and an applicable legal, regulatory, professional, or contractual requirement.

The notification shall identify the affected assignment or activity and the nature of the identified conflict to the extent appropriate and within the Contractor’s professional scope.

Promptly upon identification of the conflict and when practicable, before proceeding with the affected activity.

Routine communications, consultations, scheduling activities, meeting participation, minor equipment adjustments, and other incidental activities performed in support of the services do not require a separate formal deliverable unless specifically requested by the CAC.

12. TRAINING AND PROGRAM SUPPORT

At the CAC's request, the Contractor may provide training or technical assistance to managers, supervisors, Human Resources personnel, or other designated staff.

Topics may include:

a. Recognizing reasonable accommodation requests;

b. The interactive process;

c. Supervisor and manager responsibilities;

d. Ergonomic principles;

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Reasonable Accommodation,

e. Documentation practices;

f. Confidentiality;

g. Implementing accommodations;

h. Managing accommodation follow-up; and

i. Emerging developments affecting reasonable accommodation administration.

Training materials shall become available to the CAC for internal State use in accordance with the intellectual-property provisions of the Agreement.

13. CONFIDENTIALITY AND INFORMATION SECURITY

The Contractor acknowledges that services may involve confidential personnel, disability-related, medical, employment, and other sensitive information.

The Contractor and all subcontractors shall:

a. Maintain strict confidentiality;

b. Access information only when necessary to perform assigned services;

c. Limit disclosure to personnel with an authorized business need to know;

d. Maintain medical and disability-related information separately and confidentially as required by applicable law and State policy;

e. Use reasonable administrative, technical, and physical safeguards;

f. Immediately report any actual or suspected unauthorized access, use, disclosure, loss, or breach to the State;

g. Return or securely destroy State information as directed at contract termination or completion; and

h. Comply with all applicable State privacy, security, records-management, and confidentiality requirements.

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Reasonable Accommodation, The Contractor shall not use State employee information for marketing, research, artificial-intelligence model training, product development, or any purpose unrelated to performance of this Agreement.

14. CONFLICTS OF INTEREST

The Contractor and its subcontractors shall disclose any actual, potential, or perceived conflict of interest associated with an assigned matter.

The Contractor shall not undertake an assignment where representation of another client or another interest would materially interfere with the Contractor's obligations to the State.

The State reserves the right to reassign or discontinue any matter where it determines that a conflict exists.

15. PERFORMANCE STANDARDS

The Contractor shall:

a. Perform services professionally, objectively, and impartially;

b. Provide timely responses;

c. Provide individualized assessments;

d. Maintain complete and accurate records;

e. Clearly distinguish professional recommendations from final State employment decisions;

f. Promptly identify matters requiring escalation;

g. Coordinate effectively with CAC representatives;

h. Protect confidential information; and

i. Meet all agreed-upon deliverable dates.

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Reasonable Accommodation, Repeated failure to meet established performance requirements may constitute unsatisfactory performance.

16. STATE RESPONSIBILITIES

The CAC shall:

a. Designate a State Contract Manager;

b. Identify employees or matters requiring Contractor services;

c. Provide available information reasonably necessary to perform assigned work;

d. Coordinate access to employees, supervisors, worksites, and relevant records as appropriate;

e. Review Contractor recommendations;

f. Make final decisions concerning reasonable accommodations;

g. Procure approved ergonomic equipment unless otherwise expressly authorized;

h. Review and approve invoices.

17. CONTRACTOR RESPONSIBILITIES

The Contractor shall:

a. Designate a primary Contract Manager;

b. Maintain adequate staffing to meet service requirements;

c. Ensure personnel possess required qualifications;

d. Coordinate subcontractors;

e. Maintain required licenses, certifications, and insurance;

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Reasonable Accommodation,

f. Monitor deadlines and deliverables;

g. Immediately notify the State of circumstances that may affect performance;

h. Maintain appropriate case documentation;

i. Provide status information requested by the State; and

j. Remain fully responsible for all work performed under the Agreement.

18. LOCATION OF SERVICES

Services may be performed remotely and/or at CAC facilities within California as directed by the State.

On-site services shall be scheduled in coordination with the State Contract Manager.

CAC is currently four (4) day in-office Tuesday through Friday and remote work for one (1) day on Monday.

Travel shall not be reimbursed unless specifically authorized by the Agreement and approved in advance by the State.

The Contractor may be required to travel to CAC headquarters when necessary to perform authorized services. All routine travel costs, including transportation, mileage, parking, lodging, meals and other incidental travel expenses, shall be included in the Contractor's "fully burdened rates" and shall not be separately reimbursable unless specifically authorized in writing by CAC in advance.

California Arts Council’s headquarters is currently located at 2750 Gateway Oaks Drive STE 300 Sacramento, CA 95833.

General Office Hours: Monday through Friday; 9 AM – 4 PM

Main Office Telephone: (916) 322-6555

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Reasonable Accommodation,

19. HOURS OF SERVICE

Routine services shall generally be provided during normal State business hours, Monday through Friday, excluding State holidays.

Services outside normal business hours require prior to State authorization.

20. COMPENSATION AND RATE STRUCTURE

Bidders shall provide separate fully burdened hourly rates for each applicable service category, including at minimum:

1. Reasonable Accommodation Specialist;

2. Ergonomic Specialist;

3. Senior/Complex Case Consultant and

4. Training/Program Consultation

Rates shall include all ordinary administrative and overhead expenses unless otherwise specifically identified in the solicitation.

The Contractor shall not exceed the total Agreement amount or an authorized service-request amount without prior written authorization.

21. INVOICING

Invoices shall be submitted [MONTHLY/OTHER] in arrears and shall include sufficient detail for the State to validate services performed.

Invoices shall identify, as applicable:

• Date of service;

• Authorized case or service-request identifier;

• Service category;

• Personnel performing the service;

• Hours;

• Contract rate;

• Amount charged;

• Deliverable completed; and

• Authorized reimbursable expense, if any.

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Reasonable Accommodation, Employee medical diagnoses or unnecessary confidential information shall not appear on invoices.

22. RECORDS AND CONTRACT MONITORING

The Contractor shall maintain sufficient records to substantiate all services and charges.

The CAC may monitor Contractor performance through:

• Deliverable review;

• Invoice review;

• Case-file review, where appropriate;

• Turnaround-time monitoring;

• Customer or program feedback;

• Periodic performance meetings; and

• Other reasonable contract-administration methods.

The Contractor shall cooperate with State contract monitoring and audit requirements.

23. NO GUARANTEE OF WORK

The CAC does not guarantee any minimum number of referrals, assessments, billable hours, consultations, or expenditures under this Agreement.

The reference to a service population of up to forty (40) personnel represents the anticipated maximum population that may require services and does not constitute a commitment that forty individuals will receive services.

24. TERM

The anticipated term of the Agreement shall be:

Start Date: Upon Department of General Services Office of Legal Services’ Approval.

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Reasonable Accommodation, End Date: Three (3) years from the start date.

The Agreement may be amended or extended only in accordance with applicable State contracting requirements.

25. ACCEPTANCE OF SERVICES

A deliverable shall be considered complete when the State Contract Manager or designee determines that it:

a. Addresses the authorized assignment;

b. Contains the required information;

c. Meets professional standards;

d. Is timely;

e. Is sufficiently documented; and

f. Complies with the Agreement.

The State may require correction of incomplete or deficient work before accepting the deliverable.

26. CONTRACTOR AND SUBCONTRACTOR CHANGES

The Contractor shall not replace key personnel or add, remove, or substitute a subcontractor performing material portions of the work without prior written approval from the State.

27. FINAL AUTHORITY

All recommendations provided by the Contractor are advisory unless expressly stated otherwise in writing by the CAC.

The CAC retains exclusive authority over personnel actions and final determinations concerning approval, denial, modification, implementation, continuation, or termination of reasonable accommodations.

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Reasonable Accommodation, Nothing in this Statement of Work delegates the CAC's statutory or managerial responsibilities to the Contractor.

EXHIBIT B

III. MINIMUM QUALIFICATIONS FOR BIDDERS (MQs)

A bidder must meet all of the following minimum qualifications as of the bid due date:

1. Relevant Experience Bidder must have a minimum of three (3) years of experience within the past five (5) years providing Reasonable Accommodation, disability-management, ergonomic assessment, and/or related workplace accommodation services to public- or private-sector organizations.

2. Reasonable Accommodation Experience Bidder must demonstrate experience providing services substantially similar to those described in the SOW, including:

o Reasonable Accommodation intake and case review;

o Support of the interactive process;

o Review and assessment of functional limitations and essential job functions;

o Identification and evaluation of potential accommodation alternatives;

o Preparation of written findings and recommendations;

o Implementation support and follow-up; and o Consultation regarding complex accommodation matters.

3. Ergonomic Services Experience Bidder must demonstrate experience performing ergonomic assessments in workplace environments, including, as applicable, onsite, remote, and hybrid work settings. Experience must include evaluation of workstations and/or work processes, development of equipment or work-practice recommendations, preparation of written assessment reports, and follow-up services.

4. Qualified Personnel Bidder must have personnel with education, training, professional experience, certifications, licenses, or other qualifications appropriate to the services they will perform. Personnel performing ergonomic assessments must possess appropriate ergonomic training or professional qualifications, such as Certified Professional Ergonomist (CPE), CEAS (Certified Ergonomic Assessment Specialist), OT (Occupational Therapist), PT (Physical Therapist), or equivalent education, certification, training, or demonstrated professional experience in ergonomics.

5. Knowledge of Applicable Requirements Personnel performing RA-related services must demonstrate working knowledge of the Americans with Disabilities Act (ADA), California Fair Employment

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Reasonable Accommodation, and Housing Act (FEHA), and applicable workplace Reasonable Accommodation principles and processes. Contractor services shall be consultative and administrative and shall not constitute legal advice or legal representation.

6. Training and Program Support Experience Bidder must have demonstrated experience developing and/or delivering training, presentations, guidance, or program support relating to Reasonable Accommodation, ergonomics, disability management, workplace accessibility, or substantially similar subjects.

7. Written Documentation and Reporting Bidder must demonstrate the ability to prepare clear, professional, and timely written reports, recommendations, case documentation, assessment findings, training materials, and/or management reports appropriate to the services described in the SOW.

8. Confidentiality and Information Handling Bidder must have established practices for protecting confidential and sensitive information obtained in connection with RA and ergonomic services, including medical, personnel, and other confidential information.

9. Organizational Capacity and Responsiveness Bidder must demonstrate sufficient staffing and organizational capacity to provide services on an as-needed basis for up to 50 personnel, including the ability to manage multiple or concurrent requests and provide onsite, remote, and/or hybrid services as required by the State.

10. Comparable References Bidder must provide four (4) references for organizations for which the bidder has performed services comparable in scope and complexity to the services described in the SOW. At least one reference should demonstrate RA-related services and at least one should demonstrate ergonomic services; a single reference may satisfy both requirements.

Contractor can use qualified employees and/or subcontractors, but the Contractor will be fully responsible for meeting the minimum qualifications (MQ) and for all subcontractor performance.

IV. PROPOSAL REQUIREMENTS

Minimum Qualifications Questionnaire – Bidder Narrative

Instructions: The Bidder must provide a complete narrative response to each question below. Responses such as “Yes,” “Comply,” “See Proposal,” or similar statements without supporting information will not be considered sufficient. The Bidder must identify specific experience, personnel, projects, dates, clients, services performed, and other information necessary for the State to determine whether the Bidder meets each

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Reasonable Accommodation, Minimum Qualification. Failure to demonstrate compliance with any Minimum Qualification may result in the bid being deemed non-responsive.

Narrative Response Requirements: The Bidder's complete narrative response to the Minimum Qualifications Questionnaire shall not exceed fifteen (15) pages total.

Responses must be prepared using Arial, 12-point font, single-line spacing, and one-inch (1") margins on all sides.

The fifteen (15)-page limitation applies only to the Bidder's narrative responses to the Minimum Qualifications Questionnaire. Resumes and curricula vitae (CVs) for proposed personnel are excluded from the fifteen (15)-page and specified layout limitations.

State-provided forms (i.e., attachments) and Mandatory Business Documents are also excluded from the fifteen (15)-page and specified layout limitations.

MQ Bidder Narrative Requirement

MQ 1 – Relevant Experience

Describe your company’s relevant experience during the past five (5) years. Identify the organization(s), dates of service, nature and scope of services, approximate volume of work, and the Bidder's responsibilities.

Demonstrate at least three (3) years of qualifying experience.

MQ 2 – Reasonable Accommodation

Describe your company’s experience providing RA services. Include examples demonstrating experience with intake/case review, the interactive process, functional limitations and essential job functions, accommodation alternatives, written recommendations, implementation, follow-up, and complex cases. Clearly identify which services the Bidder actually performed.

MQ 3 – Ergonomic Services

Describe your company’s experience conducting ergonomic assessments. Identify the types of environments assessed (onsite, remote, hybrid, office, or other applicable workplaces), workstations and/or work processes evaluated, assessment methodology, types of recommendations provided, written deliverables, and follow-up activities.

MQ 4 – Qualified Personnel

Identify the key personnel proposed to perform the services. For each individual, provide name, proposed role, relevant education, certifications/licenses, specialized training, years of relevant experience, and

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Reasonable Accommodation, the services the individual will perform. Explain how each individual’s experience and qualifications demonstrate equivalent competency to perform the ergonomic services required by the Scope of Work (SOW).

MQ 5 – Applicable Requirements

Describe your company’s working knowledge and practical experience applying ADA, FEHA, and Reasonable Accommodation principles in a workplace setting. Provide examples demonstrating how this knowledge has been applied while distinguishing administrative/consultative RA services from legal advice.

MQ 6 – Training/Program Support

Describe your company’s experience developing and/or delivering training or program support relating to RA, ergonomics, disability management, accessibility, or comparable subjects. Identify the audience, subject matter, delivery method, approximate number of participants, and Bidder's role.

MQ 7 –

Documentation/Reporting

Describe your company’s experience preparing written assessments, recommendations, case documentation, reports, training materials, or similar deliverables. Identify the types of documents routinely produced and the Bidder's quality-control and timeliness practices.

MQ 8 – Confidentiality

Describe the administrative, physical, and/or technical practices the Bidder uses to safeguard confidential information, including medical and personnel information.

Explain how access is restricted and how confidential information is transmitted, stored, retained, and disposed of, as applicable.

MQ 9 –

Capacity/Responsiveness

Describe how your company will provide sufficient staffing and capacity to support up to 50 personnel on an as-needed basis. Explain the Bidder's ability to manage concurrent requests, urgent assignments, onsite services, remote services, and/or hybrid services, staff absences, and fluctuations in workload.

MQ 10 – References

Provide four (4) unique, comparable client references.

For each reference, provide the organization name, contact person/title, telephone number/email address, dates of service, services performed, and a brief explanation of how the engagement is comparable to this

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Reasonable Accommodation, SOW. Two (2) references must demonstrate Reasonable Accommodation (RA) services, and two (2) references must demonstrate ergonomic services. All references must be for services performed within the last five (5) years.

Bidder Certification: By signing the bid, the Bidder certifies that the information provided in response to the Minimum Qualifications is true and accurate and that the Bidder meets all Minimum Qualifications as of the bid due date. The State reserves the right to verify any information provided, contact references, request clarification or supporting documentation as permitted by the solicitation, and reject a bid that does not demonstrate compliance with all Minimum Qualifications.

V. KEY ACTION DATES

• Refer to the Key Action Dates as a separate attachment.

• Please note Key Action Dates may be subject to change based on

CAC’s business need. Changes will be announced via an addendum.

VI. QUESTIONS & ANSWERS

• Questions about this RFP must be submitted directly to CAC’s

Procurement Analyst, Procurement@arts.ca.gov, and must be received by the date and time listed in Section V. Key Action Dates. Please refer to the solicitation number in the subject line when submitting questions. For example, “RFP No.: RFP-26-015 Questions”.

• All questions will be answered via a formal addendum to this RFP. No questions will be answered directly via email or by phone.

o When published, interested parties can obtain a complete set of questions and answers as an addendum to this RFP at:

https://caleprocure.ca.gov/pages/index.aspx.

• Bidders are strongly encouraged to submit questions and review the responses to all the questions.

http://www.arts.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx

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Reasonable Accommodation, VII. MANDATORY BUSINESS REQUIREMENTS

• Bidder must be based in the State of California, have a physical presence in the State, doing business in the State, and is currently qualified to do business in California during the RFP process, contract award date and throughout the terms of the Agreement.

• “Doing Business” in the State of California is defined as “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit” (Revenue and Taxation Code Section 23101). Civil and criminal penalties may apply under California law to a corporation that conducts business in California and persons who conduct business on behalf of a corporation if the corporation is not authorized to conduct business in California.

• A bidder’s applicable business type must be registered with the State of California, Secretary of State.

• A bidder with the applicable business type must provide a copy of their registration with California’s Secretary of State to CAC. You may view the lists and status here: https://www.sos.ca.gov/business-programs.

• For nonprofit bidders, must have 501(c)(3) federal tax-exempt status. You may view your organization’s status at https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations.

• A nonprofit bidder must provide a copy of their IRS designation letter or the like showing your tax-exempt status.

• Business license and/or a business tax certificate will be required from bidders. Bidders are responsible for procuring a business license. Contact your local government (city or county).

• State agencies are required to verify bidders do not have a negative evaluation on file with Department of General Services Office of Legal Services. Refer to PCC section 10371 and SCM Volume 1, Section 3.02.3.

• Must be able to provide a copy showing appropriate liability insurance coverage and name CAC as an additional insured. Please see additional details on the State’s minimum insurance requirements.

• The bidder must not have an active state or federal tax liens, suspensions or delinquent filings.

• Prohibition on Tax Delinquency: Any Agreement that a State Agency enters into after July 1, 2012, is void if the contract is between a State Agency and a Contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. In accordance with Public Contract Code Section 10295.4, agencies are required to reject offers and/or cancel Agreements with entities that appear on either list. Refer to the following:

https://www.sos.ca.gov/business-programs https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations

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Reasonable Accommodation, o Franchise Tax Board: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html.

o Department of Tax and Fee Administration:

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

• Refer to the following for details on minimum insurance required by the State of California: https://www.dgs.ca.gov/- /media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance- Requirements.pdf.

• CAC reserves the right to submit copies of the bidder’s insurance to Department of General Services Office of Risk and Insurance Management (ORIM) for review to ensure minimum insurance coverage are met required by the State. Refer to https://www.dgs.ca.gov/ORIM.

VIII. RFP SUBMISSION INSTRUCTIONS

This RFP contains all instructions that govern the requirements for Solicitation submission. It addresses the required format of the proposal and related material to be contained therein. It also lists the specific requirements that all interested parties must meet to be eligible for consideration.

A. Interested parties must:

1. Carefully read the entire RFP.

2. Submit all completed response(s) by the required dates and times.

Refer to Key Action Dates.

3. Accurately follow and appropriately address all RFP procedures and requirements.

4. The solicitation must be submitted in a non-editable PDF, except for the Cost Proposal Worksheet, which must be in Excel format.

5. The employee lead(s) and key personnel resumes/CVs should also be submitted in non-editable PDF.

6. The Solicitation must be entirely in English.

7. Solicitation should be organized in the order as shown on Attachment

1: Required Attachments and Mandatory Business Documents Checklist.

8. Bidders are responsible for ensuring that files can be accessed on both Windows and Macintosh operating systems and that any hyperlinks are functioning and accessible.

9. All required documents must have all the necessary signatures and/or dates by the authorized personnel/agent.

B. Submission of RFP https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Outreach/Resources/Contract-Insurance-Requirements.pdf https://www.dgs.ca.gov/ORIM

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Reasonable Accommodation,

1. The entire bid package must be submitted electronically via email to:

Procurement@arts.ca.gov.

a. Include the RFP number in the subject line of the email of your submission. For example: RFP-26-015 Submission.

2. CAC will not accept bids submitted separately or piecemeal. However, if bidder encounter issues with file size, please advise the Procurement Analyst immediately: Procurement@arts.ca.gov or (916) 960-7549.

Bidders must give the Procurement Analyst at least 24 hours to respond to provide assistance.

3. The bidder is solely responsible for addressing and resolving all logistical or technical issues related to preparing and submitting your solicitation so that your solicitation is received by the deadline.

4. If CAC is unable to view, read and/or access your submission/files, the bid may be…