S25DWC003_Medical_Access_Study_RFP.pdf

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S25DWC003 Medical Access Study
Solicitation number
S25DWC003
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California

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RFP S25DWC003 Summary

This is a Request for Proposal (RFP) issued by the California Department of Industrial Relations (DIR), Division of Workers' Compensation (DWC), for an independent consulting firm to conduct a comprehensive medical access study over a 48-month period. The study shall analyze whether adequate access exists to quality health care and products, including prescription drugs and pharmacy services, for injured workers under California's workers' compensation system, and provide recommendations to ensure continued access as required by Labor Code Section 5307.2. The contractor will be responsible for reviewing prior studies and data, establishing methodology, completing annual studies for calendar years 2025 through 2028, and delivering draft and final summary reports. The contractor must submit proposals by November 18, 2025, at 3:00 p.m. via email to the specified DIR contacts. Optional interviews with the three highest-scoring proposals may be conducted between December 8-12, 2025, with notice of proposed award posted on December 16, 2025. The agreement is expected to commence on January 19, 2026, following all necessary approvals and will run for 48 months. Deliverables include written analyses, presentations, yearly reports analyzing physician trends, specialist access, medical provider networks, utilization review impacts, and telehealth effects, along with monthly progress reports and quarterly meetings throughout the contract term.

The total contract budget is limited to $1,250,000, with proposals exceeding this amount subject to disqualification. Minimum qualifications require the proposer to possess at least five years of experience in independent empirical research and analysis, qualitative and quantitative research in medical care and health policy, communicating findings to policymakers and the public, conducting cost-benefit and econometric analyses, working with large administrative datasets pertaining to workers' compensation, and managing confidential data for state and government agencies. The contractor must maintain professional liability insurance of at least $1,000,000, general liability coverage of $1,000,000 per occurrence with $2,000,000 annual aggregate, and workers' compensation insurance. The state will apply a 10 percent withhold on all invoices until all deliverables are accepted, with payment made upon task completion in arrears. No incumbent contractor is identified. The proposal evaluation includes administrative responsiveness review, technical evaluation scored on management plan, methodology, work schedule, personnel experience, and cost factors totaling 100 points, with a minimum score of 70 points required for award eligibility. Optional socio-economic preferences including Disabled Veteran Business Enterprise incentives of up to 5 percent and Small Business preferences are available.

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STATE OF CALIFORNIA GAVIN NEWSOM, Governor

REQUEST FOR PROPOSAL (SECONDARY METHOD)

Notice to Prospective Proposers RFP No. S25DWC003

October 21, 2025

You are invited to review and respond to this Request for Proposal (RFP) No. S25DWC003, titled, “MEDICAL ACCESS STUDY.” In submitting your proposal, you must comply with the instructions found herein.

This RFP is published online in the California State Contracts Register (CSCR) at https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda to this RFP that may be issued, interested parties are encouraged to register online at:

https://caleprocure.ca.gov.

The Department of Industrial Relation’s (DIR) deadline for receipt of proposals is November 18, 2025, no later than 3:00 p.m. All proposals received late will be rejected.

File size cannot exceed 50 Mega Bytes (MB). The naming convention of the proposal must be in the following format: “RFP S25DWC003 [Insert vendor name] Proposal.” Proposals must be received on or before the date and time specified herein at email addresses provided below:

EMAIL RFP Proposal to:

Email: msanchez@dir.ca.gov CC: abarron@dir.ca.gov

CC: procurement@dir.ca.gov

You are advised that you are responsible for ensuring that your proposal is received by the above listed contact person by the time and date required. Any proposal reaching the contact person after the deadline date and time will be rejected.

In the opinion of DIR, this RFP is complete and without need of explanation. However, if you have questions, notice any discrepancies or inconsistencies, or need any clarifying information, contact the person listed below. All questions must be submitted in accordance with the RFP instructions contained herein and sent via email directly to the below listed contact person and not through the Cal eProcure system.

Contact: McKenzie Sanchez

CC: abarron@dir.ca.gov CC: procurement@dir.ca.gov

We appreciate your interest in this project and hope to receive a proposal from you if this is within your area of expertise.

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

Department of Industrial Relations RFP No. S25DWC003

TABLE OF CONTENTS

SECTION PAGE

I. PURPOSE / BACKGROUND / SCOPE OF WORK 3

A) Purpose 3 B) Background 4 C) Scope of Work 6

II. PROPOSAL REQUIREMENTS (GENERAL) AND INFORMATION 6

A) Key Action Dates 7 B) Questions Regarding RFP Requirements 7 C) General Proposal Requirements 8 D) Submission of Proposals 8 E) Modification and/or Withdrawal of Proposals 9 F) Proposer Responsibilities 9 G) Signature 12 H) Disposition of Proposals 12 I) Socio-Economic and Preference Programs 12

III. PROPOSAL REQUIREMENTS (TECHNICAL) 15

A) Proposal Requirements 15

1) Minimum Qualifications 15

2) Title Page 15

3) Cover Letter / Letter of Commitment 16

4) Table of Contents 16

5) Summary 16

6) Minimum Qualifications Response 16

7) Required Attachments 16

8) References 16

9) Conflict of Interest and Confidentiality Statement 17

10) Subcontracts / Subcontractors 17

11) Technical Portion 17

a. Management Plan 17

b. Methodology (Approach to Work) 17

c. Work Plan and Work Schedule 18

d. Personnel / Experience / Work Samples 19

e. Page Headers and Page Numbering 19

B) Cost Proposal Requirements 20

1) Cost Detail 20

2) Page Headers and Page Numbering 20

IV. EVALUATION, SELECTION, AND AWARD 21

A) Administrative Evaluation (Phase 1) 21 B) Technical Evaluation (Phase 2) 21

1) Scoring Criterion Guidelines 21

2) Cost Points 21 C) Optional Interviews (Phase 3) 23 D) Proposal Evaluation Form 24 E) Proposal Rejection 27 F) Selection 27 G) Notice of Proposed Award 28 H) Standard Conditions of Service 28

I) Post Award Requirements 29

ATTACHMENTS PAGE

1. Required Attachment Checklist 30

2. Draft Standard Agreement (STD 213) 31

Exhibit A, Scope of Work 32 Exhibit A, Attachment 1 – Technical Proposal 39 Exhibit A, Attachment 2 – Progress Report Template 40 Exhibit B, Budget Detail and Payment Provisions 41 Exhibit B, Attachment 1 – Contractor Cost Sheet 42 Exhibit C, General Terms and Conditions (GTC 02/2025) 43 Exhibit D, Special Terms and Conditions 44 Exhibit E, Additional Provisions 51 Exhibit E, Attachment 1, Statement Regarding Confidentiality and Security of DIR Information

Exhibit E, Attachment 2, Acknowledgment of Confidentiality 59

3. Proposer References Form 60

4. Payee Data Record (STD 204) 61

5. Contractor Certification Clauses (CCC 04/2017) 63

6. California Civil Rights Laws Certification 67

7. Iran Contracting Act Verification Form 68

8. Darfur Contracting Act Certification 69

9. Bidder Declaration Form 71

10. CA DVBE Bid Incentive Instructions 73

11. Contractor Cost Sheet 76

12. Detailed Response for Minimum Qualifications 78

I. PURPOSE / BACKGROUND / SCOPE OF WORK

A. PURPOSE

The purpose of this agreement is to carry out the requirements of Labor Code Section 5307.2, which requires the Administrative Director of the DIR Division of Workers’ Compensation [DWC] (Administrative Director) to contract with an independent consulting firm to perform an annual study of access to medical treatment for injured workers. The study shall analyze whether there is adequate access to quality health care and products, including prescription drugs and pharmacy services, and make recommendations to ensure continued access.

For a detailed description of the work to be performed, please refer to Attachment 2, Draft Standard Agreement. The work of this contract is expected to require Forty-Eight

(48) months; no work shall begin until all required signatures and approvals are obtained and the DIR Project Manager provides direction.

The total budget for the entire contract is $1,250,000.00. Proposals exceeding this amount may be deemed non-responsive and ineligible for award.

B. BACKGROUND

The State Constitution guarantees that workers injured on the job have access to medical care (“full provision for such medical, surgical hospital and other remedial treatment as is requisite to cure or relieve from the effects of injury”). The Division of Workers’ Compensation includes a Medical Unit that provides oversight on the administration of medical care in workers’ compensation cases.

In 2012, SB 863 made fundamental changes in various components of medical care in the workers’ compensation system. These changes included:

1. Medical Necessity Determinations

a. Independent Medical Review (IMR) – effective Jan. 1, 2013, for injuries occurring on or after that date, and effective July 1, 2013, for all dates of injury, IMR is used to decide disputes between physician and claims administrator about necessary medical treatment for injured workers. The IMR program is administered by the DWC with costs borne by the employer and is similar to the group health process for medical treatment dispute resolution. IMR can only be requested by an injured worker or their representative after the issuance of a utilization review decision which modifies, delays, or denies a treatment request.

The IMR annual report can be viewed at:

https://www.dir.ca.gov/dwc/IMR/reports/IMR-Annual-Report.pdf

b. Expedited hearings, effective January 1, 2013, provides for disputes over where injured employees may receive treatment to be resolved at expedited hearings.

c. Primary Treating Physician, effective January 1, 2013, makes pre-designation available for employees with health coverage regardless of whether the coverage is employer-based. Also, chiropractors may no longer act as the primary treating physician once a 24-visit cap is reached.

2. Medical Provider Networks (MPN)

a. Labor Code section 4616(a)(1) was amended to allow an entity that provides physician network services to establish and modify an MPN. Labor Code section 4616(a)(4) was added requiring MPN’s post on their Internet Websites a roster of all treating physicians in the MPN that is to be updated at least quarterly.

Every MPN is required to provide to the Administrative Director its Internet Website address and its roster of treating physicians which will be posted on the DWC’s Internet Website. Labor Code section 4616(b)(1) was amended to implement the MPN four-year approval period requiring every MPN to file a Plan for Reapproval before the four-year approval period expires.

b. Labor Code section 4616.2 was amended to include an entity that provides physician network services as an entity, along with an employer or insurer, as entities that have obligations to provide the completion of treatment when an MPN continuity of care issue arises. Finally, amended Labor Code section

5307.1 to require the Administrative Director to adopt a physician fee schedule based on the federal resource-based relative value scale used in Medicare, and specified that the reasonable maximum fees would be calculated with base year 2012, and adjusted annually by the Medicare Economic Index and Medicare relative value scale adjustments.

3. Appropriate Fees for Medical and Other Services

a. SB 863 authorized DWC to either modify or establish a wide range of fee schedules for services that are necessary to provide medical treatment for injured workers including the home health care fee schedule and the interpreter services fee schedule.

b. SB 863 also amended Labor Code Section 5307.1 relating to the Official Medical Fee Schedule (OMFS) to require the following:

i. Adoption of the OMFS for physician and non-physician practitioner services in workers’ compensation based on Medicare’s Resource-Based Relative Value Scale (RBRVS). DWC adopted the schedule, and it is effective for services rendered on or after January 1, 2014.

ii. Reduction of Ambulatory Surgical Center facility fees. The aggregate payment for these services cannot exceed 80% of Medicare hospital outpatient department fees for the same services.

iii. Duplicate payment for spinal hardware was eliminated, and appropriate fees are established. Labor Code Section 5318 was repealed, and double charging for spinal hardware is no longer permitted.

4. Medical Legal Evaluations

a. Limited the number of office locations to ten for Qualified Medical Evaluators

(QME).

b. The parties were no longer required to attempt to reach an Agreed Medical Evaluator (AME) agreement before requesting a QME panel.

5. Timely Payment for Medical and Other Services

a. SB 863 required that the provider must itemize services, and the employer must respond with Explanation of Review (EOR); the provider may request second internal review, and the employer must respond; after the second internal review, the provider may request Independent Bill Review (IBR).

b. SB 863 created an IBR process administered by DWC to resolve disputes regarding the amount to be paid to doctors. The costs of IBR are initially advanced by the medical provider and ultimately borne by the “losing” party.

i. For more details on the above and other provisions of SB 863 please review legislative history and some additional resources may include:

https://www.dir.ca.gov/dwc/FAQ/IBR-Lien-Both.html and https://www.dir.ca.gov/osip/OSIP-FAQ.htm

The legislation that mandated this study indicates that if the Administrative Director (AD) determines there is insufficient access to care for injured workers, the AD is authorized to make “appropriate adjustments to medical and facilities’ fees.” With a determination that “substantial” access problems exist, the AD may adopt fees in excess of the 120 percent of Medicare-set fees for applicable services or products.

There are several studies on access to care regarding workers compensation, and more generally, access of care to the public. Some of these studies include:

• 2013, 2014 and 2015, Berkeley Research Group study, titled “Study of Access to

Medical Treatment for Injured Workers.”

• February 1, 2007, UCLA Center for Health Policy Research study titled: “Access to Medical Treatment in The Workers’ Compensation System, 2006”

• June 2022, August 2023, and December 2024 Healthforce Center at University of San Francisco (UCSF) study titled: “Annual Update on California’s Physician Workforce.”

• March 2022, California Workers’ Compensation Institute study by Stacy L. Jones and Alex Swedlow titled: “Can Access to Medical Care in California Workers’ Compensation be improved?”

• 2019, RAND study by Kandice A. Kapinios and Cheryl K. Montemayor titled:

“Access to Medical Treatment for Injured Workers in California”.

C. SCOPE OF WORK

The Contractor shall conduct comprehensive medical access reviews over a 48 month period. Responsibilities include, but are not limited to, reviewing prior studies and data, establishing methodology, completing annual studies, providing written reports and participating in quarterly meetings.

For a detailed description of the work to be performed, please refer to Attachment 2, Draft Standard Agreement.

II. PROPOSAL REQUIREMENTS (GENERAL) AND INFORMATION

This section contains instructions for the submission of your proposal. It is the responsibility of the proposer to carefully read and follow all proposal requirements within this RFP.

Compliance with the RFP instructions is mandatory for your proposal to be considered for award. Failure to comply with the RFP instructions may cause your proposal to be deemed non-compliant and non-responsive, thus ineligible for award.

https://www.dir.ca.gov/dwc/FAQ/IBR-Lien-Both.html https://www.dir.ca.gov/osip/OSIP-FAQ.htm

A. KEY ACTION DATES

Below is the tentative time schedule for this RFP. DIR reserves the right to modify the RFP and/or change dates and times at its sole discretion, prior to the date fixed for submission of proposals, by the issuance of an addendum that will be posted on the California State Contracts Register (CSCR) at: https://caleprocure.ca.gov.

1. DIR reserves the right to modify or cancel in whole or any part of this solicitation.

2. Clarifications to the solicitation will only be provided in the form of a written addendum to all Proposers.

Key Actions Dates Time RFP Available to Prospective Proposers 10/21/2025 N/A Written Questions Submittal Deadline 10/28/2025

4:00 p.m.

Question and Answers Addendum Posted 11/4/2025 4:00 p.m.

Final Date for Proposal Submission/Receipt by DIR

11/18/2025

3:00 p.m.

Evaluation of Proposals 11/19/25- 12/5/2025

N/A

Interviews (Optional) 12/8/2025- 12/12/2025

3:00 p.m.

Posting of Intent to Award Notice(s) (Notice is posted for five [5] business days)

12/16/2025

Agreement Sent to Successful Proposer 12/26/2025 N/A Signed Agreement Returned to DIR for Countersignature

12/30/2025

Agreement Approved and Executed – work begins

1/19/2026

Dates listed above (or below, depending on page) are estimates only, and subject to change at DIR’s sole discretion. No work shall begin until all required approvals and signatures, including the Department of General Services (DGS) Office of Legal Services, if applicable, are obtained.

B. QUESTIONS REGARDING RFP REQUIREMENTS

All questions or concerns related to the RFP requirements must be directed electronically to:

Office of Administrative Services Business Management Office https://caleprocure.ca.gov/

Contact: McKenzie Sanchez

Questions must be received by the date and time specified under Section II, A. Key Action Dates. Answers to all questions submitted will be in the form of an addendum posted to the DGS California State Contracts Register (CSCR) website https://caleprocure.ca.gov/pages/index.aspx by the date and time specified under Section II, A. Key Action Dates. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to all parties/participants. All questions must be submitted referencing the RFP number in the subject line, directly to the above listed contact person and not through the Cal eProcure system.

C. GENERAL PROPOSAL REQUIREMENTS

1. Proposals should provide straightforward and concise descriptions of the Proposer’s ability to satisfy the requirements of this RFP. The proposal must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a proposal.

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

Any deviation from the work specifications (Section Ill, Proposal Requirements, and Attachment 2, Draft Standard Agreement) may cause a proposal to be rejected.

D. SUBMISSION OF PROPOSALS

1. Proposals must be submitted no later than the date and time indicated in Section

II.A. Key Action Dates, and must be addressed as follows in Item 2.

Proposals received after this date and time will not be considered and will be rejected.

2. Delivery Instructions

Responses to this RFP shall be submitted to DIR at the following email addresses provided in Section 2.b. below and include:

a. One (1) copy containing the Technical Proposal and all other required elements along with the Cost Proposal.

b. Submit to the following email addresses and reference the RFP number in the subject line.

mailto:msanchez@dir.ca.gov mailto:abarron@dir.ca.gov mailto:procurement@dir.ca.gov https://caleprocure.ca.gov/pages/index.aspx

3. Each proposal will be reviewed to determine if it meets the proposal requirements contained in Section lV. Proposal Requirements (Technical). Failure to meet the requirements for the RFP may be cause for rejection of the proposal.

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

5. DIR may modify the RFP up to the specified time of the date fixed listed for submission of proposals by the issuance of an addendum to all parties who received a proposal package. Any addendum(s) will be issued through the Cal eProcure system.

6. DIR reserves the right to reject any or all bids. The agency is not required to award an agreement. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the State.

7. More than one (1) proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any Proposer has submitted more than one proposal for the work contemplated herein will cause the rejection of all proposals submitted by that Proposer. If there is reason to believe that collusion exists among the Proposers, none of the participants in such collusion will be considered, in this or future procurements.

E. MODIFICATION AND/OR WITHDRAWAL OF PROPOSALS

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

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

2. A Proposer may withdraw its proposal by submitting a written withdrawal request to DIR signed by the Proposer or an agent authorized in accordance with Section II.G., titled “Signature.” A Proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

F. PROPOSER RESPONSIBILITIES

1. Proposers should carefully examine the entire RFP, with special attention to the tasks and deliverables found in Attachment 2, Draft Standard Agreement.

Proposers shall investigate obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of the requirements.

2. Before submitting a response to this RFP, Proposer(s) should review their response, correct all errors, and confirm compliance with the RFP requirements. It is the Proposer’s responsibility to complete and submit all required attachments as listed on Attachment 1.

3. Costs incurred for developing proposals and in anticipation of award of the Agreement are entirely the responsibility of the Proposer and shall not be charged to

DIR.

4. It is the Proposer’s responsibility to promptly notify DIR’s contract analyst identified in the solicitation, in writing, by e-mail, if the Proposer believes that the solicitation is unfairly restrictive, contains errors or discrepancies, or is otherwise unclear. Notification must be done immediately upon receipt of the solicitation in order that the matter may be fully considered and appropriate action taken by DIR prior to the closing time set to receive solicitation responses. Such notification must be submitted no later than the question and answer period referenced in Section II.A., Key Action Dates. All such correspondence received after the question and answer deadline will not be considered.

5. Proposer is responsible to review, read, understand, and comply in full with the

State’s General Terms and Conditions along with the Contractor’s Certification Clauses (CCC) as listed at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract- Language.

6. Each proposal must constitute an irrevocable offer for a period of at least 180 working days after proposal submission.

7. The Proposer must provide evidence to show that members of the team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but does not limit to the following: résumés, letters of reference, project summaries that highlight the team’s specific experience. Proposers must complete Attachment 3, Proposer References Form.

8. The Proposer must own and operate a legitimate business. If required by law, the

Proposer must be registered and in good standing within the California Secretary of State. All businesses that are required to be registered with the California Secretary of State must be registered prior to date of Agreement award. Evidence of registration shall be submitted with the proposal.

9. In the event that any license(s) and/or permit(s) expire at any time during the term of this agreement, Proposer agrees to provide agency a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Proposer fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

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

10. It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

11. The Proposer must complete and submit to DIR, the Payee Data Record (STD 204), Attachment 4, to determine if the selected proposer is subject to state income tax withholding, pursuant to California Revenue and Taxation Code, Section 18662.

This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fm c/pdf/std204.pdf . No payment shall be made unless a completed STD 204 has been returned to DIR. Payee Data Record Supplemental (Std. 205) (if applicable) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

12. The Proposer must sign and submit to DIR, page one (1) of the Contractor

Certification Clauses (CCC 04/2017), Attachment 5, or the form can be obtained via the Internet at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of- Legal-Services-Resources-List-Folder/Standard-Contract-Language.

13. The Proposer must sign and submit to DIR, the California Civil Rights Laws Certification, Attachment 6.

14. The Proposer must sign and submit to DIR, the Iran Contracting Act Verification Form, Attachment 7.

15. The Proposer must sign and submit to DIR, the Darfur Contracting Act Certification, Attachment 8.

16. Russian Sanctions N-6-22 Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

17. Generative Artificial Intelligence (GenAI)

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf 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 materially impacts: (i) functionality of a State system, (ii) risk to the State, or

(iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

G. SIGNATURE

1. All documents requiring signatures contained in the original proposal package must have original or electronic signatures.

2. Only an individual who is authorized to bind the proposing firm contractually shall sign the required Cover Letter for the proposal. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

H. DISPOSITION OF PROPOSALS

Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. The State cannot prevent the disclosure of public documents.

I. SOCIO-ECONOMIC AND PREFERENCE PROGRAMS

1. Disabled Veteran Business Enterprise (DVBE) Incentive – Optional

This solicitation does not require a minimum amount of DVBE participation.

However, you are strongly encouraged to either become certified, if eligible, or to subcontract a portion of the work to a certified DVBE. If a prime bidder is a certified DVBE or commits to subcontracting with DVBE(s), the bid may be eligible to receive a bid preference provided that the DVBE provides a commercially useful function as defined in California Military Code Section 999(i) and California Code of Regulations, Title 2, Section 1896.71. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on Attachment 9, titled Bidder Declaration GSPD-05-105 and confirmed by the State.

Proposers claiming the DVBE incentive must complete and return the Disabled Veteran Business Declarations form found at: STD. 843 (Rev. 11/2005) (ca.gov).

The incentive amount varies in conjunction with the percentage of DVBE participation offered. The minimum requirement is 1% with a maximum of 5% DVBE participation and the incentive will be equal to the participation offered as defined below:

Confirmed DVBE Participation of:

DVBE

Incentive:

1% to 1.99% inclusive 1% 2% to 2.99% inclusive 2% 3% to 3.99% inclusive 3% 4% to 4.99% inclusive 4%

5% or Over 5%

2. Small Business (SB) or Microbusiness (MB) Preference – Optional

If Proposer is claiming the 5% certified SB or MB preference, or is committing to subcontract 25% or more of their net bid price to one or more certified SB or MB (Non-small business preference [NSB]), list firm names on Attachment 9 (GSPD-05- 105 Bidder Declaration) and attach a copy of the certification. Additional References:

http://www.pd.dgs.ca.gov

Questions regarding the certification approval process or the SB program should be directed to the Department of General Services, Procurement Division at (800) 559- 5529 or (916) 375-4940; email: OSDSHelp@dgs.ca.gov. For the 24-Hour Recording & Mail Request call (916) 322-5060.

SB, MB or NSB bidders or proposers using the SB preference shall be granted a preference consisting of 5% of the highest responsible bidder’s total score.

3. Target Area Contract Preference Act (TACPA)

The TACPA preference will be granted for this solicitation. Proposers wishing to take advantage of this preference will need to review the following website and submit the appropriate response with their proposal: Forms (ca.gov)

Proposers seeking to obtain a TACPA preference must complete and submit the TACPA Preference Request, STD. 830, and DGS/PD 526 with their Proposal. The STD. 830 and DGS/PD 526 are available to download at the link provided above.

4. Preference and Incentive Application – Optional

a. DVBE Incentive Points are factored by multiplying a Proposer’s DVBE participation commitment percentage (%) by the total possible points that could be awarded (see Table 1 below). This amount is then added to the proposer’s total points. In the Table 2 sample below, Proposer B received a 60-point incentive (.05% commitment x 1200 total points available), which was added to https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf http://www.pd.dgs.ca.gov/ https://www.dgs.ca.gov/PD/Forms?search=tacpa&topicCategoryFilters=&audienceCategoryFilters=&sort=relevance&activeFilters=&page=1 its total points resulting in its proposal ranking as first in line for award. Proposer C’s 2% commitment resulted in its receiving 24 incentive points, and making its proposal rank as second in line for award.

b. Preference is calculated by multiplying 5% of the highest scoring NSB proposer, and adding those points to SB proposers and NSBs subcontracting 25% or more to a SB. In the Table 2 sample below, the calculation is based on Proposer B’s 1155 points x .05 resulting in 57.75 additional points added to the certified SBs (A and C).

c. Under the High Score Method, it is possible to displace a high point certified SB with the application of the DVBE Incentive.

TABLE 1: HIGH SCORE METHOD SAMPLE

Available points example using sliding scale:

Administrative: 200 points Technical: 400 points

Cost: 600 points Total: 1200 points

Possible Maximum 60 points DVBE incentive calculated as follows:

Confirmed DVBE Participation Possible Points Calculation:

1% - 1.99% inclusive 1% X 1200 = 12 2% - 2.99% inclusive 2% X 1200 = 24 3% - 3.99% inclusive 3% X 1200 = 36 4% - 4.99% inclusive 4% X 1200 = 48

5% and Higher 5% X 1200 = 60

TABLE 2: HIGH SCORE METHOD SAMPLE RESULTS

Proposer A B C Responsive/Responsible Yes Yes Yes

Total Points 1050 1155 1125 Eligible Preference SB None SB

SB Preference Points Applied

57.75 0 57.75

Subtotal 1107.75 1155 1182.75 Rank 3 2 1

Confirmed DVBE Participation

No (0%) Yes (5%) Yes (2%)

Incentive Points Applied None 60 24 Adjusted Points 1107.75 1215 1206.75

New Rank 3 1 2

III. PROPOSAL REQUIREMENTS (TECHNICAL)

A. PROPOSAL REQUIREMENTS

The proposal must contain the following components, information and documents outlined below. Each requirement’s location must be listed in the Proposal’s Table of Contents. Also see Section II. D. Submission of Proposal, for general submittal details.

1. Minimum Qualifications

The Proposer must provide a detailed response, outlining information as to how the Proposer meets each of the minimum qualifications listed below. The Proposer must provide their detailed response on Attachment 12, Detailed Response for Minimum Qualifications. Proposals that do not meet the minimum qualifications will be determined non-responsive and ineligible for award.

a. Proposer shall have a minimum of 5 years of experience providing independent, nonpartisan, empirical research and analysis.

b. Proposer shall have a minimum of 5 years of experience conducting qualitative and quantitative research and analysis in one or more of the following fields:

medical care, health care services, health policy analysis, access, fee schedules, and quality of care with respect to workers’ compensation.

c. Proposer shall have a minimum of 5 years of experience communicating analytic findings in useful forms to policy- makers, business decision-makers, and the general public.

d. Proposer shall have a minimum of 5 years of experience in conducting cost-benefit, descriptive and econometric statistical analyses.

e. Proposer shall have a minimum of 5 years working with large administrative datasets pertaining to workers’ compensation health care services.

f. Proposer shall have a minimum of 5 years working with confidential data with state and government agencies.

2. Title Page

The purpose of this page is to provide information needed by DIR administrative staff. It must contain the following items:

a. The title of the proposal, which must be the same as the title of the RFP;

b. The number of the RFP, S25DWC003

c. The date of proposal.

3. Cover Letter / Letter of Commitment

The cover letter must not be more than two (2) pages, in Arial size-12 point font or similar, and must include the following paragraph and the signature of the representative authorized to make the proposal on behalf of the firm:

“The enclosed proposal is submitted in response to the above referenced Request for Proposal S25DWC003, including any addenda. Through submission of this proposal, we agree to all of the terms and conditions of the Request for Proposal and agree that any inconsistent provisions in our proposal may result in a lower score, up to and including disqualification. We have carefully read and examined the Request for Proposal and have conducted such other investigations as were prudent and reasonable in preparing the proposal. We agree to be bound by statements and representations in our proposal.”

The cover letter must be provided on the company’s letterhead and include the following information and statements:

a. The name and address of your company [NOTE: You may use a Post Office box, but please provide your company's street address]; and

b. The name, title, and signature of a company official authorized to bind the proposal.

c. Name, email and/or phone number for the Proposer’s contact for DIR inquiries related to the proposal.

4. Table of Contents

5. Summary

The abstract shall be not longer than one (1) page. Include a brief description of the proposed project briefly summarizing the main point of the various sections of the proposal, including the features and benefits of the proposal.

6. Minimum Qualifications Response

Provide a response, outlining detailed information demonstrating how the Proposer meets each of the minimum qualifications listed in Section III.A. Submit all applicable documentation.

7. Required Attachments

The Technical Proposal must include all of the completed attachments listed in Attachment 1, Required Attachment checklist.

8. References

Each proposer must provide at least three (3) references detailing previous experience preparing high-quality empirical medical research studies related to the goals and objectives outlined in the RFP.

References must be provided using Attachment 3, Proposer References Form.

Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your proposal may cause your proposal to be rejected and deemed non-responsive. Attachment 3 may be copied for additional references.

9. Conflict of Interest and Confidentiality Statement

Proposer and each member of Proposer’s technical staff proposed to work on this project must sign and submit Attachment 2, Draft Standard Agreement, Exhibit E, Attachment 1 – Conflict of Interest and Confidentiality Statement with your proposal.

10. Subcontracts/Subcontractors

If subcontractors are to be used, the Proposer must include in the Technical Proposal, a description of each person or firm and the work to be done by each subcontractor. Please use Attachment 9, Bidder Declaration Form (GSPD 05-105), to list all subcontractors used for this project. All subcontracts must be approved by DIR, and no work shall be subcontracted without the prior written approval of the State. The cost of the subcontract work is to be itemized in the Cost Proposal as described below in the section entitled Cost Proposal Requirements, and not in the Technical Proposal.

11. Technical Portion

Proposer shall demonstrate their understanding of the questions, or needs, that DIR is seeking to have addressed. The technical approach and work plan are considered the heart of the proposal and will receive a high level of scrutiny. This part of the proposal will be evaluated to ensure all tasks and deliverables, listed in the Scope of Work, are included and responsive. The technical portion of the Proposal must include a written response to all scoring elements listed in the sample Proposal Evaluation form, Section IV.B.3, and must include the following:

a. Management Plan

The Proposer shall provide a project management plan including the management structure and project organization. The Proposer shall designate, by name, the Project Manager to be employed. The selected Proposer shall not cause the substitution of the Project Manager without prior written approval of the State. Proposers should include methods to measure project progress against the project management plan to maintain project schedule.

b. Methodology (Approach to Work)

The Proposer shall describe their methodology and approach to the work, identify specific techniques and methodologies that will be used and specific administrative and operational management expertise that will be employed in order to accomplish the tasks listed in this RFP under Attachment 2, Draft

Standard Agreement. Proposer shall indicate how skills developed in previous related work will be applied to the work described in this RFP.

The Proposer shall demonstrate their knowledge in conducting high-quality empirical research studies within the California Workers’ Compensation system and lay the groundwork for the actual work to be performed for this project.

c. Work Plan and Work Schedule

The Proposer shall develop a Work Plan and Work Schedule that allows all tasks to be completed within the timeframes outlined in the Scope of Work. The Work Plan and Work Schedule shall identify each major task, necessary subtasks, and milestones by which progress can be measured and payments made. The Work Plan shall specify the estimated hours to accomplish each task and the Work Schedule shall provide the responsible party for performing the task, and anticipated dates of completion.

The Work Plan and Work Schedule must reflect the total project timeline of 48 months.

The Work Plan shall indicate how the supervision and oversight will be conducted for ensuring that the project will remain on schedule and that the distribution of workload is appropriate.

See Attachment 2, Draft Standard Agreement, for details on the tasks required.

A work plan schedule format is provided below:

TASK RESPONSIBLE

PARTY

(Prime or Subcontractor)

DATE OF COMPLETION

TASK 1: SELECT AND REVIEW

PRIOR STUDIES AND DATA

60 days after contract execution

TASK 2: ESTABLISH CRITERIA

AND METHODOLOGY FOR

2025-28 STUDIES

90 days after contract execution

TASK 3: COMPLETION OF

ANNUAL STUDIES FOR 2025,

2026, 2027, 2028

June 30, 2026: Calendar Year 2025 Data June 30, 2027: Calendar Year 2026 Data June 30, 2028: Calendar Year 2027 Data June 30, 2029: Calendar Year 2028 data

TASK 4: DRAFT SUMMARY

REPORT

August 30, 2029

TASK RESPONSIBLE

PARTY

(Prime or Subcontractor)

DATE OF COMPLETION

TASK 5: COMPLETION OF

FINAL SUMMARY REPORT

October 31, 2029

TASK 6: MONTHLY PROGRESS

REPORTS

Monthly throughout the term of the contract

TASK 7: QUARTERLY

MEETINGS

Quarterly throughout the term of the contract

d. Personnel / Experience / Work Samples

For this criterion, reviewers will rate the Proposer’s experience in conducting similar or related work described in the Scope of Work, and how skills developed in previous related work will be applied to this project as outlined in Attachment 2, Draft Standard Agreement. The Proposer shall indicate how previous experience will be applied to the development of this project.

The Proposer shall list technical staff (specify staff name) who will be working on the project. Include their titles, qualifications, a summary of similar work or studies performed, a resume for each technical staff person, a statement indicating how many hours each professional will be assigned to the Agreement and what tasks each professional will perform. The selected Proposer shall not cause key members of the project team to be substituted without prior written approval of the State.

The Proposer shall demonstrate experience and breadth of knowledge in conducting high-quality empirical research studies in the California Workers’ Compensation system as described in Attachment 2, Draft Standard Agreement.

The Proposer shall demonstrate prior experience and abilities to process large amounts of data and make sense of the data and provide a high-quality analysis of the data and resulting recommended improvements to a system based on the data.

The Proposer must provide a minimum of two (2) and no more than (4) work samples from previously completed projects that demonstrate relevant experience with access to care research or similar healthcare research studies. These samples should illustrate the Proposer’s: Methodological expertise and analytical capabilities; Operational effectiveness in managing complex research projects; execution capability in data collection, analysis and reporting; experience with healthcare access barriers and patient populations.

e. Page Headers and Page Numbering

All pages of the Technical Proposal, including cover pages, Table of Contents, references and resumes, and the Bidder Declaration Form GSPD-05-105

(Attachment 9) shall have the following header and page numbering format in the upper right-hand corner:

Technical Proposal

Exhibit A, Attachment 1 Page ## of ##

B. COST PROPOSAL REQUIREMENTS

The cost breakdown (Cost Proposal) shall be included in the Technical Proposal. Cost Proposals shall include the following required information: Budget, and Preference Program Documents (See Section lI. Socio-Economic and Preference Programs) and at a minimum, all information listed in Cost Detail (below). Proposers must use the Attachment 11, Contractor Cost Sheet.

All costs must be provided for each task and deliverable. The proposed costs should be broken down into the outline in the Work Plan and Work Schedule for the purpose of this cost proposal submittal.

DIR’s budget for the proposed contract is limited to $1,250,000.00. Any cost proposals exceeding this amount will be disqualified and ineligible for award.

Proposers shall submit a cost proposal for all tasks described in Attachment 2, Draft Standard Agreement.

1. Cost Detail

a. Itemized Tasks – Using Attachment 11, Contractor Cost Sheet, provide firm-fixed costs for specific tasks listed in Attachment 2, Draft Standard Agreement.

For all tasks, the Proposer must include all items such as labor, personnel, subcontractors, travel, meetings, materials, reports, and tax, if applicable, as necessary to perform and complete the tasks on the Contractor Cost Sheet, Attachment 11.

b. Subcontracts / Subcontractors – If subcontractors are to be used, the Proposer must include in the Technical Proposal, a description of each person or firm and the work to be done by each subcontractor. Additionally, all subcontractors proposed to be used for this project must be identified on Attachment 9, Bidder Declaration Form.

2. Page Headers and Page Numbering

All pages of the Cost Proposal; the Bidder Declaration Form GSPD-05-105 (Attachment 9); and, if applicable, any forms pertaining to socio-economic preferences (SB, MB, or DVBE), shall have the following header and page numbering format in the upper right-hand corner:

Cost Proposal

Exhibit B, Attachment 1 Page # of ##

IV. EVALUATION, SELECTION, AND AWARD

A. ADMINISTRATIVE EVALUATION (PHASE 1)

DIR will conduct an administrative evaluation in accordance with the RFP requirements to determine a Proposer’s responsiveness and responsibility. Each proposal will be checked for completeness and/or absence of all required information and to ensure that the Proposer meets the minimum qualifications in conformance with the submission requirements. During the evaluation period, if an item is unclear, or needs further clarification, Proposers may be requested to provide additional documentation.

B. TECHNICAL EVALUATION (PHASE 2)

DIR will also conduct an evaluation of the Technical Proposal by an evaluation panel consisting of DIR employees. If deemed necessary, independent academic, technical or policy experts may be called upon to answer any specific questions regarding the responses to the RFP. These individuals will not participate in the scoring process.

1. Scoring Criterion Guidelines

Note: There will be no individual sheets, no written scores, and no written notes. There will be one final score for each Proposer. Proposer must score a minimum of 70 points (combined score of technical evaluation and cost points) to be eligible for award.

The Proposal Evaluation Form in Section IV.B.3 contains the scoring criteria that will be used by reviewers evaluating proposals submitted in response to this RFP. The evaluation team shall determine a consensus score for each item, based on the team's verbal discussion of each Proposer's responses. To determine the consensus score, evaluators will meet either in person or by teleconference to discuss in detail the strengths, weaknesses, and ratings of each proposal to determine scores. The evaluation team will carefully review and discuss the completeness of the Proposer's response, as well as clarity of documentation presented in the proposals submitted in response to this RFP.

2. Cost Points (30 points)

Proposers may achieve a maximum of thirty (30) cost points. This criterion allows staff to evaluate and compare the budgets of each proposal relative to those of its competitors. The budgeted amount is the maximum allowable amount by DIR for this Agreement (Section III.B.). Any proposals submitted that are over the expected expenditure/budgeted amount may be disqualified. Please contact DGS OLS if considering a solicitation where cost points are less than 30% of the total points prior to releasing the secondary RFP.

The technically qualified proposal that has the lowest cost will be given a maximum score of thirty (30) for this criterion.

All other technically qualified proposals will be calculated based on the ratio of the lowest cost proposal to the bidder’s cost, multiplied by the maximum number of cost points available thirty (30), as shown in the example below:

Lowest Total Cost Bid X Total Cost Points Available

Bidder Total Cost

Example: To help illustrate this process, refer to the Cost Evaluation Methodology Example table below for the cost score calculation process. Cost figures in this example explain the cost calculations and have no other significance.

Cost Evaluation Methodology Example

Bidder Grand Total Cost Calculation Cost Points

Awarded

A $350,000 $300,000 X 30 $350,000 26

B $325,000 $300,000 X 30 $325,000 28

C $300,000 $300,000 X 30 $300,000 30

Final Scoring Methodology Example

Bidder Technical Score Cost Score Total Points Awarded

A 81 26 107 B 86 28 114 C 92 30 122

In this case, the highest scored proposal from Bidder C would be the intended awardee.

Preferences will be applied as required to eligible proposals. Please see Section II.I., Socio-Economic and Preference Programs.

The evaluation team will abide by the following Scoring Criterion Guidelines for the Technical Evaluation Scoring Criteria below:

Possible Points Interpretation Explanation for Percentage Points

0% Inadequate Response does not include or fails to address the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

30% Barely Adequate

Response addresses the requirements being scored, but there are one or more omissions, flaws, or defects or the requirements are addressed in such a limited way that it results in a low degree of confidence in the proposed solution.

80% Good

Response fully addresses the requirements being scored with a good degree of confidence in the Applicant’s response or proposed solution. No identified omission(s), flaw(s), or defect(s).

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