SD25-00044_Hearing_Aid_Devices.pdf

CCHCS-MC-413 – Invitation for Bid Page 1 of 11

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS AND REHABILITATION

INVITATION FOR BID (IFB)

BID NUMBER SD25-00044

August 27, 2026

The California Department of Corrections and Rehabilitation/California Correctional Health Care Services (CDCR/CCHCS), hereafter referred to as the State, is inviting responses to this Invitation for Bid (IFB) titled Hearing Aid Devices. Refer to Exhibit H – List of Participating CDCR Institutions for a list of institutions included in this IFB.

This IFB package consists of the following documents. Bidders must comply with all requirements in the following documents:

Notice to Prospective Bidders

Standard Agreement (STD 213) – (Sample)

Exhibit A – Scope of Work

Exhibit A-1 – Service Specifications

Exhibit B – Budget Detail and Payment Provisions

Exhibit B-1 – Bid Rate Sheet

Exhibit C* – General Terms and Conditions (GTC 02/2025)

Exhibit D – Special Terms and Conditions & Additional Provisions

Exhibit E – Definitions

Exhibit F – HIPAA Business Associate Agreement

Exhibit G – Information Security Agreement Version 3

Exhibit H – List of Participating CDCR Institutions

Exhibit I – California State Institutions Map

Attachment 1 – Required Attachments Checklist

Attachment 2 – Bid/Bidder Certification Sheet

Attachment 3 – Bidder Declaration Form

Attachment 4 – DVBE Incentive Application Request, if applicable

Attachment 5 – Darfur Contracting Act Certification

Attachment 6 – California Civil Rights Laws Certification

CDCR/CCHCS Bid Number: SD25-00044 Invitation for Bid

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Attachment 7 – Contractor Certification Clauses

Attachment 8 – Iran Contracting Act

Attachment 9 – Payee Data Record

Attachment 10 – Supplement Vendor Payee Data Record

Attachment 11 – Certificate of Good Standing

Attachment 12 – GenAI Disclosure & Factsheet

Attachment 13 – Bid Rate Sheet

Attachment 14 – Equipment Specifications

* Exhibit C* – General Terms and Conditions (GTC 02/2025) is incorporated in this bid package by reference only and is available on the internet at the following link:

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

Bidders may request a hard copy of this document by contacting the CCHCS Direct Care Contracts Section (DCCS) Bid Representative listed below.

It is the opinion of the State that this IFB is complete and without need of explanation. If Bidder has any questions regarding this IFB or believes any documents to be missing from this IFB, immediately contact the Bid Representative listed below.

Bid Representative: Ashlie Kooyman Contract Management Team: m_DCCSContractMgmt@cdcr.ca.gov

California Relay Service: 1-800-735-2929

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NOTICE TO PROSPECTIVE BIDDERS

1. Goods Rate Caps

The bid rate caps for this Agreement have been set at:

A. Service Description Rate Cap Bid Rate CPT 92631 - Hearing aid selection services, unilateral or bilateral, including review of audiologic function tests and hearing aid candidacy evaluation $90.00 CPT 92634 - Hearing aid fitting services, unilateral or bilateral, including device analysis, programming, verification, counseling, orientation $150.00 CPT 92636 - Hearing aid post-fitting follow-up services, unilateral or bilateral, including confirmation of physical fit, validation of patient benefit and performance, sound quality of device, adjustment(s) $40.00

BASIS OF AWARD $280.00 $

B. Goods Description Rate Cap Bid Rate

Ear Mold (per ear) $90.00

Manufacture Hearing Aid (per device) $500.00

Hearing Aid Repair (per device) $240.00

Cancellation Fee (per clinic) $600.00

BASIS OF AWARD $1,430.00 $

BASIS OF AWARD TOTAL A + B = $1,710.00 $

The service description includes the Current Procedural Terminology (CPT) billing codes to be utilized.

Any bid received that exceeds the bid rate caps shall be rejected as detailed in Section 16. Cause for Rejection of Bid/Rescinding of Contract Award.

2. Bidder and Licensing Requirements

Bidder shall meet all requirements as specified in this IFB. A Required Attachments Checklist (Attachment 1) is included, listing all attachments/documents to be submitted. Additional documents may be requested as necessary during the contract award process.

3. Adobe Acrobat Version

The official version of this IFB is located on the Cal eProcure online portal in the California State Contracts Register at:

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

4. Cal eProcure Portal Registration

Cal eProcure is an online portal designed to improve the experience of businesses selling products and services to the State. If Bidder has not completed a one-time registration into the Cal eProcure online portal, it is requested that Bidder register at:

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

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5. Key Action Dates

Listed below are the anticipated key activities, actions, dates, and times for completion of this IFB. If the State finds it necessary to change any of these key activities, actions or dates, it will be accomplished via an addendum to the IFB.

Key Activity Anticipated Date and Time

IFB Available to Prospective Bidders August 27, 2026

Reasonable Accommodation September 1, 2026

Deadline for Submission of Questions September 3, 2026

Deadline for Response of Questions September 10, 2026

Deadline for Submission of Bid September 23, 2026 (By 4:00 p.m. PST)

Bid Opening September 24, 2026

Intent to Award Posted September 29, 2026

Proposed Start Date of Agreement December 1, 2026

6. Bidder Questions

Immediately notify the Bid Representative if clarification is needed regarding the services sought, or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

Question(s) shall be submitted in writing, as instructed below. At its discretion, the State reserves the right to contact Bidder to seek clarification of any question received. Bidders shall report to Bid Representative a known or suspected problem with the IFB and/or its accompanying materials or seek clarification and/or correction of the IFB and/or its accompanying materials. The Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error. The State will post the summary and responses to all questions received, and any discrepancies, omissions, or errors through the Cal eProcure portal:

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

Bidder desiring clarification about a specific IFB requirement, and/or questions related to a sensitive issue or proprietary aspects of a bid, may submit individual questions that are marked “Confidential.”

Bidder must include with its question an explanation as to the reason(s) it believes a question marked “Confidential” is sensitive or is surrounding a proprietary issue. If a question appears to be unique to a single bidder or is marked “Confidential,” the State will email a response only to Bidder if the State concurs with Bidder’s claim that the question is sensitive or proprietary in nature. If the State does not concur, the question will be answered in the manner described herein and Bidder will be notified.

To the extent practicable, questions shall remain written as submitted. However, the State may consolidate and/or paraphrase similar or related questions.

a. Oral Questions

Oral questions are discouraged. The State reserves the right to not accept or respond to oral questions. Oral remarks provided in response to oral questions are unofficial and are not binding unless later confirmed in writing.

b. What to Include in a Question:

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Solicitation number Bidder representative name Name of company Mailing address Email address Area code and telephone number A description of the subject or issue in question or discrepancy found Section, page number, or other information useful in identifying the specific problem or issue in question Remedy sought, if any Format questions as follows:

Reference Section Page Number

Question Remedy sought

(if applicable)

Use “General” for general questions. Use “IFB” if the question is about a section in the IFB. For questions regarding exhibits and attachments, identify the exhibit by letter (e.g., Exhibit A) and the attachment by number (e.g., Attachment 1), etc.

Indicate the IFB section by number.

Include the number(s) or letter(s) of any subsection(s) or paragraph(s). Indicate the exhibit letter and identify any subsection(s) by number(s) or letter(s).

Example:

7. How to Submit Questions

Questions concerning this IFB shall be directed, via email, to Bid Representative at m_DCCSContractMgmt@cdcr.ca.gov. Failure to submit questions to the designee will result in the question(s) being ineligible for a response by the State. Bid Representative will coordinate written responses.

The questions and responses will be posted at https://caleprocure.ca.gov/pages/index.aspx.

8. Question Deadline

All written questions must be received no later than September 3, 2026. The State will accept questions about the reporting of IFB errors or irregularities if they are received prior to the bid submission deadline.

9. Bid Submission Requirements

Bid submissions must be complete in all respects to the IFB requirements. A bid will be rejected if it is conditional, incomplete, or if it contains any alterations or other irregularities of any kind. All documents including attachments requiring a signature must bear a certified digital signature or scanned wet signature of a person authorized to bind the Bidder’s firm. The signature should indicate the title or position that the individual holds in the firm. A bid shall be rejected if, in the opinion of the State, any such defect or irregularity constitutes a material deviation from the IFB requirements. Bid package(s) not received by the date and time specified in Section 5. Key Action Dates, will be rejected.

IFB documents MUST be submitted to CCHCS electronically by email to the email address listed below:

m_DCCSContractMgmt@cdcr.ca.gov

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Subject Line: Bid – IFB 25-00044 Hearing Aid Devices

All attachments MUST be submitted in ONE email. All attachments must be combined into one PDF document and labeled “IFB.” All documents requiring a signature must bear a certified scanned signature of a person authorized to bind the Bidder’s firm.

Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders are encouraged to verify receipt of their bid by contacting Bid Representative.

10. Bidder Responsibility

Bidder is solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc. before submitting a bid. If the language is unclear or ambiguous, it is Bidder’s responsibility to request clarification or assistance from Bid Representative before submitting a bid. If clarification of the IFB is necessary, submit questions, in writing, in a timely manner as specified in Section 5. Key Action Dates and Section 8. Question Deadline, and only to Bid Representative. If the IFB is modified prior to the final bid submission date, the State shall post an addendum at https://caleprocure.ca.gov/pages/index.aspx. By virtue of submitting a bid, Bidder accepts the terms and conditions expressed as stated below and as required by law. Costs incurred for developing bids in anticipation of award of an Agreement are the responsibility of Bidder and shall not be charged to the State.

11. Withdrawal and Resubmission/Modification of Bid

Bidder may withdraw its bid by submitting a withdrawal request, via email, to the Bid Representative, prior to the bid submission deadline. Once CDCR/CCHCS has confirmed acceptance and approval of the withdrawal request, the Bidder may then submit a new bid, prior to the bid submission deadline. Bid withdrawals requested in any other manner will not be considered. Subsequent to the bid submission deadline, bids may not be withdrawn without cause.

Bidder may modify its bid after submission by requesting to withdraw the original bid, via email, to the Bid Representative, prior to the bid submission deadline. Once CDCR/CCHCS has confirmed acceptance and approval of the modification request, the Bidder may then submit a modified bid, prior to the bid submission deadline. Bid modifications requested in any other manner will not be considered.

12. Verification of Bid Information

The State reserves the right to request clarification of any documents submitted with a bid regarding any and/or all sections of the IFB.

13. Disposition of Bids

All material submitted in response to this IFB shall become the property of the State and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

14. Bid Opening

All bid packages received in accordance with Section 9. Bid Submission Requirements shall be publicly opened and the rates of each bid read. The date for the bid opening is specified in Section 5. Key Action Dates.

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The bid opening will be held virtually for Bidders who plan to attend. If you would like to attend, send names, email addresses, and company information via email to m_DCCSContractMgmt@cdcr.ca.gov.

Please include the bid number, SD25-00044, on the email subject line.

Bid Opening for: Hearing Aid Devices Bid Representative: Ashlie Kooyman Location: Telephonic and/or video conference call – Microsoft Teams information below Date: September 24, 2026 Time: 11:00 am – 12:00 pm PST

Microsoft Teams Meeting Link: https://teams.microsoft.com/meet/277333293064672?p=9kHZlifkIoud9VDf3r Dial in by Phone: +1 916-701-9994 (Phone conference ID: 229157512#)

Notice of the proposed award (letter of intent) shall be posted at the following link for five (5) business days prior to award of the Agreement: https://cchcs.ca.gov/project_rfp/.

15. Reasonable Accommodation

The State will provide assistive services for individuals who require reasonable accommodation. To request such services or copies of written materials in an alternate format, please contact Bid Representative no later than the date specified in Section 5. Key Action Dates.

The range of assistive services available may be limited if requestors do not allow ten (10) or more business days prior to the date the alternate format material is needed.

16. Cause for Rejection of Bid/Rescinding of Contract Award

a. The State reserves the right to reject bid package(s), waive any immaterial deviation and/or defect in a bid, as well as allow a bidder to remedy any immaterial deviations. The State reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

b. The State’s waiver of any immaterial deviation or defect shall in no way modify the IFB documents or excuse Bidder from full compliance with the IFB specifications if awarded the Agreement.

c. The following shall be cause for rejection of a bid or rescinding of contract award:

(1) Bid package is not received as specified in Section 9. Bid Submission Requirements.

(2) A completed Exhibit B-1 – Bid Rate Sheet is not included.

(3) The submitted bid rates exceed the bid rate caps set in Section 1. Goods Rate Caps. If Bidder submits bid rates for multiple regions (refer to Exhibit B-1 – Bid Rate Sheet for list of CDCR/CCHCS institutions by region) and a bid rate exceeds the bid rate cap for a region, the bid for that region will be rejected and the bids submitted for all other regions within the bid rate caps will be accepted.

(4) Bidder fails to provide requested documentation needed to determine if Bidder is responsive and responsible. A responsive and responsible bid is one that complies with all of the bid submittal requirements of this IFB, including all requested attachments/documents and information.

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(5) The bid package is submitted with alternate contract language. The State does not accept alternate contract language from Bidders. Any bid with additions, deletions, or conditions shall be considered a counter bid and shall be rejected.

(6) Any requirement of this bid is found to be false or misrepresented, including but not limited to:

certifications (e.g., small business/microbusiness); or failure to be in good standing with any local, county, state, or federal tax agency.

d. If a mathematical error is discovered on Bidder’s Exhibit B-1 – Bid Rate Sheet, the State may require Bidders to initial correction(s) to dollar figures on the Exhibit B-1 – Bid Rate Sheet if the correction(s) results in a change of total costs. Bidder shall accept the State’s corrections to be considered responsive. Failure to initial requested correction(s) to dollar figures on the Exhibit B-1 – Bid Rate Sheet will be grounds for rejection of the bid.

17. Responsiveness and Responsibility

The State shall review bids for responsiveness and responsibility upon initial review of submittals, or at any time prior to award and/or execution of Agreement.

a. If a previous agreement with a prospective Bidder was terminated for cause, the State reserves the right to conduct a responsibility hearing before awarding the Agreement to determine if Bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that Bidder is not responsible, per the DGS State Contracting Manual (SCM), Volume 1, Section 5.70(F).

18. Small Business/Microbusiness Preference

Certified small businesses or microbusinesses can claim the five percent (5%) preference when submitting a bid on a state contract. A non-small business may receive a preference of five percent if the business commits to subcontract at least twenty-five percent of its net bid price with one or more small businesses or microbusinesses. The five percent preference is used only for computation purposes to determine the winning bidder and does not alter the amounts of the resulting contract. The value of the preference is limited to $50,000.00 when a contract award is based upon a five percent (5%) award to the lowest compliant bid. A contract awarded on the basis of the five percent (5%) preference is awarded to the small business, microbusiness or non-small business for the actual amount of its bid.

a. To apply or re-apply for certification as a small business, follow the instructions at the following location: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

19. Non-Small Business Preference

The preference for a non-small business bidder that commits to small business or microbusiness subcontractor participation of (25%) of its net bid price shall be five percent (5%) of the lowest, responsive, responsible bidder’s price. A non-small business, which qualifies for this preference, may not take an award away from a certified small business.

a. To locate potential small business sub-contractors, visit https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true. Ensure “Micro Business (MB)” and “Small Business (SB)” are selected. Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC)” that apply to the elements of work you desire to subcontract to a small business.

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b. Prime contractors wishing to subcontract to a small business may also check for subcontractor advertisements in the California State Contracts Register (CSCR) for this solicitation prior to the bid due date. The CSCR can be accessed here: https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

20. Commercially Useful Function

“Commercially useful function” is defined as a person or entity doing all of the following: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

It is not a “commercially useful function” if the DVBEs role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation. (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

21. Disabled Veteran Business Enterprise (DVBE) Program

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to Bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State.

The following percentages will apply for awards based on low prices:

Confirmed DVBE Participation of: DVBE Incentive 5% Inclusive 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

The incentive is applied by reducing the bid price by the amount of incentive as computed from the lowest responsive bid price submitted by a responsible bidder.

This incentive is for evaluation purposes only.

Application of the incentive shall not displace an award to a small business with a non-small business.

22. Required Disclosures

The Bidder must complete and submit all the attachments/documents referenced on Attachment 1 – Required Attachments Checklist to meet the disclosure requirements of this IFB. Failure to provide the required attachments/documents will be cause for rejection of the bid.

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23. Settlement of Ties

In the event of a precise tie between the low responsible bid of a certified small business and the low responsible bid of a certified disabled veteran-owned business that is also a small business, the contract must be awarded to the disabled veteran-owned small business, per SCM Volume 1, Section 8.21(C). If a tie persists between any Bidders after the small business preference has been applied, a coin toss will be conducted and observed by witnesses.

24. Basis of Award

Award of contract, if made, will be made to the lowest responsible Bidder(s) whose bid complies with the requirements of the IFB and any addenda thereto, except for such immaterial defects as may be waived by the State. In the event a Bidder submits more than one bid for the same CDCR/CCHCS institution under this bid process, the State shall select the lowest bid and reject all other bids from this Bidder.

The State reserves the right to award multiple Agreements to Bidders that submit bids that are at, or less than, the established bid rate caps as specified in Section 1. Goods Rate Caps of this IFB. At the time of the bid opening, the Agreement award is tentative, pending a complete review of the entire bid package for compliance and adherence to the IFB requirements, verification of all calculations and claimed small/non-small business preferences and, if applicable, compliance with the DVBE participation requirements.

A protest to the award of this Agreement must adhere to PCC Section 10345 and be submitted in accordance with SCM Volume 1, Section 6.35.

25. Agreement Execution

The apparent successful Bidder(s) shall enter into an Agreement with the State, which shall be prepared on a STD 213 Standard Agreement (sample attached) and shall include all exhibits from this IFB.

The Agreement shall not include a hard copy of Exhibit C – General Terms and Conditions (GTC 02/2025), which is incorporated into the Agreement by reference only on the STD 213

– Standard Agreement. Exhibit C – General Terms and Conditions (GTC 02/2025) may be downloaded and printed for Bidder’s record at the following link:

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

The first page of Contractor Certification Clauses (CCC 04/2017) document must be signed and shall be submitted with the bid. Failure to submit a signed Contractor Certification Clauses (CCC 04/2017) shall delay approval of the Agreement.

The State reserves the right to modify Exhibit B-1 – Bid Rate Sheet and Exhibit H – List of Participating CDCR Institutions and any other item(s) that may affect the multiple award process by including in the Agreement only that information pertinent to the CDCR institutions awarded to Contractor. If the bid includes multiple services classifications, the State reserves the right to modify Exhibit A-1 – Service Specifications, as necessary, to include in the Agreement only that information pertinent to the service classification awarded to Contractor.

The Agreement is not valid unless and until approved by DGS Office of Legal Services (DGS/OLS).

The State has no legal obligation unless and until the Agreement is approved. Any work commenced by Contractor prior to approval may be considered voluntary and Contractor may have to pursue a claim for payment by filing with the California Victim Compensation Board or the DGS Government Claims Program. When the Agreement is approved, a copy shall be forwarded to Contractor.

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26. Bid Matrix

CDCR/CCHCS institutions will utilize the bid matrix to determine vendor rankings for their respective regions/institutions and how to contact the appropriate vendor for goods.

CDCR/CCHCS institutions will be provided an updated “draft” bid matrix as contracts are approved (not more frequently than once per week) and may canvass as soon as the first Agreements are approved.

CDCR/CCHCS institutions shall canvass contracts using the most recent bid matrix available.

Contractors who do not have approved Agreements shall not be able to provide goods.

27. Amendments

The State is bidding and executing this Agreement for a period of 36 months. The State reserves the right to extend the Agreement up to an additional 12 months at the same rates and maximum dollar amount per year as the original Agreement and/or amend to increase funding for additional Hearing Aid Devices through an amendment signed by both parties. All agreement amendments are subject to satisfactory performance, funding availability, and may require approval from DGS/OLS. Bidder’s rates are submitted with the understanding that in the event Bidder is awarded a contract, the rates submitted in this bid shall remain in effect for the term of the Agreement and any amendment to the term of the Agreement.

28. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a 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 Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

29. 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 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 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 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.

2. The term of this Agreement is:

SAMPLE

SAMPLE

Contractor Name: TBD Bid Number: SD25-00044 California Department of Corrections and Rehabilitation (CDCR)/ Exhibit A California Correctional Health Care Services (CCHCS) Scope of Work

HEARING AID DEVICES

1. Introduction

a. This is a statewide Agreement in which the Contractor and/or Provider shall provide on-site Hearing Aid Devices on an as-needed basis to patients referred for such health care services or treatments from California Department of Corrections and Rehabilitation/California Correctional Health Care Services (CDCR/CCHCS) Institutions.

b. For purposes of this Agreement, “Contractor” is the party hereby contracting with CDCR/CCHCS and who is presumed to be qualified to have an active role under this Agreement as a Provider of Hearing Aid Devices.

c. For purposes of this Agreement, the term “Provider” shall refer to any Provider who dispenses Hearing Aid Devices pursuant to this Agreement, as arranged through and/or associated with Contractor, as Contractor’s employee, independent contractor, and/or sub-contractor.

“Provider” includes Contractor with respect to any instance or capacity, in which, Contractor is, or may be, acting as a Hearing Aid Devices Provider.

d. Contractor and/or Provider must provide all labor, equipment, supplies, staff, transportation, licenses, permits, certificates, and every other item of expense necessary, or incurred in providing Hearing Aid Devices, including any expense anticipated or incurred by Contractor and/or Provider associated with travel to and from an institution. This includes, but is not limited to lodging, food, or any other travel expenses, as well as any expenses associated with work-related training and shall be the sole obligation of the Contractor and/or Provider incurring the expense. CDCR/CCHCS has no obligation to pay or reimburse any such expense incurred by Contractor and/or Provider. Any lost/damaged equipment costs due to CDCR/CCHCS negligence will be negotiated with CCHCS Direct Care Contracts Section (DCCS).

e. Services or treatments shall be provided at the direction of the institution Chief Executive Officer/Chief Medical Executive (CEO/CME) or designee. For purposes of this Agreement, CDCR/CCHCS designee must be a civil service employee. The institution CEO/CME or designee retains professional and administrative oversight for services and Hearing Aid Devices provided. CDCR/CCHCS reserves the right to consult with an independent third-party in the oversight of such services. The responsibility of CDCR/CCHCS to provide services related to Hearing Aid Devices is limited to those which are reasonable and medically necessary to protect life, prevent significant illness or disability, or alleviate severe pain that significantly disables the patient from reasonable independent function, and are supported by outcome data as being effective care.

f. Any service or treatment that is not medically necessary shall safely be deferred until the patient is released from custody. Any Hearing Aid Devices related services considered under this Agreement is otherwise subject to the prior authorization requirement and all other requirements, processes, and limitations expressed herein, such as the request and scheduling process, and/or other limitations and requirements as imposed by law.

g. Contractor and/or Provider shall provide Hearing Aid Devices pursuant to this Agreement, and in accordance with CDCR/CCHCS policies and procedures, and federal and state laws and

CDCR/CCHCS Exhibit A Scope of Work regulations. Contractor and/or Provider shall, without exception comply with standard safety precautions and maintain CDCR security measures and a safe work environment.

h. Contractor and/or Provider must possess and maintain throughout the term of this Agreement, valid and unconditional licensure and/or board certification with no pending accusations from the applicable boards by which they are licensed and/or certified to practice in their area of medical specialty.

i. Contractor bears the responsibility for the provision of Hearing Aid Devices and performing any associated tasks in a manner consistent with the commonly accepted standard of care. All services or treatments performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor and/or Provider. CDCR/CCHCS does not assume, agree to, or otherwise accept a duty to defend or indemnify a provider against any civil or criminal action arising out of or in association with this Agreement.

j. Contractor and/or Provider agree that any excluded health care service or treatment needed for pre-existing conditions shall be provided only if the condition has become exacerbated in such a manner that it poses a significant threat to the patient’s current health and if not treated would result in morbidity and/or mortality. Contractor and/or Provider acknowledge the health care service or treatment must be recognized as medically necessary.

k. Contractor and/or Provider shall ensure that all ordered health care services or treatments shall be scheduled consistently with the severity of the medical need. Once scheduled, Hearing Aid Devices shall be delivered at the time scheduled, unless unavoidable circumstances occur.

2. Contractor and/or Provider Responsibilities

a. Contractor and/or Provider must provide services or treatments to all institutions awarded on Exhibit B-1 – Bid Rate Sheet, and meet the requirements specified in Exhibit A-1 – Service Specifications. Contractor and/or Provider must provide the State of California (State) with proof of any required training, licenses, permits, certifications, and any other required documents as stated in Exhibit A-1 – Service Specifications and as required by law. Services or treatments will be performed only by Contractor and/or Provider who meet the requirements outlined in this Agreement.

b. Standards of Obligation

i. Contractors and/or Provider must acknowledge and adhere to the CDCR/CCHCS medical staff bylaws, rules, regulations, policies, and procedures as directed by the institution CEO/CME or designee and comply with universal infection control precautions.

ii. Contractor and/or Provider recognize that CDCR/CCHCS acts in a fiduciary capacity to the State and that this fiduciary duty extends to the provision and management of medical health care services, mental health care services, and dental services for the patient of the State. To assist CDCR/CCHCS in its exercise of this duty, Contractor and/or Provider shall provide high quality services or treatments, consistent with the terms and conditions under this Agreement and consistent with established and commonly accepted standards and principles of medical practice. Nothing in this Agreement shall supersede the common law rules for the interpretation of established and commonly accepted standards and principles of medical practice.

Scope of Work

c. Reports

CDCR/CCHCS reserves the right to request that Contractor and/or Provider submit electronic reports or information related to this Agreement, as requested. Upon execution of the Agreement, report submission details and frequency of requested reports, shall be determined by CDCR/CCHCS and in consultation with the Contractor and/or Provider. CDCR/CCHCS may require reports to include additional information pertaining to a Provider, including, but not limited to, name, National Provider Identifier, date of birth, etc. Non-compliance may result in termination of the Agreement. The reports shall be submitted no later than 14 calendar days of request or by the frequency in which the reports were requested.

The reports shall be submitted in a secure HIPAA compliant electronic format (Microsoft Excel 2000 or newer version) and sent via electronic mail (email) to m_ContractSupport@cdcr.ca.gov. If email is not available, the reports can be sent via U.S.

Mail to the following address:

California Correctional Health Care Services Attn: Direct Care Contracts Section P.O. Box 588500 Elk Grove, CA 95758

d. Contract Managers

The Clinical Contract Managers during the term of this Agreement will be:

State Agency Contractor Entity Name: California Correctional Health Care

Services

TBD

Division/Unit: Medical Services Name: Grace Song, M.D.

Address: 10750 Fourth St, Suite 150

Rancho Cucamonga, CA 91730

Phone: (916) 215-6919 Email Grace.Song@cdcr.ca.gov

The Administrative Managers during the term of this contract will be:

State Agency Contractor Entity Name: California Correctional Health Care

Services

TBD

Division/Unit: Direct Care Contracts Section / Contract Support Team

Name: Ashlie Kooyman Address: 8280 Longleaf Drive, Building D

Elk Grove, CA 95758

Phone: (916) 691-9491 Email m_ContractSupport@cdcr.ca.gov

The parties may change their Contract or Administrative Managers upon providing ten (10)

Scope of Work business days written notice to the other party. Said changes shall not require an amendment to this Agreement.

e. Prior Authorization for Treatment

Excluding emergency care services or treatments, prior authorization must be obtained in writing from the institution CEO/CME or designee via CDCR/CCHCS Request for Service (RFS), in accordance with CCHCS’s Utilization Management (UM) Plan. Contractor and/or Provider shall complete and return all forms required by CDCR/CCHCS regarding treatment of patients. Except for emergency care, CDCR/CCHCS shall not render payment for services or treatments that do not have prior authorization, and/or if CDCR/CCHCS determined services or treatments were not medically necessary or if services or treatments were inappropriately delivered.

f. Experimental and Investigational Drugs and Procedures

Contractor and/or Provider shall not perform or administer to any patient any experimental or investigational treatment, therapy, procedure or drug. Any such treatment, unless it is related to specific California legislative provisions, is prohibited under Penal Code Section 3502, and thus requires prior authorization from the appropriate institution CEO/CME or designee.

Contractor and/or Provider shall perform or administer only those health care services or treatments which are recognized as being in accordance with generally accepted professional medical standards, or as being safe and effective for use in the treatment of an illness, injury or condition at issue.

g. Exclusions and Limitations

i. Contractor and/or Provider agree to not provide any health care services or treatments that are listed as excluded in California Code of Regulations (CCR), Title 15, Division 3, Chapter 2, Subchapter 2, Article 1, Section 3999.200. If a specific treatment includes a service that is normally excluded, the Contractor and/or Provider must seek prior approval from the institution’s CEO/CME, or designee.

ii. Contractor and/or Provider shall be able to perform the tasks associated with providing the above health care services or treatments under the scope of their license and assume full responsibility for the provision of these services or treatments.

h. Required Notices

Except as otherwise provided in this Agreement, any notice required hereunder shall be deemed to be sufficient if sent via email or U.S Mail to CDCR/CCHCS contact information located in Provision 13. If mail via the United States Postal Service is used to give any notice required in this Agreement, notice shall be deemed as given on the day after it is deposited in the United States mail with First Class postage prepaid and addressed to CDCR/CCHCS. Only actual written notice will suffice for the purpose of meeting any notice requirement in this Agreement.

Scope of Work

i. Fit Testing

i. Contractor shall ensure that Provider is in compliance with Title 8 CCR 5144 standards, including providing medical evaluation to determine the provider's ability to use a respirator before the provider is fit tested or required to use the respirator in the workplace. Contractor shall identify a physician or other licensed health care professional (PLHCP) to perform medical evaluations using a medical questionnaire or an initial medical examination that obtains the same information as the medical questionnaire. Contractor shall provide additional medical evaluations if:

A. Provider reports medical signs or symptoms that are related to the ability to use a respirator, B. A PLHCP, supervisor, or the respiratory protection program administrator informs the provider that they need to be reevaluated, C. Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for provider reevaluation, or

D. Change occurs in workplace conditions (e.g., physical work effort, protective clothing, temperature) that may result in a substantial increase in the physiological burden placed on a provider.

ii. Contractor shall ensure the provider is fit tested with the same make, model, style, and size of respirator that will be used at their assigned institution to comply with OSHA standards.

Provider must be fit tested annually, within 12 months of the last fit test. Provider shall obtain an additional fit test whenever there is a change or if the contractor or the PLHCP makes visual observations of changes in the provider's physical condition that could affect respirator fit. Such conditions include, but are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in body weight. Fit testing records must include name of provider, date of testing and respirator(s) make, model, and size, if applicable. Fit testing records must be provided to the CDCR/CCHCS upon request.

iii. Contractor shall provide respiratory protection training to providers annually and more often if necessary.

3. Request for Services

a. Contractor and/or Provider agree to provide on-site dispensing of Hearing Aid Devices as arranged with the institution CEO/CME or designee upon request, in accordance with each institution’s policies and procedures.

b. Contractor shall have a telephone number and email address, as well as a designated representative available by telephone during normal hours of clinic operation for the duration of the Agreement. Clinic hours may vary between the hours of 6:00 a.m. and 5:00 p.m. (PST), Monday through Friday. Telephone answering devices (i.e., message machines) and answering services are not permitted, and their use may be cause for termination of this Agreement. The initial contact will be by telephone; however, CDCR/CCHCS will follow up with

Scope of Work email.

c. The State reserves the right to award multiple Agreements for back-up purposes. Should this occur, institutions will utilize the Rank 1 Contractor when services or treatments are needed. If the Rank 1 Contractor is unable to provide services or treatments, or if an urgent and emergent situation arises, CDCR/CCHCS may, at the discretion of the institution CEO/CME or designee, contact lower ranked Contractors in order of rank until the institution has met its needs. This process will be repeated based on the number of Agreements awarded and start over each time the institution needs to contact lower ranked Contractors to request services or treatments.

d. In the event a Contractor has multiple agreements for the same service or treatment and same institution, Contractor shall be obligated to provide services or treatments at the same rates in the primary contract until all the obligations under the primary contract are attained before the secondary or subsequent contract can be in effect. The only exception to this provision occurs when the rate(s) in a subsequent agreement is lower than those of the primary agreement; the State then has the sole right to determine which rate(s) will be applied.

e. Contractor acknowledges that the institution may request on-site services or treatments to be provided at any time, including weekends and holidays.

4. Responding to a Request for Service

a. Contractor shall respond to institution request for services or treatments within the standard response time of two (2) hours, unless otherwise stated by CDCR/CCHCS. CDCR/CCHCS may extend the response time, at the discretion of the institution CEO/CME or designee, and dependent upon the urgency of the request for services or treatments. The response time shall be included in the request for service. CDCR/CCHCS reserves the right to accept a response from other Contractor(s) after the response time has elapsed.

b. Contractor and/or Provider shall respond to the institution request for documentation as part of the request for services, which may include, but not limited to, copies of any current and valid licenses, permits, and/or certifications, unless already on file. A response without the necessary or requested supporting documentation as described above may be deemed non-responsive and the next ranked Contractor(s) will be contacted.

5. Scheduling

a. Contractor and/or Provider shall ensure that all ordered Hearing Aid Devices have prior authorization in accordance with institution UM and are mutually agreed upon between the institution CEO/CME or designee and the Contractor.

b. At the time of scheduling, institutions shall provide the Contractor and/or Provider with an estimated period the institution anticipates the need for contracted services or treatments. This will be a good faith estimate based on the circumstances known to CDCR/CCHCS at the time of the request. It is not a guarantee of business and is subject to change depending on CDCR’s fluctuations in CDCR patient population and unavoidable circumstances. However, CDCR/CCHCS shall endeavor to provide five (5) business days’ notice prior to cancellation of clinics.

c. Contractor shall provide services or treatments to the institution at the time mutually agreed

Scope of Work upon between the institution Contract Liaison or designee and Contractor.

6. Cancellation

a. Contractor and/or Provider shall give advanced written notice to the institution CEO/CME or designee prior to cancellation of scheduled clinics, if for reasons other than illness, as follows:

i. For scheduled clinics: Seven (7) business days written notice; or

ii. For all other scheduled services or treatments: minimum of at least 24 hours’ written notice.

b. CDCR/CCHCS may cancel or change assignments by telephone, email and/or fax, without incurring any liability, up to 24 hours before Contractor and/or Provider’s scheduled reporting time. If CDCR/CCHCS cancels or changes a requested assignment for any reason, including Emergency Security Situations, such as a lockdown, less than 24 hours before a scheduled reporting time, CDCR/CCHCS shall pay a cancellation fee not to exceed $600.00 per clinic for that day.

c. If a clinic is cancelled by the Contractor and/or Provider less than 24 hours before the scheduled reporting time, a clinic cancellation fee of no more than $600.00 per clinic will be charged to the Contractor and/or Provider.

7. Overtime Pay Rate Allowances

No overtime pay will be authorized under this Agreement.

8. Holiday Pay Rate Allowances

No holiday pay rate will be authorized under this Agreement.

9. Telephonic Consultations

No telephonic consultations will be authorized under this Agreement.

10. Orientation and Training

At the discretion of each institution, Contractor and/or Provider agree that prior to reporting to work at the institution, all providers shall complete orientation/training as specified below and any additional required training at the Contractor’s sole expense:

a. On-site Institution Orientation/Training

Contractor agrees that all providers shall attend on-site orientation and any other required training (e.g., annual block training and Learning Management System [LMS]) prior to reporting to work at the institution. Orientation/training is designed to assist providers to become familiar with the operations of the institution, its medical facilities, and Title 15 of the CCRs. To maintain continuity of services and ensure safety for all workers, Contractor shall make available to the institution only those providers who have completed the orientation.

Scope of Work

b. Self-Certification Orientation Process

This process may be utilized in place of attending an on-site institution orientation based on institution approval. The parties agree that there will be no reimbursement for assigned providers who have been approved to utilize the Self-Certification Orientation Process.

i. Contractor shall obtain a copy of the Health Care On-Site Contractor’s Orientation Handbook from an institution and return the signed copy of the CCHCS Orientation Acknowledgement form once completed.