STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION INVITATION FOR BID

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1 STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION INVITATION FOR BID BID NO. BD April 26, 2013 The California Correctional Health Care Services (CCHCS) and the California Department of Corrections and Rehabilitation (CDCR), hereafter referred to as the State, is inviting responses to this Invitation for Bid (IFB) entitled Temporary/Relief Recreation Therapy Services. For a list of CDCR Participating Adult Institutions and Division of Juvenile Justice Facilities, please refer to Exhibit H. This IFB package contains the following documents (except as otherwise indicated). Please note that Bidder must comply with the requirements contained in all of these documents. Notice to Prospective Bidders Bid Submittal Checklist (CCHCS-MC-331) Bidder Certification (CCHCS-MC-333) Bid Rate Sheet- (Excel spreadsheet file version) Sample Standard Agreement (STD 213) Exhibit A - Scope of Work Exhibit A-1- Service Specification Exhibit A-2- Provider s Responsibilities Sample Exhibit B-1 - Rate Sheet and Hierarchy Chart The following documents are incorporated in this bid package by reference only and are available on the internet at: Bidder may request a hard copy of these documents by contacting the CCHCS contract analyst listed below. 1. Exhibit C - General Terms and Conditions for Private Contractors (GTC-610). 2. Standard Contractor Certification Clauses (CCC-307) Page 1 of 2

2 The following documents are incorporated in this bid package by reference only and are available on the internet at: Bidder may request a hard copy of these Exhibits by contacting the CCHCS contract analyst listed below: 1. Exhibit B Budget Detail and Payment Provisions 2. Exhibit D - Special Terms and Conditions & Additional Provisions 3. Exhibit F - Definitions 4. Exhibit G Business Associates Agreement (HIPAA) 5. Exhibit J California State Adult Institutions and Facilities Map Exhibit H - List of CDCR Participating Adult Institutions and Division of Juvenile Justice Facilities Payee Data Record (STD 204) Subcontractor/Consultant List OBS 550 Non-Small Business Subcontractor Preference Request (If Applicable) OBS 551 Small Business Subcontractor/Supplier Acknowledgement (If Applicable) Acord Certificate of Insurance Sample Darfur Contracting Act Iran Contracting Act CDCR 1786 DVBE Participation in Exempt Contracts Contractor Contact Information (CCHCS-MC-332) Commercially Useful Function Certification Form (CCHCS-MC-345) Noncollusion Declaration (CCHCS-MC-379) Declaration of Capacity to Provide Service Form It is the opinion of the State, that this IFB is complete and without need of explanation. This IFB can be made available in a specific text-only format on a compact disc as a disability-related reasonable accommodation compliant with the California Government Code and Americans with Disabilities Act (ADA). If Bidder has any questions regarding this IFB, need to request an ADA compliant copy of the IFB, or any documents are missing, immediately contact the person identified below. Joanne Peschko Phone: Fax: CCHCS Contract Analyst s Joanne.Peschko@cdcr.ca.gov Bid Information Medical Contracts (916) Page 2 of 2

3 THE STATE OF CALIFORNIA Department of Corrections and Rehabilitation NOTICE TO PROSPECTIVE BIDDERS TEMPORARY/RELIEF RECREATION THERAPY SERVICES I. PROJECTED TIMETABLE The following dates are set forth for informational and planning purposes only and are subject to change. IFB Available to Prospective Bidders April 26, 2013 Deadline for Questions May 2, 2013 Deadline for Responses to Questions May 7, 2013 Submission of Bid Public Bid Opening May 13, 2013 at 3:00 pm May 15, 2013 at 10:00 am Anticipated Date for Transition of Services June 17, 2013 Anticipated Date for Commencement of Services Term End Date of Agreement December 31, 2015 July 17, 2013 or Upon Approval whichever occurs later II. FUNDING The bid rate cap for this agreement has been set at $50.45 per hour. Any bid received that exceeds the bid rate cap of $50.45 per hour shall be rejected. III. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A and A-1. Unless otherwise stated, Bidder shall meet all qualifications and licensing requirements at the time of the public bid opening. IV. REQUIRED DISCLOSURES a. Bidder is required to provide an organizational chart with names, professions, and license numbers for all shareholders, directors, and officers if the entity is a corporation; and for all partners and others who have an ownership interest if the bidder is not a corporation. Page 1 of 10

4 b. If the bidder is a corporation, the bidder is required to identify all parent corporations and all corporations in which the bidder has an interest, and to provide the information in item a above for each of those entities. c. Bidder is required to identify any existing financial relationship with other vendors that may be part of its proposal (if those relationships would be permissible under the contract that CDCR is procuring), and explain why those relationships will not constitute a real or perceived conflict of interest. CCHCS/CDCR may request additional information at the time of award from the Contractor that will prove the absence of any relationship that could constitute a conflict of interest or otherwise impede the ability of the Contractor to protect the interests of CCHCS/CDCR. d. Bids will be found to be non-responsive for any bidders who have the same owner, shareholder, director and/or officer as any other bidder / proposer. e. Contractor is required to self-identify during the contract s term any changes to the information provided in response to a, b, or c above. f. Bidder is required to submit the completed Noncollusion Declaration and Declaration of Capacity to Provide Services forms with the bid. V. BID SUBMISSION REQUIREMENTS Sealed bids with required documents for this IFB must be delivered to one of the designated addresses provided below, and must be received and time stamped at one of the locations listed below no later than the date and time specified in Section I of this IFB, Projected Timetable, Submission of Bid. Any bid received after the date and time specified in this IFB shall NOT be considered. If multiple bids are being submitted for various IFBs, each must be in its own envelope and must comply with all instructions specified in the IFB. The postmark on the bid proposal envelope shall not constitute timely delivery. NOTE: Bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders should verify receipt of a bid by contacting the CCHCS Contract Analyst identified in the cover letter of this IFB. MAIL DELIVERY: OVERNIGHT MAIL California Correctional Health Care Services Medical Contracts Attention: Joanne Peschko P.O. Box Elk Grove, CA California Correctional Health Care Services Medical Contracts Attention: Joanne Peschko 8260 Longleaf Drive, Building C Elk Grove, CA Page 2 of 10

5 HAND DELIVERY California Correctional Health Care Services Medical Contracts Attention: Joanne Peschko 8280 Longleaf Drive, Building D Elk Grove, CA NOTE: To ensure timely hand delivery, please allow time to stamp bid. A cell phone, phone number and name of the Contract Analyst will be needed to notify him/her for bid pick up at building guard station. a. Bidder Responsibility Bidders are 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 before submitting a bid. Please note that no verbal information shall be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State shall issue an addendum to all bidders that received a bid package. By virtue of submitting a bid, Bidder is accepting the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of Bidder and shall not be charged to the State. b. Bid Modification after Submission Bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered. c. Withdrawal of Bid Bidder s bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by Bidder or an authorized agent prior to the public bid opening. The bid is binding once it is opened by the State and may not be withdrawn without cause. d. Verification of Bid Information The State reserves the right to request clarification of any documents submitted with this bid regarding any and/or all sections of the IFB. e. Disposition of Bids All documents submitted in response to this IFB shall become the property of the State of California 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. Page 3 of 10

6 VI. CAUSE FOR REJECTION OF BID Bids must be submitted in the manner described below and must identify the CCHCS contract analyst. Failure to properly mark the bid may result in the premature opening of, or failure to open Bidder s bid. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled Bid Submission Requirements. The sealed envelope must be clearly marked to read "BID FOR TEMPORARY/RELIEF RECREATION THERAPY SERVICES - BID NO. BD Attention: JOANNE PESCHKO - DO NOT OPEN." No bid shall be considered unless the rate is submitted on the CDCR/CCHCS Rate Sheet, or exact copy, and Bidder Certification form (CCHCS-MC333) is in conformance with the submission requirements of this IFB. The bid must be submitted for the entire activity described herein. The State does not accept alternate contract language from a prospective contractor. A bid with such language shall be considered a counter proposal and shall be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in original ink by Bidder. The State reserves the right to reject any and all Bidder bid submittal packages and/or waive any immaterial deviations in a Bidder s bid submittal package and/or allow Bidder to remedy any immaterial deviations in a Bidder s bid submittal package. The State reserves the right to determine what constitutes an immaterial deviation in Bidder s bid submittal package. The State s waiver of an immaterial deviation shall in no way modify the IFB document or excuse Bidder from full compliance with all requirements if awarded an Agreement. The State is not required to award an Agreement resulting from this IFB. VII. PUBLIC BID OPENING All bid packages properly received according to the IFB Instructions on or before the bid due date and time shall be publicly opened and read on the date and time specified in Section I Projected Timetable, at the following address: California Correctional Health Care Services Medical Contracts Branch 8280 Longleaf Drive, Building D Elk Grove, CA Bidders who plan to attend the public bid opening must notify the CCHCS Contract Analyst listed in the cover letter of this IFB within three (3) business days before the date of the public bid opening specified in Section I Projected Timetable to allow for the scheduling of a conference room to conduct the bid opening. If Bidder and/or Bidder s representative require reasonable accommodation to participate in the Public Bid Opening, Bidder must contact the CCHCS Page 4 of 10

7 contract analyst identified in this package and identify what reasonable accommodation(s) is required for Bidder to participate. All bidders who attend the public bid opening must check in with the security guard and be escorted to the location of the bid opening by the CCHCS Contract Analyst. Bidders are encouraged to be on time, as the bid opening shall commence precisely at the hours specified in Section I Projected Timetable. VIII. CONTRACT AWARD At the time of the public bid opening, the rates(s) of each bid shall be read. The contract award is tentative, pending a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed small/non-small preferences and, if applicable, compliance with DVBE participation requirements. IX. SETTLEMENT OF TIES In the event of a precise tie between the lowest responsible bid of a certified small business and a certified micro-business, the contract must be awarded to the micro-business per the Department of General Services (DGS) State Contracting Manual (SCM), Section 8.21C. If a tie persists between any Bidders after the small business preference has been applied, a coin toss or lot drawing shall be used to determine the contract award and bidder hierarchy ranking. The coin toss or lot drawing shall be officially witnessed and all affected bidders shall be advised of the tiebreaker method and invited to attend. X. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM This IFB is exempt from the DVBE requirement per Public Contract Code (PCC) (b). However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests Bidder s voluntary participation in reporting any certified DVBEs, including Bidder that shall be used in the performance of this Agreement. A CDCR 1786 (DVBE Participation in Exempt Contracts) is enclosed to assist Bidder in reporting certified DVBE participation levels. XI. COMMERCIALLY USEFUL FUNCTION If Bidder is a California certified small business, in accordance with Government Code, Sections 14837(d)(1)(2), Bidder must address specific aspects of the legislation that requires certified small businesses to perform a commercially useful function as defined in Government Code Sections 14837(d)(4)(A)(B). A Commercially Useful Function Certification Form (CCHCS-MC- 345) is enclosed. XII. SMALL BUSINESS PREFERENCE Current law encourages state departments to first consider a Small Business Enterprise (Small)/ Micro-business Enterprise (Micro) for contracting opportunities. The State is committed to Page 5 of 10

8 supporting Small/Micro business participation in state contracting and seeks to use certified Small/Micro businesses whenever possible. A Small/Micro business enterprise is defined as a business certified by the Office of Small Business and Disabled Veteran Business Enterprise (DVBE) Services (OSDS) in which: 1. The principal office is located in California 2. The officers are domiciled in California 3. The business is independently owned and operated 4. The business, with any affiliates, is not dominant in its field of operation; and 5. a. For Small Business, either: (1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or (2) The business is a manufacturer with 100 or fewer employees b. For Micro Business, either: (1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or (2) The business is a manufacturer with 25 or fewer employees Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who qualify as a Small/Micro business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request. To claim the Small/Micro business preference, which may not exceed $50,000 for any bid, Bidder s firm must have a completed application (including proof of annual receipts) on file with the DGS, Procurement Division, OSDS, by 5:00 p.m. on the date bids are opened, and receipt verified by such office. Therefore, if Bidder is a Small/Micro business, but is not certified, it is to Bidder s advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) or access the OSDS Internet website at If upon verification of Bidder s Small/Micro business status it is determined Bidder is not a certified Small/Micro business enterprise, Bidder s business shall be classified as a large business which shall preclude Bidder s bid from receiving the five percent (5%) Small/Micro business preference. a. Non-Small Business Subcontractor Preference Pursuant to Title 2, California Code of Regulations Section 1896, et seq., and Government Code Section 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%) Small/Micro business subcontractor participation with one or more Small/Micro businesses. This Page 6 of 10

9 preference is considered only if the tentative low bidder is not a certified Small/Micro business. In granting the Non-Small Business Subcontractor (NSBS) preference, no bid price shall be reduced by more than $50,000. This preference cost adjustment is for computation purposes only and does not alter the actual cost offered by Bidder. A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS as a Small/Micro business. To be eligible for the NSBS preference, the business concern must: 1. Complete OBS 550 (Non-Small Business Subcontractor Preference Request) and OBS 551 (Small Business Subcontractor/Supplier Acknowledgement) and submit with bid proposal. b. Nonprofit Veteran Service Agency (NVSA) Small Business Preference Pursuant to Military and Veteran Code Section et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro business preference and verified as such in the relevant category or business type, shall be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro business. In granting Small/Micro business preference to NVSAs, no bid shall be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by Bidder. To be eligible for the NVSA Small/Micro business preference, the business concern must: 1. Request preference at the time of bid submission, and 2. Have a completed application on file with DGS, OSDS by 5:00 p.m. on the date bids are due. An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section (a)(3). XIII. CONTRACTING ACTS a. Darfur Contracting Act Effective January 1, 2009, contracts for Non-Information Technology (Non-IT) goods or services must address the requirements of the Act. The Act was passed to preclude State agencies generally from contracting with SCRUTINIZED companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC Section A SCRUTINIZED company is a company doing business in Sudan as defined in PCC Section SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal Page 7 of 10

10 for a contract with a State agency for Non-IT goods or services (PCC Section 10477(a)). PCC Section 10478(a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the DGS according to the criteria set forth in PCC Section 10477(b). b. Iran Contracting Act Per PCC Sections , prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS, pursuant to PCC Section 2203(b), and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person shall use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PC Section 2203(c) or (d). XIV. NONRESPONSIBLE BIDDER If a previous Agreement with a prospective bidder was terminated for cause, the State reserves the right to hold a responsibility hearing before awarding the Agreement to determine if the bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that the bidder is not responsible. XV. BASIS FOR AWARD The award of an Agreement, if it is to be awarded, shall be made to the lowest responsible Bidder(s) whose bid complies with all requirements prescribed herein. In the event Bidder submits more than one (1) bid for the same institution/service 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 up to fifteen (15) Agreements to Bidders that submit bids that are at, or less than, the established bid rate cap. (See Section II, Funding of this IFB for information regarding the bid rate cap, and Exhibit A, Scope of Work, Request for Services section for information regarding ranking of Contractors and usage of the Matrix.) In the event of a tie, the number of Agreements awarded may increase as a coin toss or lot drawing tiebreaker will not cause a bidder to be excluded from award. A protest to the award of this Agreement must adhere to PCC Section and be submitted in accordance with DGS SCM Section Page 8 of 10

11 XVI. AMENDMENTS The State is bidding and executing this Agreement for a period of thirty-three (33) months. If it is determined to be in the best interest of the State, the State may extend the term of the Agreement for an additional twelve (12) months through an amendment signed by both parties. The Bidder s rates are submitted with the understanding that in the event the Bidder is awarded a contract, the rates submitted in this bid shall remain in effect for the term of the Agreement including any extension of the term through a formal amendment. XVII. AGREEMENT EXECUTION The successful bidder shall enter into an Agreement with the State, which shall be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, A-2, B-1(sample attached), H and J. The Agreement shall not include a hard copy of Exhibits B, D, F and G, which are incorporated into the Agreement by reference only on the STD 213. These Exhibits may be downloaded from the internet at and printed for Bidder s files. The Agreement shall not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Also not provided is a hard copy of the Contractor Certification Clauses (CCC-307). Exhibit C and the CCC-307 may be downloaded from the Internet at and printed for Bidder s files. An original, signed copy of page 1 and all other pages of the CCC-307 must be submitted with the bid. Failure to submit a signed CCC-307 shall delay approval of this Agreement. The State reserves the right to modify Exhibit B-1, Rate Sheet, Exhibit H, and any other item(s) that may affect the multiple award process by including in the Agreement only that information pertinent to the institutions awarded to the Contractor. The approval of an Agreement is contingent upon timely receipt of and the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, permits and other required documents, when such items are required. This Agreement is not valid unless and until approved by DGS or, under its delegated authority, CCHCS/CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy shall be forwarded to Bidder. A Matrix may be released as Agreement(s) are approved. In the event all Agreements are not approved at the same time, an updated matrix shall be released not more frequently than once per week as additional Agreements(s) are approved. This process shall continue until all Page 9 of 10

12 Agreement(s) are approved and the matrix is complete. Each matrix shall be dated and the completed matrix shall be marked as Final. Institutions shall canvass Contractors using the most recent matrix available. Until all Agreements are approved and the final matrix is released, institutions shall canvass for a period of time which shall not exceed ninety (90) days. In the event the Bidder is party to an Agreement awarded in a prior CCHCS/CDCR bid for the same services advertised in this IFB, and a contract award is made to Bidder as a result of this IFB, the State shall pay for services using rate(s) in the prior Agreement for the period of time up to and including the term end date of that Agreement. In the event the Bidder is currently providing services through other Agreements, such as an emergency contract, and is awarded a contract from this IFB, the State shall reimburse the Bidder for services provided at the rate(s) given in Exhibit B-1, once the Agreement resulting from this IFB is executed, starting the effective date on the STD 213, Standard Agreement. XVIII. TRANSITION OF SERVICES The transition period is defined as the time when the new Agreements are approved by the DGS/ Office of Legal Services (OLS) and the Institutions/Facilities must begin transition activities such as canvassing the Contractors on the new matrix and providing CDCR Orientation Training to the new Providers to ensure there is not a break in medical services. During the transition period, Providers working from prior agreements may continue to provide services based on Institution/Facility needs up to the expiration/termination date of the prior agreements. New Agreements resulting from this IFB will have a start date that is anticipated to commence thirty (30) days before the expiration/termination date of the prior contracts for the same service (see Projected Timetable on Page 1 for additional information on anticipated dates). The overlapping term allows Contractors on the new matrix to invoice CDCR/CCHCS for Orientation Training as required in the Scope of Work and at the rates provided in Exhibit B-1. In the event the Contractor has multiple contracts in place, Providers attending Orientation Training will be paid at the rates given in the new contract for canvasses resulting from the new matrix. Enclosures Page 10 of 10