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State of California—Health and Human Services Agency

Department of Health Care Services TOBY DOUGLAS Director

EDMUND G. BROWN JR. Governor

February 13, 2015 Notice to Prospective Bidders Prospective Bidders are invited to review and respond to the attached Invitation for Bid (IFB) Number 14-90480 entitled, CMHPC Printing Services. When preparing and submitting a bid, compliance with the instructions found herein is imperative. All agreements entered into with the State of California will include, by reference, General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at this Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

If any prospective bidder lacks Internet access, a hard copy of these items can be obtained by contacting the person signing this letter. If a discrepancy occurs between the information in the advertisement appearing in the California State Contracts Register and the information herein, the information in this notice and in the attached IFB shall take precedence. I.

Bid Due Date Regardless of postmark or method of delivery, the Department of Health Care Services’ (DHCS) Contract Management Unit must receive bid packages no later than 4:00 p.m. on March 16, 2015. Refer to the attached IFB for detailed submission requirements.

II.

Disabled Veteran Business Enterprise (DVBE) participation requirements The Department of Health Care Services has exempted this procurement from Disabled Veteran Business Enterprise (DVBE) participation requirements.

III.

Funding Limit Funding for these services is anticipated to be limited to the following amounts: A. $10,000 for the budget period of 03/27/15 through 06/30/15 B. $10,000 for the budget period of 07/01/15 through 06/30/16. C. $20,000 for the entire contract term.

Program Name/Office/Division, MS XXXX, P.O. Box Number, City, CA ZIP code Telephone: (916) XXX-XXXX Internet Address: www.dhcs.ca.gov

Limitation of State Liability Payment for performance under the resulting contract may be dependent upon the availability of future appropriations by the State Legislature or Congress for the purposes of the resulting contract. No legal liability on the part of the State for any payment may arise under the resulting contract until funds are made available through an annual appropriation and the Contractor is notified accordingly. If a contract is executed before ascertaining available funding and funding does not become available, DHCS will cancel the contract. Funding Reductions in Subsequent Budget Years If a contract is executed and full funding does not become available for the second or a subsequent state fiscal year, DHCS will either cancel the contract or amend it to reflect reduced funding and reduced activities. Continuation of services beyond the first state fiscal year is also subject to the Contractor’s successful performance. Without prior DHCS authorization, contractors may not expend funds set aside for one budget period in a subsequent budget period. IV.

Bidder Questions In the opinion of the DHCS, this Invitation for Bid is complete and without need of explanation. However, if questions arise or there is a need to obtain clarifying information, put all inquiries in writing and mail or fax them to DHCS according to the instructions in the IFB section entitled, “Bidder Questions”.

Thank you for your interest in our Department’s service needs. Sincerely,

Tamara Jones SSMI Attachment

Invitation for Bid 14-90480

CMHPC Printing Services

Department of Health Care Services California Mental Health Planning Council MS Code 2706 1501 Capitol Avenue, Suite 3001 P. O. Box 997413 Sacramento, CA 95899-7413

[Do not submit bids to the above address.]

CMHPC Printing Services

IFB 14-90480 Page 1 Table of Contents

A.

Purpose and Description of Services ............................................................................................. 4

B.

Time Schedule ................................................................................................................................ 4

C.

Contract Term ................................................................................................................................. 4

D.

Bidder Questions ............................................................................................................................ 5 1. What to include in an inquiry..................................................................................................... 5 2. Question deadline ..................................................................................................................... 5 3. How to submit questions ........................................................................................................... 6 4. Verbal questions ....................................................................................................................... 6

E.

Pre-Bid Conference ........................................................................................................................ 6

F.

Reasonable Accommodations ........................................................................................................ 7

G.

Scope of Work ................................................................................................................................ 7

H.

Qualification Requirements ............................................................................................................. 7

I.

Bid Format and Content Requirements .......................................................................................... 8 1. General instructions .................................................................................................................. 8 2. Bid format requirements ............................................................................................................ 9 3. Bid content requirements .......................................................................................................... 9 4. Required attachments / documentation .................................................................................... 9

J.

Submission of Bids ....................................................................................................................... 11 1. Submission instructions .......................................................................................................... 11 2. Proof of timely receipt ............................................................................................................. 12 3. Bidder costs ............................................................................................................................ 12

K.

Bid Opening .................................................................................................................................. 12

L.

Bid Requirements and Information ............................................................................................... 13 1. Nonresponsive bids ................................................................................................................ 13 2. Bid modifications after submission ......................................................................................... 13 3. Withdrawal and/or resubmission of bids ................................................................................. 13 a. Withdrawal deadline ......................................................................................................... 13 b. Submitting a withdrawal request ....................................................................................... 13 c. Resubmitting a bid package ............................................................................................. 14 4. Evaluation and selection ......................................................................................................... 14 5. Contract award and protests ................................................................................................... 15 a. Contract award .................................................................................................................. 15 b. Settlement of tie bids ........................................................................................................ 15 c. Protests ............................................................................................................................. 15 1) Who can protest .......................................................................................................... 15 2) Grounds for protests ................................................................................................... 16

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IFB 14-90480 Page 2

3) Protest time lines......................................................................................................... 16 4) Submitting a protest .................................................................................................... 16 6. Disposition of bids ................................................................................................................... 17 7. Inspecting or obtaining copies of Bids .................................................................................... 17 a. Who can inspect or copy bid materials ............................................................................. 17 b. What can be inspected / copied and when ...................................................................... 17 c. Inspecting or obtaining copies of bid materials ................................................................ 18 8. Verification of Bidder information ............................................................................................ 18 9. DHCS rights ............................................................................................................................ 18 a. IFB corrections .................................................................................................................. 18 b. Collecting information from Bidders .................................................................................. 19 c. Immaterial bid defects ....................................................................................................... 19 d. Correction of clerical or mathematical errors .................................................................... 20 e. Right to remedy errors ...................................................................................................... 20 f.

No contract award or IFB cancellation .............................................................................. 20

g. Contract amendments after award ................................................................................... 20 M.

Preference and Incentive Programs ............................................................................................. 20 1. Small/Micro Business Preference ........................................................................................... 20 2. Non-Small Business Subcontractor Preference ..................................................................... 21 3. Nonprofit Veteran Service Agency (NVSA) Small business Preference ................................ 21 4. DVBE Incentive ....................................................................................................................... 22

N.

Contract Terms and Conditions .................................................................................................... 23 1. Loss Leader Clause ................................................................................................................ 23 2. Other Terms and Conditions ................................................................................................... 23 3. Sample contract forms / exhibits ............................................................................................. 24 2. Unanticipated tasks ................................................................................................................. 24 3. Resolution of differences between IFB and contract language.............................................. 24

O.

Bid Attachments Attachment #

Attachment Name

Attachment 1

Bid Form

Attachment 2

Required Attachment / Certification Checklist

Attachment 3

Client References

Attachment 4

CCC 307 – Certification

Attachment 5

Payee Data Record

CMHPC Printing Services

P.

IFB 14-90480 Page 3

Attachment #

Attachment Name

Attachment 6, 6a

DVBE Instructions / Forms with Attachment 8a, DVBE Participation Download this form at: http://dhcsintranet/FormsPubs/Pages/ContractForms.aspx.

Attachment 7

Darfur Contracting Act Certification

Attachment 8

Iran Contracting Act Certification

Attachment 9

Non-Small Business Subcontractor Preference Instructions with NonSmall Business Subcontractor Preference Request (Attachment 9a) and Small Business Subcontractor/Supplier Acknowledgment (Attachment 9b).

Sample Contract Forms / Exhibits Exhibit #

Exhibit Name

Exhibit A1

Standard Agreement

Exhibit A

Scope of Work

Exhibit B

Budget Detail and Payment Provisions

Exhibit C – View on-line.

General Terms and Conditions (GTC 610). View or download at this Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

Exhibit D (B)

Special Terms and Conditions

Exhibit E

Additional Provisions

Exhibit F

Contractor’s Release

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IFB 14-90480 Page 4

A. Purpose and Description of Services The Department of Health Care Services (DHCS), California Mental Health Planning Council (CMHPC), is soliciting bids from firms that are able to provide printing services for the CMHPC quarterly meetings. Bids must address all of the services described in the IFB section entitled, “Scope of Work”. The CMHPC intends to make a single contract award to the most responsive and responsible firm offering the lowest bid. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule Below is the tentative time schedule for this procurement. If DHCS finds a need to alter the time lines listed herein, either a Bid Addendum or Correction Notice will be issued with the alternate time lines. Event

Date

Time (If applicable)

IFB Released

02/13/15

Questions Due

03/09/15

2:00 p.m.

Bid Due Date

03/16/15

4:00 p.m.

Bid Opening

03/17/15

2:00 p.m.

Notice of Intent to Award Posted

03/18/15

Protest Deadline

03/25/15

Contract Award Date

03/26/15

Proposed Start Date of Agreement

03/27/15

5:00 p.m.

C. Contract Term The term of the resulting agreement is expected to be 15 months and 5 days and is anticipated to be effective from March 27, 2015 through June 30, 2016. The agreement term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the agreement in a timely manner due to unforeseen delays. DHCS reserves the right to extend the term of the resulting agreement as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and possibly approval by the Department of General Services. The resulting contract will be of no force or effect until it is signed by both parties and approved by the Department of General Services, if required. The Contractor is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered if all approvals cannot be obtained.

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IFB 14-90480 Page 5

D. Bidder Questions Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions or requirements. Put the inquiry in writing and transmit it to DHCS as instructed below. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received. Bidders that fail to report a known or suspected problem with this IFB and/or its accompanying materials or fail to seek clarification and/or correction of this IFB and/or its accompanying materials shall submit a bid at their own risk. In addition, if awarded the contract, the successful Bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error. Following the question submission deadline, DHCS will summarize all general questions and issues raised and mail, email, or fax the summary and responses to all persons who requested this IFB. In lieu of mailing, emailing, or faxing a summary of questions/responses to all IFB recipients, DHCS may opt to post the summary of general questions and responses on the Internet at the Department of General Services’ Contract Register Ad site where this IFB was posted. If an inquiry appears to be unique to a single firm or is marked “Confidential”, DHCS will mail, email, or fax a response only to the inquirer if DHCS concurs with the Bidder’s claim that the inquiry is sensitive or proprietary in nature. If DHCS does not concur, the inquiry will be answered in the manner described herein and the Bidder will be so notified. Inquiries and/or responses that DHCS agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted. At its discretion, DHCS may contact an inquirer to seek clarification of any question or inquiry received. 1. What to include in an inquiry a. Inquirer’s name, name of firm submitting the inquiry, mailing address, email address, area code and telephone number, and fax number. b. A description of the subject or issue in question or discrepancy found. c. IFB section, page number or other information useful in identifying the specific problem or issue in question. d. Remedy sought, if any. A bidder that desires clarification about specific IFB requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a bid may submit individual questions that are marked “Confidential”. The Bidder must include with its inquiry an explanation as to why it believes questions marked “Confidential” are sensitive or surround a proprietary issue. 2. Question deadline Submit written questions and inquiries no later than 2:00 p.m. on 03/09/15. Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about IFB errors or irregularities up to the bid due date.

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IFB 14-90480 Page 6

3. How to submit questions Submit questions or inquiries using one of the following methods. U.S. Mail, Hand Delivery or Overnight Express:

Fax:

Questions IFB 14-90480 Department of Health Care Services California Mental Health Planning Council Tamara Jones 2706 1501 Capitol Avenue, Suite 3001 P.O. Box 997413 Sacramento, CA 95899-7413

Questions IFB 14-90480 Department of Health Care Services California Mental Health Planning Council Tamara Jones Fax: (916) 319-8030

Bidders submitting inquiries by fax are responsible for confirming the receipt of all faxed materials by the question deadline. Call Tamara Jones at (916) 440-7813 to confirm fax transmissions. Bidder warning a. DHCS’ internal processing of U.S. mail may add 48 hours or more to the delivery time. If questions are mailed, consider using certified or registered mail and request a receipt upon delivery. b. For hand deliveries, allow sufficient time to locate on street metered parking and to sign-in at the security desk. If detained at the security desk, ask security personnel to call Chamenique Williams at 916-552-9560 to arrange for question pickup and receipt issuance by program staff. c. Courier service personnel must sign-in at the security station and must obtain an access key card. Couriers will then be able to access pre-determined areas. If detained at the security desk, ask security personnel to call Chamenique Williams at 916-552-9560 to collect the question envelope and to issue a receipt. 4. Verbal questions DHCS purposely omitted a telephone number because verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal questions and inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

E. Pre-Bid Conference DHCS will not hold a Pre-Bid Conference for this procurement.

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IFB 14-90480 Page 7

F. Reasonable Accommodations For individuals with disabilities, the Department will provide assistive services such as reading or writing assistance, and conversion of the Invitation for Bid, questions/answers, IFB Addenda, or other Administrative Notices into Braille, large print, audiocassette, or computer disk. To request copies of written materials in an alternate format, please call the number below to arrange for reasonable accommodations. Tamara Jones California Mental Health Planning Council Program telephone number (TTY) - California Relay telephone number

(916) 440-7813 711-1-800-735-2929

NOTE: The range of assistive services available may be limited if requestors cannot allow ten or more State working days prior to date the alternate format material is needed.

G. Scope of Work See Exhibit A entitled, “Scope of Work” that is included in the Sample Contract Forms and Exhibits Section of this IFB. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

H. Qualification Requirements Failure to meet the following requirements by the bid due date will be grounds for DHCS to deem a bidder nonresponsive. In submitting a bid, each bidder must certify that it possesses the following qualification requirements. 1. Experience Requirements At least three consecutive years of experience of the type(s) listed below. All experience must have occurred within the past five years. It is possible to attain the experience types listed below during the same time period. Bidders must have experience in: a. Printing, collating, and binding reports or meeting documents and brochures b. Creating business entity banners 2. Contract Terms and Conditions Compliance Certification Bidders must certify their willingness to comply with all terms and conditions addressed in IFB section entitled, “Contract Terms and Conditions”, including those terms in the referenced exhibits. 3. (Corporations, Partnerships, Limited Liability Companies) As required by California law, business entities must be in good standing and qualified to do business in California. 4. (Nonprofit Organizations) Non-profit organizations must certify they are eligible to claim nonprofit status. 5. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

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IFB 14-90480 Page 8

6. Darfur Contracting Act Certification Bidders that currently have or within three years prior to the bid submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the Department of General Services to submit a bid in response to this solicitation. A “scrutinized” company is defined in Public Contract Code Section 10476. Detailed certification requirements appear in Attachment 7. If the Bidder does not currently have and has not, within three years prior to the bid submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit Attachment 7. 7. Iran Contracting Act Certification Pursuant to Public Contract Code Sections 2202-2208, 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 bidder/proposer/respondent must either: a) Certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“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 will 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 PCC Section 2203(c) or (d). To comply with this requirement, read and complete Attachment 8.

I. Bid Format and Content Requirements 1. General instructions a. Each individual or firm may submit only one bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one bid, DHCS will reject all bids submitted by that firm or individual. b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda. c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood. d. Arrange for timely delivery of the bid package to the specified address. Do not wait until shortly before the bid submission deadline to submit the bid.

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IFB 14-90480 Page 9

2. Bid format requirements a. Submit one (1) original bid package plus two (2) copies or sets. 1) Write “Original” on the original bid package. Place the originally signed attachments/forms in the set marked “Original”. 2) Each bid set must be complete with a copy of all required attachments and documentation. b. Bind each IFB set with a single staple in the upper left-hand corner. c. Sign applicable IFB attachments/forms in ink, preferably in a color other than black. 1) Have a person who is authorized to bind the bidding firm sign each form that requires a signature. Signature stamps are not acceptable. 2) The forms appearing in the extra bid sets may reflect photocopied signatures. 3. Bid content requirements This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions. When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Unless, otherwise indicated, do not submit supplemental information or other materials that DHCS has not requested. Complete and assemble the following items. After completing and signing the applicable attachments, assemble all items in the order shown below and place them in a sealed envelope. Remember to assemble one (1) original bid package plus two (2) copies or sets 4. Required attachments / documentation Attachment/Documentation

Instructions

1 - Bid Form

Complete this form entirely. Do not submit supplemental cost or rate sheets. Please initial, in ink, any corrections or changes to the dollar amounts entered on the Bid Form.

2 - Required Attachment / Certification Checklist

1) Check each item with “Yes” or “N/A”, as applicable, and sign the form. If necessary, explain the choices. 2) If a bidder marks “Yes” or “N/A” and makes any notation on the checklist and/or attaches an explanation to the checklist to clarify their choice, DHCS considers this a “qualified response”. Any “qualified response”, determined by DHCS to be unsatisfactory or insufficient to meet a requirement, may cause a bid to be deemed nonresponsive.

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IFB 14-90480 Page 10

Attachment/Documentation

Instructions

3 - Client References

Identify three (3) clients serviced within the past five years that can confirm their satisfaction with the Bidder’s services. If possible, identify clients whose needs were similar in scope and nature to the services sought in this IFB. List the most recent first.

4 - CCC 307 Certification

Complete and sign this form indicating a willingness and ability to comply with the Contractor Certification Clauses (CCC) appearing in this exhibit. The attachment supplied in this bid represents only a portion of the contractor information in this document. Visit this web site to view the entire document: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage. aspx.

5 - Payee Data Record

Complete and return this form only if the bidding firm has not previously entered into a contract with DHCS. If uncertain, complete and return the form.

6a - DVBE Participation and applicable DVBE certification(s)

Read and carefully follow the completion instructions in Attachment 6.

7 - Darfur Contracting Act Certification

If applicable, complete, sign and return this form and the required documentation if applicable. Detailed completion instructions appear on the cited attachment.

8 - Iran Contracting Act Certification

Complete, sign and return this form and the required documentation if applicable. Detailed completion instructions appear on the cited attachment.

9a - Non-Small Business Subcontractor Preference Request

Submission of these forms is optional. Read and carefully follow the completion instructions in Attachments 9, 9a, and 9b. Complete and return Attachments 9a and 9b only if the bidding firm is a not a certified small business but is requesting a subcontractor bidding preference by committing to use one or more certified small business subcontractors for an amount equal to at least 25% of the total bid price.

9b - Small Business Subcontractor/Supplier Acknowledgement

Business License (California Businesses Only)

Submission of this form applies to every contract award that totals $10,000 or more or if a Bidder opts to claim the DVBE incentive.

California businesses must submit a copy of a current business license issued by the governmental jurisdiction, in which the business is located, unless no such license is required. Submit an explanation if this documentation cannot be supplied or there is reason to believe no license is required.

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Attachment/Documentation

Instructions

Proof of Qualifications to do Business in California

If the Bidder is a corporation, partnership or limited liability corporation, either submit a copy of the bidding firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State or submit a downloaded copy of the bidding firm’s on-line status information from the California Business Portal website of California’s Office of the Secretary of State.

(Corporations, Partnerships, Limited Liability Companies Only)

Submit an explanation if this documentation cannot be supplied. Proof of Non-profit status (Non-profit Organizations Only)

Non-profit organizations must submit a copy of a current IRS determination letter indicating nonprofit or 501(3)(c) tax exempt status. Submit an explanation if this documentation cannot be supplied.

J. Submission of Bids 1. Submission instructions a. Assemble an original and two (2) copies of the bid package together. Place the “original” bid package on top, followed by the two (2) extra copies. b. Place all of the copies in a single envelope or package. Seal the envelope. c. Mail or arrange for hand delivery of the bid package to the Department of Health Care Services’ Contract Management Unit (CMU). Bids may not be transmitted electronically by fax or email. d. The Contract Management Unit must receive the bid package, regardless of postmark or method of delivery, by 4:00 p.m. on March 16, 2015. DHCS will not publicly open or read late bids. e. Label and submit the bid package using one of the following methods.

Hand Delivery or Overnight Express:

U. S. Mail:

IFB 14-90480 (Do Not Open) Department of Health Care Services Contract Management Unit Mail Station 1403 1501 Capitol Avenue, Suite 71.5195 Sacramento, CA 95814

IFB 14-90480 (Do Not Open) Department of Health Care Services Contract Management Unit Mail Station 1403 P.O. Box 997413 Sacramento, CA 95899-7413

CMHPC Printing Services

f.

IFB 14-90480 Page 12

Bidder warning 1) DHCS’ internal processing of U.S. mail may add 48 hours or more to the delivery time. If the bid package is mailed, consider using certified or registered mail and request a receipt upon delivery. 2) For hand deliveries, allow sufficient time to locate on street metered parking and to signin at the security desk. If detained at the security desk, ask security personnel to call the DHCS Contract Management Unit at 650-0150 to arrange for bid package pickup and receipt issuance by CMU staff. Bidders are warned not to surrender their bids in the care of a person other than DHCS Contract Management Unit staff. 3) Couriers must sign-in at the security station and must obtain an access key card. Couriers will then be able to access pre-determined areas. If detained at the security desk, ask security personnel to call DHCS’ Contract Management Unit at 650-0150 to obtain a Contract Management Unit staff member to collect the bids and to issue a bid receipt. Couriers are warned not to surrender bids in the care of a person other than DHCS Contract Management Unit staff.

2. Proof of timely receipt a. DHCS staff will log and attach a date/time stamped slip or bid receipt to each bid package/envelope received. If a bid package is hand delivered, DHCS staff will give a bid receipt to the hand carrier upon request. b. To be timely, DHCS’ Contract Management Unit must receive bid packages at the stated place of delivery no later than 4:00 p.m. on the bid due date. Neither delivery to the department’s mailroom, to the program that issued this IFB, or the presence of a U.S. postmark will serve as proof of timely delivery. c. DHCS will deem late bid packages nonresponsive. 3. Bidder costs Bidders are responsible for all costs of developing and submitting a bid package. Such costs cannot be charged to DHCS or included in any cost element of a Bidder’s price offering.

K. Bid Opening All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read at 2pm on March 17, 2015, at the following address: Department of Health Care Services California Mental Health Planning Council 1501 Capitol Avenue, Suite 3001, MS 2706 Sacramento, CA 95814ip Code]

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L. Bid Requirements and Information 1. Nonresponsive bids In addition to any condition previously indicated in this IFB, the following occurrences may cause DHCS to deem a bid nonresponsive. a. Failure of a bidder to: 1) Meet bid format/content or submission requirements including, but not limited to, the sealing, labeling, and/or timely and proper delivery of bid packages. 2) Pass the Required Attachment / Certification Checklist review by not marking “Yes” for each item listed or by not appropriately justifying, to DHCS’ satisfaction, all “N/A” designations. b. If a bidder submits: 1) A bid that is conditional, materially incomplete or contains material alterations or irregularities of any kind. 2) Price information that contradicts the price/cost figures on the Bid Form or submits cost information in a format contrary to the IFB instructions. 3) False, inaccurate or misleading information or falsely certifies compliance on any bid attachment. c. If DHCS discovers, at any stage of the bid process or upon contract award, that a bidder is unwilling or unable to comply with the contract terms, conditions and exhibits cited in this IFB and/or the resulting contract. d. If other irregularities occur in a bid response that are not specifically addressed herein (i.e., the Bidder places any conditions on performance of the scope of work, submits a counter offer/proposal, etc.). 2. Bid modifications after submission a. All bid packages are to be complete when submitted. However, an entire bid package may be withdrawn and the Bidder may resubmit a new bid package prior to the bid due date. b. To withdraw and/or resubmit a new bid package, follow the instructions appearing in the IFB section entitled, “Withdrawal and/or resubmission of bids”. 3. Withdrawal and/or resubmission of bids a. Withdrawal deadline A Bidder may withdraw his/her entire bid any time prior to the bid due date. b. Submitting a withdrawal request 1) Submit a written withdrawal request, signed by an authorized representative of the Bidder. 2) Label and submit the withdrawal request using one of the following methods.

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U.S. Mail or Hand Delivery

Fax

Withdrawal IFB 14-90480 Department of Health Care Services Contract Management Unit Mail Station 1403 1501 Capitol Avenue, Suite 71.5195 P.O. Box 997413 Sacramento, CA 95899-7413

Withdrawal IFB 14-90480 Department of Health Care Services Contract Management Unit Fax (916) 650-0217

3) [For faxed requests] Bidders must call DHCS’ Contract Management Unit at 650-0150 to confirm receipt of a faxed withdrawal request. Follow-up the faxed request by mailing or delivering the signed original withdrawal request within 24 hours after submitting a faxed request. An originally signed withdrawal request is generally required before DHCS will return/release a bid package to a bidder. DHCS may grant an exception if the Bidder informs DHCS that the Bidder will submit a new or replacement bid package immediately following the withdrawal. c. Resubmitting a bid package After withdrawing an entire bid package, Bidders may resubmit a new/replacement bid package according to the submission instructions. Replacement bid packages must be received at the stated place of delivery by the due date and time. 4. Evaluation and selection This section describes, in general, the process that DHCS will use to evaluate timely bid packages. a. Bid opening/reading All bid packages properly received according to the IFB instructions on or before the bid due date will be publicly opened and read. b. Bid package review 1) Shortly after the bid opening and reading, one or more evaluators will convene to review each timely bid package to confirm its responsiveness to the IFB requirements. This is a pass/fail evaluation. 2) If deemed necessary by DHCS, additional bidder documentation may be collected to confirm the claims made by each bidder and to ensure that each bidder is responsive to all bid requirements. 3) If the materials submitted by a bidder do not prove, support or substantiate the claims made on the Required Attachment / Certification Checklist, the bid will be deemed nonresponsive and rejected from further consideration. c. If applicable, DHCS will adjust bid amounts for any claimed preference following confirmation of eligibility with the Department of General Services. d. DHCS will post a Notice of Intent to Award.

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5. Contract award and protests a. Contract award 1) Award of the contract, if awarded, will be to the responsive and responsible Bidder that offers the lowest cost. The lowest cost will be determined after DHCS adjusts Bidder costs for applicable bid preferences and/or incentives. 2) DHCS shall award the contract only after DHCS posts a Notice of Intent to Award for five (5) working days DHCS expects to post the Notice of Intent to Award before the close of business on March 26, 2015 in a Contract Award Notices Binder which will be available for viewing by the public during normal working hours, at the location identified below. If DHCS finds a need to alter date for posting the Letter of Intent, either a Bid Addendum or Correction Notice will be issued with an alternate time line. Department of Health Care Services 1501 Capitol Avenue, First Floor Guard Station Sacramento, CA 95814 3) DHCS will mail, email, or fax a written notification and/or a copy of the Notice of Intent to Award to all firms that submitted a bid. 4) DHCS will confirm the contract award to the winning bidder after the protest deadline, if no protests are filed or following the Department of General Service’s resolution of all protests. DHCS staff may confirm an award verbally, via email, or in writing. b. Settlement of tie bids 1) In the event of a precise tie between the lowest responsive bid submitted by a certified small business or microbusiness and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the contract will be awarded to the DVBE bidder per Government Code Section 14838(f) et seq. 2) In the event of a precise tie between the lowest responsive bid submitted by a non-small business that was granted small business subcontractor preference and the lowest responsive bid submitted by a certified small business or microbusiness, the contract will be awarded to the certified small business or microbusiness. 3) In the event of a precise tie between the lowest responsive bid submitted by a nonprofit veteran service agency (NVSA) that is a certified small business and the lowest responsive bid submitted by a certified DVBE that is also a certified small business, the contract will be awarded to the certified DVBE. 4) In the absence of a California law or regulation governing a specific tie, DHCS will settle all other tie bids in a manner DHCS determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will DHCS settle a tie by dividing the work among the tied Bidders. c.

Protests 1) Who can protest Any bidder who submits a bid may file a protest if the bidder believes its bid package is responsive to all IFB requirements and its bid is the lowest dollar bid.

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2) Grounds for protests Protests are limited to the grounds described in Public Contract Code (PCC) Section 10345. DHCS will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of the Department of General Services (DGS). 3) Protest time lines a) If an eligible Bidder wishes to protest the intended contract award, the Bidder must file a “Notice of Intent to Protest” with both DHCS and the Department of General Services within five working days after DHCS posts the Notice of Intent to Award. The Notice of Intent to Protest may be quite brief. Any Notice of Intent to Protest filed more than five working days after DHCS posts the Notice of Intent to Award shall be untimely. b) Within five calendar days after filing a “Notice of Intent to Protest”, the protestant must file with both DHCS and the Department of General Services a full and complete written protest statement identifying the specific grounds for the protest. The statement must contain, in detail, the reasons, law, rule, regulation, or practice that the protestant believes DHCS has improperly applied in awarding the contract. 4) Submitting a protest A protest must be hand delivered, mailed, or faxed to the appropriate agencies. Label, address, and submit an initial protest notice and/or a detailed protest statement using one of the following methods.

Hand Delivery, Mail or Overnight Express:

Fax:

Protest to DHCS IFB 14-90480 Department of Health Care Services Contract Management Unit Mail Station 1403 1501 Capitol Avenue, Suite 71.5195 P.O. Box 997413 Sacramento, CA 95899-7413

Protest to DHCS IFB 14-90480 Department of Health Care Services Contract Management Unit

Protest to DHCS IFB 14-90480 Dept. of General Services Office of Legal Services Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 P.O. Box 989052 West Sacramento, CA 95798-9052

Protest to DHCS IFB 14-90480 Dept. of General Services Office of Legal Services

Fax (916) 650-0175

Fax: (916) 376-5088

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For faxed protests Faxed protests must be followed-up by sending an original signed protest, with all supporting material, within seven (7) calendar days of submitting the faxed protest. Call the telephone numbers below to confirm receipt of a fax transmission: Department of General Services Department of Health Care Services

(916) 376-5080 (916) 650-0150

6. Disposition of bids a. All materials submitted in response to this IFB will become the property of the Department of Health Care Services and, as such, are subject to the Public Records Act (GC Section 6250, et seq.). DHCS will disregard any language purporting to render all or portions of any bid package confidential. b. Upon posting of a Notice of Intent to Award, all documents submitted in response to this IFB and all documents used in the selection process (e.g., review checklists, letters of intent, etc.) will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and shall be subject to review by the public. However, bid contents, bidder correspondence, selection working papers, or any other medium shall be held in the strictest confidence until the Notice of Intent to award is posted. c. DHCS may return a bid package to a bidder at their request and expense after DHCS concludes the bid process. d. DHCS may opt to return any bid package received late or after bid due date unopened to the sender. 7. Inspecting or obtaining copies of Bids a. Who can inspect or copy bid materials Any person or member of the public can inspect or obtain copies of bid materials. b. What can be inspected / copied and when 1) After DHCS releases the IFB, any existing Bidders List (i.e., list of firms or persons to whom this IFB is sent or released by the funding program) or information obtained from DGS on the firms or persons that downloaded this IFB from a DGS website is considered a public record and will be available for inspection or copying. 2) On or after DHCS posts the Notice of Intent to Award, all bids, Bidders list, conference sign-in/attendance sheet, checklists and/or evaluation sheets become public records. These records shall be available for review, inspection and copying during normal business hours.

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c. Inspecting or obtaining copies of bid materials Persons wishing to view or inspect any bid related materials must identify the items they wish to inspect and must make an inspection appointment by contacting Tamara Jones at (916) 440-7813. Persons wishing to obtain copies of bid materials may visit or mail a written request to the DHCS office identified below. The requestor must identify the items they wish to have copied. Materials will not be released from State premises for the purposes of making copies. Unless waived by DHCS, a check covering copying and/or mailing costs must accompany the request. Copying costs, when applicable, are charged at a rate of ten cents per page. DHCS will fulfill all copy requests as promptly as possible. Submit copy requests as follows: Request for Copies - IFB 14-90480 Tamara Jones Department of Health Care Services California Mental Health Planning Council Mail Station Code 2706 [1501 Capitol Avenue, Suite 3001 Sacramento, CA 95814 8. Verification of Bidder information By submitting a bid, Bidders agree to authorize DHCS to: a. Verify any and all claims made by the Bidder including, but not limited to verification of prior experience and the possession of other qualification requirements, and b. Check any reference identified by a bidder or other resources known by the State to confirm the Bidder’s business integrity and history of providing effective, efficient and timely services. 9. DHCS rights In addition to the rights discussed elsewhere in this IFB, DHCS reserves the following rights. a. IFB corrections 1) DHCS reserves the right to do any of the following up to the bid submission deadline: a) Modify any date or deadline appearing in this IFB or the IFB Time Schedule. b) Issue clarification or correction notices, addenda, alternate IFB instructions, forms, etc. c) Waive any IFB requirement or instruction for all bidders if DHCS deems said requirement or instruction unnecessary, erroneous or unreasonable. If deemed necessary by DHCS, DHCS may also waive any IFB requirement or instruction after the bid submission deadline. d) Allow Bidders to submit questions about any IFB change, correction or addenda. If DHCS allows such questions, specific instructions will appear in the cover letter accompanying the document.

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2) If deemed necessary by DHCS to remedy an IFB error or defect that is not detected in a timely manner, DHCS may also issue correction notices or waive any unnecessary, erroneous, or unreasonable IFB requirement or instruction after the bid submission deadline. 3) If, after the Bid Submission deadline, it is discovered the posting of the Notice of Intent to Award will be delayed, DHCS reserves the right to issue a correction notice to all firms and individuals that submitted a bid. The correction notice will announce an alternate Notice of Intent to Award posting date and alternate Protest Deadline. The anticipated Contract Award date may also be impacted. 4) If applicable, DHCS will mail, email, or fax written clarification or correction notices or addenda to all persons/firms receiving this IFB. Exceptions may occur, when DHCS decides, just before or on the bid due date, to extend the submission deadline. If this occurs, DHCS may notify potential bidders of the extension by fax, email, or by telephone. DHCS will follow-up any verbal notice in writing by fax or mail. 5) The DHCS reserves the right to deem a bid nonresponsive if the bid amount offered exceeds DHCS’ stated funding limits for any budget period or total anticipated funding as cited in the cover letter that accompanied the IFB or if the total bid amount exceeds funding limit cited in Contract State Contract Register ad. 6) DHCS reserves the right to reject a bid as non-responsive if a bidder declines to accept the terms and conditions outlined in this document and its exhibits or if a bidder submits alternate contract/exhibit language that DHCS considers “a counter proposal”. 7) DHCS reserves the right to cancel this procurement and not make an award if none of the bids received are deemed responsive and responsible. b. Collecting information from Bidders 1) DHCS, at its sole discretion, reserves the right to collect, by mail, email, fax or other method, the following omitted and/or additional information. a) Information/material needed to clarify or confirm certifications or claims made by a bidder. 2) The collection of bidder documentation may cause DHCS to extend the date for posting the Notice of Intent to Award. If DHCS changes the posting date, DHCS will advise the Bidders, orally, via e-mail, or in writing, of the alternate posting date. c. Immaterial bid defects 1) DHCS may waive any immaterial defect in any bid package and allow the Bidder to remedy those defects. DHCS reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect. 2) DHCS’ waiver of an immaterial defect in a bid package shall in no way modify this IFB or excuse a bidder from full compliance with all bid requirements.

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d. Correction of clerical or mathematical errors 1) DHCS reserves the right, at its sole discretion, to overlook, correct or require a bidder to remedy any obvious clerical or mathematical errors on a bid form. 2) Bidders may be required to initial corrections to costs and figures on the Bid Form if the correction results in an alteration of the cost(s) offered. 3) If a mathematical error occurs in a total or extended price and a unit price is present, DHCS will use the unit price to settle the discrepancy. e. Right to remedy errors DHCS reserves the right to remedy errors caused by: 1) DHCS office equipment malfunctions or negligence by agency staff 2) Natural disasters (i.e., floods, fires, earthquakes, etc.). f.

No contract award or IFB cancellation The issuance of this IFB does not constitute a commitment by DHCS to award a contract. DHCS reserves the right to reject all bids and to cancel this IFB if it is in the best interests of DHCS to do so.

g. Contract amendments after award As provided in the Public Contract Code governing contracts awarded by competitive bid, DHCS reserves the right to amend the contract after DHCS makes a contract award.

M. Preference and Incentive Programs To confirm the identity of the lowest responsive Bidder, DHCS will adjust the total bid cost for applicable claimed preference(s). DHCS will apply preference adjustments to eligible Bidders according to State regulations following verification of eligibility with the appropriate office of the Department of General Services (DGS). 1. Small/Micro Business Preference a. A responsive California small/micro business or bidder, certified in a relevant business category or type, will be granted a preference up to five percent (5%) of the lowest responsive bid, if that bid is submitted by a non-small/micro business. Non-small business means a responsive/responsible bidder that is not certified by the California Department of General Services as a small business or microbusiness. The “service” category or business type will most likely apply to this procurement. Nonprofit Veteran Service Agencies (NVSA) are to view the instructions in provision 3 of this section (Preference Programs). b. In granting small/micro business preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder. c. To be certified as a California small/micro business and eligible for a bidding preference the business concern must meet the State’s eligibility requirements and must have submitted an application for small/micro business status no later than 5:00 p.m. on the bid submission deadline.

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d. Firms desiring small/micro business certification must follow the Department of General Services certification instructions and apply for certification. Prospective bidding firms desiring small business certification assistance may contact the Department of General Services by the following means: 1) (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator-Central receptionist), or 2) Internet address: http://www.dgs.ca.gov/pd/Programs/OSDS.aspx or 3) Fax: (916) 375-4950, or 4) Email: [email protected] 2. Non-Small Business Subcontractor Preference a. Non-small business means a responsive/responsible bidder that is not certified by the California Department of General Services as a small business or microbusiness. b. If the tentative low bidder is not a certified DVBE or small/micro business, a bid preference up to five percent (5%) is available to a responsive non-small business claiming twenty-five percent (25%) small business subcontractor participation with one or more small businesses. This preference is authorized pursuant to Title 2, California Code of Regulations Section 1896.2 and Government Code Section 14835. c. If a bidder claims the non-small business subcontractor preference, the bid response must identify each proposed small business subcontractor, the participation percentage amount committed to each identified subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor participation must equal no less than twenty-five percent (25%) of the total bid price or cost offered. d. To be granted preference, each proposed small business subcontractor must possess an active small business or micro business certification issued by the California Department of General services, must perform a “commercially useful function” under the contract and the basic functions to be performed must be identified at the time of bidding. e. In granting the non-small business subcontractor preference, no bid price will be reduced by more than $50,000. The cost adjustment is for computation purposes only and does not alter the actual cost offered by the Bidder. f.

Complete Attachment 9a (Non-Small Business Subcontractor Preference Request) and Attachment 9b (Small Business Subcontractor/Supplier Acknowledgement) to request the non-small business subcontractor preference.

g. Refer to the IFB section entitled, “Settlement of tie bids” to learn how tie bids will be resolved. 3. Nonprofit Veteran Service Agency (NVSA) Small business Preference a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible nonprofit veteran service agencies (NVSAs) claiming small business/microbusiness preference and verified as such in the relevant category or business type prior to the bid submission due date will be granted a preference up to five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a small business/microbusiness. The “service” category is the business type that will most likely apply to this procurement.

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b. In granting small business preference to NVSAs, no bid will 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 the Bidder. c. To be eligible for the NVSA small business preference, the business concern must: 1) Request preference at the time of bid submission, and 2) Become certified as a small business or micro business by the appropriate office of the California Department of General Services (DGS) prior to the bid submission due date. d. Refer to the IFB section entitled, “Settlement of tie bids” to learn how tie bids will be resolved. 4. DVBE Incentive a. DVBE Participation / Incentive Requirement Pursuant to California laws and regulations, a DVBE incentive in the form of a bid price reduction will be given to responsive/responsible bidders that provide for utilization of California certified DVBEs in excess of 3%. The application of the DVBE incentive is for evaluation purposes only. The maximum DVBE incentive allowed is 5%. The DVBE Incentive Scale below illustrates the earnable incentive based on the amount of DVBE participation in excess of 3%. b. Application of the DVBE Incentive The total bid price of an eligible bidder will be reduced by the applicable DVBE incentive percentage computed on the lowest total bid price submitted by a responsive/responsible bidder when a bidder: 1) Commits participation or use of DVBEs to perform commercially useful functions under the resulting contract in excess of 3%. To demonstrate DVBE participation, bidders are to: a) Follow the DVBE participation form completion instructions in Attachment 6 and return the applicable DVBE forms, with the bid response. 2) When responsive/responsible bidders claim and are deemed eligible for the small business preference and/or are eligible for the DVBE incentive or both, the small business preference will be applied first. a) If the lowest total bid price is submitted by a responsive/responsible California certified small business, only another California certified small business will be eligible for the DVBE incentive. b) After applying the DVBE incentive to eligible responsive/responsible bids, a certified small business bidder cannot be displaced from receiving the award by a non-small business bidder. A certified small business bidder that qualifies for the DVBE incentive can, however, displace another certified small business. 3) The DVBE incentive bid price adjustment for this procurement may not exceed 5% (up to a cap of $100,000). If the DVBE incentive is applied in combination with another bid preference (e.g., small business preference, non-small business subcontractor preference, TACPA, etc.), the cumulative bid price adjustment for all combined incentives and preferences cannot exceed $100,000.

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4) When responsive/responsible bidders are eligible one or more incentives and/or preferences, the order of application shall be as follows: a) b) c) d)

Small business preference will be applied first (if applicable) The DVBE incentive second (if applicable) The non-small business subcontractor preference third (if applicable) Other applicable bid preferences including Target Area Contract Preference Act (TACPA) preference, (if applicable).

c. DVBE Incentive Scale Unless superseded and replaced by an alternate DVBE Incentive Scale issued by the funding Program prior to bid due date, the following incentive scale will apply to this procurement. Percentage of DVBE Participation Achieved and Acknowledged

Allowable DVBE Incentive applied as a bid price reduction **

Over 5%

5%

Over 4.5% and up to 5%

4%

Over 4% and up to 4.5%

3%

Over 3.5% and up to 4%

2%

Over 3% and up to 3.5%

1%

3%

0%

** In no case will the application of the DVBE incentive reduce an eligible bidder’s bid price by more than $100,000 for evaluation purposes.

N. Contract Terms and Conditions 1. Loss Leader Clause It is unlawful for any person engaged in business within this state (California) to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. 2. Other Terms and Conditions The winning Bidder must enter an agreement that may contain the Bidder’s bid form or budget detail worksheets, a Scope of Work, standard contract provisions, and one or more of the contract forms and/or exhibits identified below. Other exhibits, not identified herein, may also appear in the resulting agreement. The exhibits identified in this section contain contract terms that require strict adherence to various laws and contracting policies. A Bidder’s unwillingness or inability to agree to the terms and conditions shown below or contained in any exhibit identified in this IFB may cause DHCS to deem a Bidder non-responsible and ineligible for an award. DHCS reserves the right to use the latest version of any form or exhibit listed below in the resulting agreement if a newer version is available.

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In general, DHCS will not accept alterations to the General Terms and Conditions (GTC), DHCS’ Special Terms and Conditions, the Scope of Work or alternate contract/exhibit language submitted by a prospective contractor. DHCS will consider a bid containing such provisions “a counter proposal” and DHCS may reject such a bid. 3. Sample contract forms / exhibits Exhibit Label a. Exhibit A1

Exhibit Name Standard Agreement

b. Exhibit A

Scope of Work

c. Exhibit B

Budget Detail and Payment Provisions

d. Exhibit C – view on-line.

General Terms and Conditions (GTC 610). View or download at this Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

e. Exhibit D(B)

Special Terms and Conditions

f.

Exhibit E

Additional Provisions

g. Exhibit F

Contractor’s Release

2. Unanticipated tasks DHCS reserves the right to extend the duration of the resulting agreement if deemed necessary to complete the services outlined in the Scope of Work. In the event unanticipated or additional work of the type outlined in the service description must be performed that is not identified in this IFB, but in DHCS’ opinion is necessary to successfully accomplish or complete the scope of work, DHCS will initiate a contract amendment to add that work. Unless otherwise indicated, all terms and conditions appearing in the resulting contract and the salary, wage, unit rates and/or other expenses appearing on the Bidder’s Bid Form will apply to any additional work. 3. Resolution of differences between IFB and contract language If an inconsistency or conflict arises between the terms and conditions appearing in the final agreement and the proposed terms and conditions appearing in this IFB, any inconsistency or conflict will be resolved by giving precedence to the agreement.

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Required Attachments

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