2024-002 Invitation for Bids (IFB) for Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming

Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 3 2.4.1 Specifies the Bidder’s minimum requirements, provides information regarding some of the requirements of the contract, and explains the solicitation process. 2.4.2 Contains instructions to Bidders on how to prepare and submit their Bid. 2.4.3 Explains how the Bids will be reviewed and selected. 2.4.4 Includes the following Appendices: A Sample Contract: Lists the terms and conditions of the Contract. B Required Forms: Forms contained in this section must be completed and included in the Bid. C IFB Transmittal to Request a Solicitation Requirements Review: Transmittal form sent to Public Health requesting a Solicitation Requirements Review. D Background and Resources: California Charities Regulation: An information sheet intended to assist Non-profit agencies with compliance with SB 1262 – the Nonprofit Integrity Act of 2004 and

identify available resources. 2.5 Terms and Definitions Throughout this IFB, references are made to certain persons, groups, or departments/agencies. For convenience, a description of specific definitions can be found in Appendix A (Sample Contract), Paragraph 2 (Definitions). 2.6 Anticipated Contract Term The contract term will commence on date of execution through June 29, 2028. The County has the sole option to extend the contract term for up to two additional one-year periods, subject to performance and availability of funds. Each such option will be exercised at the sole discretion of the Director of Public Health, or designee, as authorized by the County of Los Angeles Board of Supervisors (Board). 2.7 Contract Rates The selected contractor’s rates/fees will remain firm and fixed for the term of the contract. Payment for all work performed under the resultant contract will be on a Cost Reimbursement basis as specified in Exhibit 10, Pricing Sheet of Appendix B (Required Forms). Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 4 2.8 Days of Operation The selected contractor is required to respond to inquiries from County staff, at minimum, 9:00 am to 6:00 pm, Monday through Friday. The selected contractor is not required to provide services on weekends or County-recognized holidays. 2.9 Indemnification and Insurance The selected contractor must comply with the indemnification provisions contained in Appendix A (Sample Contract), Paragraph 11 (Indemnification) and must procure, maintain, and provide to the County proof of insurance coverage for all the programs of insurance along with associated amounts specified in Appendix A (Sample Contract), Paragraphs 12 (General Provisions for all Insurance Coverage) and 13 (Insurance Coverage). 3 BIDDER’S MINIMUM MANDATORY REQUIREMENTS Interested and qualified Bidders that can demonstrate their ability to successfully provide the required services outlined in Exhibit B (Scope of Work) of Appendix A (Sample Contract), are invited to submit a Bid, provided they meet the following minimum mandatory requirements at the time of Bid submission. NOTE: Subcontractor(s) and/or consultant(s) may not be used to meet any of the Bidder’s Minimum Mandatory Requirements. 3.1 Bidder must have a minimum of 10 years of experience delivering DSMES (including identifying, engaging, recruiting, and enrolling eligible adults in DSMES programming), especially targeting low-income populations (i.e., Medi-Cal eligible) in LAC. 3.2 Bidder must hold current accreditation or recognition from either the Association of Diabetes Care & Education Specialists (ADCES) or the American Diabetes Association (ADA) to deliver DSMES programming. 3.3 Bidder must have prior experience working with, and providing technical assistance to, a minimum of five clinics or organizations that serve low-income populations in LAC to improve DSMES program delivery. 3.4 Bidder must have its main office location in Los Angeles County. 3.5 If a Bidder’s compliance with a County contract has been reviewed by the Department of the Auditor-Controller (A-C) within the last 10 years, Bidder must not have unresolved questioned costs identified by the A-C, in an amount over $100,000.00, that are confirmed to be disallowed costs by the contracting County department, and remain unpaid for six months or more from the date of disallowance, unless such disallowed costs are the subject of current good faith negotiations to resolve the disallowed costs, in the opinion of the County. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 5 4 COUNTY’S RIGHTS AND RESPONSIBILITIES 4.1 County’s Right to Amend IFB The County has the right to amend this IFB by written addendum. The County is responsible only for that which is expressly stated in this solicitation document and any authorized written addenda thereto. Such addendum will be made available to each person or organization which County records indicate has received this IFB. Should such addendum require additional information not previously requested, failure to address the requirements of such addendum may result in the Bid not being considered, as determined in the sole discretion of the County. The County is not responsible for and will not be bound by any representations otherwise made by any individual acting or purporting to act on its behalf. 4.2 Final Contract Award by the Board of Supervisors Notwithstanding a recommendation of a Department, agency, individual, or other, the Board retains the right to exercise its judgment concerning the selection of a Bid and the terms of any resultant agreement, and to determine which Bid best serves the interests of the County. The Board is the ultimate decision-making body and makes the final determinations necessary to arrive at a decision to award, or not award, a contract. 4.3 County Option to Reject Bids The County may, at its sole discretion, reject any or all Bids submitted in response to this solicitation. The County is not liable for any costs incurred by a Bidder in connection with the preparation and submission of any Bid. The County reserves the right to waive inconsequential disparities in a submitted Bid. 4.4 Background and Security Investigations Background and security investigations of the selected contractor’s staff may be required at the discretion of the County as a condition of beginning and continuing work under any resulting contract. The cost of background checks is the responsibility of the selected contractor. 5 NOTIFICATION TO BIDDERS 5.1 Public Records Act 5.1.1 Responses to this solicitation become the exclusive property of the County. Absent extraordinary circumstances, the recommended Bidder’s Bid will become a matter of public record when (1) contract negotiations are complete; (2) Public Health receives a letter from the recommended Bidder’s authorized officer that the negotiated contract is the firm offer of the recommended Bidder; and (3) Public Health releases a copy of the recommended Bidder’s Bid in response to a Notice of Intent to Request a Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 6 Proposed Contractor Selection under Board Policy No. 5.055 (Services Contract Solicitation Protest). Notwithstanding the above, absent extraordinary circumstances, all Bids will become a matter of public record when the Department's Bidder recommendation appears on the Board agenda. Exceptions to disclosure are those parts or portions of all Bids that are justifiably defined as business or trade secrets, and plainly marked by the Bidder as "Trade Secret," "Confidential," or "Proprietary." 5.1.2 The County will not, in any way, be liable or responsible for the disclosure of any such record or any parts thereof, if disclosure is required or permitted under the California Public Records Act or otherwise by law. A blanket statement of confidentiality or the marking of each page of the Bid as confidential will not be deemed sufficient notice of exception. Bidders must specifically label only those provisions of their respective Bid which are "Trade Secrets," "Confidential," or "Proprietary" in nature. 5.2 Contact with County Personnel Any contact regarding this IFB or any matter relating thereto must be in writing and may be e-mailed, as follows: Luis A. Urgiles County of Los Angeles, Department of Public Health Division of Chronic Disease and Injury Prevention E-mail address: cdipcontracts@ph.lacounty.gov If it is discovered that a Bidder contacted and received information from any County personnel, other than the person specified above, regarding this solicitation, County, in its sole determination, may disqualify their Bid from further consideration. 5.3 Mandatory Requirement to Register on County’s WebVen Prior to contract award, all Bidders must register in the County’s WebVen. The WebVen contains the Bidder’s business profile and identifies the goods/services the business provides. Registration can be accomplished online via the Internet by accessing the County’s home page at http://camisvr.co.la.ca.us/webven/. 5.4 Protest Process 5.4.1 Under Board Policy No. 5.055 (Services Contract Solicitation Protest), any prospective Bidder may request a review of the requirements under a solicitation for a Board-approved services contract, as described in Section 5.4.3 below. Additionally, any actual Bidder may request a review of a disqualification or of a proposed contract award under such solicitation as described respectively in the section below. It is the responsibility of the Bidder challenging the decision of a County department to demonstrate that Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 7 the County department committed a sufficiently material error in the solicitation process to justify invalidation of a proposed contract award. 5.4.2 Throughout the review process, the County has no obligation to delay or otherwise postpone an award of contract based on a Bidder protest. In all cases, the County reserves the right to make an award when it is determined to be in the best interest of the County to do so. 5.4.3 Grounds for Review Unless State or federal statutes or regulations otherwise provide, the grounds for review of any Departmental determination or action are limited to the following: 5.4.3.1 Review of Solicitation Requirements (Reference Paragraph 9.1) 5.4.3.2 Review of a Disqualified Bid (Reference Paragraph 9.2) 5.4.3.3 Review of Department’s Proposed Contractor Selection (Reference Paragraph 9.3) 5.5 Conflict of Interest No County employee whose position in the County enables him/her to influence the selection of a contractor for this IFB, or any competing IFB, nor any spouse or economic dependent of such employee(s), will be employed in any capacity by a Bidder or have any other direct or indirect financial interest in the selection of a contractor. Bidder must certify that he/she is aware of and has read Section 2.180.010 of the Los Angeles County Code as stated in Exhibit 3 (Bidder’s Certification of Compliance) of Appendix B (Required Forms). 5.6 Determination of Bidder Responsibility 5.6.1 A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the County’s policy to conduct business only with responsible contractors. 5.6.2 Bidders are hereby notified that, in accordance with Chapter 2.202 of the County Code, the County may determine whether the Bidder is responsible based on a review of the Bidder’s performance on any contracts, including but not limited to County contracts. Particular attention will be given to violations of labor laws related to employee compensation and benefits, and evidence of false claims made by the Bidder against public entities. Labor law violations which are the fault of the subcontractors and of which the Bidder had no knowledge will not be the basis of a determination that the Bidder is not responsible. 5.6.3 The County may declare a Bidder to be non-responsible for purposes of this contract if the Board of Supervisors, in its discretion, finds that the Bidder has done any of the following: (1) violated a term of a contract with the Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 8 County or a nonprofit corporation created by the County; (2) committed an act or omission which negatively reflects on the Bidder’s quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or omission which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the County or any other public entity. 5.6.4 If there is evidence that the apparent highest ranked Bidder may not be responsible, the Department will notify the Bidder in writing of the evidence relating to the Bidder’s responsibility, and its intention to recommend to the Board that the Bidder be found not responsible. The Department will provide the Bidder and/or the Bidder’s representative with an opportunity to present evidence as to why the Bidder should be found to be responsible and to rebut evidence which is the basis for the Department’s recommendation. 5.6.5 If the Bidder presents evidence in rebuttal to the Department, the Department will evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the Board. The final decision concerning the responsibility of the Bidder will reside with the Board of Supervisors. 5.6.6 These terms will also apply to proposed subcontractors of Bidders on County contracts. 5.7 Bidder Debarment 5.7.1 Bidders are hereby notified that, in accordance with Chapter 2.202 of the County Code, the County may debar a Bidder from bidding or proposing on, or being awarded, and/or performing work on other County contracts for a specified period of time, which generally will not exceed five years but may exceed five years or be permanent if warranted by the circumstances, and the County may terminate any or all of the Bidder’s existing contracts with County, if the Board of Supervisors finds, in its discretion, that the Bidder has done any of the following: (1) violated a term of a contract with the County or a nonprofit corporation created by the County; (2) committed an act or omission which negatively reflects on the Bidder’s quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or offense which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the County or any other public entity. These terms will also apply to proposed subcontractors of Bidders on County contracts. 5.7.2 A listing of contractors that are currently on the Debarment List for Los Angeles County may be obtained on the following website: Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 9 https://doingbusiness.lacounty.gov/listing-of-contractors-debarred-in-los- angeles-county/. 5.8 Improper Considerations 5.8.1 Attempt to Secure Favorable Treatment It is improper for any County officer, employee, or agent to solicit consideration, in any form, from a Bidder with the implication, suggestion or statement that the Bidder’s provision of the consideration may secure more favorable treatment for the Bidder in the award of a contract or that the Bidder’s failure to provide such consideration may negatively affect the County’s consideration of the Bidder’s submission. Bidders must not offer or give either directly or through an intermediary, consideration, in any form, to a County officer, employee or agent for the purpose of securing favorable treatment with respect to the award of a contract. 5.8.2 Notification to County Bidders must immediately report any attempt by a County officer, employee, or agent to solicit such improper consideration. The report must be made to the Los Angeles County Fraud Hotline at (800) 544-6861 or https://fraud.lacounty.gov/. Failure to report such a solicitation may result in the Bidder’s submission being eliminated from consideration. 5.8.3 Form of Improper Consideration Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts. 5.9 County Lobbyist Ordinance The County has enacted an ordinance regulating the activities of persons who lobby County officials. This ordinance, referred to as the “Lobbyist Ordinance”, defines a County Lobbyist and imposes certain registration requirements upon individuals meeting the definition. The complete text of the ordinance can be found in County Code Chapter 2.160. In effect, each person, corporation or other entity that seeks a County permit, license, franchise, or contract must certify compliance with the ordinance. As part of this solicitation process, it is the responsibility of each Bidder to review the ordinance independently, as the text of said ordinance is not contained within this IFB. Thereafter, each person, corporation, or other entity submitting a response to this solicitation, must certify that each County Lobbyist, as defined by Los Angeles County Code Section 2.160.010, retained by the Bidder is in full compliance with Chapter 2.160 of the Los Angeles County Code and each such County Lobbyist is not on the Executive Office’s List of Terminated Registered Lobbyists. 5.10 Consideration of GAIN/START Participants for Employment 5.10.1 As a threshold requirement for consideration for contract award, Bidders must demonstrate a proven record of hiring participants in the County’s Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 10 Department of Public Social Services Greater Avenues for Independence (GAIN) or Skills and Training to Achieve Readiness for Tomorrow (START) Programs or must attest to a willingness to consider GAIN/START participants for any future employment openings if the participants meet the minimum qualifications for that opening. Bidders must attest to a willingness to provide employed GAIN/START participants access to the Bidder’s employee mentoring program, if available, to assist these individuals in obtaining permanent employment and/or promotional opportunities. 5.10.2 Bidders who are unable to meet this requirement will not be considered for contract award. Bidders must complete and return Exhibit 3 (Certification of Compliance) of Appendix B (Required Forms), along with their Bid. 5.11 Jury Service Program 5.11.1 The prospective contract is subject to the requirements of the County’s Contractor Employee Jury Service Ordinance (“Jury Service Program”) (Los Angeles County Code, Chapter 2.203). Prospective contractors should carefully review the Jury Service Ordinance and Paragraph 30 (Compliance with the County’s Jury Service Program) of Appendix A (Sample Contract), both of which are incorporated by reference into and made part of this IFB. The Jury Service Program applies to both contractors and their subcontractors. Bids that fail to comply with the requirements of the Jury Service Program will be considered non-responsive and excluded from further consideration. 5.11.2 Bidders must certify compliance with County’s Contractor Employee Jury Service Ordinance in Exhibit 3 (Certification of Compliance) of Appendix B (Required Forms). If a Bidder does not fall within the Jury Service Program’s definition of “Contractor” or if it meets any of the exceptions to the Jury Service Program, then the Bidder must so indicate in Exhibit 3 (Certification of Compliance) of Appendix B (Required Forms) and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing a Bidder’s application, the County will determine, in its sole discretion, whether the Bidder falls within the definition of Contractor or meets any of the exceptions to the Jury Service Program. The County’s decision will be final. 5.12 Pending Acquisitions/Mergers by Bidding Company Bidders must notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If Bidders are restricted from legally notifying the County of pending acquisitions/mergers, then they should notify the County of the actual acquisition/merger as soon as the law allows and provide to the County the legal framework that restricted them from notifying the County prior to the actual acquisition/merger. This information must be provided by Bidders in Exhibit 2 (Bidder’s Organization Questionnaire/Affidavit) of Appendix Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 11 B (Required Forms). Failure of a Bidder to provide this information may eliminate its Bid from any further consideration. Bidders have a continuing obligation to notify the County and update any changes to their response in Exhibit 2 (Bidder’s Organization Questionnaire/Affidavit) of Appendix B (Required Forms) during the solicitation. 5.13 Charitable Contributions Compliance 5.13.1 California’s “Supervision of Trustees and Fundraisers for Charitable Purposes Act” regulates receiving and raising charitable contributions. Among other requirements, those subject to the Charitable Purposes Act must register. The 2004 Nonprofit Integrity Act (SB 1262, Chapter 919) increased Charitable Purposes Act requirements. Bidders should carefully read the Background and Resources: California Charities Regulation, Appendix D. These rules cover California public benefit corporations, unincorporated associations, and trustee entities and may include similar foreign corporations doing business or holding property in California. The Nonprofit Integrity Act contains substantive requirements affecting executive compensation, fund-raising practices, and documentation. Charities with over $2 million of revenues (excluding funds that must be accounted for to a governmental entity) also have specific audit requirements. 5.13.2 All Bidders must determine if they receive or raise charitable contributions which subject them to the Charitable Purposes Act and complete the Charitable Contributions Certification, Exhibit 3 (Certification of Compliance) in Appendix B (Required Forms). A completed Exhibit 3 (Certification of Compliance) of Appendix B (Required Forms) is a required part of any agreement with the County. 5.13.3 Bidders that do not complete Exhibit 3 (Certification of Compliance) of Appendix B (Required Forms) as part of the solicitation process may, in the County’s sole discretion, be disqualified from contract award. A County contractor that fails to comply with its obligations under the Charitable Purposes Act is subject to either contract termination or debarment proceedings or both. (County Code Chapter 2.202). 5.14 Defaulted Property Tax Reduction Program 5.14.1 The prospective contract is subject to the requirements of the County’s Defaulted Property Tax Reduction Program (“Defaulted Tax Program”) (Los Angeles County Code, Chapter 2.206). Bidders should reference the pertinent provisions in Paragraphs 80 (Warranty of Compliance with County’s Defaulted Property Tax Reduction Program) and 81 (Termination for Breach of Warranty to Maintain Compliance with County’s Defaulted Tax Program) of Appendix A (Sample Contract). The Defaulted Tax Program applies to both contractors and their subcontractors. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 12 5.14.2 Bidders are required to certify that they are in full compliance with the provisions of the Defaulted Tax Program and must maintain compliance during the term of any contract that may be awarded pursuant to this solicitation or must certify that they are exempt from the Defaulted Tax Program by completing Exhibit 3 (Certification of Compliance) in Appendix B (Required Forms). Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non-compliance contractor (Los Angeles County Code, Chapter 2.202). 5.14.3 Bids that fail to comply with the certification requirements of the Defaulted Tax Program will be considered non-responsive and excluded from further consideration. 5.15 County’s Commitment to Zero Tolerance Policy on Human Trafficking 5.15.1 On October 4, 2016, the Board approved a motion taking significant steps to protect victims of human trafficking by establishing a zero tolerance policy on human trafficking. The policy prohibits contractors engaged in human trafficking from receiving contract awards or performing services under a County contract. 5.15.2 Bidders are required to complete Exhibit 3 (Certification of Compliance) in Appendix B (Required Forms), certifying that they are in full compliance with the County’s Zero Tolerance Policy on Human Trafficking provision as defined in Paragraph 31 (Compliance with County’s Zero Tolerance Policy on Human Trafficking) of Appendix A (Sample Contract). Further, contractors are required to comply with the requirements under said provision for the term of any contract awarded pursuant to this solicitation. 5.16 Intentionally Omitted 5.17 Default Method of Payment: Direct Deposit or Electronic Funds Transfer (EFT) 5.17.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/contract with the County is Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the A-C. 5.17.2 Upon contract award or at the request of the A-C and/or Public Health, the selected contractor must submit a direct deposit authorization request with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements. 5.17.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit will supersede this requirement with respect to those payments. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 13 5.17.4 Upon contract award or at any time during the duration of the agreement/ contract, the selected contractor may submit a written request for an exemption to this requirement. The A-C, in consultation with Public Health, will decide whether to approve exemption requests. 5.18 Bidder’s Acknowledgement of County’s Commitment to Fair Chance Employment Hiring Practices 5.18.1 On May 29, 2018, the Board approved a Fair Chance Employment Policy in an effort to remove job barriers for individuals with criminal records. The policy requires businesses that contract with the County to comply with fair chance employment hiring practices set forth in California Government Code Section 12952. 5.18.2 Bidders are required to complete Exhibit 3 (Certification of Compliance) in Appendix B (Required Forms), certifying that they and their subcontractors are in full compliance with Government Code Section 12952, as indicated in the Sample Contract. Further, the selected contractor is required to comply with the requirements under Government Code Section 12952 for the term of any contract awarded pursuant to this solicitation. 5.19 Contractor Alert Reporting Database 5.19.1 The County maintains the Contractor Alert Reporting Database (CARD), which is used to track/monitor poorly performing contractors. When a County department identifies a significant performance/non-compliance issue(s) with a contractor, the department will provide notice to the contractor and will give the contractor an opportunity to correct the issue(s). If the contractor does not take any appropriate steps to correct the issue(s), the County department will enter the contractor, along with any other relevant information pertaining to the contractor's performance issue(s), into CARD. 5.19.2 The information entered into CARD can be accessed by all County departments, and will be used, along with any other relevant information not included in CARD, in determining Bidder responsibility. If a department reviews this information and determines that a finding of non-responsibility should be pursued, the department will adhere to the guidelines specified in the Los Angeles County Code Chapter 2.202, and the County’s Implementation Procedures for Determinations of Contractor Non- Responsibility and Contractor Debarment. 5.20 Prohibition from Participation in Future Solicitation(s) A Bidder, or a Contractor or its subsidiary or Subcontractor ("Bidder/Contractor"), is prohibited from submitting a Bid or Proposal in a County solicitation if the Bidder/Contractor has provided advice or consultation for the solicitation. A Bidder/Contractor is also prohibited from submitting a Bid or Proposal in a County solicitation if the Bidder/Contractor has developed or prepared any of the Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 14 solicitation materials on behalf of the County. A violation of this provision will result in the disqualification of the Contractor/Bidder from participation in the County solicitation or the termination or cancellation of any resultant County contract. (Los Angeles County Code, Chapter 2.202). 5.21 Community Business Enterprise (CBE) Participation The County has adopted a Community Business Enterprise (CBE) Program, which includes business enterprises certified as disadvantaged business enterprises disabled veteran-owned, minority-owned, women-owned, and lesbian, gay, bisexual, transgender, queer, and questioning-owned business types. The County has established a collective 25% participation goal for CBE certified firms, calculated on the eligible procurement dollars. The program maintains data on the types of businesses registered as CBEs and their utilization. The Bidder’s CBE participation must be reflected in Exhibit 6 (Community Business Enterprise (CBE) Information) form in Appendix B (Required Forms). All Bidders must document efforts it has taken to assure that CBEs are utilized when possible to provide supplies, equipment, technical services, and other services under this Contract. Bidders must make documents related to these efforts available to the County upon request. The County strongly encourages participation by CBEs; however, the final selection will be made without regard to race, color, creed, or gender. The final selection will be based on the Bidder’s ability to provide the best service and value to the County. To obtain a list of the County’s CBE certified firms, e-mail the request to the County of Los Angeles Department of Economic Opportunity at CBESBE@opportunity.lacounty.gov with the subject “Request for CBE Listing.” For additional information contact the Office of Small Business at: (844) 432-4900 or at OSB@opportunity.lacounty.gov. 5.22 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions (45 C.F.R. Part 76) 5.22.1 Pursuant to federal law, the County is prohibited from contracting with parties that are suspended, debarred, ineligible, or excluded, or whose principals are suspended, debarred, or excluded from securing federally funded contracts. At the time of a Bidder’s response to this IFB, the Bidder must submit a certification, as set forth in Exhibit 12 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions [45 C.F.R. Part 76]) in Appendix B (Required Forms), attesting that neither it, as an organization, nor any of its owners, officers, partners, directors, or other principals are currently suspended, debarred, ineligible, or excluded from securing federally funded contracts. Should a Bid response to this IFB identify prospective subcontractors, or should Bidder intend to use subcontractors in the provision of services under any subsequent contract, Bidder must submit a certification, completed by each Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 15 subcontractor, attesting that neither the subcontractor, as an organization, nor any of its owners, officers, partners, directors, or other principals are currently suspended, debarred, ineligible, or excluded from securing federally funded contracts. 5.22.2 Failure to provide the required certification may eliminate Bidder’s response to IFB from consideration. 5.22.3 In the event that Bidder and/or its subcontractor(s) is or are unable to provide the required certification, Bidder instead will provide a written explanation concerning its and/or its subcontractor’s inability to provide the certification. Bidder’s written explanation must describe the specific circumstances concerning the inability to certify. It further must identify any owner, officer, partner, director, or other principal of the Bidder and/or subcontractor who is currently suspended, debarred, ineligible, or excluded from securing federally funded contracts. Finally, the written explanation must provide that person’s or those persons’ job description(s) and function(s) as they relate to the contract which is being solicited by this IFB. 5.22.4 The written explanation will be examined by the County to determine, in its full discretion, whether further consideration of the Bid response to this IFB is appropriate under the federal law. 5.23 Inadvertent Access Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The selected contractor or any of its officers, employees, or agents, will not have access to any patient medical records/patient information. Accordingly, the selected contractor will instruct its officers, employees, and agents that they are not to pursue, or gain access to, patient medical records/patient information for any reason whatsoever. 5.23.1 Notwithstanding the forgoing, the parties acknowledge that in the course of the provision of services hereunder, the selected contractor or its officers, employees, and agents, may have inadvertent access to patient medical records/patient information. The selected contractor understands and agrees that neither it nor its officers, employees, or agents, are to take advantage of such access for any purpose whatsoever. 5.23.2 Additionally, in the event of such inadvertent access, the selected contractor and its officers, employees, and agents, must maintain the confidentiality of any information obtained and must notify the Director that such access has been gained immediately, or upon the first reasonable opportunity to do so. In the event of any access, whether inadvertent or intentional, the selected contractor must indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all liability, including but not limited to, actions, claims, costs, demands, expenses, and fees (including attorney and expert witness fees) arising from or connected with the selected contractor’s or its officers’, employees’, or agents’, access to Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 16 patient medical records/patient information. The selected contractor will provide appropriate training to its employees regarding their obligations as described hereinabove. 6 COUNTY’S PREFERENCE PROGRAMS 6.1 Overview of County’s Preference Programs 6.1.1 The County of Los Angeles has three Preference Programs: the Local Small Business Enterprise (LSBE), Disabled Veteran Business Enterprise (DVBE), and Social Enterprise (SE) programs. The Board encourages business participation in the County’s contracting process by continually streamlining and simplifying our selection process and expanding opportunities for these businesses to compete for County opportunities. 6.1.2 The Preference Programs (LSBE, DVBE, and SE) require that a business complete certification prior to requesting a preference in a solicitation. This program and how to obtain certification are further explained in paragraph 6.2, 6.4, and 6.5 of this solicitation. Additional information on the County’s preference programs is also available on the Department of Consumer and Business Affairs' (DCBA) website at: http://dcba.lacounty.gov. 6.1.3 In no case will the Preference Programs (LSBE, DVBE, and SE) price or scoring preference be combined with any other county preference program to exceed 15% in response to any County solicitation. 6.1.4 Sanctions and financial penalties may apply to a business that knowingly, and with intent to defraud, seeks to obtain or maintain certification as a certified LSBE, DVBE, or SE when not qualified. 6.2 Local Small Business Enterprise (LSBE) Preference Program 6.2.1 The County will give LSBE preference during the solicitation process to businesses that meet the definition of an LSBE for solicitations subject to the federal restriction on geographical preferences, consistent with Chapter 2.204.030C.2 of the Los Angeles County Code. 6.2.2 The business must be certified by DCBA prior to requesting the LSBE Preference in a solicitation. To apply for certification as an LSBE, businesses should contact DCBA at http://dcba.lacounty.gov 6.2.3 Businesses requesting the LSBE preference must complete and submit Exhibit 4 (Request for Preference Consideration) in Appendix B (Required Forms) and submit their LSBE certification approval letter (“Certification for Federally Funded Solicitations”) from the DCBA with their Bid. 6.3 Disabled Veteran Business Enterprise (DVBE) 6.3.1 The County will apply the DVBE preference during the solicitation process to businesses that meet the definition of a DVBE, consistent with Chapter 2.211 of the Los Angeles County Code. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 17 6.3.2 The business must be certified by DCBA, prior to requesting the DVBE preference in a solicitation. To apply for certification as a DVBE, businesses should contact DCBA at http://dcba.lacounty.gov. 6.3.3 Businesses requesting the DVBE preference must complete and submit Exhibit 4 (Request for Preference Consideration) in Appendix B (Required Forms) and submit a letter of certification from the DCBA with their Bid. 6.4 Social Enterprise (SE) Preference Program 6.4.1 The County will apply the SE preference during the solicitation process to businesses that meet the definition of an SE for solicitations subject to the federal restriction on geographical preferences, consistent with Chapter 2.205 of the Los Angeles County Code. 6.4.2 The business must be certified by DCBA, prior to requesting the SE preference in a solicitation. To apply for certification as an SE, businesses should contact DCBA at http://dcba.lacounty.gov. 6.4.3 Businesses requesting the SE preference, must complete and submit Exhibit 4 (Request for Preference Consideration) in Appendix B (Required Forms), and submit their SE certification approval letter (“Certification for Federally Funded Solicitations”) from the DCBA with their Bid. 6.5 Preference Program Enterprises (PPE) - Prompt Payment Program It is the intent of the County that Certified Preference Program Enterprises (PPE) receive prompt payment for services they provide to County Departments. Prompt payment is defined as 15 calendar days after receipt of an approved, undisputed invoice which has been properly matched against documents such as a receiving, shipping, or services delivered report, or any other validation of receipt document consistent with Board Policy 3.035 (Preference Program Payment Liaison and Prompt Payment Program). 7 IFB REQUIREMENTS This Section contains key project dates and activities as well as instructions to Bidders in how to prepare and submit their Bid. 7.1 County Responsibility The County is not responsible for representations made by any of its officers or employees prior to the execution of a contract unless such understanding or representation is included in the contract. 7.2 Truth and Accuracy of Representations False, misleading, incomplete, or deceptively unresponsive statements in connection with a Bid are sufficient cause for rejection of the Bid. The evaluation and determination in this area will be at the Director’s sole judgment, which will be final. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 18 7.3 Bidders’ Questions Bidders may submit written questions regarding this IFB by e-mail with a subject line of “IFB #2024-002 Bidders’ Questions” to: Luis A. Urgiles at cdipcontracts@ph.lacounty.gov. All questions must be received by the date and time specified in Paragraph 1 (Solicitation Information and Minimum Mandatory Requirements). All questions, without identifying the submitting company, will be compiled with the appropriate answers, and issued as an addendum to the IFB. 7.4 Bidders’ Conference A Bidders' Conference will not be conducted for this IFB. Bidders may submit questions regarding this IFB as described in Paragraph 7.3, Bidder’s Questions. 7.5 Preparation of the Bid Bids must be submitted, via e-mail to: Luis Urgiles at cdipcontracts@ph.lacounty.gov by the date and time listed in Paragraph 1 (Solicitation Information and Minimum Mandatory Requirements). All Bids must be submitted in the prescribed format. Any Bid that deviates from this format may be rejected without review at the County’s sole discretion. Bidders are each limited to one Bid submission. 7.6 Bid Format and Review Process The content and sequence of the Bid must be as follows: 7.6.1 Bid Cover Letter Bidders must include a Bid Cover Letter. The Bid Cover Letter must be on agency letterhead, and addressed to: Luis A. Urgiles County of Los Angeles, Department of Public Health Division of Chronic Disease and Injury Prevention The Bid Cover Letter must include the following: a. A statement that the Bid is submitted in response to the “SOLUTIONS FOR EQUITABLE DIABETES PREVENTION AND MANAGEMENT: DSMES COMMUNITY OF PRACTICE AND SUPPORT PROGRAMMING, IFB: #2024-002." b. The annual Bid amount and total. c. A statement indicating whether or not the Bidder intends to use subcontractor(s)/consultant(s) for the provision of services. If a Bidder Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 19 will utilize subcontractor(s)/consultant(s) to perform any services, the Bidder must identify each proposed subcontractor(s)/consultant(s). d. A statement that the Bidder will bear sole and complete responsibility for all work as outlined in Appendix A (Sample Contract) and as defined in Exhibit B (Scope of Work) of Appendix A (Sample Contract). e. The name, telephone number, and e-mail address of the Bidder’s representative/contact person for the Bid. f. The signature of the agency’s Executive Director, Chief Executive Officer, or other authorized designee with a statement that the designee is authorized to bind the Bidder in a contract. Bid Cover Letters must not include any additional information. 7.6.2 Table of Contents The Table of Contents must be a comprehensive listing of material included in the Bid. This section must include a clear definition of the material, identified by sequential page numbers and by section reference numbers. 7.6.3 Pricing Sheet(s) (Section A) Bidders must complete and submit Exhibit 10 (Pricing Sheet) as provided in Appendix B (Required Forms). Bidders must complete and submit Exhibit 11 (Certification of Independent Price Determination and Acknowledgement of IFB Restrictions) as provided in Appendix B (Required Forms). Bids will be examined to determine the lowest price. Should one or more of the Bidders request, and be granted the LSBE, SE, or DVBE, the lowest Bid price will be determined as follows: Fifteen percent (15%) of the lowest cost proposed will be calculated, not to exceed $150,000, and that amount will be deducted from the cost submitted by all Bidders who requested and were granted the preference. In no case will any preference be combined to exceed 15% of the lowest responsible Bid meeting specifications. The maximum number of possible points will be awarded to the lowest cost Bid. All other Bids will be compared to the lowest cost and points awarded accordingly. 7.6.4 Bidder’s Qualifications (Section B) Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 20 Each Bidder must demonstrate that its organization has the experience to perform the required services. The following sections must be included in the Bid: 7.6.4.1 Bidder’s Background and Experience (Section B.1) Bidders must complete, sign, and date Exhibit 2 (Bidder’s Organization Questionnaire/Affidavit) as provided in Appendix B (Required Forms). The person signing the form must be authorized to sign on behalf of the Bidder and to bind the applicant in a contract. Bidders must provide a summary of relevant background information to demonstrate that the Bidder meets the minimum requirements stated in Paragraph 3 (Bidder’s Minimum Requirements) of this IFB and has the capability to perform the required services as a corporation or other entity. Taking into account the structure of the Bidder’s organization, Bidder must determine which of the below referenced supporting documents the County requires. If the Bidder’s organization does not fit into one of these categories, upon receipt of the Bid or at some later time, the County may, in its discretion, request additional documentation regarding the Bidder’s business organization and authority of individuals to sign contracts. If the below referenced documents are not available at the time of Bid submission, Bidders must request the appropriate documents from the California Secretary of State and provide a statement on the status of the request. Required Support Documents: Corporations or Limited Liability Company (LLC): The Bidder must submit the following documentation with the Bid: 1) A copy of a “Certificate of Good Standing” with the state of incorporation/organization or a statement on status of the request. 2) A conformed copy of the most recent “Statement of Information” as filed with the California Secretary of State listing corporate officers or members and managers. Limited Partnership: The Bidder must submit a conformed copy of the Certificate of Limited Partnership or Application for Registration of Foreign Limited Partnership as filed with the California Secretary of State, and any amendments. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 21 The review will include verification of references submitted, a review of the Contractor Alert Reporting Database (CARD), if applicable, reflecting past performance history on County contracts, and a review of terminated contracts. 7.6.4.2 Bidder’s Affidavit of Adherence to Minimum Mandatory Requirements (Section B.2) Bidder must demonstrate that it has the ability to satisfy each of the Bidder’s Minimum Mandatory Requirements as outlined in Paragraph 3 of this IFB, and has the capability to perform the required services, as outlined in Exhibit B (Scope of Work) of Appendix A (Sample Contract), by completing Exhibit 7, Bidder’s Affidavit of Adherence to Minimum Mandatory Requirements in Appendix B (Required Forms). 7.6.4.3 Bidder’s Pending Litigation and Judgments (Section B.3) The County will conduct a review of each Bidder’s pending litigation and judgments. Bidders must complete and submit Exhibit 8, Bidder’s Pending Litigation and/or Judgments of Appendix B, Required Forms. Bidders must identify by name, case, and court jurisdiction any pending litigation in which Bidder is involved, or judgments against Bidder in the past five years. Additionally, Bidder must provide a statement describing the size and scope of any pending or threatening litigation against the Bidder or principals of the Bidder or a statement verifying Bidder has no pending litigations or judgments. A review to determine the magnitude of any pending litigation or judgments against the Bidder will be conducted by County. 7.6.4.4 Bidder’s References (Section B.4) Bidder must provide five references where the same or similar scope of services was provided to demonstrate that the Bidder meets the Minimum Mandatory Requirements identified in Paragraph 3 of this IFB. Bidders must complete Exhibit 9 (List of References), in Appendix B (Required Forms), and provide in Section B.4 of the Bid. Bidder may use additional sheets, if necessary. It is the Bidder’s sole responsibility to ensure that information provided for each reference is accurate. County may disqualify a Bidder if: 1) references fail to substantiate Bidder’s description of the services provided; or Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 22 2) references fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel; or 3) the Department is unable to reach the point of contact with reasonable effort. It is the Bidder’s responsibility to inform the point of contact it is listed as a reference and that it may be contacted during normal working hours. 7.6.4.5 Bidder’s Debarment History and List of Terminated Contracts (Section B.5) The County will conduct a review of Bidder’s terminated contracts and debarment history. Bidders must include contracts terminated within the past three years with a reason for termination in Appendix B (Required Forms), Exhibit 5 (Bidder’s Debarment History and List of Terminated Contracts), which must be provided as part of their Bid. 7.6.5 Required Forms (Section C) Bidders must include the following forms as provided in Appendix B (Required Forms). Bidders must complete, sign, and date all forms, and if not submitted in Section B, submit in Section C. Exhibit 1 IFB Checklist Exhibit 2 Bidder’s Organization Questionnaire/Affidavit Exhibit 3 Certification of Compliance Exhibit 4 Request for Preference Consideration Exhibit 5 Bidder’s Debarment History and List of Terminated Contracts Exhibit 6 Community Business Enterprise (CBE) Information Exhibit 7 Bidder’s Affidavit of Adherence to Minimum Mandatory Requirements Exhibit 8 Bidder’s Pending Litigation and/or Judgments Exhibit 9 List of References Exhibit 10 Pricing Sheets (10-1, 10-2, 10-3, 10-4, and 10-5) Exhibit 11 Certification of Independent Price Determination and Acknowledgement of IFB Restrictions Exhibit 12 Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions (45 C.F.R. Part 76) Exhibit 13 Declaration 7.6.6 Proof of Insurability (Section D) Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 23 Bidders must provide proof of insurability that meets all insurance requirements set forth in Appendix A (Sample Contract), Paragraphs 12 (General Provisions for all Insurance Coverage) and 13 (Insurance Coverage Requirements). If a Bidder does not currently have the required coverage, a letter from a qualified insurance carrier indicating a willingness to provide the required coverage should the Bidder be awarded a contract may be submitted with the Bid. 7.7 Bid Submission 7.7.1 It is the sole responsibility of the submitting Bidder to ensure that its bid is received on or before the submission deadline specified in Paragraph 7.3, IFB Timetable, by e-mail transmission to the person identified in Paragraph 5.2 of this IFB, Contact with County Personnel. 7.7.2 Bidders must submit one copy of the Bid in response to this IFB in the format prescribed herein and clearly marked “Bid Submission for SOLUTIONS FOR EQUITABLE DIABETES PREVENTION AND MANAGEMENT: DSMES COMMUNITY OF PRACTICE AND SUPPORT PROGRAMMING, IFB: #2024-002" in the subject line of the e-mail transmission. 7.7.3 No hard copies delivered in person or facsimile (fax) responses will be accepted. Multiple emails of various file types (e.g., zip, PDF, Excel) will be accepted (Each email attachment file size is limited to 20 MB per email). Submitting Bidder bears all risks associated with delays in delivery. 7.7.4 All Bids must be submitted in the prescribed format and order. Any Bid that deviates from this format may be rejected without review at the Director of Public Health’s sole discretion. 7.7.5 At the Director's sole discretion, late Bids received after the due date may be considered, in the order received, if a determination is made that there is a specific unmet need. 8 SELECTION PROCESS OVERVIEW 8.1 Review Process The lowest price Bid will be reviewed to determine whether it is responsive and responsible. In instances where more than one Bid submitted was the lowest price and most responsive and responsible Bid (“lowest equal bid price”), the County reserves the right to consider an additional selection process in which, the Bidders with the lowest equal Bid price will be offered the opportunity to adjust and resubmit their Pricing Sheet(s) to reflect an adjusted Bid price to the County for further consideration. Public Health will select the lowest cost responsive Bid to be recommended for a contract from the pool of lowest equal Bid price Bidders. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 24 8.2 Adherence to Minimum Requirements The County will review Exhibit 2 (Bidder’s Organization Questionnaire/Affidavit) and Exhibit 7 (Bidder’s Affidavit of Adherence to Minimum Mandatory Requirements) of Appendix B (Required Forms), as submitted by each Bidder, to determine if the Bidder meets the minimum mandatory requirements as outlined in Paragraph 3 of this IFB. Failure of a Bidder to comply with the minimum requirements may eliminate its Bid from any further consideration. The County may elect to waive any informality in a Bid if the sum and substance of the Bid is present. 9 PROTEST PROCESS OVERVIEW 9.1 Solicitation Requirements Review Any person or entity may seek a Solicitation Requirements Review by submitting Appendix C - Transmittal Form to Request a Solicitation Requirements Review (SRR) to Public Health. A request for a SRR may be denied, in the Department's sole discretion, if the request does not satisfy all the following criteria: 9.1.1 The request is made within the time frame identified in the solicitation document (generally within 10 business days of the issuance of the solicitation document); 9.1.2 The request includes documentation (e.g., letterhead, business card, etc.), which identifies the underlying authority of the person or entity to submit a Bid; 9.1.3 The request itemizes in appropriate detail, each matter contested and factual reasons for the requested review; and 9.1.4 The request asserts either that: 9.1.4.1 application of the minimum requirements, evaluation criteria and/or business requirements unfairly disadvantages the person or entity; or 9.1.4.2 due to unclear instructions, the process may result in the County not receiving the best possible responses from Bidder. The SRR will be completed, and Public Health’s determination will be provided to the requesting person or entity, in writing, within a reasonable time prior to the Bid due date. 9.2 Disqualification Review A Bid may be disqualified from consideration because Public Health determined it was a non-responsive Bid at any time during the review/evaluation process. If Public Health determines that a Bid was disqualified due to non-responsiveness, the Department will notify the Bidder in writing. Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 25 Upon receipt of the written determination of non-responsiveness, the Bidder may submit a written request for a Disqualification Review within the timeframe specified in the written determination. A request for a Disqualification Review may, in the Department's sole discretion, be denied if the request does not satisfy all of the following criteria: 9.2.1 The request for a Disqualification Review is submitted timely (i.e., by the date and time specified in the written determination); and 9.2.2 The request for a Disqualification Review asserts that the Department's determination of disqualification due to non-responsiveness was erroneous (e.g. factual errors, etc.) and provides factual support on each ground asserted as well as copies of all documents and other material that support the assertions. The Disqualification Review will be completed, and the determination will be provided to the requesting Bidder, in writing, prior to the conclusion of the evaluation process. 9.3 Proposed Contractor Selection Review (PCSR) Any Bidder that has timely submitted a notice of its intent to request a Proposed Contractor Selection Review (PCSR) as described in this Paragraph may submit a written request for a PCSR, in the manner and timeframe as will be specified by the Department. A request for a PCSR may, Public Health’s sole discretion, be denied if the request does not satisfy all of the following criteria: 9.3.1 The request for a PCSR is submitted timely (i.e., by the date and time specified by the department); 9.3.2 The person or entity requesting a PCSR asserts in appropriate detail with factual reasons one or more of the following grounds for review: 9.3.2.1 Public Health materially failed to follow procedures specified in its solicitation document. This includes: 1) Failure to correctly apply the standards for reviewing the Bid format requirements. 2) Failure to correctly apply the standards, and/or follow the prescribed methods, for evaluating the Bids as specified in the solicitation document. 3) Use of evaluation criteria that were different from the evaluation criteria disclosed in the solicitation document. 9.3.2.2 Public Health made identifiable mathematical or other errors in evaluating Bids, resulting in the Bidder receiving an Solutions for Equitable Diabetes Prevention and Management: DSMES Community of Practice and Support Programming IFB No. 2024-002 February 2024 Page 26 incorrect score and not being selected as the recommended contractor. 9.3.2.3 Another basis for review as provided by State or federal law; and 9.3.3 The request for a PCSR sets forth sufficient detail to demonstrate that, but for Public Health’s alleged failure, the Bidder would have been the lowest cost, responsive and responsible Bid or the highest-scored Bid, as the case may be. Upon completing the PCSR, a Public Health representative will issue a written decision to the Bidder within a reasonable time following receipt of the request for a PCSR, and always before the date the contract award recommendation is to be heard by the Board. The written decision will additionally instruct the Bidder of the manner and timeframe for requesting a County Independent Review (see Paragraph 9.4 below). 9.4 County Independent Review (CIR) Any Bidder that is not satisfied with the results of the PCSR may submit a written request for a County Independent Review (CIR) in the manner and timeframe specified by Public Health in Public Health’s written decision regarding the PCSR. The request for a CIR may, in the County's sole discretion, be denied if the request does not satisfy all of the following criteria: 9.4.1 The request for a CIR is submitted timely (i.e., by the date and time specified by Public Health); and 9.4.2 The person or entity requesting the CIR has limited the request to items raised in the PCSR as listed in Paragraph 9.3 (Proposed Contractor Selection Review) above. Upon completion of the CIR, the County Internal Services Department will forward the report to Public Health, which will provide a copy to the Bidder. Contract No. PH- ____ CONTRACT BY AND BETWEEN COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH AND (CONTRACTOR) FOR DIABETES PREVENTION AND MANAGEMENT SERVICES i Contract No. PH-_____ DEPARTMENT OF PUBLIC HEALTH DIABETES PREVENTION AND MANAGEMENT SERVICES CONTRACT Paragraph TABLE OF CONTENTS Page CONTRACT BODY (CB) Table of Contents 1. APPLICABLE DOCUMENTS: ................................................................................................................. - 2 - 2. DEFINITIONS: .......................................................................................................................................... - 3 - 3. DESCRIPTION OF SERVICES: ............................................................................................................. - 4 - 4. TERM OF CONTRACT: ........................................................................................................................... - 5 - 5. MAXIMUM OBLIGATION OF COUNTY: ............................................................................................... - 5 - 6. INVOICES AND PAYMENT: ................................................................................................................... - 7 - 7. FUNDING/SERVICES ADJUSTMENTS AND REALLOCATIONS: ................................................. - 11 - 8. ALTERATION OF TERMS/AMENDMENTS: ...................................................................................... - 13 - 9. CONFIDENTIALITY: .............................................................................................................................. - 14 - 10. CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR LAYOFFS OR ON A COUNTY RE-EMPLOYMENT LIST: .................................................................................................... - 15 - 11. INDEMNIFICATION: .............................................................................................................................. - 16 - 12. GENERAL PROVISIONS FOR ALL INSURANCE COVERAGES:.................................................. - 16 - 13. INSURANCE COVERAGE REQUIREMENTS: .................................................................................. - 22 - 14. OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHT: ................................................ - 23 - 15. PUBLICITY: ............................................................................................................................................. - 25 - 16. RECORD RETENTION AND AUDITS: ................................................................................................ - 26 - 17. TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST ORDINANCE OR RESTRICTIONS ON LOBBYING: ........................................................................................................ - 34 - 18. A. CONTRACTOR’S CHARITABLE ACTIVITIES COMPLIANCE:.............................................. - 34 - 18. B. CONTRACTOR’S EXCLUSION FROM PARTICIPATION IN A FEDERALLY FUNDED PROGRAM: .................................................................................................................................................... - 35 - 18. C. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS (45 C.F.R. PART 76): .................... - 35 - 18. D. WHISTLEBLOWER PROTECTIONS: ........................................................................................... - 36 - 18. E. LOCAL SMALL BUSINESS ENTERPRISE (LSBE) PREFERENCE PROGRAM: ................. - 37 - 18. F. SOCIAL ENTERPRISE (SE) PREFERENCE PROGRAM: ........................................................ - 39 -