Attachment 4 RFP Terms & Conditions.pdf

Attachment 4

Table of Contents

Section 1 – Background and Scope

1.00 Background

1.01 Purpose

1.02 Current Environment

1.03 Minimum Requirements

1.04 Scope of Work

Section 2 – Administrative Overview

2.00 Issuing Office

2.01 Method of Award

2.02 Schedule of RFP Activities

2.03 Duty to Inquire

2.04 Offeror Responsible for Proposal Language

2.05 Instructions and Restrictions on Communications

2.06 RFP Addenda

2.07 Offer of Gratuities

2.08 Proposal Submittal

2.09 Modification or Withdrawal of Proposal

Section 3 – Procurement Rules and Requirements

3.00 Rules of Procurement

3.01 AOC Not Responsible for Preparation Costs

3.02 Waiver of Minor Irregularities

3.03 Best and Final Offers

3.04 Clarification of Proposals

3.05 Certification Regarding Debarment and Suspension

3.06 Certificate of Authority

3.07 Offeror Response and Public Inspection

3.08 Offerors’ Exception to Specifications

3.09 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Section 4 – Development of the Proposal

4.00 Proposal Submission

4.01 Format of Proposal

4.02 Tax

4.03 Offers to be Firm

4.04 Offeror’s Representations

Section 5 – RFP Evaluation

5.00 Proposal Evaluation

5.01 Responsiveness of Proposal

5.02 Responsibility of the Offeror

5.03 Proposal Scoring Criteria

Section 6 – Interviews

6.00 Use of interviews to Verify/Expand on Proposal

6.01 Right to Reject Based on Interviews

6.02 Interview Evaluation Criteria

Section 7 -- Negotiation

7.00 Negotiation

7.01 Items to be Negotiated

7.02 Best and Final Offers

Section 8 – Ranking of Proposals and Award of Contract

8.00 Method of Award

8.01 Total Points Possible for Award

8.02 Collusive Bids

8.03 Rejection of All Offers

8.04 Agreement Between Parties

8.05 Protest

Section 9 – Standard Terms and Conditions

9.00 Effective Date

9.01 Contract Components and Order of Precedence

9.02 Contract Term and Renewal Option

9.03 Changes and Modifications to the Contract

9.04 Notices

9.05 Equipment/Condition

9.06 Addition or Deletion of Items or Service

9.07 Delivery, Transportation and Packaging

9.08 Inspection

9.09 Penalty for Late Delivery

9.10 Service Performance

9.11 Personnel

9.12 Substitution of Key Personnel

9.13 Permits and Licenses

9.14 Purchasing and Specifications

9.15 Confidentiality of Data

9.16 Advertising

9.17 Insurance

9.18 Invoices for Fees

9.19 Terms for Prompt Payment

9.20 Travel Expenses

9.21 Other Expenses

9.22 Cancellation

9.23 Cancellation for Default

9.24 Termination for Convenience of the AOC

9.25 Termination Notice

9.26 Termination – Contractor Responsibilities

9.27 Funding Out Provision

9.28 Force Majeure

9.29 Assignment

9.30 Indemnification

9.31 Choice of Law and Forum

9.32 Authorized to do Business in Kentucky

9.33 Conflict-of-Interest Laws and Principles

9.34 Access to Records

9.35 Equal Employment Compliance

9.36 Social Security

9.37 Violation of Tax and Employment Laws

REQUEST FOR PROPOSALS

and

INSTRUCTIONS TO OFFERORS

Kentucky Court of Justice

Administrative Office of the Courts

Drug Testing Services for Specialty Court Programs

RFP # 025 2400000491

This document constitutes a Request for Proposals (RFP) from qualified individuals and organizations to furnish drug testing services as described herein and in the attachments hereto for the Kentucky Administrative Office of the Courts (AOC).

A contract based on this RFP may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the AOC.

DEFINITIONS

The term “AOC” means the Administrative Office of the Courts.

The term “KCOJ” means the Kentucky Court of Justice.

The term “solicitation” means Request for Proposals (RFP).

The term “Department of Specialty Courts” means the AOC Department of Specialty Courts, which oversees all Specialty Courts programs statewide.

The term “Specialty Courts program” means the individual, judge led program administered locally to specialty court participants.

The term “CCF” means Chain of Custody Form.

The term “MRO” means Medical Review Officer.

SECTION 1 – BACKGROUND AND SCOPE

1.00 Background

Since the founding of the Commonwealth, the Judicial Branch has been an independent branch of government, separate from the Executive and Legislative branches and from county and city governments. The Judicial Article to the Kentucky Constitution, passed in 1975 and effective in

1976, established Kentucky’s current unified court system. The 1975 Judicial Article created the

Supreme Court of Kentucky and made the Chief Justice of the Commonwealth the administrative head of the state court system, also known as the Kentucky Court of Justice.

The Kentucky Court of Justice (KCOJ) is comprised of two trial courts, Circuit Court and District

Court, and two appellate courts, the Court of Appeals, and the Supreme Court. The

Administrative Office of the Courts (AOC) is the administrative and operational arm of the KCOJ.

The responsibilities of the AOC include administering the judicial branch budget; building and maintaining court facilities; maintaining court statistics; providing technology services for the

KCOJ; providing educational programs for judges, circuit court clerks, and support staff;

providing specialty courts and other statewide programs; and administering personnel policies and payroll. The AOC issues solicitations and enters into contracts to purchase goods and services needed throughout the KCOJ.

1.01 Purpose

The AOC Department of Specialty Courts oversees treatment court programs throughout the

Commonwealth, including drug courts, mental health courts, and veteran’s treatment courts.

Collectively referred to as Specialty Court programs, these programs are similarly structured and supervised and have the same goal — to give eligible participants the opportunity to make positive changes in their lives. The services provided by these programs include oversight by a judge, case management, treatment, and drug testing. Specialty Court programs are provided by the AOC. The AOC contracts and pays for any treatment, drug testing and case management services not otherwise covered by Medicaid and/or grant funds, and no fees are charged to defendants to participate in the program.

The AOC issues this Solicitation with the intent of contracting with one or multiple vendor(s) to provide a drug testing solution for Specialty Court program participants.

1.02 Current Environment

The AOC currently contracts with an outside vendor for collection and lab drug testing services.

The number of collections for 2023 was 198,222. The anticipated number of collections for

2024 is 249,301.

The current vendor employs a regional approach for conducting collections, dividing the 120-county service area into three (3) smaller regions for ease of implementation. The regions are listed below:

REGION 1

KY AOC - Allen County Drug Court

KY AOC - Barren/Metcalfe County Drug Court

KY AOC - Breckinridge County Drug Court

KY AOC - Butler County Drug Court

KY AOC - Caldwell County Drug Court

KY AOC - Calloway County Drug Court

KY AOC - Carlisle/Ballard County Drug Court

KY AOC - Christian County Drug Court

KY AOC - Clinton County Drug Court

KY AOC - Crittenden County Drug Court

KY AOC - Cumberland County Drug Court

KY AOC - Daviess County Drug Court

KY AOC - Edmonson County Drug Court

KY AOC - Fulton/Hickman County Drug Court

KY AOC - Graves County Drug Court

KY AOC - Grayson County Drug Court

KY AOC - Henderson County Drug Court

KY AOC - Hopkins County Drug Court

KY AOC - Larue County Drug Court

KY AOC - Logan County Drug Court

KY AOC - Lyon County Drug Court

KY AOC - Marshall County Drug Court

KY AOC - McCracken Drug Court

KY AOC - Meade County Drug Court

KY AOC - Monroe County Drug Court

KY AOC - Muhlenberg/McLean County Drug Court

KY AOC - Ohio County Drug Court

KY AOC - Simpson County Drug Court

KY AOC - Todd County Drug Court

KY AOC - Trigg County Drug Court

KY AOC - Union County Drug Court

KY AOC - Warren County Drug Court

KY AOC - Webster County Drug Court

REGION 2

KY AOC - Adair County Drug Court

KY AOC - Anderson County Drug Court

KY AOC - Bourbon County Drug Court

KY AOC - Boyle County Drug Court

KY AOC - Bullitt County Drug Court

KY AOC - Casey County Drug Court

KY AOC - Clark County

KY AOC - Fayette County Drug Court

KY AOC - Fleming County Drug Court

KY AOC - Franklin County Drug Court

KY AOC - Garrard County Drug Court

KY AOC - Hardin County Drug Court

KY AOC - Harrison County Drug Court

KY AOC - Jefferson County Drug Court

KY AOC - Jessamine County Drug Court

KY AOC - Knox County Drug Court

KY AOC - Laurel County Drug Court

KY AOC - Lincoln County Drug Court

KY AOC - Marion/Washington County Drug Court

KY AOC - McCreary County Drug Court

KY AOC - Mercer County Drug Court

KY AOC - Nelson County Drug Court

KY AOC - Nicholas County Drug Court

KY AOC - Oldham/Trimble County Drug Court

KY AOC - Pendleton County Drug Court

KY AOC - Pulaski County Drug Court

KY AOC - Robertson County Drug Court

KY AOC - Rockcastle County Drug Court

KY AOC - Russell County Drug Court

KY AOC - Scott County Drug Court

KY AOC - Shelby/Spencer County Drug Court

KY AOC - Taylor/Green County Drug Court

KY AOC - Wayne County Drug Court

KY AOC - Whitley County Drug Court

KY AOC - Woodford County Drug Court

REGION 3

KY AOC - Bath County Drug Court

KY AOC - Bell County Drug Court

KY AOC - Boone/Campbell/Kenton County Drug Courts

KY AOC - Boyd County Drug Court

KY AOC - Bracken County Drug Court

KY AOC - Breathitt County Drug Court

KY AOC - Carroll County Drug Court

KY AOC - Carter County

KY AOC - Clay County Drug Court

KY AOC - Estill County Drug Court

KY AOC - Floyd County Drug Court

KY AOC - Gallatin County Drug Court

KY AOC - Grant County Drug Court

KY AOC - Greenup County Drug Court

KY AOC - Harlan County Drug Court

KY AOC - Jackson County Drug Court

KY AOC - Johnson County Drug Court

KY AOC - Knott County Drug Court

KY AOC - Lawrence County Drug Court

KY AOC - Lee/Owsley County Drug Court

KY AOC - Leslie County Drug Court

KY AOC - Letcher County Drug Court

KY AOC - Lewis County Drug Court

KY AOC - Madison County Drug Court

KY AOC - Magoffin County Drug Court

KY AOC - Martin County Drug Court

KY AOC - Mason County Drug Court

KY AOC - Montgomery County Drug Court

KY AOC - Morgan County Drug Court

KY AOC - Owen County Drug Court

KY AOC - Perry County Drug Court

KY AOC - Pike County Drug Court

KY AOC - Powell County Drug Court

KY AOC - Rowan County Drug Court

KY AOC - Wolfe County Drug Court

In a majority of programs, collection of urine and oral fluid specimens is conducted within judicial centers or Specialty Court program offices; however, due to the volume of participants in need of services, the current vendor has obtained standalone collection locations in Fayette, Jefferson, and Hardin counties. There are some programs where an indoor collection location on weekend and/or holiday test dates may be unavailable. In these circumstances, testing either is not scheduled or is conducted via oral fluid testing in a designated location outside of the normal collection site.

The current vendor offers both immunoassay screening and confirmation testing of drug testing specimens. The current screening panels and associated cut-off levels for both immunoassay and confirmation screenings are included herein as Attachment 1. Offerors should familiarize themselves with the format and be prepared to submit a similar listing of the available substances and cut-off thresholds provided by the offeror.

The AOC is currently under contract with CaseWorx for the development and implementation of a statewide case management system for Specialty Court programs. The case management system is anticipated to be live across the Commonwealth by December of 2024.

This request for proposals relates to the provision of drug testing collection and testing services for Specialty Court program participants from all 120 counties in the Commonwealth of Kentucky.

A regional approach to providing drug testing services is preferred. The offeror will develop an implementation plan and include the plan in its proposal.

1.03 Minimum Requirements

A. The offeror must be a Substance Abuse and Mental Health Services Administration

(SAMHSA) and/or Clinical Laboratory Improvement Amendments (CLIA) certified laboratory or contract with a SAMHSA and/or CLIA certified laboratory to provide testing services.

B. The offeror’s certified laboratory must employ a full-time American Board of Forensic

Toxicology certified Toxicologist.

C. The offeror must employ or contract a licensed physician to act as a Medical Review Officer.

D. The offeror must have previously implemented urine collection and testing services for a court program on a statewide basis or in a similarly sized jurisdiction.

1.04 Scope of Work

The selected offeror is responsible for implementing a state-wide drug test collection and testing program on or before January 31, 2025 and thereafter providing the following goods and services to Specialty Court programs throughout the contract period:

A. Notification System and Randomized Testing Schedule

1. The selected offeror must provide a statewide toll-free call-in system. Participants must be able to call this number daily to find out whether they have been randomly selected for drug testing. The call-in system must be made available seven days per week and must be able to accommodate at least 5,000 calls daily from various locations throughout the state. These services are expected to be complete and functional by the effective date of the contract.

2. The selected offeror must provide an automated random selection mechanism to ensure the random and unpredictable nature of the drug testing schedule. The selected offeror’s call-in system must have the ability to select and electronically submit a listing of selected participants for each dedicated Specialty Court program to the AOC

Department of Specialty Courts’ case management system. The random selection mechanism must have the capability to download a random pool listing from each of the Specialty Court programs monthly, weekly, or at the discretion of the AOC

Department of Specialty Courts. Collection timeframes will vary for each Specialty Court program. The selected offeror’s system must be able to accommodate all Specialty

Court programs separately and discreetly.

3. The selected offeror must provide a minimum of two specimen collections per Specialty

Court program per week. Collections dates for each Specialty Court program must be randomized. Participants may be required to test up to three times per week in the discretion of the Specialty Court judge. Specialty Court program staff will review the monthly schedule to ensure no apparent scheduling conflicts exists and may request alterations to the schedule or request additional testing dates to meet program needs.

4. The selected offeror must use a text messaging service to notify Specialty Court program participants they are required to test on the morning of their scheduled collection.

B. Specimen Collections

1. The selected offeror must perform on-site collection of urine and other drug testing specimens. Collections will be conducted in a location designated and approved by the

AOC Department of Specialty Courts. The AOC Department of Specialty Courts will address space concerns with the selected offeror prior to contract execution. Though not required, offeror’s ability to provide testing locations will be considered when evaluating proposals.

2. Each Specialty Court program operates independently of all other programs and courts.

Each Specialty Court program will require specimen collections to occur a minimum of two days per week. Due to the number of Specialty Court programs in each county, varying caseload sizes among programs, and the expectation of random and unpredictable drug testing schedules, the selected offeror may be required to be present for collection for up to five days per week in each county. A sample collection schedule is attached as Attachment 2.

3. At least one Specialty Court program is located in each of the 120 counties across the

Commonwealth of Kentucky. As additional Specialty Court programs open across the state, the selected offeror must be able to meet the demand and begin testing in new programs within 30 days of notification from the AOC.

4. The selected offeror must provide both male and female collection technicians to perform directly observed urine collections at each specified Specialty Court program site. Unless it is determined that trauma-informed care is needed, only same sex collections are permitted. Directly observed collection by same sex collectors is required. Collections that are not directly observed will not be accepted. In the event both male and female collection staff cannot be provided on a collection date, the selected offeror must notify the AOC Department of Specialty Courts in writing at least

24 hours prior to the scheduled collection and schedule a make-up date within seven days. If it is determined that trauma-informed care is needed, Contractor must provide collection technicians and collection services that align with trauma-informed best practices and standards.

5. In the event a collection technician does not report to work on a scheduled collection date and a replacement technician cannot be provided during the testing window, it is the responsibility of the selected offeror to immediately notify the AOC Department of

Specialty Courts. If a collection technician fails to appear during a collection window three or more times during a month, a 5% penalty on the total invoice amount will be imposed.

6. During collections, each collection technician must wear attire appropriate for the position (e.g. scrubs; lab coat; etc.) and have displayed on his/her person an identification tag. This tag will include the employee’s name or ID number and the selected offeror’s name and telephone number.

7. The selected offeror will ensure collection technicians are trained in proper collection procedures. Documentation detailing all collection procedures must be posted at the collection site and be made available upon request.

8. Removal/disposal of urine and other waste generated during the collection process is the responsibility of the selected offeror.

9. The selected offeror must not charge for attempted collections resulting in no collection of specimen(s).

C. Testing Requirements

1. Laboratory Certification

a. The selected offeror must be a Substance Abuse and Mental Health Services

Administration (SAMHSA) and/or Clinical Laboratory Improvement Amendments

(CLIA) certified laboratory or contract with a SAMHSA and/or CLIA certified laboratory to provide testing services.

b. The selected offeror’s certified laboratory must employ a full-time American Board of Forensic Toxicology certified Toxicologist.

c. All immunoassay drug screens and confirmation testing must be performed by the same SAMHSA and/or CLIA certified laboratory operated by or contracted with the selected offeror.

2. Testing Frequency

Each Specialty Court program will require specimen collections to occur a minimum of two (2) days per week. Each Specialty Court program participant will be required to up to three times per week, with all participants testing an average frequency of two instances per week. Due to varying caseload sizes among programs and the expectation of random and unpredictable drug testing schedules, the selected offeror may be required to be present for collection up to five (5) days per week in each location.

3. Results Reporting

a. All test results must be made available to the Specialty Court program via e-mail, web access, database, or other transmission means as identified and approved by the AOC Department of Specialty Courts.

b. The selected offeror must report test results as follows (all time periods are averages and do not include weekends and holidays):

i. Report all negative immunoassay results by the next business day following specimen collection.

ii. Report all laboratory confirmation results within forty-eight hours of specimen collection, per All Rise Best Practice Standards.

4. Specimen Collection and Shipping Supplies

a. The selected offeror must provide all necessary supplies for the collection of urine specimens within the cost of the submitted bid.

b. Supplies include but are not limited to:

i. Sterile containers with a capacity of at least 90 ml and matching container lids

ii. Chain of custody forms

iii. Temperature strips

iv. Gloves

v. Shipping materials, including shipping bags and labels.

c. The selected offeror must furnish postage for overnight delivery, transportation, and supplies including labels, mailing containers, chain of custody forms, etc.

d. The selected offeror must ensure supplies are appropriately stocked to conduct routine collections.

e. The selected offeror must provide specimen collection and shipping supplies upon request to Specialty Court programs for random specimen collections conducted by

AOC staff.

5. Chain of Custody

a. The selected offeror must provide a chain of custody form (CCF) that accounts for every individual handling a specimen from the time of specimen collection through disposal of the specimen following testing. This documentation must accompany all test results reported to a Specialty Court program.

b. The CCF may, from time to time, be updated to meet the requirements established by the AOC Department of Specialty Courts. The documentation must include, at a minimum:

i. Name (both legibly printed and with signature) of person receiving specimen

ii. Certification that specimen was received in the laboratory from the courier intact, with seals unbroken.

iii. Each person who handles the specimen must record their name (both legibly printed and with signature), time received, time released, reason for handling, and the results of the test.

c. The CCF must also incorporate lines for information that will be gathered at the collection site, such as name of the collection technician and donor (both legibly printed and with signature), date and time specimen was given/collected, and certification that the specimen was sealed in the presence of the donor.

d. An offeror may propose an electronic CCF (eCCF) process; however, the offeror is responsible for providing a detailed overview of their eCCF processes and demonstrating the eCCF is forensically defensible and follows evidentiary standards.

6. Immunoassay Screen Testing

a. The selected offeror(s) must test for the full range of substances that are commonly abused by persons with substance use disorders. At a minimum, the selected offeror will conduct urine specimen collections and standard immunoassay urine testing and laboratory confirmation via liquid chromatography–mass spectrometry (LC-MS/MS) and/or gas chromatography mass spectrometry (GC-MS/MS).

b. The selected offeror must also provide the option for customizable test panels at the discretion of the AOC Department of Specialty Courts.

c. The selected offeror must provide a listing of substances available for immunoassay urine screening and the cut-offs for each substance.

7. Confirmation Testing

The selected offeror must provide LC-MS/MS and/or GC-MS/MS urine testing.

a. Confirmation testing will be provided separately from immunoassay testing, upon request by Specialty Court program staff.

b. Confirmation must occur at a SAMHSA and/or CLIA certified laboratory either owned by or under contract with the selected offeror.

c. All positive specimens must be retained for a period of no less than twelve (12) months.

d. The selected offeror must provide a listing of substances available for confirmation testing and the cut-offs for each substance.

8. Rapid Testing

Offerors capable of providing rapid testing are encouraged to include the assays/analytes available for such testing, as well as the specimens available for such testing on the cost proposal form attached hereto as Attachment 3.

9. The selected offeror must provide testing of alternate specimen types (e.g. breath, sweat, oral fluid, etc.) upon request of the AOC Department of Specialty Courts.

D. Database and Data Exchange

1. Upon execution of the contract, the selected offeror must have in place working data structures and processes to support the exchange of information with the Specialty

Court programs and designees. The selected offeror must provide the following information via data exchange:

a. Participant information including:

i. First and last name

ii. Date of specimen collection

iii. Account

iv. Location ID

v. Client ID

vi. Test type

vii. Specimen type

viii. Specimen ID

b. Test event information, including

i. Date/time of immunoassay screen

ii. Date/time of confirmation test

iii. Testing officer

iv. Testing reason

v. Testing kit type

vi. Drug class & Analytes

vii. Cut-off levels

viii. Test kit ID number

ix. Chain of custody ID

c. This information must be transmitted to the Specialty Courts program handling the case or designee. The AOC Department of Specialty Courts reserves the right to require additional information to be captured and exchanged.

2. The selected offeror must provide a flat file of urine drug screen laboratory analysis results to the Specialty Court program or designee on a regular basis via FTP. The AOC

Department of Specialty Courts will provide required data fields. Statistical Reports must include at a minimum:

a. Drug test results by participant

b. Consolidated drug test results of individuals by state, jurisdiction, and/or by individual Specialty Court program

c. Positive rates for any drug

d. Positive rates per drug type

e. Positive rates for any drug by reason of test (random, court ordered or cause)

f. Cancelled tests by reason of cancellation

g. Percentage of tests, per drug type, where lab result does not correspond with rapid test result

h. Counts of each type of drug test performed

i. Counts of each type of drug test performed by individual Specialty Court programs

j. Percentages of scheduled tests completed within a given timeframe

3. The selected offeror’s data must be based on enterprise level systems and software using ORACLE or SQL server, capable of supporting the total aggregate number of

Specialty Court program participants and capable of supporting the needs of the AOC

Department of Specialty Courts and local Specialty Court programs. The selected offeror’s data system must be capable of exchanging data with other data management systems, using commonly acceptable formats and methods, including at a minimum, ftp transfer of structured flat files.

4. The selected offeror must provide a physical collection log sheet as a record of all scheduled specimen collections. The physical log sheet must be completed at every collection event and must include the following information:

a. Date

b. Time

c. Collection technician(s)

d. Testing reason

e. Participant name(s) and/or ID

f. Participant signature or initial

g. Chain of custody ID

5. The selected offeror must transmit a copy of the collection log sheets to each Specialty

Court program via fax or scan/e-mail following each collection event. The selected offeror must maintain an archive of physical collection log sheets, which it will make available to the AOC Department of Specialty Courts upon request within seven business days.

E. Medical Review Officer

1. The selected offeror must provide access to a Medical Review Officer (MRO) to assist with results interpretation.

2. The MRO must be a licensed physician that is responsible for reviewing laboratory results from drug tests. The MRO must also provide interpretation of results and respond to program inquiries, including whether specific drug test results could be related to medical conditions or medication cross-reactivity.

3. The selected offeror must provide a response to any question directed to the MRO within 12 hours.

F. Personnel and Training

1. Collection technicians must be employees of the selected offeror. The AOC will have no responsibility for insurance or compensation for these workers.

2. In the event a collection technician leaves the selected offeror’s employment, a replacement technician of the same sex must be made available immediately for all testing, and a permanent replacement collector of the same sex must be hired within thirty (30) days.

3. The selected offeror must provide the AOC Department of Specialty Courts with a copy of its personnel training manual. The selected offeror is also required to keep an updated copy of this manual at all test locations (electronic version is acceptable). The manual must include specific protocols for training subjects as required by the AOC

Department of Specialty Courts, including detailed specimen collection and chain of custody protocol.

4. At a minimum, the selected offeror must provide their staff with adequate training on the following topics:

a. Approved collection and specimen handling/chain of custody protocol

b. Appropriate professional boundaries;

c. Trauma-informed practices;

d. Overdose reversal

5. Training will be provided to new hires within thirty (30) days of hire and annually to all staff engaged in direct services with Specialty Court program participants.

6. The selected offeror must provide the AOC Department of Specialty Courts with the opportunity to conduct an AOC pre-employment background check for all candidates proposed to interact with Specialty Court program participants. The AOC Department of

Specialty Courts will notify the selected offeror of any local program concerns relating to a candidate for hire upon completion of a background check. Concerns may include:

a. Identified conflicts of interest;

b. Criminal history;

c. Other considerations that result in a candidate being inappropriate to work with individuals enrolled in Specialty Court programs.

G. Miscellaneous

1. The selected offeror must provide training to AOC-identified program personnel, team members, and/or judges upon request. Training topics may include, but shall not be limited to basic laboratory procedures, specimen collection, proper referral and chain of custody procedure, and interpretation of results.

2. The selected offeror may not use Specialty Court program offices to collect specimen from non-KCOJ populations.

3. Due to the confidential nature of participating in a Specialty Court program, the selected offeror must provide an environment conducive to maintaining the privacy and confidentiality of Specialty Court program participants. If other populations are tested at location provided by a selected offeror, processes must be in place to prevent identification of any individual’s participation in a Specialty Court program.

4. The selected offeror must notify the Specialty Court program and the AOC Department of Specialty Courts in writing immediately upon discovery of any laboratory immunoassay or confirmation results that have been inaccurately reported.

END OF SECTION 1

SECTION 2 – ADMINISTRATIVE OVERVIEW

2.00 Issuing Office

The AOC Department of Financial Services, Division of Procurement is the only entity authorized to change, modify, amend, alter or clarify the specifications and the terms and conditions of this RFP.

2.01 Method of Award

Award shall be issued on the highest-ranking proposal by a responsive, responsible offeror.

2.02 Schedule of RFP Activities

Release of RFP June 7, 2024

Written Questions Due July 24, 2024

Anticipated AOC Response to Written Questions July 25, 2024

Proposals Due August 2, 2024

Offerors Notified of Interview Selection – Anticipated August 23, 2024

Interviews - Anticipated September 3-6, 2024

Offerors Notified of Selection – Anticipated September 11, 2024

Contract Execution – Anticipated October 1, 2024

All proposals must be electronically received in the Department of Financial Services, Division of Procurement no later than the due date and time defined in this solicitation.

NOTE: ALL TIME REFERENCES ARE EASTERN TIME ZONE.

2.03 Duty to Inquire

The offeror, by submitting a proposal, represents that it has read and understands the RFP and that its proposal is made in compliance with the RFP. Offerors should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the RFP. Failure to do so will be at the offeror’s risk. The Offeror assumes responsibility for any patent ambiguity in the RFP that the offeror does not bring to the AOC’s attention.

2.04 Offeror Responsible for Proposal Language

All proposals submitted shall be deemed to have been made with the full knowledge of all of the terms, conditions, provisions, specifications, and requirements contained in the RFP and any addenda thereto.

Each offeror has the responsibility of delivering its proposal by the time and at the place prescribed in the RFP. Proposals received prior to the date and time proposals are due will remain unopened until the due date and timed specified in the RFP. Any proposal received after the date and time specified in the RFP may be rejected and returned unopened to the offeror.

The AOC shall not have any liability to an offeror due to the failure of its proposal to be properly addressed or marked or the premature opening of its proposal due to the improper address.

Neither the proposals nor their contents will be made available for public information or inspection until selection of an offeror has been made and award is final.

2.05 Instructions and Restrictions on Communications

The office listed below shall be the sole point of contact throughout the procurement process:

Administrative Office of the Courts

Department of Financial Services, Division of Procurement

1001 Vandalay Drive

Frankfort, KY 40601

Solicitation@kycourts.net

All communication attempts by the offeror, questions or requests for explanation concerning the meaning or interpretation of the RFP instructions, specifications, etc., shall be submitted in writing via email to solicitation@kycourts.net on or before July 23, 2024.

The AOC will respond to salient questions in writing by issuing an amendment to the RFP. No addenda of a material nature shall be issued later than seven (7) calendar days prior to the date for receipt of proposals, except for addenda postponing the date for receipt of proposals or withdrawing the RFP.

The offerors should clearly understand that any verbal representation made or assumed to be made during any verbal discussions held between the offeror’s representatives and any KCOJ employee or official is not binding on the AOC. All communications concerning this procurement shall be addressed to the below email:

solicitation@kycourts.net

All questions and inquiries must be submitted electronically to Solicitation@kycourts.net. No phone calls will be accepted nor voicemails returned.

From the Release of RFP date until the Offerors Notified of Selection date, the offerors are not allowed to communicate with any KCOJ employees or officials concerning the RFP except for the AOC Department of Financial Services, Division of Procurement. The AOC reserves the right to reject the proposal of any Offeror who violates this provision.

mailto:Solicitation@kycourts.net mailto:solicitation@kycourts.net mailto:Solicitation@kycourts.net

2.06 RFP Addenda

The RFP may be supplemented or amended at any time by appropriate addenda that will be posted to the eProcurement website. Addenda may also be necessary after the proposal due date and if so, will be sent to all offerors who have submitted a proposal. It shall be the offeror’s responsibility to verify receipt of all addenda prior to submittal of a proposal by viewing at https://eProcurement.ky.gov.

2.07 Offer of Gratuities

The submission of a proposal shall constitute the offeror’s certification that no elected or appointed official or employee of the KCOJ or the AOC has or will benefit financially or materially from this procurement.

2.08 Proposal Submittal

Proposals Due: August 1, 2024 at 3:30 pm.

Offerors must submit the proposal electronically to the following email address:

Solicitation@kycourts.net

The Subject Line shall contain the following information:

Sealed Request for Proposal No: RFP # 025 2400000491

Offerors must not include the completed Cost Proposal Form in their Proposal. Offerors must an electronic response to this solicitation, attaching both their Proposal and their completed

Cost Proposal Form as separate documents, to solicitation@kycourts.net no later than August

1, 2024, 3:30 PM. Only proposals submitted electronically will be accepted. The AOC reserves the right to reject the proposal of any offeror who does not abide by this provision.

The proposal must be received no later than the Proposals Due date and time. All proposals are time stamped showing the hour and date officially received. A proposal received after the

Proposals Due date and time is a “late proposal” and must not be considered for award, unless all of the following apply:

1. The need of the AOC is determined to preclude the re-solicitation of offers;

2. No offers are received other than the late proposal and it is postmarked before the date specified in the RFP or it has been logged into the courier’s tracking system before the Proposals Due date and time; and

3. The proposal is evaluated and found to serve the best interest of the KCOJ.

The offeror assumes full responsibility for timely delivery of the proposal in compliance with the above-described procedures and conditions. Proposals transmitted by facsimile will not be considered.

mailto:Solicitation@kycourts.net

2.09 Modification or Withdrawal of Proposal

A proposal may be modified or withdrawn by electronic or written notice received prior to the Proposals Due date and time. A proposal may also be withdrawn in person by an offeror or authorized representative, if the representative’s identity is made known and the representative signs a receipt for the proposal, but only if the withdrawal is made prior to the Proposals Due date and time. Withdrawal of a proposal after the Proposals Due date and time will only be permitted if clear and convincing evidence indicates that an offeror has made a bona fide error in the preparation of a proposal and the error will result in substantial loss to the offeror. Proof must be submitted to substantiate error and loss to the reasonable satisfaction of the Division of Procurement.

END OF SECTION 2

SECTION 3 – PROCUREMENT RULES AND REQUIREMENTS

3.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

3.01 AOC Not Responsible for Preparation Costs

The AOC will not pay any cost associated with the preparation, submittal, presentation or evaluation of any proposal.

3.02 Waiver of Minor Irregularities

The AOC reserves the right to reject any offers and to waive informalities and minor irregularities in offers received.

3.03 Best and Final Offers

The AOC reserves the right to request a Best and Final Offer (BAFO) for proposals. Offerors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any offeror will be allowed an opportunity to submit a BAFO.

3.04 Clarification of Proposals

The AOC reserves the right to request additional information as may be reasonably required for selection and to reject any proposals for failure to provide additional information in a timely manner.

The AOC reserves the right to conduct discussions with any offeror who has submitted a proposal to determine the offeror’s qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.

Any explanation or questions desired by an offeror regarding the meaning or interpretation of the RFP shall be submitted in writing to solicitation@kycourts.net to not less than nine calendar days prior to the Proposals Due date.

Verbal explanations, representations, or instructions shall not be binding on the AOC. Any information given to an offeror concerning the RFP shall be furnished to all offerors by being posted at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService.

All questions and inquiries must be submitted electronically to solicitation@kycourts.net. No phone calls will be accepted, nor voicemails returned.

3.05 Certification Regarding Debarment and Suspension

The offeror shall certify, by signing the proposal, that to the best of its knowledge and belief, the offeror nor its subcontractors nor either of their principals are presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any

State or Federal agency.

“Principals”, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions).

3.06 Certificate of Authority

A domestic corporation submitting a proposal must be in good standing in accordance with the requirements of the Kentucky Secretary of State.

In comity with KRS 45A.480(1)(b), the AOC will not award a contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority or a statement of foreign qualification to transact business in the Commonwealth (“certificate of authority” and

“statement of foreign qualification” respectively) from the Secretary of State under KRS 14A.9-

030 unless the person produces the certificate of authority or statement of foreign qualification within 14 days of the date proposals are due. Foreign entities should submit a copy of their certificate of authority or statement of foreign qualification with their proposal or as soon as possible thereafter, but in no case later than 14 days after the date proposals are due. If the foreign entity is not required to obtain a certificate of authority or statement of foreign qualification as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its proposal.

“Foreign entity” is defined within KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority or statement of foreign qualification, if a copy of the certificate of authority or statement of foreign qualification is not received by the AOC within the time frame identified above, the foreign entity’s proposal shall be deemed non-responsive or the awarded contract shall be deemed void and cancelled.

Businesses can register with the Kentucky Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx.

3.07 Offeror Response and Public Inspection

The RFP specifies the format, required information, and general content of proposals to be submitted. The AOC shall not disclose any portions of the proposals to anyone outside of the

KCOJ, except representatives of the Federal government, if required, and the members of the evaluation committee, prior to contract award.

Pursuant to the Open Records Policy of the AOC, AP Part XVII, documents received by the AOC will be open to public inspection and copying unless the material is exempt from disclosure. All portions of the proposals are open pursuant to the Open Records Policy of the AOC after a contract is awarded unless they are designated as proprietary by the Offeror. In order to designate information as proprietary, the offeror must clearly designate specific information within the proposal as “proprietary.” If an offeror claims that information within the proposal is proprietary, then it must also indicate the basis for such designation (e.g., trade secret). The Offeror shall not mark an entire proposal as proprietary or provide a legend or statement on one page stating that all, or substantially all, of the proposal is proprietary.

The offeror agrees to indemnify and defend the AOC against all liability, claims, damages, losses, expenses, actions, attorney fees, and suits whatsoever for honoring the offeror’s designation or for the offeror’s failure to designate a portion of the proposal as proprietary. The offeror’s failure to designate as proprietary any portions of its proposal disclosed by the AOC shall constitute a complete waiver of any and all claims for damages caused by the disclosure.

After a contract is awarded in whole or in part, the AOC shall have the right to duplicate, use, or publicly disclose all proposal data submitted by the Offerors in response to the RFP that is not designated by the offerors as proprietary.

The AOC shall have the right to use all proposed solution ideas, or adaptations of those ideas, contained in any proposal received in response to the RFP. Selection or rejection of the proposal will not affect this right.

3.08 Offerors’ Exception to Specifications

If an offeror takes exception to any part of the specifications as set forth in the RFP, the offeror must note and explain the exception in the Transmittal Letter included in its proposal. If no exceptions are noted or set forth, the AOC is assured that the offeror guarantees to furnish and deliver the goods and services as specified, at the price proposed. Unless a request for their return is made within 30 days of award of contract, all samples, if applicable, shall become the property of the AOC.

3.09 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Prices quoted or negotiated in response to the RFP shall remain firm for the initial period of the resulting contract and any incremental increase is capped at two percent per year. After the initial period of the contract, prices are subject to revision, which may be either an increase or decrease. Such revisions may be requested by either of the contracting parties and must be requested in writing. The party to whom the request is presented must notify the requesting party of its decision within 30 days after receipt of the request or satisfactory supporting documentation whichever occurs later. In the event the requested revision is refused, the requesting party shall have the right to decline to extend the contract for additional periods.

END OF SECTION 3

SECTION 4 – DEVELOPMENT OF THE PROPOSAL

4.00 Proposal Submission

The offeror must include an electronic copy of its proposal, including Tabs 1-6, and an electronic copy of the completed Cost Proposal Form, Tab 8, as a separate attachment emailed to solicitation@kycourts.net. The Cost Proposal Form must be a separate attachment to the email submitting the response and must not be included in the proposal document.

Each qualified offeror shall submit only one response to the solicitation. Responses submitted jointly by more than one offeror shall not be considered. All submitted proposals shall remain valid for a minimum of six months after the proposal due date.

In the event of any conflict or variation between the solicitation, any addenda to the solicitation issued by the AOC, and the offeror’s proposal, the terms of any addenda shall prevail, followed by the terms of the solicitation, and lastly, the proposal.

Offerors must not include the completed Cost Proposal Form as a part of their proposal document. Offerors must attach a copy of the completed Cost Proposal Form as a separate attachment to their email to solicitation@kycourts.net no later than August 1, 2024, 3:30 PM.

Only proposals submitted electronically will be accepted. The AOC reserves the right to reject the proposal response of any offeror who does not abide by this provision.

All portions of the response must be received no later than 3:30 pm on August 1, 2024. Failure to timely remit one or more portions of the response may result in its rejection.

4.01 Format of Proposal

The proposal must be arranged and labeled with tabs or labeled pages separating the information provided in the manner set forth below. Failure to arrange and label the submittal in this manner may result in rejection of the proposal. Offerors shall set forth full, accurate, and complete information as required by the RFP.

Proposals that contain an offeror’s own special terms and conditions in conflict with the terms of the RFP or any applicable Kentucky law may be rejected.

TAB 1 - TRANSMITTAL LETTER

Provide a Transmittal Letter on offeror’s letterhead and signed by an agent authorized to bind the offeror. If the Transmittal Letter is not signed, the proposal may be deemed non-responsive.

The Transmittal Letter must include the following:

1. The name, address, telephone number, fax number and email address and website address, if available, of the contact person to serve as a point of contact during the procurement process;

2. A statement affirming that the offeror is properly authorized under the laws of the

Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this RFP;

3. If applicable, the foreign entity’s organization number issued by the Kentucky

Secretary of State in a certificate of authority or a statement of foreign qualification;

4. A statement certifying that to the best of its knowledge and belief, neither the offeror nor its subcontractors nor any of their principals are presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency;

5. A statement certifying that the prices in the Cost Proposal Form were arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other offeror or with any competitor;

6. A statement that the contents of this proposal have not been communicated by the offeror or its employees or agents to any person not an employee or agent of the offeror, and will not be communicated to any such person prior to the proposal opening;

7. A statement that the offeror is legally eligible to enter into a contract with the AOC and the award of a contract shall not create any conflict of interest;

8. A statement that, if awarded a contract as a result of this Solicitation, the offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by the Kentucky AOC;

9. If applicable, a statement describing any proprietary information included in the proposal as required by Section 3.07.