BRFP2603-RFP1461_Modification and Exception Department Response Form_FINAL.doc
DOC document 46 KB Posted
- Attached to
- Idaho Tobacco Project Support and Enforcement
- Solicitation number
- 1461
- Issued by
- Ada County, Idaho
About this file
This is a Department Response document to a Modification and Exception Form submitted by the apparent successful offeror for the Idaho Tobacco Project Support and Enforcement request for proposals issued by the Idaho Department of Health and Welfare. The document addresses nine proposed modifications and exceptions to the original RFP requirements across various operational aspects of the Idaho Tobacco Project, including inspector identification procedures, non-violation form submission schedules, inspection selection and routing methodologies, consent documentation for adult participants, supervision terminology distinctions, electronic delivery options, local agency data entry timelines, inspector qualifications verification, and passing-inspection notice coordination. The Department has reviewed each proposed modification against materiality standards and approved all nine requests, with several approvals conditioned upon the Department's clarification of specific requirements or coordination procedures. Notably, the modifications preserve core compliance objectives while providing operational flexibility in documentation, delivery methods, timing, and personnel management without compromising the federal Synar Amendment requirements or inspection coverage mandates.
The document reflects the Department's acceptance of practical implementation alternatives that maintain program integrity while addressing administrative efficiency and workforce management concerns. Key approvals include replacing inspector names with unique ID numbers while retaining names for appeals, consolidating non-violation form submissions into monthly batches rather than rolling submissions, permitting electronic delivery of permits and educational materials with recipient agreement, extending data entry deadlines to three business days after receiving complete documentation from local agencies, and clarifying supervisor roles to distinguish between minor inspectors (under 18) requiring direct adult supervision and young adult inspectors (18-20) requiring only observation. These modifications represent negotiated adjustments between the State and contractor that were determined to be non-material alterations to the RFP requirements, demonstrating the Department's willingness to accommodate contractor proposals that do not substantively compromise program objectives or federal compliance obligations.
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Other files
| File | Type | Posted |
|---|---|---|
| BRFP2603-RFP1461_Response to Questions Template_ FINAL.docx | DOCX document | |
| BRFP2603 Specs.doc | DOC document | |
| BRFP2603 Specs_AMD 1_FINAL.doc | DOC document |
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ATTACHMENT 2 -- MODIFICATION AND EXCEPTION FORM TC "ATTACHMENT 2 -- MODIFICATION AND EXCEPTION FORM" \f C \l "1"
DEPARTMENT RESPONSE
BRFP2603/IPRO RFP1461
Idaho Tobacco Project Support and Enforcement The determination of materiality will be made at the State’s sole discretion. Non-material modifications or exceptions may be negotiated with the apparent successful Offeror, at the discretion of the State, and as otherwise provided in RFP Section 2.3.4.
Note to Offeror: If the modification request was submitted during the Question period and a response of non-agreement was provided by the Department, do not submit again on this form.
| RFP Section |
| RFP Requirement, Term, or Condition |
| Reason Requirement, Term, or Condition Should be Considered Non-Material |
| Proposed Modification, Alternative, or Exception |
| DEPARTMENT RESPONSE |
Inspector identifiers Appendix B, Monthly Inspection Report
p. 27
| Report must include “name of inspectors assigned,” inspector type, retailer information and outcome. |
| Preserves identification of each assigned inspector, their role and inspection outcome. Names remain available when required for an appeal or administrative review. Provides traceable inspection reporting while protecting inspector identities during routine distribution. Consistent with the established use of inspector IDs on inspection documentation. |
Replace “name of inspectors assigned” with “unique inspector ID number for each assigned adult and minor/young adult inspector.” Retain the other required report fields. Provide inspector names when required by the Department for an appeal or administrative review.
The Department accepts this request
Monthly non-violation forms 9.IV.A.3; 9.IV.A.5.e; Appendix B; Appendix A, Part 2
pp. 16, 25, 27
| Email inspection records after entry; send each completed passing-inspection form within 20 business days. Monthly reports and invoices have month-end submission deadlines. |
| Changes the delivery schedule for non-violation copies only. Preserves every form, prompt database entry, retailer notices and separate citation/violation deadlines. Gives the Department a complete package for one reporting period, with forms readily reconciled to reports and the invoice. Monthly delivery follows calendar months rather than a rolling 30-day interval. |
| For inspections without a violation, submit electronic copies of completed inspection forms in an organized monthly batch, with the corresponding month’s invoice and required monthly reports, no later than 15 calendar days after month-end. |
| The Department accepts this request |
Selection and routing 9.IV.A.1.a–c
p. 15
| Generate a monthly randomized list consistent with Idaho Code and Synar sampling requirements; conduct required annual and Department-requested inspections. |
| Preserves applicable coverage, sampling, inspection quantities and targeted inspections. Clarifies how selections become field assignments; does not waive required random selection. Distinguishes required selections and sampling from practical route organization. Avoids interpreting every monthly route as a new independently randomized sample. |
| Prepare and maintain inspection assignments through a Department-approved methodology integrating required annual retailer coverage, federally approved Synar sampling, applicable inspection intervals, additional random selections and Department-requested targeted inspections. Organize field assignments geographically for efficient deployment while preserving all applicable sampling and coverage requirements. |
| The Department accepts this request |
Consent for adult participants 9.V.A.4.a–b
p. 18
| Parental/guardian consent and medical-condition documentation apply to “minor (under age twenty-one)” inspectors. |
| Preserves consent and medical information for every participant. Changes who supplies consent and information for legal adults; maintains parental documentation for minors. Provides the same operational information using documentation from the adult participant. This proposed modification is subject to the Department’s answer to the Attachment 1 age-of-majority and inspector-age-group question. |
| For inspectors under age 18, obtain written parental/guardian consent and a parental/guardian document describing medical conditions. For inspectors aged 18 and older, obtain the inspector’s own written consent and medical-condition documentation. |
| The Department accepts this request |
Supervision terminology 9.V.A.4; 9.V.D–E
pp. 18, 20
| Uses “minor” for under-21 inspectors; requires observation and direct adult supervision. |
| Preserves inspector observation and participant safety. Clarifies the distinction between minors and young adults without requiring a reduction in supervision of minors. Distinguishes minors from young adults while retaining inspection observation and safety. Provides an explicit alternative pending the Department’s clarification of supervision requirements. |
| Distinguish “minor inspector” (under age 18) from “young adult inspector” (age 18 to under 21). Minor inspectors must remain under direct adult supervision. For both groups, the adult inspection officer must maintain observation as required by 9.V.D. A separate chaperone is not required solely because a young adult inspector is under age 21. |
| The Department accepts this request |
Electronic delivery 9.III.C.3.h; 9.III.D.2
pp. 14–15
| Mail a permit within five business days when the retailer cannot print it; print/mail education materials upon Department or retailer request. |
| Preserves access to permits and educational materials, the permit deadline and mailing when requested. Adds an electronic delivery option. Accommodates recipient preferences and provides timely access. Preserves a hard-copy option and Department direction. |
| When a retailer cannot print a permit, provide a printable PDF by email with retailer agreement, or mail a hard copy if requested, within five business days after receipt of a complete eligible application. Training and educational materials may likewise be delivered electronically with recipient agreement; print and mail when requested by the Department or retailer. |
| The Department accepts this request |
Local-agency data receipt 9.IV.A.12.b
p. 18
| Enter participating local law-enforcement inspection data within three business days of inspection. |
| Preserves data entry and coordination. Addresses a timing dependency when another agency supplies the inspection records. Makes the entry clock depend on receipt of usable records while preserving coordination and applicable citation and notice deadlines. |
| Enter participating local law-enforcement inspection data within three business days after receipt of complete inspection documentation, unless a different Department-approved coordination schedule applies. Coordinate with participating agencies to obtain timely documentation and preserve all applicable citation and notice deadlines. |
| The Department accepts this request |
Inspector qualifications 9.V.A.3.a
p. 18
| Verify adult inspectors’ law-enforcement training and experience. |
| Preserves verification of relevant enforcement competence and all background-check requirements. Department review remains available; materiality depends on the Department’s intended eligibility standard. Clarifies how relevant program enforcement experience may satisfy selection criteria while preserving Department review and applicable reference and background-check requirements. |
| Verify adult inspectors’ documented law-enforcement training and experience, which may include relevant tobacco-law/code-enforcement training and substantial experience conducting ITP enforcement inspections, subject to Department approval. Maintain all applicable reference and background-check requirements. |
| The Department accepts this request |
Passing-inspection notice 9.IV.A.5.b, d
p. 16
| Adult inspector hands the clerk a passing-inspection notice; a copy of the inspection notice is mailed to the retailer within two business days. |
| Proposes an alternative to the on-site clerk handout only. Retains completed forms, retailer notification and the two-business-day mailing deadline. “Passing inspection” notices can violate the requirement for unannounced inspections, particularly in small communities where retailers can alert other businesses of ongoing inspection activity. Use of such notices will be coordinated with the Department. |
| Use of “passing inspection” notices will be used in coordination with the Department. Regardless of use or nonuse, official inspection notices will be mailed within two business days. |
| The Department accepts this request |
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