Clinical_Services_RFP_32901-31378-24.pdf

11-09-23 RFP

STATE OF TENNESSEE

DEPARTMENT OF CORRECTION

REQUEST FOR PROPOSALS

FOR

INMATE CLINICAL SERVICES

RFP # 32901-31378-24

RFP CONTENTS

SECTIONS:

1. INTRODUCTION

2. RFP SCHEDULE OF EVENTS

3. RESPONSE REQUIREMENTS

4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS

5. EVALUATION & CONTRACT AWARD

ATTACHMENTS:

6.1. Response Statement of Certifications & Assurances

6.2. Technical Response & Evaluation Guide

6.3. Cost Proposal & Scoring Guide

6.3.A PIPD Fee Schedule 6.3.B. Contract Fee Schedule 6.3.C. Budget Narrative

6.4. Reference Questionnaire

6.5. Score Summary Matrix

6.6. Pro Forma Contract

Attachment One – Attestation Re: Personnel Used in Contract Performance Attachment Two – Sample Performance Bond Attachment Three – Key Performance Indicator Manual Attachment Four – Minimum Staffing Requirements

Attachment Five – Current State Positions Requiring Contractor Job Offers Attachment Six – Transition Plan Placeholder Attachment Seven – Workplan Placeholder Attachment Eight – HIPAA Business Associate Agreement Attachment Nine – TDOC Infirmary Protocol Attachment Ten – Crushed/Non-Crushed Medication List Attachment Eleven – Universal Stock Medication List6.7 Bed Space and Estimated In-House Populations

6.8 TDOC Policies

6.9 Equipment Inventory

6.10 HEP C Pre-Treatment Program Details

6.11 Nursing Protocols

6.12 Healthcare Cases

6.13 Current Contract Documents

32901-31378-24

1. INTRODUCTION

The State of Tennessee, DEPARTMENT OF CORRECTION, hereinafter referred to as “the State,” issues this Request for Proposals (RFP) to def ine minimum contract requirements; solicit responses; detail response requirements; and, outline the State’s process for evaluating responses and selecting a contractor to provide the needed goods or services.

Through this RFP, the State seeks to procure necessary goods or services at the most favorable, competitive prices and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities and small business enterprises, an opportunity to do business with the state as contractors, subcontractors or suppliers.

1.1. Statement of Procurement Purpose

The State intends to secure a contract for correctional health and behavioral health services (collectively referred to as “clinical services”) as described in Attachment 6.6 Pro Forma Contract for facilities throughout the State of Tennessee.

Health Services to be provided include, but are not limited to, primary care, hospitalization, emergency care, specialty care, chronic care, long term care, hospice/palliative care, dental, optometry/optical, ancillary, coordination of pharmacy services with the State Pharmacy Contractor, supplies, equipment, support services and select staff ing, including: physicians, select mid-levels, dentists, nurses, health services administrators, and other support staf f as designated in Attachment Four of the Pro Forma Contract.

Services also include designated staffing in the behavioral health units to be part of a multidisciplinary treatment program. Services include, but are not limited to, triage assessments, medication counseling, and provision administration of psychiatric medications prescribed by behavioral health providers, as described in Section A of the Pro Forma Contract.

Behavioral Health Services to be provided include, but are not limited to, psychiatric services, psychological services, substance abuse treatment services, case management services, therapeutic recreational activity services, and pharmaceutical responsibilities, including coordination of pharmacy services with the State Pharmacy Contractor. The Contractor shall provide supplies, equipment, support services, and select staffing, including: physicians who are board certified or board eligible in psychiatry, select mid-levels, nurses, behavioral health services administrators, and other support staff as designated in Attachment Four of the Pro Forma Contract.

The Tennessee Department of Correction supervises more than twenty thousand (20,000) inmates and employs more than six thousand (6,000) people. There are f ifteen(15) facilities in the State system, four

(4) of which are privately managed. Female inmates are housed in three (3) facilities and male inmates are housed in nine (9) facilities. Male inmates in need of acute or continuing healthcare are housed at Lois M. Deberry Special Needs Facility or at any other facility as designated by the State. Female inmates with similar acute medical needs are housed at the Debra K. Johnson Rehabilitation Center or West Tennessee State Prison/Women’s Therapeutic Residential Center.

The location of each facility is provided in RFP Attachment 6.8. Facility descriptions can be located at http://www.tn.gov/correction and facility locations can be located at https://www.tn.gov/content/dam/tn/correction/documents/TDOCFacilitiesOff icesMap.pdf.

The State’s current operating capacity is twenty-one thousand, six hundred and eighty-eight (21,688) inmates. The following facilities are included in this agreement:

1. Bledsoe County Correctional Complex (BCCX)

a. This facility has two (2) sites

2. Debra K. Johnson Rehabilitation Center (DJRC)

3. Lois M. DeBerry Special Needs Facility (DSNF) http://www.tn.gov/correction https://www.tn.gov/content/dam/tn/correction/documents/TDOCFacilitiesOfficesMap.pdf

RFP # 3201-31378-24

PAGE NUMBER

4. Mark H. Luttrell Transition Center (MLTC)

5. Morgan County Correctional Complex (MCCX)

6. Northeast Correctional Complex (NECX)

7. Northwest Correctional Complex (NWCX)

8. Riverbend Maximum Security Institution (RMSI)

9. Turney Center Industrial Complex (TCIX)

a. This facility has two (2) sites

10. West Tennessee State Penitentiary (WTSP)

11. Women’s Therapeutic Residential Center (WTRC)

As stated earlier, DSNF and DJRC house the majority of long-term care, personal care, and acute healthcare and behavioral health inmates within the State system. These facilities house many geriatrics and physically challenged inmates and provide skilled nursing services. Extensive rehabilitative services are also provided. In addition, the facilities house general population inmates who require routine medical services. Inmates throughout the State who require skilled nursing or advanced nursing care are considered for transfer to DSNF or DJRC.

Tennessee Department of Correction is one of the select correctional jurisdictions to be fully accredited by the American Correctional Association. The State pays for all costs related to ACA audit fees.

It is the intent of the State to require the Contractor to assume comprehensive healthcare and behavioral healthcare services responsibility and management of all clinical services, to include staf f as outlined in.

Pro Forma Contract.

1.1.2. The State currently has two separate contracts – one for Inmate Health Services and a separate one for

Inmate Behavioral Health Services. The maximum liability for the current Inmate Health contract is $824,013,661.69, with the Behavioral Health having a total dollar value of $174,558,300.00. An additional cost reimbursement grant, put in place in order to continue to provide MAT and MOUD services until the combined contract is awarded is currently valued at $3,414,098.00. The State reasonably estimates that the combined contract could at minimum, equal the total of these three current contracts, or exceed $1 billion over the total f ive-year term.

1.2. Scope of Service, Contract Period, & Required Terms and Conditions

The RFP Attachment 6.6., Pro Forma Contract details the State’s requirements:

Scope of Services and Deliverables (Section A);

Contract Period (Section B);

Payment Terms (Section C);

Standard Terms and Conditions (Section D); and, Special Terms and Conditions (Section E).

The pro forma contract substantially represents the contract document that the successful Respondent must sign.

1.3. Nondiscrimination

No person shall be excluded from participation in, be denied benef its of , or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

1.4. RFP Communications

1.4.1. The State has assigned the following RFP identif ication number that must be referenced in all communications regarding this RFP:

RFP # 32901-31378-24

1.4.2. Unauthorized contact about this RFP with employees or officials of the State of Tennessee except as detailed below may result in disqualification from consideration under this procurement process.

1.4.2.1. Prospective Respondents must direct communications concerning this RFP to the following person designated as the Solicitation Coordinator:

Erik Busby Department of General Services, Central Procurement Of f ice 312 Rosa L. Parks Avenue 615-253-8900 Erik.Busby@tn.gov

1.4.2.2. Notwithstanding the foregoing, Prospective Respondents may alternatively contact:

a. staf f of the Governor’s Of f ice of Diversity Business Enterprise for assistance available to minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities, and small businesses as well as general, public information relating to this RFP (visit https://www.tn.gov/generalservices/procurement/central-procurement-of f ice--cpo- /governor-s-of f ice-of -diversity-business-enterprise--godbe--/godbe-general-contacts.html for contact information); and

b. the following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations:

Vashti McKinney Title VI Coordinator Tennessee Department of Corrections 320 Sixth Avenue North Nashville, TN 37243 615-253-8237 Vashti.McKinney@tn.gov

1.4.3. Only the State’s official, written responses and communications with Respondents are binding with regard to this RFP. Oral communications between a State of f icial and one or more Respondents are unof f icial and non-binding.

1.4.4. Potential Respondents must ensure that the State receives all written questions and comments, including questions and requests for clarif ication, no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.4.5. Respondents must assume the risk of the method of dispatching any communication or response to the State. The State assumes no responsibility for delays or delivery failures resulting from the Respondent’s method of dispatch. Actual or digital “postmarking” of a communication or response to the State by a specified deadline is not a substitute for the State’s actual receipt of a communication or response. It is encouraged for Respondents to submit bids digitally.

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html

1.4.6. The State will convey all of f icial responses and communications related to this RFP to the prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to RFP Section 1.7).

1.4.7. The State reserves the right to determine, at its sole discretion, the method of conveying of f icial, written responses and communications related to this RFP. Such written communications may be transmitted by mail, hand-delivery, facsimile, electronic mail, Internet posting, or any other means deemed reasonable by the State. For internet posting, please refer to the following website: https://www.tn.gov/generalservices/procurement/central-procurement-of f ice--cpo- /supplier-information/request-for-proposals--rfp--opportunities1.html.

1.4.8. The State reserves the right to determine, at its sole discretion, the appropriateness and adequacy of responses to written comments, questions, and requests related to this RFP. The State’s of f icial, written responses will constitute an amendment of this RFP.

1.4.9. Any data or factual information provided by the State (in this RFP, an RFP amendment or any other communication relating to this RFP) is for informational purposes only. The State will make reasonable ef forts to ensure the accuracy of such data or information, however it is the Respondent’s obligation to independently verify any data or information provided by the State.

The State expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Respondents.

1.5. Assistance to Respondents With a Handicap or Disability

Prospective Respondents with a handicap or disability may receive accommodation relating to the communication of this RFP and participating in the RFP process. Prospective Respondents may contact the Solicitation Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in the RFP Section 2, Schedule of Events.

1.6. Respondent Required Review & Waiver of Objections

1.6.1. Each prospective Respondent must carefully review this RFP, including but not limited to, attachments, the RFP Attachment 6.6., Pro Forma Contract, and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

1.6.2. Any prospective Respondent having questions and comments concerning this RFP must provide them in writing to the State no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.6.3. Protests based on any objection to the RFP shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline.

1.7. Pre-Response Conference

A Pre-response Conference will be held at the time and date detailed in the RFP Section 2, Schedule of Events.

Pre-response Conference attendance is not mandatory, and prospective Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations.

The conference will be held at:

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Meeting ID: 268 694 662 130 Passcode: QVHfHP

Dial in by phone +1 629-209-4396,,112914896# United States, Nashville Find a local number Phone conference ID: 112 914 896# Join on a video conferencing device Tenant key: stateoftn@m.webex.com Video ID: 113 673 505 9 More info

The purpose of the conference is to discuss the RFP scope of goods or services. The State will entertain questions, however prospective Respondents must understand that the State’s oral response to any question at the Pre-response Conference shall be unofficial and non-binding. Prospective Respondents must submit all questions, comments, or other concerns regarding the RFP in writing prior to the Written Questions & Comments Deadline date detailed in the RFP Section 2, Schedule of Events. The State will send the official response to these questions and comments to prospective Respondents from whom the State has received a Notice of Intent to respond as indicated in RFP Section 1.8 and on the date detailed in the RFP Section 2, Schedule of Events.

1.8. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in the RFP Section 2, Schedule of Events, prospective Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond (in the form of a simple e-mail or other written communication). Such notice should include the following information:

the business or individual’s name (as appropriate);

a contact person’s name and title; and the contact person’s mailing address, telephone number, facsimile number, and e-mail address.

A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a response, however, it is necessary to ensure receipt of any RFP amendments or other notices and communications relating to this RFP.

1.9. Response Deadline

A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events. The State will not accept late responses, and a Respondent’s failure to submit a response before the deadline will result in disqualif ication of the response. It is the responsibility of the Respondent to ascertain any additional security requirements with respect to packaging and delivery to the State of Tennessee. Respondents should be mindful of any potential delays due to security screening procedures, weather, or other filing delays whether foreseeable or unforeseeable.

1.10 Performance Bond

The Contractor shall provide to the State a performance bond guaranteeing full and faithful performance of all undertakings and obligations under this Contract specif ically faithful performance of the work in accordance with the plans, specif ications, and Contract documents. The Contractor shall submit the bond no later than the day immediately preceding the Ef fective Date and, in the tel:+16292094396,,112914896 https://dialin.teams.microsoft.com/4423d438-b3cd-4739-88ce-5ba6c5a25a54?id=112914896 mailto:stateoftn@m.webex.com https://www.webex.com/msteams?confid=1136735059&tenantkey=stateoftn&domain=m.webex.com manner, and form prescribed by the State at Pro Forma Contract Attachment Two. The bond shall be issued by a company licensed to issue such a bond in the state of Tennessee. The performance bond shall guarantee full and faithful performance of all undertakings and obligations under this Contract.

The Contractor must meet this performance bond requirement by providing the State a performance bond covering twenty-f ive (25%) percent of the Contract amount for the f irst twelve (12) calendar months of the Contract in the amount of Written Dollar Amount ($Number) and thereaf ter, a new or reissued performance bond in the Contract amount for each subsequent twelve (12) calendar month period of the Contract. (In which case, the Contractor must provide the new (or re-issued) performance bonds to the State no later than thirty (30) days preceding each subsequent period of the Contract to be covered by the new(or re-issued) bond.) The State reserves the right to review the bond amount and bonding requirements at anytime during the Term. The Contractor shall provide performance bonds to the State prior to the Ef fective Date and thirty (30) days prior to the beginning of each renewal or extended Term. Failure to provide to the State the performance bond(s) as required under this Contract may result in this Contract being terminated by the State. The performance bond required under this Contract shall not be reduced during the Term without the State’s prior written approval.

If an intended awardee is unable to comply with the terms of the solicitation and/or the pro forma contract, the intended awardee would be bypassed in favor of the next highest evaluated respondent that can comply with the terms of the solicitation and pro forma contract, in accordance with CPO policies and procedures.

1.11. Site Tours

The State will be conducting site tours at three (3) facilities managed by the State. All tours will begin in the Administrative Building. The locations are as follows:

Debra K. Johnson Rehabilitation Center (DJRC):

3881 Stewarts Lane, Nashville, TN 37218 When: TBD once schedule of events is determined.

Lois M. DeBerry Special Needs Facility (DSNF) 7575 Cockrill Bend Boulevard, Nashville, TN 37209

Bledsoe County Correctional Complex (BCCX) 1045 Horsehead Lane, Pikeville, TN 37367

Please contact the RFP Solicitation Coordinator to participate. A listing of visitors and their date of birth are necessary for a background check. Please bring your state issued ID and follow all instructions for visiting a correctional facility below and on the website at https://www.tn.gov/correction/sp/visitation.html .

Personal Property. All persons entering the facility shall be subject to search. State law prohibits weapons, alcohol, drugs, and illegal contraband on State property, including parking areas. Tour participants shall leave all personal items in their vehicles, with the exception of vehicle keys and one form of photo ID. No money, cellphones, pagers, etc. are allowed. Use of tobacco products is prohibited on State property and must remain in the person’s vehicle.

Dress Code. All persons entering the facility must be dressed appropriately. Undergarments must be worn. Midriffs and torsos must be covered. Shirts must have sleeves. Dresses, split skirts, and shorts must extend to the top of the knee. Attire that is revealing, made of spandex, or is transparent or translucent is considered to be inappropriate. Clothing with logos that contain pictures, slogans, or https://www.tn.gov/correction/sp/visitation.html vulgarity or any clothing determined by the processing off icer to be associated with any security threat group is inappropriate. (Association may be made by color combination, designs, or logos af f ixed to the clothing or how the clothing is being worn.) Camouflage attire, overalls, suspenders, and tank tops are considered in appropriate. Close toed shoes shall be worn.

Full Body Scanner. All persons entering the facility will be processed through a full body scanner.

Individuals with pacemakers, wheelchairs, pregnant women, or those who think they may be pregnant will not be required to process through the full body scanner.

Parking. Parking may be limited. To ensure timely arrival, carpooling is suggested.

Waiver of Liability. The State shall have no liability related to any site tour. In no event will the State be liable to the Respondent or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time money, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statue, regulation, or tort (including but not limited to negligence), or any other legal theory that may arise as a result of or in connection with any site tour.

Indemnity for Site Tour. The Respondent agrees to indemnify and hold harmless the State of Tennessee as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged out of or in connection with any site tour.

RFP SCHEDULE OF EVENTS

2.1. The following RFP Schedule of Events represents the State’s best estimate for this RFP.

EVENT

TIME

(central time zone)

DATE

1. RFP Issued August 5, 2024

2. Disability Accommodation Request Deadline 2:00 p.m. August 9, 2024

3. Pre-response Conference 10:00 a.m. August 12, 2024

4. Notice of Intent to Respond Deadline 2:00 p.m. August 14, 2024

5. Notify State of RSVP for Facility Tours 10:00 a.m. August 16, 2024

6. Facility Tours - Debra K. Johnson Rehabilitation Center

DeBerry Special Needs Facility Bledsoe County Correctional Complex Bledsoe County Correctional Complex

10 a.m. – Noon

2 p.m. – 4 p.m.

9 a.m. – 11 a.m.

August 21, 2024

August 22, 2024

6. Written “Questions & Comments” Deadline 2:00 p.m. August 27, 2024

7. State Response to Written “Questions & Comments” September 6, 2024

8. Response Deadline 2:00 p.m. September 20, 2024

9. State Completion of Technical Response Evaluations October 2, 2024

10. State Opening & Scoring of Cost Proposals 2:00 p.m. October 3, 2024

11. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection 2:00 p.m. October 11, 2024

12. CPO Negotiations October 14-16, 2024

13. End of Protest Period October 18, 2024

14. State sends contract to Contractor for signature October 19, 2024

15. Contractor Signature Deadline 2:00 p.m. October 31, 2024

2.2. The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it deems necessary. Any adjustment of the Schedule of Events shall constitute an RFP amendment, and the State will communicate such to prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to section 1.8).

3. RESPONSE REQUIREMENTS

3.1. Response Form

A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal.

3.1.1. Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides the specific requirements for submitting a response. This guide includes mandatory requirement items, general qualifications and experience items, and technical qualifications, experience, and approach items all of which must be addressed with a written response and, in some instances, additional documentation.

NOTICE: A technical response must not include any pricing or cost information.

If any pricing or cost information amounts of any type (even pricing relating to other projects) is included in any part of the technical response, the state may deem the response to be non-responsive and reject it.

3.1.1.1. A Respondent should duplicate and use the RFP Attachment 6.2., Technical Response

& Evaluation Guide to organize, reference, and draf t the Technical Response by duplicating the attachment, adding appropriate page numbers as required, and using the guide as a table of contents covering the Technical Response.

3.1.1.2. A response should be economically prepared, with emphasis on completeness and clarity. A response, as well as any reference material presented, must be written in English and must be written on standard 8 ½” x 11” pages (although oversize exhibits are permissible) and use a 12 point font for text. All response pages must be numbered.

3.1.1.3. All information and documentation included in a Technical Response should correspond to or address a specific requirement detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. All information must be incorporated into a response to a specif ic requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will not contribute to evaluations.

3.1.1.4. The State may determine a response to be non-responsive and reject it if :

a. the Respondent fails to organize and properly reference the Technical Response as required by this RFP and the RFP Attachment 6.2., Technical Response & Evaluation Guide; or

b. the Technical Response document does not appropriately respond to, address, or meet all of the requirements and response items detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide.

3.1.2. Cost Proposal. A Cost Proposal must be recorded on an exact duplicate of the RFP Attachment

6.3., Cost Proposal & Scoring Guide.

NOTICE: If a Respondent fails to submit a cost proposal exactly as required, the State may deem the response to be non-responsive and reject it.

3.1.2.1. A Respondent must only record the proposed cost exactly as required by the RFP

Attachment 6.3., Cost Proposal & Scoring Guide and must NOT record any other rates, amounts, or information.

3.1.2.2. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period, including any renewals or extensions.

3.1.2.3. A Respondent must sign and date the Cost Proposal.

3.1.2.4. A Respondent must submit the Cost Proposal to the State in a sealed package separate f rom the Technical Response (as detailed in RFP Sections 3.2.3., et seq.).

3.2. Response Delivery

3.2.1. A Respondent must ensure that both the original Technical Response and Cost Proposal documents meet all form and content requirements, including all required signatures, as detailed within this RFP, as may be amended.

3.2.2. A Respondent must submit original Technical Response and Cost Proposal documents and copies as specif ied below.

3.2.2.1. One (1) original Technical Response paper document labeled:

“RFP # 32901-31378-24 TECHNICAL RESPONSE ORIGINAL”

and twelve (12) digital copies of the Technical Response each in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, USB f lash drive labeled:

“RFP # 32901-31378-24 TECHNICAL RESPONSE COPY”

The digital copies should not include copies of sealed customer references, however any other discrepancy between the paper Technical Response document and any digital copies may result in the State rejecting the proposal as non-responsive.

3.2.2.2. One (1) original Cost Proposal paper document labeled:

“RFP # 32901- 31378-24 COST PROPOSAL ORIGINAL”

and one (1) copy in the form of a digital document in “PDF” format properly recorded on separate, blank, USB f lash drive labeled:

“RFP # 32901-31378-24 COST PROPOSAL COPY”

In the event of a discrepancy between the original Cost Proposal document and the digital copy, the original, signed document will take precedence.

3.2.3. A Respondent must separate, seal, package, and label the documents and copies for delivery as follows:

3.2.3.1. The Technical Response original document and digital copies must be placed in a sealed package that is clearly labeled:

“DO NOT OPEN… RFP # 32901-31378-24 TECHNICAL RESPONSE FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.2.3.2. The Cost Proposal original document and digital copy must be placed in a separate, sealed package that is clearly labeled:

“DO NOT OPEN… RFP # 32901-31378-24 COST PROPOSAL FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.2.3.3. The separately, sealed Technical Response and Cost Proposal components may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled:

“RFP # 32901-31378-24 SEALED TECHNICAL RESPONSE & SEALED COST

PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.4. A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following address:

Erik Busby State of Tennessee, Central Procurement Of f ice 312 Rosa L. Parks Ave.

615-253-8900

3.3. Response & Respondent Prohibitions

3.3.1. A response must not include alternate contract terms and conditions. If a response contains such terms and conditions, the State, at its sole discretion, may determine the response to be a non-responsive counterof fer and reject it.

3.3.2. A response must not restrict the rights of the State or otherwise qualify either the of fer to deliver goods or provide services as required by this RFP or the Cost Proposal. If a response restricts the rights of the State or otherwise qualifies either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal, the State, at its sole discretion, may determine the response to be a non-responsive counterof fer and reject it.

3.3.3. A response must not propose alternative goods or services (i.e., of fer services dif ferent f rom those requested and required by this RFP) unless expressly requested in this RFP. The State may consider a response of alternative goods or services to be non-responsive and reject it.

3.3.4. A Cost Proposal must be prepared and arrived at independently and must not involve any collusion between Respondents. The State will reject any Cost Proposal that involves collusion, consultation, communication, or agreement between Respondents. Regardless of the time of detection, the State will consider any such actions to be grounds for response rejection or contract termination.

3.3.5. A Respondent must not provide, for consideration in this RFP process or subsequent contract negotiations, any information that the Respondent knew or should have known was materially incorrect. If the State determines that a Respondent has provided such incorrect information, the State will deem the Response non-responsive and reject it.

3.3.6. A Respondent must not submit more than one Technical Response and one Cost Proposal in response to this RFP, except as expressly requested by the State in this RFP. If a Respondent submits more than one Technical Response or more than one Cost Proposal, the State will deem all of the responses non-responsive and reject them.

3.3.7. A Respondent must not submit a response as a prime contractor while also permitting one or more other Respondents to of fer the Respondent as a subcontractor in their own responses.

Such may result in the disqualification of all Respondents knowingly involved. This restriction does not, however, prohibit different Respondents from offering the same subcontractor as a part of their responses (provided that the subcontractor does not also submit a response as a prime contractor).

mailto:Erik.Busby@tn.gov

3.3.8. The State shall not consider a response f rom an individual who is, or within the past six (6) months has been, a State employee. For purposes of this RFP:

3.3.8.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

3.3.8.2. A contract with or a response f rom a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal f rom the employee; and

3.3.8.3. A contract with or a response f rom a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conf lict of interest.

3.3.9. This RFP is also subject to Tenn. Code Ann. § 12-4-101—105.

3.4. Response Errors & Revisions

A Respondent is responsible for any and all response errors or omissions. A Respondent will not be allowed to alter or revise response documents after the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events unless such is formally requested, in writing, by the State.

3.5. Response Withdrawal

A Respondent may withdraw a submitted response at any time before the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events by submitting a written request signed by an authorized Respondent representative. After withdrawing a response, a Respondent may submit another response at any time before the Response Deadline. After the Response Deadline, a Respondent may only withdraw all or a portion of a response where the enforcement of the response would impose an unconscionable hardship on the Respondent.

3.6. Additional Services

If a response offers goods or services in addition to those required by and described in this RFP, the State, at its sole discretion, may add such services to the contract awarded as a result of this RFP.

Notwithstanding the foregoing, a Respondent must not propose any additional cost amounts or rates for additional goods or services. Regardless of any additional services of fered in a response, the Respondent’s Cost Proposal must only record the proposed cost as required in this RFP and must not record any other rates, amounts, or information.

NOTICE: If a Respondent fails to submit a Cost Proposal exactly as required, the State may deem the response non-responsive and reject it.

3.7. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any response.

4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS

4.1. RFP Amendment

The State at its sole discretion may amend this RFP, in writing, at any time prior to contract award.

However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential Respondents to meet the response deadline and revise the RFP Schedule of Events if deemed appropriate. If an RFP amendment is issued, the State will convey it to potential Respondents who submitted a Notice of Intent to Respond (refer to RFP Section 1.8). A response must address the f inal RFP (including its attachments) as amended.

4.2. RFP Cancellation

The State reserves the right, at its sole discretion, to cancel the RFP or to cancel and reissue this RFP in accordance with applicable laws and regulations.

4.3. State Right of Rejection

4.3.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all responses.

4.3.2. The State may deem as non-responsive and reject any response that does not comply with all terms, conditions, and performance requirements of this RFP. Notwithstanding the foregoing, the State reserves the right to waive, at its sole discretion, minor variances from full compliance with this RFP. If the State waives variances in a response, such waiver shall not modify the RFP requirements or excuse the Respondent f rom full compliance, and the State may hold any resulting Contractor to strict compliance with this RFP.

4.4. Assignment & Subcontracting

4.4.1. The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFP without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.4.2. If a Respondent intends to use subcontractors, the response to this RFP must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFP Attachment 6.2., Section B, General Qualif ications & Experience Item B.14.).

4.4.3. Subcontractors identified within a response to this RFP will be deemed as approved by the State unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract.

4.4.4. Af ter contract award, a Contractor may only substitute an approved subcontractor at the discretion of the State and with the State’s prior, written approval.

4.4.5. Notwithstanding any State approval relating to subcontracts, the Respondent who is awarded a contract pursuant to this RFP will be the prime contractor and will be responsible for all work under the Contract.

4.5. Right to Refuse Personnel or Subcontractors

The State reserves the right to refuse, at its sole discretion and notwithstanding any prior approval, any personnel of the prime contractor or a subcontractor providing goods or services in the performance of a contract resulting from this RFP. The State will document in writing the reason(s) for any rejection of personnel.

4.6. Insurance

The State will require the awarded Contractor to provide a Certificate of Insurance issued by an insurance company licensed or authorized to provide insurance in the State of Tennessee. Each Certif icate of Insurance shall indicate current insurance coverages meeting minimum requirements as may be specified by this RFP. A failure to provide a current, Certificate of Insurance will be considered a material breach and grounds for contract termination.

4.7. Professional Licensure and Department of Revenue Registration

4.7.1. All persons, agencies, firms, or other entities that provide legal or f inancial opinions, which a Respondent provides for consideration and evaluation by the State as a part of a response to this RFP, shall be properly licensed to render such opinions.

4.7.2. Before the Contract resulting from this RFP is signed, the apparent successful Respondent (and

Respondent employees and subcontractors, as applicable) must hold all necessary or appropriate business or professional licenses to provide the goods or services as required by the contract. The State may require any Respondent to submit evidence of proper licensure.

4.7.3. Before the Contract resulting from this RFP is signed, the apparent successful Respondent must be registered with the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. The State shall not award a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following:

https://tntap.tn.gov/eservices/_/#1

4.8. Disclosure of Response Contents

4.8.1. All materials submitted to the State in response to this RFP shall become the property of the State of Tennessee. Respondents are cautioned not to provide any materials in response to this RFP that are trade secrets, as def ined under Tenn. Code Ann. § 47-25-1702 and any other applicable law. By submitting a response to this RFP, the respondent acknowledges and agrees that the State shall have no liability whatsoever for disclosure of a trade secret under the Uniform Trade Secrets Act, as provided at Tenn. Code Ann. § 47-25-1701-1709, or under any other applicable law. Selection or rejection of a response does not af fect this right. By submitting a response, a Respondent acknowledges and accepts that the full response contents and associated documents will become open to public inspection in accordance with the laws of the State of Tennessee.

4.8.2. The State will hold all response information, including both technical and cost information, in conf idence during the evaluation process.

4.8.3. Upon completion of response evaluations, indicated by public release of a Notice of Intent to

Award, the responses and associated materials will be open for review by the public in accordance with Tenn. Code Ann. § 10-7-504(a)(7).

4.9. Contract Approval and Contract Payments

4.9.1. Af ter contract award, the Contractor who is awarded the contract must submit appropriate documentation with the Department of Finance and Administration, Division of Accounts.

4.9.2. This RFP and its contractor selection processes do not obligate the State and do not create rights, interests, or claims of entitlement in either the Respondent with the apparent best-evaluated response or any other Respondent. State obligations pursuant to a contract award shall commence only after the Contract is signed by the State agency head and the Contractor https://tntap.tn.gov/eservices/_/#1 and af ter the Contract is approved by all other state officials as required by applicable laws and regulations.

4.9.3. No payment will be obligated or made until the relevant Contract is approved as required by applicable statutes and rules of the State of Tennessee.

4.9.3.1. The State shall not be liable for payment of any type associated with the Contract resulting f rom this RFP (or any amendment thereof) or responsible for any goods delivered or services rendered by the Contractor, even goods delivered or services rendered in good faith and even if the Contractor is orally directed to proceed with the delivery of goods or the rendering of services, if it occurs before the Contract Ef fective Date or af ter the Contract Term.

4.9.3.2. All payments relating to this procurement will be made in accordance with the Payment

Terms and Conditions of the Contract resulting from this RFP (refer to RFP Attachment 6.6., Pro Forma Contract, Section C).

4.9.3.3. If any provision of the Contract provides direct funding or reimbursement for the competitive purchase of goods or services as a component of contract performance or otherwise provides for the reimbursement of specif ied, actual costs, the State will employ all reasonable means and will require all such documentation that it deems necessary to ensure that such purchases were competitive and costs were reasonable, necessary, and actual. The Contractor shall provide reasonable assistance and access related to such review. Further, the State shall not remit, as funding or reimbursement pursuant to such provisions, any amounts that it determines do not represent reasonable, necessary, and actual costs.

4.10. Contractor Performance

The Contractor who is awarded a contract will be responsible for the delivery of all acceptable goods or the satisfactory completion of all services set out in this RFP (including attachments) as may be amended. All goods or services are subject to inspection and evaluation by the State. The State will employ all reasonable means to ensure that goods delivered or services rendered are in compliance with the Contract, and the Contractor must cooperate with such ef forts.

4.11. Contract Amendment

After Contract award, the State may request the Contractor to deliver additional goods or perform additional services within the general scope of the Contract and this RFP, but beyond the specif ied Scope, and for which the Contractor may be compensated. In such instances, the State will provide the Contractor a written description of the additional goods or services. The Contractor must respond to the State with a time schedule for delivering the additional goods or accomplishing the additional services based on the compensable units included in the Contractor’s response to this RFP. If the State and the Contractor reach an agreement regarding the goods or services and associated compensation, such agreement must be effected by means of a contract amendment. Further, any such amendment requiring additional goods or services must be signed by both the State agency head and the Contractor and must be approved by other state officials as required by applicable statutes, rules, policies and procedures of the State of Tennessee. The Contractor must not provide additional goods or render additional services until the State has issued a written contract amendment with all required approvals.

4.12. Severability

If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will not af fect the validity of the remaining RFP terms and provisions, and the rights and obligations of the State and Respondents will be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

4.13. Next Ranked Respondent

The State reserves the right to initiate negotiations with the next ranked Respondent should the State cease doing business with any Respondent selected via this RFP process.

5. EVALUATION & CONTRACT AWARD

5.1. Evaluation Categories & Maximum Points

The State will consider qualif ications, experience, technical approach, and cost in the evaluation of responses and award points in each of the categories detailed below (up to the maximum evaluation points indicated) to each response deemed by the State to be responsive.

EVALUATION CATEGORY MAXIMUM POINTS POSSIBLE

General Qualifications & Experience (refer to RFP Attachment 6.2., Section B) 25

Technical Qualifications, Experience & Approach (refer to RFP Attachment 6.2., Section C)

Cost Proposal (refer to RFP Attachment 6.3.) 20

5.2. Evaluation Process

The evaluation process is designed to award the contract resulting from this RFP not necessarily to the Respondent offering the lowest cost, but rather to the Respondent deemed by the State to be responsive and responsible who of fers the best combination of attributes based upon the evaluation criteria.

(“Responsive Respondent” is defined as a Respondent that has submitted a response that conforms in all material respects to the RFP. “Responsible Respondent” is def ined as a Respondent that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.)

5.2.1. Technical Response Evaluation. The Solicitation Coordinator and the Proposal Evaluation

Team (consisting of three (3) or more State employees) will use the RFP Attachment 6.2., Technical Response & Evaluation Guide to manage the Technical Response Evaluation and maintain evaluation records.

5.2.1.1. The State reserves the right, at its sole discretion, to request Respondent clarif ication of a Technical Response or to conduct clarif ication discussions with any or all Respondents. Any such clarification or discussion will be limited to specific sections of the response identified by the State. The subject Respondent must put any resulting clarif ication in writing as may be required and in accordance with any deadline imposed by the State.

5.2.1.2. The Solicitation Coordinator will review each Technical Response to determine compliance with RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A— Mandatory Requirements. If the Solicitation Coordinator determines that a response failed to meet one or more of the mandatory requirements, the Solicitation Coordinator will review the response and determine whether:

a. the response adequately meets RFP requirements for further evaluation;

b. the State will request clarifications or corrections for consideration prior to further evaluation; or,

c. the State will determine the response to be non-responsive to the RFP and reject it.

5.2…