Final_RFB_758_2200000239_1_SO_FORM.PDF

Document ID: RFB 758 2200000239 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: WSH/WSNF Unarmed Security Guard Services

Date Issued:

11/01/2021 Record Date:

2021-11-01

Solicitation Closes Date:

11/18/21 Time:

13:30

Solicitation No:

RFB 758 2200000239

Online Bidding Prohibited: No For Information Call:

Daniel Salvato 502-564-5862

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 758 2200000239 Page: 2

Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 WSH/WSNF Unarmed Security Guard Services Straight Time

0.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

99046 Guard and Security Services

Extended Description Unarmed security guard services at Western State Hospital/Nursing Facility. There shall be a minimum of three (3) guard working 12:00 a.m. (Midnight) to 8:00 a.m., five (5) guards working 8:00 a.m. to 4:00 p.m., and five (5) guards working 4:00 p.m. to 12:00 a.m. (Midnight) three hundred sixty-five

(365) days per year.

Bidder shall state number of years experience :_________

Ten (10) years experience is the minimum requirement for this solicitation. Bidders shall submit verification prior to award for the number of years providing security services to facilities similar in size and scope of the solicitation.

2 WSH/WSNF Unarmed Security Guard Onsite Supervisor Straight T

Extended Description Unarmed security guard services at Western State Hospital/Nursing Facility. There shall be a minimum of three (3) guard working 12:00 a.m. (Midnight) to 8:00 a.m., five (5) guards working 8:00 a.m. to 4:00 p.m., and five (5) guards working 4:00 p.m. to 12:00 a.m. (Midnight) three hundred sixty-five

(365) days per year.

3 WSH/WSNF Unarmed Security Guard Services Overtime

Extended Description Unarmed security guard services at Western State Hospital/Nursing Facility. There shall be a minimum of three (3) guard working 12:00 a.m. (Midnight) to 8:00 a.m., five (5) guards working 8:00 a.m. to 4:00 p.m., and five (5) guards working 4:00 p.m. to 12:00 a.m. (Midnight) three hundred sixty-five

Document ID: RFB 758 2200000239 Page: 3

4 WSH/WSNF Unarmed Security Guard Onsite Supervisor Overtime

Extended Description Unarmed security guard services at Western State Hospital/Nursing Facility. There shall be a minimum of three (3) guard working 12:00 a.m. (Midnight) to 8:00 a.m., five (5) guards working 8:00 a.m. to 4:00 p.m., and five (5) guards working 4:00 p.m. to 12:00 a.m. (Midnight) three hundred sixty-five

Shipping Information CHFS DBHDID - Western State Hospital Shipping/Receiving 2400 Russellville Road, PO Box 2200

Hopkinsville KY 42240

Billing Information CHFS DBHDID - Western State Hospital

2400 Russellville Road, PO Box 2200

Hopkinsville KY 42241-2200

Document ID: RFB 758 2200000239 Page: 4

Submission Checklist

The following items will be required to be submitted with bid:

Item

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/ AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal.

The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://finance.ky.gov/eProcurement/Pages/default.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

Document Description Page 5

2200000239 WSH/WSNF Unarmed Security Guard Services https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/default.aspx mailto:Finance.CRCGroup@ky.gov

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 37)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY (see Section 39)

_____REQUIRED AFFIDAVIT(S) (see Attachment A)

_____EEO FORMS IF APPLICABLE (see Section 34)

____ VERIFICATION PRIOR TO AWARD FOR THE NUMBER OF YEARS

PROVIDING SECURITY SERVICES TO FACILITIES SIMILAR IN SIZE AND

SCOPE OF THE SOLICITATION (MINIMUM TEN YEARS.)

Request for Bid (RFB)

For Western State Hospital/Western State Nursing Facility Unarmed Security Guards

RFB 758 2200000239

Issued by The Finance and Administration Cabinet

On Behalf Of Western State Hospital/Western State Nursing Facility

Release Date: November 1, 2021

Vendors’ Written Questions Due: November 5, 2021 at 1PM ET

***Potential bidders may request a virtual site visit of the facility by contacting the Commonwealth Buyer by November 5, 2021 at 1 PM ET***

Commonwealth’s Response to Written Questions: November 9, 2021

CLOSING DATE AND TIME: November 18, 2021 at 1:30 PM ET

Commonwealth Buyer:

DANIEL SALVATO, CPPB.

COMMONWEALTH OF KENTUCKY

Document Description Page 6

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-5862 daniel.salvato@ky.gov

PUBLIC BID READINGS HAVE BEEN TEMPORARILY SUSPENDED

As Governor Andy Beshear has declared a state of emergency due to the public health emergency related to the COVID-19 disease, we are committed to providing a safe environment for our staff and visitors. Therefore, we have temporarily suspended public bid readings in the Office of Procurement Services (OPS).

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Participant Code 44510, at 3:30pm, ET on the bid closing date.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at http://eprocurement.ky.gov and respectively https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation Terms and Conditions

Master Agreement

Section 1 Scope of Contract

Document Description Page 7

2200000239 WSH/WSNF Unarmed Security Guard Services http://eprocurement.ky.gov https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

The Office of Procurement Services issues this solicitation to establish a Master Agreement for: Western State Hospital and Western State Nursing Facility Unarmed Security Guard Services

Western State Hospital and Western State Nursing Facility, located in Hopkinsville, Kentucky, requests a Master Agreement for the provision of Unarmed Security Guard Services.

General Information

Western State Hospital (WSH) is a 160-bed acute care adult psychiatric hospital. The facility is regulated by the Centers for Medicare and Medicaid Services (CMS) and The Joint Commission (TJC). Western State Nursing Facility (WSNF) is a 144-bed long term care facility and is regulated by the Office of Inspector General (OIG). Both facilities are funded by the Commonwealth of Kentucky and operate through oversight by the Cabinet for Health and Family Services (CHFS), Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID).

Areas of activity shall include the following: vehicle control, patient safety, internal security, routine patrol, and other duties as assigned.

Vendor Requirements

A. Staffing There should be a minimum of three (3) guards working 12:00 A.M. (Midnight) to 8:00 A.M., five (5) guards working 8:00 A.M. to 4:00 P.M., and five (5) guards working 4:00 P.M. until 12:00 A.M. (Midnight) three hundred sixty five (365) days per year. Average working hours over the past four years have been 54,166.38 per year. This is not a required number of hours, and the facility may request additional personnel as needed to be included at the stated rate.

WSH Risk Management reserves the right to interview prospective security guards to verify the training, background, and security status of the individual. Unsatisfactory applicants may be refused.

Family members of On-site Guard Supervisor and Shift Supervisors will not work the same shift. WSH Risk Management shall approve the new hire of a family member of On-site Guard Supervisor or Shift Supervisors.

B. Billing The established rate for this security service shall be the total cost to CHFS and shall include the following:

1. Payroll costs, including premium wages and overtime,

2. Comprehensive general liability insurance, Document Description Page 8

3. Taxes for unemployment and social security,

4. Liability worker’s compensation insurance,

5. Bonding of any nature,

6. Pensions and other fringe benefits,

7. Holidays, illnesses, vacations, and other absenteeism,

8. Hospitalization insurance,

9. Any form of statutory required insurance,

10. Recruiting and training,

11. Any specialized training which may be required by law or by a necessity in order to properly and legally perform and deliver the required services, and

12. Uniform costs.

Services rendered under this Master Agreement will be on a weekly basis and the Vendor is responsible to invoice WSH accordingly. Hours worked by employees will be documented with Vendor’s time sheet documentation.

C. Orientation/Training Each guard must have completed an initial one-hour hospital orientation class consisting of an overview of the hospital mission and vision, general infection control and employee health policies, and environment of care (safety, emergency preparedness, hazardous materials, utilities, and medical equipment practices) as conducted by hospital training staff prior to initial assignment. Extensive New Employee Orientation classes are scheduled twice monthly. All security guards are required to complete the facility’s three-day orientation program within sixty (60) days of initial hiring, but security guards are allowed to work in normal capacity after the initial one-hour orientation. Time spent by new security guards in this three-day training will be at WSH expense. However, WSH will withhold payment to the Vendor for the orientation training hours until the individual employees that completed the three-day orientation have completed a minimum of ninety (90) days of service.

Guards shall be required to attend all mandatory training provided by the facility including, but not limited to, annual training on the environment of care, incident management, performance improvement, and infection control. In addition, all guards shall be required to maintain current certification in Crisis Prevention and Intervention (“CPI”) techniques. CPI is training on how to de-escalate patients and how to protect one’s self and patient without force. CPI is covered in New-Employee Orientation at

WSH.

D. Uniforms Vendor shall ensure that each employee has uniforms of the same type. This may be accomplished by providing employees with uniforms or providing them with a uniform allowance. Shirts may be long-sleeved or short-sleeved, polo style or button-front, and burgundy in color. Winter jackets should be a bomber-style jacket. Pants may be front-pleated or cargo-style and may be charcoal gray or black in color. Badges identifying employee name and position shall be worn at all times while on campus or in official

Document Description Page 9 capacity for the facility. In accordance with Facility SOP 25a, “All ID badges are to be prominently displayed above the waist in such a fashion that the employee can be readily identified by anyone.”

E. Onsite Supervision The vendor shall provide direct supervision as necessary to motivate effective and efficient compliance with the required responsibilities of the contract. The facility requests an on-site Guard Supervisor to be assigned to the location being served, with one of the working guards designated as a shift supervisor on each shift.

A Vendor Representative who directly supervises the guard/supervisor make contact, either by phone or in person, with Risk Management designee regarding the on-going operations of security services being performed.

F. Instructions to Employees The vendor shall instruct all security guards under this master agreement of the following “Basic Instructions for Security Guards.”

1. In any emergency not covered by instructions, the security guard will call the authorized client representative and/or his/her own supervisor if guidance is needed and if time permits. Otherwise, the security guard will act in the best interest of the client and exercise best judgment and common sense in initiating the action he/she feels is required. Complaints made by any patient or on the patient’s behalf are subject to the current Patient Grievance Process. The Chairperson of the Facility Ethics Committee shall review all patient complaints for possible ethics violations. Additionally, a record of all occurrences of incidents involving patients and/or visitors is maintained by the Risk Management department of Western State Hospital. Incidents are investigated and determinations are made in accordance with Facility SOP 12a. Disciplinary action, if necessary and based upon situation, may range from no action taken, reassignment, or termination of staff.

2. Intoxicants of any kind are prohibited to be consumed while on duty. Any person reporting to work under the influence or suspected of being under the influence will not be permitted to assume the assigned duties.

3. All security guards will be required to hold a valid state-issued driver’s license and shall be knowledgeable of and comply with all laws, procedures, rules, and regulations governing the use of state-owned vehicles.

4. The security guard will report all known or suspected violations, irregularities, or suspicious circumstances of which he/she witnesses or is informed. The security guard will enforce all orders, rules, and regulations as instructed in this contract and those detailed operational instructions, written and verbal, provided by the authorized facility representative(s).

5. The security guard will carry out all instructions given by the authorized client representative(s). If a security guard receives instructions from some unknown individual, the security guard should inform this individual that he/she has received and understands the instructions but will be unable to carry them out until verified with a known authorized client representative. (Not withstanding bona fide emergencies.)

Document Description Page 10

6. Security guards will not remove materials or equipment of any type regardless of value from the premises to which they are assigned unless specifically authorized to do so by an authorized client representative.

7. Security guards will use careful and guarded discretion when interacting with employees and other individuals whenever an irregularity exists. Questioning of individuals for investigative purposes shall be performed by Risk Management staff.

Under no circumstances shall a suspected employee or other suspected person be threatened, manhandled, coerced, or detained against his/her will.

8. No individual will be apprehended and placed under arrest unless the particular security guard involved is commissioned or otherwise appointed or elected with the authority to make such an arrest and then only upon a legal warrant of arrest, upon having legal probable cause, personally having witnessed a crime or violation or one being committed, and then, only in accordance with the Kentucky penal code, Chapter 503, “General Principles of Justification.” Any security guard who disregards or violates these instructions must do so as a private individual and not as a representative of the client.

9. Any security guard who issues false information, makes false statements, or records false information concerning matters pertaining to his or her work will be subjected to recommendation for severe disciplinary action and to civil action if the circumstances warrant such.

10. Security guards under this contract are prohibited from accepting gratuities of any kind, from any source, for any reason or purpose whatsoever.

11. FIREARMS – WILL NOT BE PERMITTED

12. In addition to those basic and other miscellaneous security duties, security guards are also responsible for:

(1) the general safety and welfare of employees, residents and/or other individuals within the guards’ jurisdiction or responsibility and property and equipment of WSH or WSNF or installation covered by the Master Agreement. The on-site Guard Supervisor will be assigned the day (8:00 A.M. to 4:00 P.M.) shift, Monday through Friday, and will not be assigned to nor conduct business for other accounts.

The Facility Director or designee reserves the right to remove any security guard from duty at any given time and to restrict his/her further utilization at the facility if such action is deemed to be in the best interest of WSH, WSNF, residents of either facility, or employees at either facility. This action may be taken with or without direct contact or explanation to the Vendor, depending upon the circumstances, the seriousness, and the sensitivity of the situation and upon the opinion and judgment of the facility director or designee only.

G. Insurance Prior to the award of the Master Agreement, the Vendor (successful contract bidder) will provide a legible copy of the Certificate of Insurance and all endorsements to both, the Office of Procurement Services, 702 Capitol Avenue, Room 096 Annex, Frankfort, KY 40601) and Western State Hospital Fiscal Services. The insurance company providing

Document Description Page 11 the insurance must be licensed to do business in the Commonwealth of Kentucky and all insurance coverage listed below must be identified in the certificate of insurance and/ or by endorsement:

1. Comprehensive general liability coverage for basic premises and operations coverage.

2. Assault and battery endorsement for intentional/unintentional or accidental assaults.

3. Personal injury endorsement including false arrest or imprisonment, libel and slander, defamation of character, invasion of privacy and other cases of personal abuse.

4. Broad form property damage endorsement for damage to property in the care, custody or control of the security firm (Vendor).

5. Errors and omissions for security guards failure to perform duties and for malpractice.

6. Auto non-ownership and hired car endorsement providing the client with protection arising out of the security guards use of the following:

a) A hired vehicle,

b) The client’s vehicle,

c) The Vendor’s vehicle, or

d) A borrowed vehicle

7. Independent contractor’s endorsement providing protection against libel suits arising from the work or actions of independent contractors for the vendor or representatives of the vendor.

8. Additional insured endorsement naming the client as an additional insured on the vendor’s policy.

9. Worker’s compensation.

10. A Commercial Liability Insurance policy shall afford limits of no less than the following:

$2,000,000 - General Aggregate $1,000,000 - Products and Completed Operations Aggregate

$1,000,000 - Personal and Advertising Injury $1,000,000 – Each Occurrence $ 50,000 – Fire Damage $ 5,000 – Medical Expense

$1,000,000 – dram shop / liquor liability (if contractor sells alcoholic beverages).

An automobile/truck liability insurance policy covering owned, non-owned, and hired vehicles. Said policy of insurance to have a minimum limit of $1,000,000 per occurrence combined single limit for bodily injury, including death and property damage.

Document Description Page 12

This Master Agreement will not be considered as valid and binding until such time the vendor (successful contract bidder) complies with item 9 above pertaining to comprehensive general liability insurance in its entirety.

The Commercial General Liability insurance required under this Contract shall include The Commonwealth of Kentucky, its officers, employees and agents as Additional Insureds but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

The Vendor shall defend, indemnify and save the Commonwealth of Kentucky, the Cabinet, the Cabinet’s agencies, representatives and employees from any loss, liability claim, actions or proceedings on account of any injury or death of any employee or representative of the Vendor arising from any cause whatsoever.

The Vendor further agrees to defend, hold harmless, and indemnify the Commonwealth of Kentucky, the Cabinet, the Cabinet’s agencies, representatives, and employees and to maintain the specified liability insurance coverage, protecting the Commonwealth of Kentucky, the Cabinet, the Cabinet’s agencies, representatives and employees from any liability for the acts of the Vendor or representatives of the Vendor.

H. Facility Keys Contractor shall be issued keys to the hospital necessary to perform security guard tasks and shall agree to pay a fee to Western State Hospital to cover all expenses associated with re-keying/re-coring the hospital and/or the nursing facility if the keys are lost or not accounted for by the contractor or his representative. The contractor agrees to abide by and require their employees to adhere to the hospital’s “key-control system” and conditions as outlined below:

1. The Vendor or representative of Vendor will not make, cause or knowingly permit to be made, nor otherwise obtain, procure, or provide any unauthorized copy or facsimile of facility key(s). Keys duplicated by commercial locksmith or by other means shall not be acceptable and such keys shall be considered lost.

2. The loss of any such key(s) referred to under this section will immediately be verbally reported to the proper authority of WSH and followed up by a detailed written report of the circumstances resulting in the loss.

3. Security Guards will not permit any person the use of key(s) in their possession under any circumstances other than in a bona-fide emergency, without the prior approval of the proper authority of WSH.

4. The Vendor further agrees that if by the loss of keys, they are the type which jeopardizes the security of the entire facility or a sensitive part of the facility, the Vendor agrees to pay for the total cost of re-keying and/or re-coring the entire facility or the particular area affected. Fee not to exceed Three Thousand Dollars ($3,000.00) shall be determined by the Cabinet for Health and Family Services.

Document Description Page 13

Facility Requirements

1. WSH agrees to provide the vendor with an office and appropriate office furniture for use by security guards.

2. WSH will provide a Kawasaki Mule ATV for Security Guards to perform rounds on campus. Operational training shall be provided prior to guard assignment of ATV by WSH Maintenance Director or designee.

3. In the event that Security is required to transport clients, deliver deposits to the local bank, or make other off-campus trips for the facility, WSH shall provide a pool vehicle.

Security guards are required to follow all Commonwealth fleet policy and procedures in regard to operating pool vehicles.

4. WSH will provide phones and two-way radios to enable guards to communicate to various employees while on duty.

Regulatory Obligations

The Vendor shall be responsible, under all circumstances and conditions, for compliance with all state, county, city, and any other laws or ordinances pertinent to:

A. Business Associate Agreement All security guards will abide by the facility’s confidentiality requirements in place at the time of hiring. The offeror shall sign and agree to the Facility Business Associate Agreement (BAA) that is in accordance with HIPAA and outlines the requirements imposed by the HITECH (Health Information Technology for Economic and Clinical Health) Act, as enacted by the American Recovery and Reinvestment Act. A copy of the Facility Business Associate Agreement is available from the Facility Fiscal Manager.

The HITECH Act Rule in its entirety may be located at: https://www.healthit.gov/sites/ default/files/hitech_act_excerpt_from_arra_with_index.pdf

B. LEIE Record Check Requirement In accordance with the Social Security Act sections 1128 and 1156, the Office of Inspector General maintains a List of Excludable Individuals and Entities (LEIE) which shall be reviewed prior to allowing contract agencies or personnel to work within the Western State Nursing Facility. Any contract agency or contract personnel included in such list shall be prohibited from operation in connection with this contractual agreement. The website address for the LEIE is http://exclusions.oig.hhs.gov.

C. Background Checks Nationwide police checks shall be required for all employees of the contractor, who will provide any type of on-site service for the contractor. The contractor shall provide the names, social security numbers and birth dates of all employees who will work under the Security Guard contract issued from this Solicitation. It will be the responsibility of the contractor to run the background check through the Kentucky State Police who will check for a criminal background. An out-of-state background check will be required on any person(s) living or having lived or worked outside the state of Kentucky at any time

Document Description Page 14 prior to coming to work under this contract. This shall be a direct cost to the contractor.

The facility will complete subsequent checks annually thereafter to capture disqualifying activities.

Security Guards are required to notify employer of loss of license within 5 days of court suspending or revoking license. Vendor is then required to notify facility of employee status within 2 business days. It is the Facility’s responsibility to decide to put the employee on probation or to replace the employee.

D. Drug Screenings Pursuant to 908 KAR 3:190, the Department for Behavioral Health, Developmental and Intellectual Disabilities requires all employees, including contractor employees to submit to a drug test prior to beginning work at the facility (“Pre-appointment testing”).

An applicant not currently occupying a test-designated position shall submit to and pass a drug test prior to being appointed to a test-designated position. Pre-employment drug screenings are an expense to the hiring agency.

A “Test-designated employee” means an individual employed at or by a facility for the care and treatment of an individual with mental illness, developmental, or intellectual disabilities operated by the Department and who meets any of the following conditions:

1. Provides direct health care or treatment services to a resident of the facility;

2. Has regular unsupervised access to residents of the facility; or

3. Has unsupervised access to controlled substances.

Note: Pursuant to 908 KAR 3:190, the Department for Behavioral Health, Developmental and Intellectual Disabilities may require the contractor (person providing the direct care services) to have a drug screen done at the facility’s request.

Additionally, the facility performs random drug testing on a quarterly basis. This cost will be paid by the facility.

E. Licensure The vendor shall provide commissioning, appointment, licensing or otherwise obtaining proper authority for security guards to legally function in the capacity of carrying out the provisions of this master agreement. Additionally, individual qualifications and fees as required by governing entities pertaining directly to the fulfillment of this contract shall be provided by the vendor at no additional cost to the facility.

In the event of and under any circumstances, where a security guard functioning under this Master Agreement does not have a peace officer’s power of arrest, it is the responsibility of the Vendor to inform such security personnel of their limited legal operational status: “That they function in the same capacity as a private citizen and must govern themselves and their actions accordingly.”

Section 2

Document Description Page 15

Bid Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement)

Section 3 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year from the date of award.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four

(4) additional one-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8 Alternate Brands/Specifications

Document Description Page 16

Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/ specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

Section 11 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky: Western State Hospital/Western State Nursing Facility

Extending the Contract Use to Other The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other State agencies requiring the product(s) or service(s).

Section 12 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 13 Method of Award

Document Description Page 17

Best Value – Ranking Approach The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Price 100 Points

Experience Pass/Fail

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor.

A bidder shall submit one (1) response to a solicitation and shall not propose more than one (1) model/brand for each item listed in the solicitation, except for requested tier pricing. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Vendors responding with the minimum Best Value requirements in this solicitation shall not be credited with Best Value points. Vendors responding with greater than the minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

A. PRICE (100 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 100 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 100 points ($3.00 / $3.00 =

1.00 x 100 = 100). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 75 points ($3.00 / $4.00) = .75 x 100 = 75).

B. EXPERIENCE (Pass/Fail)

Ten (10) years experience is the minimum requirement for this criteria. Bidders shall submit verification prior to award for the number of years providing security services to facilities similar in size and scope of the solicitation.

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Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference

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Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Annual Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation:

Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 12 months may be found non-responsible and ineligible for award.

Section 14 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 15 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

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A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification.

If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B: Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

C: Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above.

Section 16 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 17 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained

Document Description Page 21 will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 18 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 19 Manuals and Distribution of Literature Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 20 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services.

Section 21 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Office of Procurement Services canceling the contract.

Section 22 Exception to Required Use of Contract The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 23 Service Performance

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All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent contractor. No agent, employee, or servant of the contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract.

Major deviations of services performed will not be made without the written approval of the Office of Procurement Services. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement.

Section 24 Addition or Deletion of Items or Services The Office of…