Final_RFB_758_2500000096_2_SO_FORM.PDF

Document ID: RFB 758 2500000096 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Temporary Employment at KY Correctional Psychiatric Center

Date Issued:

09/03/2024 Record Date:

09/03/2024

Solicitation Closes Date:

09/11/2024 Time:

13:30

Solicitation No:

RFB 758 2500000096

Reason for Modification

Addendum #1 (September 3, 2024) - To post the Commonwealth's response to Vendor Questions. Please see page 30 for full details.

Online Bidding Prohibited: No For Information Call:

Amy Monroe 502-564-8625

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 2500000096 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Temporary Employment at KY Correctional Psychiatric Center

Comm Code Comm Description Manufacturer Model # Manuf Part #

96130 Employment Agency and Search Firm Services (Including Backgr

Extended Description See Attachment A for listing of positions, descriptions, shifts, and pay rates for the Kentucky Correctional Psychiatric Center (KCPC).

Shipping Information

CHFS DBHDID KCPC

1612 Dawkins Road

Lagrange KY 40031

Billing Information

CHFS DBHDID KCPC

1612 Dawkins Road

Lagrange KY 40031

Document ID: RFB 758 2500000096 Page: 3

Submission Checklist

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

Item Markup Percentage Over Commonwealth Established Pay Rates (95 Points) - Use Attachment C Years in Business (05 Points) - Use Attachment C

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. A separate Bid Sheet is attached and must be included with the response.

Bidders MUST enter $.01 in the Unit Price field as the electronic bid. This is the ONLY pricing that is to be entered electronically. All actual pricing must be on the Bid Sheet.

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/ResourcesSupport/How%20to%20Respond%20to %20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf

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.

The following items MUST be submitted prior to award:

REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

APPLICABLE (see Section 37)

CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY IF APPLICABLE (see Section 39)

REQUIRED AFFIDAVIT(S)

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required

%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

EEO FORMS IF APPLICABLE (see Section 34)

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2500000096 Final Temporary Employment at KY Correctional Psychiatric Center

Total Pages: 34 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond%20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond%20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

COMMONWEALTH OF KENTUCKY

REQUEST FOR BID (RFB)

FOR

TEMPORARY EMPLOYMENT AT KY

CORRECTIONAL PSYCHIATRIC CENTER (KCPC)

RFB 758 2500000096

ISSUED BY

THE FINANCE AND ADMINISTRATION CABINET

ON BEHALF OF

THE CABINET FOR HEALTH AND FAMILY SERVICES

DEPARTMENT FOR BEHAVIORAL, DEVELOPMENTAL, AND

INTELLECTUAL DISABILITIES

RELEASE DATE: TUESDAY, AUGUST 20, 2024

VENDORS’ WRITTEN QUESTIONS DUE: THURSDAY, AUGUST 29, 2024

COMMONWEALTH’S RESPONSE TO WRITTEN QUESTIONS:

TUESDAY, SEPTEMBER 3, 2024

CLOSING DATE AND TIME: WEDNESDAY, SEPTEMBER 11, 2024, AT 1:30 PM ET

COMMONWEALTH BUYER:

AMY C. MONROE, CPPB

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

OFFICE OF PROCUREMENT SERVICES

200 MERO STREET, 5TH FLOOR

FRANKFORT, KY 40622

(502) 564-4510

Amy.Monroe@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Conference ID number 240522005, and Participant Code 33957, 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 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

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2500000096 Final Temporary Employment at KY Correctional Psychiatric Center

Total Pages: 34 mailto:Amy.Monroe@ky.gov https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. 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 The Office of Procurement Services issues this solicitation to establish a Master Agreement for temporary employment services at Kentucky Correctional Psychiatric Center (KCPC).

Section 2 Bid Specifications The Kentucky Correctional Psychiatric Center (KCPC) located in LaGrange, Kentucky is a maximum-security facility providing pre-trial forensic evaluations and inpatient psychiatric treatment for individuals charged with felony offenses, operating under the Department for Behavioral Health, Developmental and Intellectual Disabilities within the Cabinet for Health and Family Services.

It is the intention of the Commonwealth to award the number of Contracts necessary to ensure the needs of the Commonwealth are meet. All awards shall be made in accordance with the Best Value Criteria found in Section 12 Method of Award of this Solicitation.

All employees shall be aware of confidentiality requirements regarding patients (this includes some basic knowledge of HIPAA and Red Flag regulations), internet mail, and zero tolerance drug programs. Contract employees shall sign a confidentiality statement during the employee orientation.

This facility requires that all employees shall take their scheduled meal break in accordance with Kentucky and Federal Labor laws. Contract employees shall follow the facility’s Personnel policy on lunch times and that all personnel shall take at least a 30-minute lunch period. Lunch/ mealtimes may vary depending on the department they are assigned. Each contract employee shall be required to take their mealtime break in 30-, 45-, or 60-minute time frames. During orientation, each employee will be instructed on the time allocated for meals and breaks. The time sheets shall be automatically computed to deduct that time. No mealtime will be paid without special approval in writing and documentation on the employee time sheet. If a contract employee has been instructed and required to work through their mealtime due to some unforeseen circumstance, the immediate supervisor must initial or approve in order for employee to get paid for that time.

Work schedules are based on a 37.5-hour work week. The workweek starts on the 1st shift Sunday and ends on the 3rd shift Saturday. Contractor shall comply with this workweek and overtime shall be computed based on the facility workweek. Scheduling shall also comply with those standards. The facility may require some weekends or evening work hours; this shall depend upon the department schedule and area assigned to work. Schedules may vary in accordance with the using agency. Security personnel positions require mandatory overtime as needed to meet operational needs. KCPC requires mandatory overtime.

Shift times may vary for supervisory personnel, by facility and using agency. The standard shift schedules are as follows:

1st Shift - 6:45 AM to 3:00 PM;

2nd Shift - 2:45 PM to 11:00 PM;

3rd Shift - 10:45 PM to 7:00 AM

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2500000096 Final Temporary Employment at KY Correctional

Total Pages: 34

Normal Administrative work schedule is 8:00 AM to 4:30 PM

Weekend schedules start with Friday 3rd shift and end Sunday 3rd Shift.

Shift times may be altered by the facility to meet operational needs.

No overtime will be billed or paid unless documentation is provided that appropriate management staff gave prior authorization. Overtime billing of one and one-half times the normal hourly rate for that classification will be permitted for prior approved hours worked that exceed forty hours in a billing week. Typically, KCPC restricts overtime to just the Correction Officer Series (Correctional Officer-Captain, Correctional Officer-Lieutenant, Correctional Officer-Sergeant, and Correctional Officer), and very seldom is overtime required for other job classifications.

In the event contract personnel are required to work on an official declared Holiday, the facility shall pay at the rate of one and one-half times the normal hourly rate for that classification. The approved holiday list is as follows:

Christmas Day New Year’s Day Memorial Day Fourth of July Labor Day Thanksgiving Day

There are some jobs that require contract employees to be on-call for emergency needs 24 hours a day and, 7 days per week. If a job assignment requires any on-call duties, the contract employee will be given this information during the interview process. Contract employees shall be compensated for on-call service in accordance with facility policy for on-call status. A contract employee who has been assigned on-call status for their job duties shall be required to respond within a two (2) hour time frame for emergency services. The facility authorized representative shall determine emergency services.

All contract employees shall be required to attend an orientation. The length of the orientation varies by facility. Contract employees will be paid at their classification rate for attending the orientation. All contract employees must receive a pre-employment drug screen before being allowed to work. This screening includes a minimum of a 10-panel with Oxycodone. Due to the special nature of the assignments at KCPC, if at the time of interview an individual is deemed acceptable for employment, KCPC shall send them for their pre-employment drug screening at that time. The cost of this screening shall be the financial responsibility of the vendor regardless of hire or not.

Random drug screening shall be done by the facility for all personnel working at the facility.

Annual background/criminal records checks shall be done by the facility for all personnel on their hire date each year. These tests are at no cost to contractor.

Potential employees must also be at least twenty one (21) years of age.

Contract employees must adhere to all facility and state policy and procedures regarding the procurement of services, repairs, and supplies.

CPR and PPD Required Tests Those positions requiring CPR certification are identified in the job duties and personnel requirements section of the Master Agreement. If the contract employee is not certified, prior to orientation, they will be given the training to obtain the certification at that time. All contract

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2500000096 Final Temporary Employment at KY Correctional employees must have a current PPD (purified protein derivative) test. If a current PPD test is not available, the facility shall provide this service at no charge to the contractor.

The facility shall be responsible for a current criminal record check and abuse check prior to the contract employee beginning work. Current is defined as less than 30 days. Criminal record checks shall be done for Kentucky and any states of current and past residency on all personnel hired and assigned to work at the facility.

In accordance with KRS216.793, KRS 27A-300, KRS 17-151, KRS 216.533, KRS 216.798 and as required by Licensing and Regulation there are only two approved sources for criminal record data. One source is the Information Center, Kentucky State Police and the second source is the Administrative Office of the Courts. The State Justice Cabinet approves both. Criminal record checks for all states shall be obtained from the National Crime Information Center. The abuse check shall be obtained from the Kentucky Nurse Aide Registry for all contract employees. No contract employee shall start to work without an approved criminal record check, drug test, abuse check and a signed confidentiality statement. This information shall be sent to the facility Human Resources Department and be on file prior to a work assignment;

The facility shall provide health-related test, if required, such as TB skin test to the employees of the contractor. These tests will be performed at the facility at no cost to the contractor. Safety items shall be provided in accordance with OHSA Standards if job requires.

Ethical Considerations Kentucky Correctional Psychiatric Center (KCPC) has a stringent code of ethics for all staff whether state employee or agency employee. Each agency employee will be issued a copy of this code at orientation. Each individual agency employee by virtue of accepting an assignment is implying that he/she shall abide by the code of ethics. The following is a summary, although not intended to be all-inclusive, of ethical expectations embodied in the code:

All patient information is strictly confidential and is not to be divulged to any party or media outside the facility.

Employees shall not give or bring any personal item to a patient, nor shall any item(s) be dispensed to a patient, other than those items furnished at the facility for the patients care and treatment.

Employees shall not accept any item from a patient as a gratuity, personal gift, or for the purpose of transporting any item from the facility, either for personal use, or for the delivery to a third party.

There is a zero-tolerance policy in regard to drug and alcohol usage. No employee shall report to work with any degree of drug or alcohol in his/her blood stream. Any employee suspected of reporting to work with any degree of drug or alcohol in his/her blood shall be subject to the appropriate screening test. This provision does not include the proper usage of prescription medication; however, such medications may only be brought into the facility in quantities sufficient for that particular shift. Upon entry to the facility prescription medication must be declared, and the employee’s supervisor needs to be informed of any medications that could impact their ability to perform their job. Employee shall not have on his/her person or in his/her vehicle any item of dangerous contraband, including but not limited to firearms, ammunition, knives, certain classified tools, alcohol, or drugs (except for prescription medication, under the limits established in No. 4 above), or any drug paraphernalia. The introduction of any dangerous contraband onto the grounds of a facility is a felony, and violators shall be prosecuted to the fullest extent of the law.

All employees are strictly forbidden from engaging in any type of personal or private relationship with a patient, whether private business venture, romantic, or sexual. Contacts with patients via

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2500000096 Final Temporary Employment at KY Correctional mail or telephone are prohibited. All dealings with patients shall be done on a professional level, with the appropriate medical care of the patient(s) in mind.

Staff should NEVER reveal any confidential information obtained in the course of their employment when communicating in forums such as blogs, social networking sites, or other Internet forums.

All employees entering the facility are subject to search.

KCPC reserves the right to disqualify any contract employee from working at the facility for violating any of the above ethical guidelines, or any other provision of the code of ethics. KCPC further reserves the right to disqualify any contract employee from working at the facility who is:

(1) deemed a threat to the security of the facility; (2) has displayed substandard or unprofessional performance and/or demeanor; (3) who’s services is no longer needed by the facility.

HIPAA COMPLIANCE

The following section only pertains to those vendors where HIPAA is applicable as determined by the CHFS HIPAA Privacy Officer. It is the Vendor responsibility to clarify its status with regard to HIPAA with CHFS. The Vendor shall agree to use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) (45 C.F.R. Parts 160 and 164) under the Health Insurance Portability and Accountability Act of 1996. The Vendor shall ensure that all Vendor actions are compliant with HIPAA rules for access, authentications, storage and auditing, and transmittal of electronic personal health information (e-PHI). Where applicable, The Vendor shall establish and maintain HIPAA compliant controls and procedures that protect, define, and limit circumstances for access, use, and disclosure of personal health information (PHI). The Vendor shall not be permitted to use or disclose health information for any reason other than what is mandated within this contract.

The Commonwealth of Kentucky is not aware of any positions subject to a Wage Determination, federal or state prevailing wage, living wage, and/or special fringe benefit requirements, including but not limited to the Service Contract Act.

The average assignment duration is unknown. This would depend entirely on the needs of the state agency and will vary. Most assignments are full time for the duration of the assignment.

DETAILED REQUIREMENTS

Many Agencies of the Commonwealth of Kentucky utilize temporary contract labor to assist in their operations. The Commonwealth reserves the right to award multiple contracts as needed to provide the necessary coverage. See Attachment A for a complete listing of all job positions and pay rates.

All Services performed under the contract(s) shall be in accordance with the terms and provisions of the contract. It is the agency’s responsibility to insure that such services rendered and performed are acceptable.

The contractor shall assign personnel as geographically economical for the employee as possible.

Distance from the contract employee’s home to their assigned work site will not constitute additional compensation. The contractor or their contract employee shall be responsible for transportation to and from the job site in order to perform their job duties.

Contract employees shall adhere to all agency and state policies and procedures. Contract employees may be required to obtain and wear the facilities identification badge while on duty.

PAY RATES

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2500000096 Final Temporary Employment at KY Correctional

Hours worked shall be computed in ¼ hour units of time. The vendor shall bear all insurance expense for its employees. The Agency shall not be responsible for any accrued sick, annual, or any other leave time due to the contractor’s employee. Contractor shall only be paid for those hours worked.

EMPLOYEE QUALIFICATIONS

The job duties and personnel requirements are detailed in attached master position spread sheet.

It shall be the vendors responsibility to screen all contract employees for present work history, previous work history and educational background to insure their suitability for the specific position to which they are assigned. Resumes, work history and educational background shall be provided to the agency requesting services.

DRUG SCREENING/BACKGROUND CHECKS

It is recognized that some vendors require back-ground checks and/or drug screenings for all of their employees as a matter of course. Other vendors may not routinely require this. Some State Agencies require drug screening and back ground checks for temporary contract labor for sensitive institutions or positions incurring liability.

ADMINISTRATION

Each contract employee shall be given a personal time sheet for each pay period. It will be required that each employee shall sign in and sign out each day worked. Time sheet shall have the employee name, sign in and sign out times, and total hours worked. The time sheet shall also require the signature of the contract employee and the employee’s assigned supervisor or other authorized agency personnel to verify their attendance. A copy of these time sheets shall be attached to the invoice for documentation of time worked. Contractors shall be in full compliance with all Federal and State Wage and hour laws.

Upon termination from a contract assignment, the contract employee shall turn in all items issued to them (i.e. identification badge, keys, pager, etc.) for performance of their assigned duties.

Contractor shall be responsible for lost keys and ID Badges at the rate for that agency. The agency may withhold payment to the contractor if contractors’ employee does not comply with return of agency property

INVOICES

Contractors shall be responsible for all federal/state/local withholdings and liability insurance.

Contract bill rate shall be all-inclusive.

Contractor shall submit to the agency an itemized invoice every week in accordance with the agency workweek for services provided that period. Each agency shall receive a separate invoice grouped by department. No overtime will be billed or paid unless documentation is provided that appropriate management staff gave prior authorization. Overtime and holiday pay shall be invoiced at a bill rate not to exceed one and one-half times the normal hourly bill rate for that classification. The invoice shall provide the following information: employee name, classification, contract bill rate per hour, dates worked, and hours worked, overtime hours, holiday hours, and total cost to the agency. A copy of the timesheet or time ticket etc. shall be submitted with each invoice. No invoices will be processed for payment without all information and documentation. Agency supervisor personnel will sign all time sheets, logs, time cards, etc.

for contract service personnel before any payments will be processed. All invoice discrepancies shall be corrected before an invoice is processed for payment.

THE CONTRACTOR SHALL COMPLY WITH THE FOLLOWING:

Employee Injury reports (Workers Compensation) shall be required for all contract employees injured on the job;

Contractor shall furnish a copy of the contract employee’s personnel application to the agency;

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Contractor shall furnish a copy of any job certification or license required to the agency;

TRAVEL/OFF SITE ASSIGNMENT

In the event a contractor’s employee is required to travel or attend a meeting away from the work site, the employee shall obtain prior approval from the agency for any such travel. The agency will reimburse the contractor in accordance with state travel rates for any prior approved travel.

CONTRACT PROVISIONS

Neither the contractor nor the agency shall have the authority to waive or alter the contract provisions. No alterations of this contract shall be authorized without prior approval of the Office of Procurement Services of the Finance and Administration Cabinet. All alterations or modifications to the contract shall be confirmed by a contract modification issued and approved by the Office of Procurement Services.

REQUEST FOR SERVICE

Contractor shall only respond to official requests issued from an agency. All requests shall be in writing as a Delivery Order and shall specify classification required, job duties, and expected hours. The vendor shall respond within seven days. If circumstances are such the requested response time cannot be met, the vendor shall contact the agency and establish an acceptable response time.

Vendor shall have fax equipment to meet immediate needs of the requesting agency.

SUBSTITUTIONS

In the event contract personnel do not meet the requirements of the agency, the vendor will be contacted to supply a substitution. If the vendor is contacted during the first 7.5 hours of service, the agency shall not be charged for the 7.5 hours.

The contractor shall be responsible for any required substitutions if the assigned temporary employee does not meet daily work schedules. Agencies are responsible for contacting the contractor when substitutions are necessary. The contractor must respond by the next day. This shall only be a temporary measure until the assigned personnel returns to work or a replacement is assigned.

CONTRACTOR QUALIFICATIONS

INSURANCE

Bidders shall provide proof of insurance with their bid.

Liability; the vendor shall during the term of any resulting contract maintain general liability insurance $1,000,000 for its contract employees.

Workers compensation Unemployment

Vendor shall furnish evidence of insurance coverage to the State Agency when requested

COMPLIANCE

Vendor shall be in compliance with Federal Fair Labor Standards Act and Kentucky state employment laws and regulations. By submitting, a bid the vendor is affirm they are in compliance.

Agency Requirements The agency shall require that all contract personnel are competent and qualified to perform those duties or responsibilities assigned, which shall include certification and/or any licensing requirements. Duties to be performed are those as stated by the agency.

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The agency shall furnish contract employees all tools, office supplies, equipment, supplies, hardware, and materials needed to perform their job duties. These items are the property of the agency and the use of these must conform to agency and state policies and procedures. This does not include vehicle or any mode of transportation to and from job site.

The agency shall provide a cellular phone or pager for those jobs that require them in performing their job duties. The use of a cellular phone or pager is for work related activity only. The agency will provide these devices at no cost to the contract employee. The cost for use of these devices for any purpose other than agency business shall be billed to the contractor for reimbursement.

The contractor shall be responsible for the safekeeping of these devices and shall pay for any damage or loss.

CONFIDENTIALITY

All federal and state regulations and statutes including affiliated penalties related to confidentiality shall be applicable to the vendor and their employees assigned to the Commonwealth of Kentucky. The contractor and its employees will be asked, in some cases, to sign agency specific confidentiality agreements prior to approval for work. Disclosure of confidential information will constitute reason for disciplinary actions and or dismissal.

LEGAL CONSIDERATIONS

The contracts awarded as a result of this Solicitation do not include legal coverage for the contractor if a lawsuit is filed against the contractor or the contractor’s employees. The contractor must provide their legal representation and if a judgment is rendered against the contractor, the contractor will be held responsible for that judgment.

ASSIGNMENT

The Contractor shall not assign this Contract to another Contractor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth. Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

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 from the date of award through June 30, 2025.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for six (6) additional two-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

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2500000096 Final Temporary Employment at KY Correctional 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 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 9 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 10 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

CABINET FOR HEALTH AND FAMILY SERVICES

Extending the Contract Use to Other Agencies 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 11 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 12 Method of Award 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:

Markup Percentage Over

Commonwealth Established Pay Rates

95 Points

Years in Business 05 Points Total Points Possible 100 Points

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2500000096 Final Temporary Employment at KY Correctional Psychiatric Center

Total Pages: 34 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

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. VENDOR SHALL ENTER UNIT PRICE AND TOTAL PRICE

ON THE BID SHEET ONLY.

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.

Markup Percentage Over Commonwealth Established Pay Rates (95 Points) Using Attachment C, bidders shall identify their markup percentage of the positions identified in Attachment A. The bidder with the lowest markup receives the maximum possible score of 95 points. The bidder with the next lowest markup percentage receives points calculated by dividing that offer by the best offer and multiplying the available points by the resulting factor.

For example, if the lowest markup percentage is 10%, that bidder would receive the maximum possible 95 points. If the next lowest markup percentage 20%, that bidder would receive 47.5 points. (10/20 = .50 X 95 = 47.5 points).

Years in Business (05 Points) Using Attachment C, bidders shall identify the number of years they have been operating as a temporary staffing business; a minimum of five (5) years in business is required.

Respondents shall include with bid submission verification documentation such items as Articles of Incorporation, Secretary of State Registration, Certificate of Assumed Name filed with the County Clerk, Business or Financial Records showing proof of purchase of business/company.

Failure to provide documentation shall result in a zero (0) score.

For evaluation proposes only, a maximum of 10 years will be used to calculate scores.

For example, bidder “A” bids 50 years operating a temporary staffing business and receives the maximum of 5 points. Bidder “B” bids 10 years operating a temporary staffing business (10/10 = 1 X 5 = 5). Assume bidder “C” bids 8 years operating a temporary staffing business and receives 4 points (8/10 = 0.8 x 5 = 4).

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

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(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 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

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2500000096 Final Temporary Employment at KY Correctional 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 13 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 14 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:

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 15 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 16

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

Section 17 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 18 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 19 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 20 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 21 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 22 Service Performance 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.

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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 23 Addition or Deletion of Items or Services The Office of Procurement…