Final_RFP_045_2700000079_1_SO_FORM.PDF

Document ID: RFP 045 2700000079 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Study of Certified & Licensed Childcare Programs

Date Issued:

09/21/2026 Record Date:

09/14/2026

Solicitation Closes Date:

10/08/2026 Time:

15:30

Solicitation No:

RFP 045 2700000079

Online Bidding Prohibited: Yes

For Information Call:

Jessica Barnes 502-209-2940

Bid Receiving Location:

Auditor of Public Accounts Bid Clerk 209 St. Clair Street

Frankfort KY 40601

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: RFP 045 2700000079 Page: 2

Line Items

Commodity Group: Default

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

1 Comprehensive Study for Certified & Licensed Childcare Prog

Comm Code Comm Description Manufacturer Model # Manuf Part #

94620PS PSC-Auditing

Extended Description The purpose of this Request for Proposal is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. The APA is seeking proposals from entities with the subject matter expertise to conduct a comprehensive study on the impact of laws, policies, and process on the opening and operation of certified and licensed childcare programs and to collaborate with the APA in the drafting and issuing of a report to the Interim Joint Committees on Families and Children by December 1, 2027. 2026 House Joint Resolution 50, attached as an exhibit to this RFP, mandates that the APA contract with a qualified and independent third party to conduct this study.

Shipping Information Auditor of Public Accounts

209 St. Clair Street

Frankfort KY 40601

Billing Information Auditor of Public Accounts

209 St. Clair Street

Frankfort KY 40601

Document ID: RFP 045 2700000079 Page: 3

Submission Checklist

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

Item Proposed Technical Solution. Submit by Closing Date & Time.

Proposed Cost Solution. Submit by Closing Date & Time.

Oral Presentation Optional

Revised February 2026

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION –Section(s) 8.00 and 8.10 of this RFP (not required if submitting electronically)

_____ *PROPOSED SOLUTION (TECHNICAL) UNDER SEALED COVER AND BY CLOSING

DATE --Section(s) 8.00 and 8.10 of this RFP

_____ *PROPOSED SOLUTION (COST) UNDER SEALED COVER AND BY CLOSING DATE --

Section(s) 8.00 and 8.10 of this RFP

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY --

Section 8.00 of the Personal Service Contract Terms and Conditions of this RFP

_____ REQUIRED AFFIDAVIT(S) – Section 8.20 of this RFP

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering” (Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Auditor of Public Accounts Study of Applicable Law, Policies, and Processes that Directly Impact the Opening and Operation of Licensed and Certified Child Care Centers in the Commonwealth

RFP 2700000079

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Auditor of Public Accounts (APA).

Offerors are advised that any personal service contract resulting from this RFP must comply with all applicable provisions of KRS 45A and KRS 12.210 prior to becoming effective.

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2700000079 Final Study of Certified & Licensed Childcare Programs Total Pages: 37 https://www.merriam-webster.com/dictionary/seal

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet and filed with the Legislative Research Commission, Government Contract Review Committee.

1.00 Purpose and Background

The purpose of this Request for Proposal is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. The APA is seeking proposals from entities with the subject matter expertise to conduct a comprehensive study on the impact of laws, policies, and process on the opening and operation of certified and licensed childcare programs and to collaborate with the APA in the drafting and issuing of a report to the Interim Joint Committees on Families and Children by December 1, 2027. 2026 House Joint Resolution 50, attached as an exhibit 1 to this RFP, mandates that the APA contract with a qualified and independent third party to conduct this study.

2.00 Scope of Work

A. General Nature of Services Requested

Pursuant to 2026 House Joint Resolution 50 (attached as an exhibit 1 to this RFP), the General Assembly mandated that the APA contract with a qualified and independent third party to conduct a comprehensive study of applicable statutes, administrative regulations, and agency policies and processes that directly impact the opening and operation of licensed and certified childcare services in the Commonwealth of Kentucky. The APA must submit a draft report and recommendations to reform, streamline, and modernize existing statutes, administrative regulations, and agency policies and processes governing the licensing and certification of childcare programs to the Kentucky Child Care Advisory Council by November 1, 2027, with a final report to be submitted to the Legislative Research Commission by December 1, 2027, for referral to the Interim Joint Committee on Families and Children.

The APA anticipates that this study will involve extensive surveying and communications with Kentuckians within the childcare industry, interviews to be conducted with state and local officials and employees, and a sweeping review and analysis of federal and Kentucky law and Kentucky administrative agencies’ official and unofficial policies and procedures. Prospective bidders therefore must, at minimum, demonstrate in their proposals that they have the skill, knowledge, experience, and resources to complete both of those tasks. As further outlined in 2026 House Joint Resolution 50 (attached as an exhibit 1 to this RFP), the study must include, but not necessarily be limited to, the following key elements:

(a) An evaluation of existing Kentucky statutes, administrative regulations, and agency policies and processes, with particular emphasis on Cabinet for Health and Family Services (CHFS) official and unofficial policies, procedures, and rules and how CHFS may administer the same, governing the licensing and certification of childcare programs to identify statutory, regulatory, and administrative barriers to starting and operating licensed and certified childcare services;

(b) A comparison of Kentucky’s statutes, administrative regulations, and agency policies and processes, with particular emphasis on CHFS official and unofficial policies, procedures, and rules and how CHFS may administer the same, governing the licensing and certification of childcare programs to those in peer states and to the recommendations and guidelines of the most recent edition of Caring for our Children:

National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs;

(c) A detailed analysis of how federal laws impact state statutes, administrative regulations, and agency policies and processes, with particular emphasis on CHFS official and unofficial policies, procedures, and rules and how CHFS may administer the same, governing the licensing and certification of childcare programs;

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(d) An identification of instances where existing statutes, administrative regulations, and agency policies and processes, with particular emphasis on CHFS official and unofficial policies, procedures, and rules and how CHFS may administer the same, governing the licensing and certification of childcare programs are duplicative, confusing, excessive, or ineffective;

(e) Surveys and focus groups of key stakeholders, including but not limited to the Kentucky Child Care Advisory Council, licensed and certified childcare providers, early childhood educators employed in licensed and certified childcare programs, executive branch officials involved in regulating licensed and certified childcare providers, representatives from local childcare resource and referral agencies, public policy experts with expertise in childcare issues, legal professionals with expertise in childcare issues, experts in issues related to child welfare and child abuse prevention, pediatric care professionals, small business coaching services, parents of young children, advocates for individuals with special needs, early childhood education professionals at colleges and universities based in Kentucky, and Kentucky employers;

(f) Recommendations for licensed and certified childcare sectors to make greater use of the General Regulatory Sandbox Program established in KRS 15.268; and

(g) Recommendations for administrative regulations to allow for outdoor, nature-based early learning and childcare programs.

The study shall include surveys and focus groups on existing statutes, administrative regulations, and agency policies and processes, with particular emphasis on CHFS official and unofficial policies, procedures, and rules and how CHFS may administer the same, governing the licensing and certification of childcare programs from non-licensed and noncertified childcare providers. In addition, the study shall gather quantitative and qualitative data from a wide range of licensed and certified childcare providers, including providers operating in different regions of the state, having different ratings under the Kentucky All STARS program, providing faith-based and nonfaith-based programing, serving various numbers of children, and serving children in families of various income levels. In gathering data, the study shall guarantee anonymity to participating stakeholders to the greatest extent possible.

The study shall exclude from the scope of review analysis of child-to-teacher ratios and maximum group sizes. Moreover, the purpose of this study is to focus on regulatory barriers and challenges facing private sector childcare models with the goal of providing recommendations that if followed would increase access and availability to childcare.

In addition to the key elements listed above, the study shall include an analysis of local regulatory barriers to childcare services and shall recommend best practices for local governments to utilize when evaluating local ordinances, regulations, and zoning and land-use rules pertaining to the availability of childcare services in local communities in alignment with the Certified Child Care Community Designation Program established in KRS 199.891. These recommendations and best practices shall focus on balancing health and safety with increasing the supply of childcare services and easing local regulatory barriers, and shall include but not be limited to the following topics:

(a) Local land-use policies and zoning ordinances related to childcare services, including but not limited to:

1. Recommendations for definitions for terms such as "childcare," "licensed child-care center," "licensed family child-care center," "child-care microcenter," and "certified family child-care home";

2. Recommendations on where childcare services should be permitted by right, with special standards, and with conditional use permits;

3. Recommendations for requirements for compliance with conditional use permits and special standards;

4. Best practices for safely permitting childcare services in or near industrial areas;

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5. Best practices for playgrounds associated with childcare services; and

6. Recommendations for parking and drop-off and pick-up requirements, where applicable;

(b) Policies pertaining to local permitting fees for starting and operating childcare services or any other type of local fee impacting childcare services; and

(c) Policies related to other local ordinances and regulations that may pertain to the availability of childcare services in local communities.

In recommending best practices for local governments, the study shall include surveys and focus groups of various stakeholders, including local government officials representing different types of communities and regions from around the state, planning and design professionals, licensed and certified child care providers, representatives from child care resource and referral agencies, public policy experts with expertise in childcare issues, legal professionals with expertise in child care issues, local law enforcement professionals, local health departments, fire marshals, and employers. CONTRACTOR shall ensure that it provides a general overview of local laws and regulations concerning childcare providers and how those laws may create unnecessary barriers for day care providers or limit the availability of childcare in local communities.

As an example of the kind of work product expected from this study, attached to this RFP is a relevant study done for the state of North Dakota (exhibit 2).

Finally, Contractor should anticipate routinely consulting and collaborating with the Kentucky Child Care Advisory Council established in KRS 199.8983 during the course of its analysis and as recommendations are developed for the final report. Contractor must routinely seek feedback from the council, shall provide quarterly updates to the council alongside the APA, and must submit a draft report to the Council for review by November 1, 2027, before the final report submission date of December 1, 2027.

B. Prime CONTRACTOR Responsibility

Proposals from a consortium of contractors shall be accepted, provided that a prime CONTRACTOR is designated in the proposal and remains solely responsible for fulfillment of the contract with APA.

APA reserves the right to reject CONTRACTOR’s use of any subcontractor. During the term of the contract, no subcontractor will be used without the prior written approval of APA. APA may permit CONTRACTOR to substitute a different subcontractor in case of such rejection. Failure to notify APA of the use of a subcontractor in time to secure APA approval may result in termination for breach.

C. Cost of Preparing Proposal

Costs for developing the proposal are solely the responsibility of CONTRACTOR. APA shall provide no reimbursement for such costs. Any costs associated with any oral presentations to APA shall be the responsibility of CONTRACTOR and shall in no way be billable to APA.

D. Partial Performance

In the event CONTRACTOR fails to comply with the provisions of the contract to the satisfaction of APA, payment under the contract may, at APA’s discretion, be withheld and liquidated damages may be applied as set out in this RFP until such time as the contract terms have been fulfilled. This condition also allows for administrative, contractual, and legal remedies as determined by the Secretary of the Finance and Administration Cabinet or the Attorney General of the Commonwealth where it appears that the CONTRACTOR has violated, breached, or defaulted on the contract.

E. Special Services to be Performed

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CONTRACTOR shall assist APA in carrying out the mandate of 2026 House Joint Resolution 50. As stated above, this will require the CONTRACTOR to conduct the comprehensive study outlined above and draft a report in collaboration with the APA to be issued to the Interim Joint Committee on Families and Children by December 1, 2027.

In addition, the CONTRACTOR shall routinely consult and collaborate with the Kentucky Childcare Advisory Council established under KRS 199.8983 during its analysis and as it develops recommendations for the final report. The CONTRACTOR must seek feedback from the council and shall provide quarterly reports to the Council. The CONTRACTOR, in collaboration with the APA, shall submit a draft report to the Council for review by November 1, 2027.

F. Report to be Delivered to APA

CONTRACTOR shall deliver to the APA for issuance under APA cover the following report and letter by the dates shown:

1. A draft report detailing CONTRACTOR’s study, analysis and recommendations as outlined throughout this RFP shall be furnished to the APA no later than September 1, 2027, or as otherwise agreed upon by both APA and CONTRACTOR.

2. A revised draft report, to include any content resulting from the collaboration with the APA, shall be submitted to the Kentucky Child Care Advisory Council by November 1, 2027.

3. A final report to the Legislative Research Commission shall be submitted to the Interim Joint Committee on Families and Children by December 1, 2027.

G. Conditions for the Development and Presentation of Reports

1. APA staff shall complete a review of CONTRACTOR’s draft reports and study documentation and notify CONTRACTOR of discrepancies, if any, to be corrected. CONTRACTOR shall correct reported discrepancies in a manner and time established by the APA. Failure of CONTRACTOR to correct reported discrepancies in the manner and time established by APA may result in the imposition of liquidated damages under Section 2.00(N) of this RFP, or other damages.

2. CONTRACTOR shall deliver electronic copies of completed study documentation (working papers) with the draft report.

3. If the delivery of the report required by September 1, 2027, is delayed, draft copies of the report completed to that point shall be furnished to the APA by that date.

4. Publication, issuance, and distribution of the draft report to the Kentucky Childcare Advisory

Council and final report to the Joint Interim Committee on Families and Children shall be the responsibility of the APA.

5. Report Formatting Submittal and Specifications. An electronic copy of the report is to be provided to the APA by email attachment or through web access. The final report should be submitted in Word(.doc) format. Additional formatting should include electronic signatures where required.

Times New Roman as the font (both text and spreadsheet) for all documents, spreadsheets, charts, etc., should be included in the document as appropriate.

H. CONTRACTOR’s Responsibilities During the Contract Term

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1. CONTRACTOR shall provide the APA with a client assistance letter designating schedules, reports, and procedures that are required to make the study most efficient.

2. CONTRACTOR shall designate a project manager who shall be the contact with APA. The project manager shall oversee all activities for CONTRACTOR. The project manager shall provide an e-mail address, fax number, and phone number for daily contact purposes.

3. CONTRACTOR shall notify APA of any professional staff assignment changes made by

CONTRACTOR for this study. CONTRACTOR will provide APA written explanation for the change in professional staff assigned to the study and provide a brief biographical sketch detailing the professional experience of the new staff person assigned to this examination. Professional staff assigned as a replacement for this study will have skills and experience that at a minimum are commensurate with the professional staff originally proposed to be assigned to this study. APA reserves the right to approve the assignment of professional staff replacements.

4. CONTRACTOR shall be responsible for becoming familiar with appropriate state laws, regulations, relevant standards and materials, industry best practices, and all other information relevant to conducting a successful comprehensive study required by 2026 House Joint Resolution 50.

5. CONTRACTOR shall be responsible for personnel, supplies, and equipment.

6. CONTRACTOR shall be responsible for all services offered in CONTRACTOR’s proposal whether or not CONTRACTOR provides such services.

7. CONTRACTOR shall have general professional liability insurance or specific professional liability insurance for this study in an amount equal to the contract price and provide APA with proof of this coverage.

8. CONTRACTOR shall be responsible for all material errors and omissions in the performance of the contract.

9. CONTRACTOR shall notify APA in writing when the study begins.

10. CONTRACTOR shall provide a copy of study documentation and work papers to APA at no additional cost.

11. Upon APA’s approval of CONTRACTOR’s draft report, and only subsequent to such approval, CONTRACTOR is responsible for presenting the report to APA, with such material being labelled draft and not subject to public release until such public release is approved by APA.

12. Upon request, CONTRACTOR shall present or discuss findings and recommendations to legislative committees or other appropriate parties.

13. In the event APA does not find CONTRACTOR’s draft report or study documentation acceptable and returns it to CONTRACTOR for further work, CONTRACTOR shall perform the follow-up work within 10 working days, unless otherwise agreed to by APA.

14. The CONTRACTOR shall provide a secure mechanism for the sharing of confidential and protected information throughout the study engagement that ensures that sensitive and/or proprietary data is protected in transit and at rest.

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I. APA’s Responsibilities During the Contract Term

1. APA shall designate a liaison to coordinate activities among APA and CONTRACTOR.

2. APA shall be solely responsible for issuing and distributing all reports under APA cover.

3. APA shall review and comment on CONTRACTOR’s working papers and draft reports.

4. APA shall review and provide written acceptance of the final report and provide payment to CONTRACTOR in accordance with this RFP.

5. APA may attend any study related meetings, interviews, or site visits conducted by

CONTRACTOR.

J. Progress Reports

Upon the request of APA, CONTRACTOR shall attend meetings to discuss the progress of the study and drafting of reports. CONTRACTOR shall submit a monthly progress report to an APA liaison. These reports shall begin one month after the beginning date of the contract and end with the submission of the final report and letters. Each report shall provide a brief synopsis of the study’s progress and a cumulative record of budgeted to actual time by CONTRACTOR’s staff. Each report shall also include any significant issues that may affect CONTRACTOR’s ability to comply with the terms of the contract.

K. Study Documentation

All study documentation (work papers) and reports must be retained, at CONTRACTOR’s expense, for a period of five (5) years unless CONTRACTOR is notified in writing by APA of the need to extend the retention period. CONTRACTOR shall be required to make documentation available, upon request, to APA.

CONTRACTOR may not use work papers, to include survey data and interview transcripts, for any purposes other than this study without the express written permission of the APA.

In addition, CONTRACTOR shall respond to all inquiries of successors.

L. Modifications to Statement of Work

Any modifications to the statement of work or changes in the time necessary to complete the work shall be thoroughly discussed with CONTRACTOR and agreed to in writing by the CONTRACTOR and APA prior to the implementation of any modification or change. If necessary, the contract amount may be amended to reflect such modification or change, which may exceed the cap set out in the cost proposal.

M. Payment for Services

1. Payment Procedures

Payment is predicated upon completion of the described work and APA approval of engagement documentation. Invoices shall be signed and submitted to Shari Scott, Deputy State Auditor, 209 St.

Clair Street, Frankfort, Kentucky, 40601-1817, with adequate supporting documentation, including but not limited to:

a. Period the services cover;

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b. Detail of hours worked with the hourly rate and detail of total hours worked.

All invoices must conform to the requirements of KRS 45A.695(10):

https://apps.legislature.ky.gov/moreinfo/Contracts/PSC%20INVOICE%20FORM.pdf Payment will be made only for hours actually worked.

2. Method of Payment

CONTRACTOR may request up to two payments prior to the completion of the audit. Such payments shall be based on CONTRACTOR’s hourly rate multiplied by the number of hours worked in a month as reflected in CONTRACTOR’s progress reports, except that the maximum that may be invoiced for any one payment shall not exceed one-third of the total contract amount. The APA shall withhold 10 percent of each progress billing plus one-third of the total contract amount until satisfactory completion of the contract terms as described herein has been achieved, as determined by APA.

Every reasonable effort shall be made to provide payments, in accordance with KRS 45.453, to CONTRACTOR within 30 days after receipt of a properly signed and supported invoice.

3. Liquidated Damages

By submitting a proposal in response to this RFP, CONTRACTOR acknowledges that timely performance of the study is necessary to comply with House Joint Resolution 50. CONTRACTOR further acknowledges that actual harm would be caused to the Commonwealth and APA by delay in completion of said contract, and that the amount (but not the existence) of actual loss by APA is not amendable to calculation or proof in a civil action for recovery of same. Therefore, the formula as set out below is deemed reasonable by each party as a means of calculating liquidated damages in the event of delayed completion.

At the discretion of APA, CONTRACTOR may be assessed as liquidated damages for each calendar day or portion thereof after the due date of the audit’s completion (September 1, 2027, or otherwise agreed upon by APA and CONTRACTOR) where it has not been delivered to APA in accordance with the contract or that the engagement remains inaccurate or incomplete and, therefore, not timely submitted.

Damages may be calculated for each day after September 1, 2027, as follows:

Total Contract Amount X 2% = Amount of damages Assessed Per Day.

Example: Calculation of damages for the day September 1, 2027

Total Contract Amount = $3,000

$3,000 X 2% = $60 damages for September 2, 2027

Liquidated damages may be calculated daily for each calendar day after September 1, 2027, that the engagement remains incomplete, inaccurate, or not delivered. Total liquidated damages assessed shall not exceed the Total Contract Amount.

3.00 Evaluation Criteria

The APA shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The APA may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The APA reserves the right to reject all proposals.

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The APA has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

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.

The APA shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible

Responsiveness to RFP:

This criterion refers to an evaluation of the CONTRACTOR’s proposal’s adherence to the technical requirements of this RFP, including in particular the information and documents solicited and the clarity and cohesion of the RFP as a written, consolidated package, and the inclusion of the following information in the proposal itself.

1. A statement that CONTRACTOR is a duly authorized entity qualified to do business within the Commonwealth of Kentucky and to assist in completing the requested comprehensive study.

2. A listing of CONTRACTOR’s professional relationships involving the Commonwealth, any of its component units for the past five years, and any unit of county or local government within the Commonwealth, together with a statement explaining why such relationships do not constitute a conflict of interest in providing assistance to APA. Prior to contract execution, CONTRACTOR may be asked to disclose further information involving relationships with major vendors of the Commonwealth, its components, and any unit of county or local government.

3. A description of CONTRACTOR’s quality control procedures.

4. A statement disclosing whether any government body has taken disciplinary action against the CONTRACTOR (or any subcontractor employed or retained by CONTRACTOR who will work on this engagement) within the past five calendar years, and if so, a detailed explanation of the circumstances of the disciplinary action taken.

5. The proposal should be prepared and presented as a single volume where practical, including supporting documentation.

6. Proposals should be prepared simply and economically, providing a straightforward, concise description of CONTRACTOR’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Repetition of the terms and conditions of this RFP, without additional explanation, will not be considered responsive.

7. The proposal should include a title page stating the RFP subject, name of CONTRACTOR, local address, telephone number, email address, name of contact person, date, and a

200 Points

Document Phase Document Description Page 12 table of contents which clearly identifies material by section and page number.

8. The proposal should include a statement that no cost or pricing information has been included in the technical proposal and that CONTRACTOR’s proposal will remain valid for 90 calendar days after the closing date of the receipt of the proposals.

9. The proposal should include a proposed work plan setting out the study approach that would be used in providing the services required by this RFP, including:

a. Setting study objectives;

b. Study planning and analytical procedures;

c. Documenting and collecting evidence;

d. Conducting interviews and surveys; and

e. Developing a final report.

Ability to Assist APA in Completing a Successful Comprehensive Study:

This criterion refers to an evaluation of CONTRACTOR’s ability to assist APA in completing a successful comprehensive study. The proposal should include:

1. A description of CONTRACTOR’s ability to analyze, identify, and compare the key elements of the study required under this RFP and effectively communicate findings and recommendations in writing.

2. A description of CONTRACTOR’s skill, knowledge, and experience conducting and its resources to be able to conduct extensive statewide surveys and focus groups of relevant stakeholders to obtain relevant and analyze data for comprehensive studies such as the one subject to this RFP. This description should include sample questions that CONTRACTOR would ask Kentuckians within or involved with the childcare industry to achieve the goals of the study.

3. A description of CONTRACTOR’s experience with the opening, regulation, and operation of childcare centers, particularly those operating in the Commonwealth, to include CONTRACTOR’S familiarity with the general guidelines set forth in the most recent edition of the publication, Caring for our Children: National Health and Safety Performance Standards;

Guideline for Early Care and Education Programs.

4. A description of CONTRACTOR’s skill, experience, and knowledge in identifying and its resources to be able to identify relevant federal and Kentucky laws, regulations, policies, standards, and processes (both official and unofficial) governing the licensing and certification of childcare programs. This description should identify specific individuals employed or

400 Points

Document Phase Document Description Page 13 retained by CONTRACTOR with sufficient legal expertise to achieve this specific goal of the study.

5. A description of CONTRACTOR’S experience and knowledge in identifying regulatory burdens on private sector industries and making recommendations for alleviation of the same, to include any knowledge or experience with the regulatory sandbox statute, KRS 15.268, identified in the key elements of this study.

6. A description of CONTRACTOR’S experience and knowledge concerning the operation of outdoor, nature-based early learning and childcare programs.

7. A description of CONTRACTOR’s skill, knowledge, and experience in conducting and its resources to be able to conduct interviews with state and local officials and employees.

8. A description of CONTRACTOR’S ability to identify and survey relevant stakeholders and to create the focus groups that are needed to conduct this survey. CONTRACTOR should list any groups or stakeholders from which it plans to solicit information and input for this study.

9. A description of CONTRACTOR’s experience and knowledge with the operation, regulation and certification of childcare programs in other peer states and the ability to identify key differences and similarities.

10. A description of CONTRACTOR’s familiarity with any responsibilities, obligations, and legal requirements imposed by the federal government on childcare centers.

11. A description of CONTRACTOR’S familiarity and experience with local regulations impacting childcare programs in Kentucky, including land use policies and zoning ordinances.

12. A description of CONTRACTOR’s independence from any contractual relationship with any of the state agencies responsible for the regulation and certification of childcare facilities.

13. A description of any grants or financial resources

CONTRACTOR has or is receiving from any childcare advocacy organization.

14. An example or examples of CONTRACTOR’s other studies conducted, or reports issued, that would be relevant for consideration here, including any published reports or studies that take a position or make recommendations on licensing standards governing childcare facilities or programs.

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15. A description of any other characteristic of CONTRACTOR or a plan by CONTRACTOR to help APA evaluate whether CONTRACTOR can deliver a successful comprehensive study here.

Contractor’s Capacity and Resources:

This criterion refers to an evaluation of CONTRACTOR’s ability to have sufficient technical expertise, staffing levels, data analytics capabilities, logistics, and redundancy in all areas to execute the comprehensive study at issue here with high-quality deliverables, including the final report, by the deadlines set out in this RFP.

1. CONTRACTOR background information covering:

a. Date established;

b. Location of clientele - local, regional, national, or international; and

c. Total number of professional staff.

2. Local office information covering:

a. Location of CONTRACTOR office that will supply staff;

b. Number of partners, managers, supervisors, seniors, and other professional staff employed in CONTRACTOR office that will supply staff; and

c. Brief biographical sketch detailing experience of professional staff who will be assigned to the comprehensive study.

3. The hours proposed by the CONTRACTOR as needed to complete the engagement, with the proposed hours agreeing with those provided in the separate cost proposal.

However, do NOT present cost information in this technical proposal.

4. A work plan, including the examination approach that would be used in providing the services required in this RFP, including, but not limited to, the following approach areas for a service center organization:

a. Setting study timeline;

b. Study planning and analytical procedures;

c. Developing the study plan and program;

d. Documenting and collecting evidence;

200 Points

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e. An advisement of activities unique to the study at issue here and the approach CONTRACTOR intends to use to examine them; and

f. Developing a report.

Contractor’s Personnel Experience:

This criterion refers to an evaluation of the individuals the CONTRACTOR proposes to utilize in managing and performing the study, both as to education and professional training as well as prior successful experience in performing the type of work they would be performing in this comprehensive study.

1. A description of the experience of partners, managers, supervisors, seniors, and other professional staff that will work on the comprehensive study, giving the year, engagement partner, total hours, and the name and telephone number of the principal client contact, as to the criterion outlined in the “Ability to Assist APA in Completing a Successful Comprehensive Study” section above. This section shall include a list of personnel employed or retained who have the legal expertise necessary to ascertain all applicable laws, regulations, and policies that are relevant to this study. This section shall also include a list of personnel employed or retained with the skill, knowledge, and expertise to conduct extensive surveys and focus groups of Kentuckians within the childcare industry and interviews with state and local officials and employees.

200 Points

Evaluation of Contractor:

This criterion refers to an evaluation of CONTRACTOR’s ability to have sufficient technical expertise, staffing levels, data analytics capabilities, logistics, and redundancy in all areas to execute the comprehensive study at issue here with high-quality deliverables, including the final report, by the deadlines set out in this RFP.

1. CONTRACTOR background information covering:

a. Date established;

b. Location of clientele - local, regional, national, or international; and

c. Total number of professional staff.

2. Local office information covering:

a. Location of CONTRACTOR office that will supply staff;

b. Number of partners, managers, supervisors, seniors, and other professional staff employed in CONTRACTOR office that will supply staff; and

c. Brief biographical sketch detailing experience of professional staff who will be assigned to the comprehensive study.

3. The hours proposed by the CONTRACTOR as needed to complete the engagement, with the proposed hours agreeing

200 Points

Document Phase Document Description Page 16 with those provided in the separate cost proposal. However, do NOT present cost information in this technical proposal.

4. A work plan, including the examination approach that would be used in providing the services required in this RFP, including, but not limited to, the following approach areas for a service center organization:

a. Setting study timeline;

b. Study planning and analytical procedures;

c. Developing the study plan and program;

d. Documenting and collecting evidence;

e. An advisement of activities unique to the study at issue here and the approach CONTRACTOR intends to use to examine them; and

f. Developing a report.

Maximum Technical Points Possible 1200 Points

Cost Proposal Evaluation 200 Points

SEE ATTACHMENT A FOR PROPOSAL EXAMPLE

FORM

The same person signing the transmittal letter in the technical proposal shall sign the cost proposal.

The cost proposal shall be for the services requested in this RFP, and shall contain the name of CONTRACTOR and classification, time, and rate information.

Oral Demonstration/Presentation Evaluation, if required

Criteria Maximum Points Possible

Document Phase Document Description Page 17

Oral Demonstration/Presentation The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. Oral Presentations/Demonstrations may be conducted through videoconferencing or by conference call, if it is in the best interest of the Commonwealth to do so. This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

If required, the top 02 highest ranking vendors may be invited. Scheduling will be at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/demonstrations

100 Points

Maximum Points Possible 100 Points

Total Proposal Evaluation

Criteria Maximum Points Possible Technical Proposal 1200

Cost Proposal 200

Oral Demonstrations/Presentations, if required 100

MAXIMUM POINTS POSSIBLE

4.00 Schedule of RFP Activities

The following schedule presents the major activities associated with the RFP distribution, written questions and proposal submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Release of RFP 09/21/2026

Proposals Due by: 3:30 PM EST 10/08/2026

All bidders are cautioned to be aware of the security in the Auditor of Public Accounts located at 209 St. Clair St., Frankfort, Kentucky. All bids shall be time stamped in the Auditor of Public Accounts no later than the due date and time defined in this Solicitation. In person or courier delivered bids in response to this Solicitation shall be delivered to Auditor of Public Accounts, Attn: Jessica Barnes. Delays due to building security checks shall not be justification for acceptance of a late bid.

*NOTE: ALL TIME REFERENCES ARE TO THE EASTERN TIME ZONE.

5.00 Offeror’s Conference

Not Applicable

Document Phase Document Description Page 18

6.00 Point of Contact

The Agency Contact named below shall be the sole point of contact throughout the procurement process.

All communications, oral and written (regular mail, express mail or electronic mail), concerning this procurement shall be addressed to:

Jessica Barnes 209 St. Clair St.

Frankfort, KY 40601 502-209-2912 JessicaM.Barnes@ky.gov

From the issue date of this RFP until a Contractor(s) is selected and the selection is announced; Offerors shall not communicate with any other Commonwealth staff concerning this RFP.

7.00 Questions Regarding this RFP

Questions must be submitted in writing to the Agency Contact. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s eProcurement page.

8.00 Proposal Submission

Hard Copy Proposals

Each qualified offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed.

Failure to submit as specified shall result in a non-responsive proposal.

The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. Signature is not required if proposals are submitted electronically.

Acknowledgment of Addenda

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

Document Phase Document Description Page 19

All submitted technical and cost proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.10 Format of Response

Hard Copy Proposals

A. Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and if applicable the Proprietary Information.

1. The Technical Proposal should include one (1) marked original hard/paper copy technical and number marked technical thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

2. The Cost Proposal should include one (1) marked original hard/paper copy cost and number marked cost thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY).

Do not include embedded documents, hyperlinks or hyperlinks to videos.

3. Any Proprietary Information should include one (1) marked original hard/paper copy proprietary and number marked proprietary data thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

Proposal shall be submitted to the Agency Contact. The outside cover of the package containing the technical proposal shall be marked:

Study of Applicable Law, Policies, and Processes that Directly Impact the Opening and Operation of Licensed and Certified Child Care Centers in the Commonwealth

RFP 2700000079

TECHNICAL PROPOSAL

Name of Offeror

The outside cover of the package containing the cost proposal shall be marked:

Licensed and Certified Child Care Centers in the Commonwealth

RFP 2700000079

COST PROPOSAL

If applicable, the outside cover of the package containing the proprietary shall be marked:

Document Phase Document Description Page 20

Licensed and Certified Child Care Centers in the Commonwealth

RFP 2700000079

PROPRIETARY PROPOSAL

All proposals must be received no later than 3:30 PM EST on October 8, 2026.

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING

INFORMATION IN THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.20 Format of Technical Proposal

The Technical Proposal must be arranged and labeled in the manner set forth below.

Transmittal Letter – a Transmittal letter shall be submitted on Offeror’s letterhead and signed by an agent authorized to bind the Offeror. The Transmittal letter shall include the following:

a. A statement that deviations are included, if applicable.

b. A statement that proprietary information is included, if applicable.

c. A statement that, if awarded a contract as a result of this Solicitation, the Offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640.

d. A sworn statement that, pursuant to KRS 11A.040, that Offeror has not knowingly violated any provisions of the Executive Branch Code of Ethics.

e. A statement certifying that the price in this proposal was arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

f. A statement affirming that the Offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the Office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

g. The name, address, telephone number and email address and website address, if available, of the contract person to serve as a point of contact for day-to-day operations.

h. Subcontractor information to include the name of the company, address, telephone number and contact name, if applicable.

i. Foreign entity’s organization number issued by the Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Completed and Signed Solicitation and Addenda – An authorized representative MUST complete and sign the Solicitation form and include the following:

a. “Vendor” box and “Payment” box should be completed.

Document Phase Document Description Page 21

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

d. Vendor shall provide date the form is completed and signed.

e. Signed face of the most recent Addenda, if applicable.

Signed and Notarized Required Affidavit for Bidders or Offerors - available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Resident Bidder Status need not submit this affidavit.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Qualified Bidder Status need not submit this affidavit.

Response to the Technical Portion of the RFP – Please provide a detailed response to the technical requirements outlined in the Evaluation Criteria. No cost information shall be provided in the technical portion.

8.30 Format of Cost Proposal

The Cost Proposal must be submitted under separate cover from the Technical Proposal and must be arranged and labeled in the manner specified. The proposal with the lowest price receives the maximum score. The remaining proposals 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.

8.40 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition…