Final_RFP_074_2500000267_2_SO_FORM.PDF

Document ID: RFP 074 2500000267 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: 074/BGVC/MENTAL HEALTH SERVICES/3.17.25

Date Issued:

04/15/2025 Record Date:

04/10/2025

Solicitation Closes Date:

04/29/2025 Time:

15:00

Solicitation No:

RFP 074 2500000267

Reason for Modification

Modification to add questions and answers

Online Bidding Prohibited: Yes For Information Call:

Tonya Houchens

Bid Receiving Location:

Radcliff Veterans Center Bid Receiving 100 Veterans Drive

Radcliff KY 40160

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 074 2500000267 Page: 2

Line Items

Commodity Group: Default

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

1 MENTAL HEALTH SERVICES

Comm Code Comm Description Manufacturer Model # Manuf Part #

95262PS PSC-Mental Health Services: Vocational, Residential, Etc.

Extended Description

MENTAL HEALTH SERVICES

Shipping Information Bowling Green Veterans Center

1111 Veterans Way

Bowling Green KY 42101

Billing Information Bowling Green Veterans Center

1111 Veterans Way

Bowling Green KY 42101

Document ID: RFP 074 2500000267 Page: 3

Submission Checklist

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

Item

Revised April 2024

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 9.00 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

Kentucky Department of Veteran Affairs/Robert E. Spiller Bowling Green Veterans Center Mental Health Services

RFP 074 2500000267

Addendum 1

Document Phase Document Description Page 4

2500000267 Final 074/BGVC/MENTAL HEALTH SERVICES/3.17.25 Total Pages: 24 https://www.merriam-webster.com/dictionary/seal https://www.merriam-webster.com/dictionary/seal

This addendum is to answer questions in response to this solicitation. See pages 18.

This document constitutes a Request for Proposals (“RFP”) for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Kentucky Department of Veteran Affairs/Robert E. Spiller Bowling Green Veterans Center.

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, Kentucky Department of Veteran Affairs/ Robert E. Spiller Bowling Green Veterans Center.

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.

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 Robert E. Spiller Bowling Green Veterans Center (“BGVC”) is issuing this Request for Proposal (“RFP”) to provide Mental Health Services directly to BGVC Veterans.

This RFP describes the mandatory and desirable requirements determined to be relevant to the evaluation of an Offeror’s proposal to provide psychological and psychiatric consultation, evaluation, medication recommendation, treatment, care planning, documentation completion, on call consultations, and work directly with the BGVC Medical Director or designee. This also includes working with staff on education and training if needed and other related services for which their profession requires.

2.00 Scope of Work

Veteran Evaluation and Treatment Plans

The duties and services required of Vendor shall include but are not limited to as follows:

Perform psychological and psychiatric examinations and evaluations as needed, based on referrals and consultations with facility medical provider, administrator, social services, and medical staff with approval by the Medical Director.

Complete evaluations, which include a separated diagnostic section, legibly and in a timely manner consistent with standards of care.

Provide medication evaluation and written recommendations for prescribed medication to the facility medical provider.

Document that informed consents have been obtained from the Veterans/responsible parties.

Establishing treatment plans and participate as a member with the Interdisciplinary team (IDT) to develop care plans and be available for care plan meetings when requested.

Within seventy-two (72) hours after being notified by BGVC that a Veteran has been designated to receive services, awarded Vendor will complete and submit a written mental health treatment plan

Document Phase Document Description Page 5

2500000267 Final 074/BGVC/MENTAL HEALTH SERVICES/3.17.25 Total Pages: 24 for the Veteran based on his/her evaluation. All Vendor documentation will be made as part of each Veteran’s chart in our Electronic Medical Records (EMR). This includes Point Click Care (PCC).

Keep BGVC informed of changes and developments in Veteran’s care and treatment recommendations within seventy-two (72) hours of each visit/appointment.

BGVC has the right to call Vendor between visits when there is a mental health issue. Prior to calling Vendor, BGVC will have available Veteran’s charts, (psychiatric medications, diagnoses, laboratory reports, etc.) so Vendor can make decisions and recommendations for an intervention.

Service hours shall be utilized for Veteran evaluations, treatment, observations, contacts, consultations and shall not include travel time to and from facility site. Travel time to BGVC is the responsibility of the Vendor.

Remain available for telephone consultation in the event of a crisis situation (mental health emergency) at all times.

Provide backup coverage when the Vendor is not available.

Create a Partnership with BGVC and foster an environment where we have collaborative communication to benefit the Veterans we serve.

Keep BGVC informed of changes and development in mental health regulations.

Provide education for staff on psychiatric issues and psychotropic medication and work to improve treatment outcomes and/or to enhance staff skills and competencies in behavior management and treatment on a quarterly basis, or as needed.

Be responsible for setting up and scheduling Vendor staff for EMR and PCC training.

Maintain medical malpractice insurance for as long as they remain a Vendor with the BGVC.

Bill BGVC for services provided to those Veterans who are not covered by Medicare or private insurance or when services are not a covered benefit under Medicare Part B or private insurance.

Charges to BGVC will be at a percent discount based on the Medicare allowed rate. Services rendered for BGVC Veterans and billed to BGVC will be billed on a monthly-itemized statement showing date of service, Veteran’s name, service provided, and any extra charges. Statements for services billed to BGVC will be submitted no later than the second week of the month following the date of service. BGVC shall, in no event, be responsible for the collection of any awarded Vendor charges to the Veteran’s Medicare, and/or private insurance carriers. Provide BGVC clinical staff with detailed documentation for any services subsequent to the visit including, but not limited to, any precautions, restrictions, or limitations of Veteran due to said treatment.

Comply with all federal and state vaccination regulations, which includes providing proof of compliance prior to beginning employment and/or providing services.

Comply with facility policies on mandatory training requirements and acknowledgement of such training with their staff.

Keep, maintain, and store all records relating to services rendered in accordance with accepted professional standards and practices, and as many be required by BGVC and by any federal, state, or local government agency.

Follow confidentiality protocols and ensure execution of these protocols with their staff.

Document Phase Document Description Page 6

Under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the final regulations promulgated thereunder as amended from time to time, comply with the applicable provisions including all data, documents, discussion, or other information developed or received by the awarded Vendor or provided for performance of agreement are deemed confidential and shall not be disclosed by awarded Vendor to any other party than the Commonwealth of Kentucky.

All representatives from the services the Vendor provides must have the mandatory background checks required by the OBRA Regulations 483.13(c)(1)(ii); 483.75(b); 483.75(g)(1); 483.75(g)(2).

Vendor must also perform credentialing review on all licensed personnel to ensure they meet the state requirements in their field of practice (This includes checking the OIG and SAM exclusion lists). Vendor is responsible for ensuring none of their employees, representatives, or independent contractors have been suspended, debarred, or excluded or ineligible to participate in federal health care programs, which includes Medicaid and Medicare. This information must be provided if requested by surveyors for Veterans Affairs (VA) and/or Centers for Medicare and Medicaid Services (CMS).

3.00 Evaluation Criteria

The BGVC shall conduct a comprehensive, fair, and impartial evaluation of all proposals.

The BGVC may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The BGVC reserves the right to reject all proposals.

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

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

__ Must provide a copy of current licensure from the state of Kentucky for services provided in this RFP.

__ Must submit copy of credentials.

__ Must provide a current copy of current/active medical malpractice insurance.

__ Must provide verification that you have not been excluded as a Medicare/Medicaid Provider.

Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement.

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

PROPOSALS THAT DO NOT MEET

MANDATORY REQUIREMENTS WILL BE

Pass/Fail

Document Phase Document Description Page 7

DEEMED NON-RESPONSIVE AND WILL

NOT BE CONSIDERED.

Provide response time to BGVC when services are requested.

Submit a resume of professional education and experience of staff who will be providing services to BGVC Veterans.

Submit a document with history of time licensed in Mental Health Services.

Provide a report that documents any disciplinary or corrective action taken against you at any time during the last three (3) years by licensing or regulatory authorities. If you have none, please supply a document that states that fact.

Provide one (1) copy of your professional background report from the National Practitioner Data Bank

Provide documentation as to the number of years with direct service experience in long- term care setting with geriatrics.

Provide a document that details your plan to provide backup coverage for regularly scheduled visits and during times when you must be absent due to illness, vacation, etc. which will guarantee coverage in your absence.

Provide a document that details your plan and ability to provide consultation on an emergency basis 24 hours a day, 7 days a week.

Provide a copy of a recent psychiatric assessment of a geriatric resident from a skilled nursing facility prepared by you, with suitable editing to remove all identifying information of the client.

Provide in writing the average number of visits the Vender would perform per Veteran until Veteran is deemed stable.

Provide a sample copy of a detailed billing invoice that will be used if contract is awarded.

Maximum Points Possible 1500

Cost Proposal Evaluation

Criteria Maximum Points Possible Vendor will bill BGVC Veterans’ Medicare and private insurance carrier(s) at the appropriate allowable Medicare reimbursement rate. Provider will bill BGVC for services not billable to Medicare or private insurance carrier(s) at a ____% discount based on the appropriate allowable Medicare rate. Please provide the amount of discount you will offer. Scored based on the amount of discount given.

Maximum Points Possible 600

Document Phase Document Description Page 8

Oral Demonstration/Presentation Evaluation, if required

Criteria Maximum Points Possible

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 two (2) 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.

Maximum Points Possible 200 Total Proposal Evaluation

Criteria Maximum Points Possible Technical Proposal 1500

Cost Proposal 600

Oral Demonstrations/Presentations, if required 200

MAXIMUM POINTS POSSIBLE 2300

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 3/25/25

Written Questions due by: 3:00PM EST TIME 4/8/25

Anticipated Commonwealth Response to Written Questions 4/15/25

Proposals Due by: 3:00PM EST TIME 4/29/25

All bidders are cautioned to be aware of the security in the Carl M. Brashear Radcliff Veterans Center located at 100 Veterans Drive, Radcliff, Kentucky. All bids shall be time stamped at the Radcliff Veterans Center front desk 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 Jason Gumm, BGVC Administrator. Delays due to building security checks shall not be justification for acceptance of a late bid.

Document Phase Document Description Page 9

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

5.00 Offeror’s Conference

Not Applicable

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:

Tonya Houchens 270-535-5471 Tonya.Houchens@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.

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 10

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 by mail or hand-delivered in-person or courier-delivered to the following address:

Attn: Jason Gumm, BGVC Administrator, Carl M. Brashear Radcliff Veterans Center, 100 Veterans Drive, Radcliff, Kentucky 40160.

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

Mental Health Services

RFP 074 2500000267

TECHNICAL PROPOSAL

Name of Offeror

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

RFP 074 2500000267

COST PROPOSAL

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

Document Phase Document Description Page 11

RFP 074 2500000267

PROPRIETARY PROPOSAL

All proposals must be received no later than 3:00PM EST on 4/29/2025.

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 of 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, 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, 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.

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.

Document Phase Document Description Page 12

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 Regulation 52.209-5, the Offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Offeror and/or its Principal(s) is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

For the purposes of this certification, “Principals”, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions).

9.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

Offerors should review and comply with the General Conditions and Instructions for Solicitation/ Contract listed under “Response to Solicitation” located on the eProcurement web page at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

9.10 Technical Proposal Evaluation

Document Phase Document Description Page 13

2500000267 Final 074/BGVC/MENTAL HEALTH SERVICES/3.17.25 Total Pages: 24 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The BGVC will evaluate the proposal based on the technical portion of the Evaluation Criteria.

Each Offeror 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 Offeror. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance in the last twelve (12) months may be found non-responsive and ineligible for award.

9.20 Cost Proposal Evaluation

The BGVC will evaluate the proposal based on the cost portion of the Evaluation Criteria.

9.30 Right to Reject/Waiver of Minor Irregularities

The Commonwealth reserves the right at its discretion to reject any and all offers. The Commonwealth also reserves the right at its discretion to waive informalities and minor irregularities in offers received.

9.40 Clarification of Proposals

The Commonwealth reserves the right at its discretion to request additional information as may reasonably be required for selection and to reject any proposals for failure to provide additional information on a timely basis.

The Commonwealth reserves the right to conduct discussions with any Offeror who has submitted a proposal to determine the Offeror’s qualifications for further consideration. Such discussions shall not disclose any information derived from proposals submitted by other Offerors.

9.50 Best and Final Offers

The Commonwealth reserves the right at its discretion to request a Best and Final Offer (BAFO) for technical and/or cost proposals. Offerors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any Offeror will be allowed an opportunity to submit a Best and Final technical and/or cost offer.

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information, and general content of proposals to be submitted in response to the RFP. BGVC shall not disclose any portions of the proposals prior to contract award to anyone outside BGVC, representatives of the agency for whose benefit the contract is proposed, representatives of the federal government, if required, and the members of the evaluation committee. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any and all documents submitted by an Offeror in response to the RFP shall be available for public inspection after contract award pursuant to the Kentucky Open Records Act, KRS 61.870 to 61.884 (“the Act”). When responding to a request to inspect records submitted in response to this RFP, the Commonwealth will not redact or withhold any information or documents unless the records sought are exempt from disclosure pursuant to KRS 61.878 or other applicable law. Similarly, no such documents shall be exempt from public disclosure, regardless of the Offeror’s designation of the information contained therein as “proprietary,” “confidential,” or otherwise, except in cases where the requested documents (or information contained therein) would be excluded from application of the Act under KRS 61.878(1)(c).

The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right.

Document Phase Document Description Page 14

9.70 Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

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 the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The BGVC 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.

As part of its response, a nonresident bidder shall submit its certificate of authority to transact business in the office of 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 Qualified Bidder or the Department of Corrections, Division of Prison Industries (200 KAR 5:410)

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

(15) percent of the maximum points awarded to a bidder in a solicitation. New Vision Industries, Inc., 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). Any bidder claiming “qualified bidder” status, other than New Vision Industries, Inc., shall submit a notarized affidavit affirming that it meets the requirements to be considered a qualified bidder as part of its response to the solicitation (affidavit form included as part of this RFP). If requested, failure to provide documentation proving qualified bidder status to a public agency, if requested, may result in disqualification of the bidder or contract termination.

9.80 Negotiation

After conducting the evaluation to determine the best proposal received, the BGVC reserves the right to negotiate a fair and reasonable compensation based on the pricing submitted in the Offeror’s proposal. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, the BGVC reserves the right to proceed to the next highest ranked proposal. Other terms and conditions relating to the technical and/or cost proposals may be negotiated at the sole discretion of the Commonwealth.

9.85 Best Interests of the Commonwealth

The Commonwealth will rank all proposals in the manner set forth in the Evaluation Criteria.

However, the Commonwealth reserves the right to reject any or all proposals in whole or in part before, during, or after negotiation based on the best interests of the Commonwealth.

Document Phase Document Description Page 15

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

To view the award of contract(s), including the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service Site at:

https://vss.ky.gov

Offerors can search for the solicitation title or number in the keyword search field or filter their search for only awarded solicitations by clicking on “Advanced Search” and changing the status to “awarded.” The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the Offeror’s responsibility to review this information in a timely fashion. No other notification of the results of an Award of Contract will be provided to unsuccessful Offerors.

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee. The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the Contractor’s offer in response to the Solicitation, indicated by the issuance of a Contract Award, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments.

5. Any Best and Final Offer.

6. Any clarifications concerning the Contractor’s proposal in response to the Solicitation.

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above.

10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from 6/1/2025 through 6/30/2026.

This agreement is not effective until the Secretary of the Finance and Administration Cabinet or his/her authorized designee has approved the Contract and until the Contract has been filed with the Legislative Research Commission, Government Contract Review Committee.

The Commonwealth reserves the right to renew this contract for up to two (2) additional two (2) year periods.

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Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or his/her authorized designee, and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705.

10.40 Changes and Modifications to the Contract

Pursuant to 200 KAR 5:311, no modification or change of any provision in the Contract shall be made or construed to have been made unless such modification is mutually agreed to in writing by the Contractor and the Commonwealth and incorporated as a written amendment by the BGVC prior to the effective date of such modification or change. Modification shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or his/her authorized designee, and the LRC Government Contract Review Committee. Memoranda of Understanding, written clarification, and/or other correspondence shall not be construed as amendments to the Contract.

10.50 Notices

Unless otherwise instructed, all notices, consents, and other communications required and/or permitted by the Contract shall be in writing. After the award of the Contract, all communications of a contractual or legal nature are to be made to the Agency Contact.

Questions and Answers

Please note that this RFP is for a brand new facility in Bowling Green, KY.

1. After reviewing the RFP, I wanted to confirm whether bids from locum tenens or staffing agencies would be accepted, or if you are strictly looking for direct coverage. Bids from locum tenens or staffing agencies will be accepted.

2. What specifically are you looking for? See Section 2.00 Scope of Work.

3. What is the bill rate? See Section 2.00 Scope of Work.

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Personal Service Contract Standard Terms and Conditions Revised August 2024

Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and

Whereas, the second party, the Contractor, is available and qualified to perform such function; and

Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party;

NOW THEREFORE, the following terms and conditions are applicable to this contract:

1.00 Effective Date

This contract is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the contract and until the contract has been submitted to the Legislative Research Commission, Government Contract Review Committee (“LRC”). However, in accordance with KRS 45A.700, contracts in aggregate amounts of $10,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes.

KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head if the agency has been granted delegation authority by the Secretary.

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

2.00 Renewals

Upon expiration of the initial term, the contract may be renewed in accordance with the terms and conditions in the original solicitation. Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet or his authorized designee and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705, and contingent upon available funding.

3.00 LRC Policies

Pursuant to KRS 45A.725, LRC has established policies which govern rates payable for certain professional services. These are located on the LRC webpage https://apps.legislature.ky.gov/ moreinfo/Contracts/homepage.html and would impact any contract established under KRS 45A.690 et seq., where applicable.

4.00 Choice of Law and Forum

This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

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5.00 EEO Requirements

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

6.00 Cancellation

The Commonwealth shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the Contractor by registered or certified mail.

7.00 Funding Out Provision

The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the Contractor thirty (30) calendar days’ written notice of termination of the contract due to lack of available funding.

8.00 Reduction in Contract Worker Hours

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts.

If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the agreement will be reduced by the amount specified in that document. If the contract funding is reduced, then the scope of work related to the contract may also be reduced commensurate with the reduction in funding. This reduction of the scope shall be agreeable to both parties and shall not be considered a breach of contract.

9.00 Authorized to do Business in Kentucky

The Contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded.

The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof.

Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010: to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response.

If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 , the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

Businesses can register with the Secretary of State at:.

https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

10.00 Invoices for fees

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2500000267 Final 074/BGVC/MENTAL HEALTH SERVICES/3.17.25 Total Pages: 24 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474 https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

The Contractor shall maintain supporting documents to substantiate invoices and shall furnish same if required by state government. The invoice must conform to the method described in Section V of this contract.

Pursuant to KRS 45A.695, no payment shall be made on any personal service contract unless the individual, firm, partnership, or corporation awarded the personal service contract submits its invoice for payment on a form established by the committee.

*Invoice form is available on the Legislative Research Commission, Government Contract Review Committee website: https://apps.legislature.ky.gov/moreinfo/Contracts/homepage.html

11.00 Travel expenses, if authorized

The Contractor shall be paid for no travel expenses unless and except as specifically authorized by the specifications of this contract or authorized in advance and in writing by the Commonwealth.

The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth.

12.00 Other expenses, if authorized herein

The Contractor shall be reimbursed for no other expenses of any kind, unless and except as specifically authorized within the specifications of this contract or authorized in advance and in writing by the Commonwealth.

If the reimbursement of such expenses is authorized, the reimbursement shall be only on an out-of-pocket basis. Request for payment of same shall be processed upon receipt from the Contractor of valid, itemized statements submitted periodically for payment at the time any fees are due. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth.

13.00 Purchasing and specifications

The Contractor certifies that he/she will not attempt in any manner to influence any specifications to be restrictive in any way or respect nor will he/she attempt in any way to influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and the following paragraph that pertains to conflict-of interest laws and principles, "he/ she" is construed to mean "they" if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then "he/she" is construed to mean any person with an interest therein.

14.00 Conflict-of-interest laws and principles

The Contractor certifies that he/she is legally entitled to enter into this contract with the Commonwealth of Kentucky, and by holding and performing this contract, he/she will not be violating either any conflict of interest statute (KRS 45A.330-45A.340, 45A.990, 164.390), or KRS 11A.040 of the executive branch code of ethics, relating to the employment of former public servants.

15.00 Campaign finance

The Contractor certifies that neither he/she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The Contractor further swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the company which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the

Document Phase Document Description Page 20 company which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

16.00 Access to Records

The state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

17.00 Protest

Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective vendors in connection with the solicitation or selection for award of a contract.

Any actual or prospective vendor, who is aggrieved in connection with the solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and, in any event, within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed to:

Holly M. Johnson, Secretary Commonwealth of Kentucky Finance and Administration Cabinet Office of the Secretary 200 Mero Street, 5th Floor Frankfort, KY 40622 The Secretary of Finance and…