Final_RFP_139_2400000083_1_SO_FORM.PDF

Document ID: RFP 139 2400000083 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: EEC Medical Surveillance Services

Date Issued:

11/01/2023 Record Date:

10/24/2023

Solicitation Closes Date:

11/30/2023 Time:

15:30

Solicitation No:

RFP 139 2400000083

Online Bidding Prohibited: No For Information Call:

Robin Uphoff 502-782-6053

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFP 139 2400000083 Page: 2

Line Items

Commodity Group: Default

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

1 EEC Medical Surveillance Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

948PS PSC-HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 95

Extended Description Solicitation for EEC Medical Surveillance Services and immunizations.

Shipping Information

Billing Information EEC Office of Administrative Services

300 Sower Blvd, 3rd Floor

Frankfort KY 40601

Document ID: RFP 139 2400000083 Page: 3

Submission Checklist

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

Item

Revised March 2023

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

_____ REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

APPLICABLE - Section 21.00 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

Document Description Page 4

2400000083 EEC Medical Surveillance Services https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSALS

FOR

PERSONAL SERVICE CONTRACT

Energy and Environment Cabinet Medical Surveillance Services

RFP-139-2400000083

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, Energy and Environment Cabinet (EEC).

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

In accordance with the Code of Federal Regulations (CFR), 29 CFR Sections 1910.120, 1910.134, 1910.95, 1910.1450, 1910.1030, as promulgated by 803 KAR Chapter 2, 49 CFR Sections 391.41- 49 and 30 CFR Section 49.7, the EEC is required to provide medical examinations, monitoring and immunizations to employees covered by these standards.

Approximately 260 employees under these standards will be required to have a medical examination before initiating work and on an annual or bi-annual basis, to verify that their physical status is acceptable to perform the work required by the Energy and Environment Cabinet.

Therefore, the objective of this RFP is to make awards to qualified Bidders which deliver medical surveillance services that represent the best overall value to the EEC while meeting or exceeding the specifications and requirements of this RFP.

Please note that the number of employees included in any medical program or services varies with time and circumstances of employment and the numbers presented should not be construed as an absolute guarantee of the service requirement levels.

The Energy and Environment Cabinet reserves the right to award multiple personal service contracts from this solicitation.

2.00 Scope of Work

The Energy and Environment Cabinet seeks a medical organization to provide required medical examinations, monitoring and immunizations to employees. Therefore, the EEC requests to establish a contract for Medical Surveillance Services.

The Bidder should have a thorough understanding of occupational medicine. The selected medical organization will be required to provide necessary physical examinations, medical tests, and laboratory studies as well as provide written reports of significant findings, medical limitations/restrictions, and other related services to the EEC.

2.01 Document Review

The following are publicly available documents that Bidders should review in order to prepare and submit accurate and comprehensive bid proposals:

Available at the Occupational Safety and Health Administration web site: www.osha.gov

# 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

# 29 CFR 1910.134 Respiratory Protection

# 29 CFR 1910.1001 Asbestos

Document Description Page 5 http://www.osha.gov

# 29 CFR 1910.1018(n) Arsenic

# 29 CFR 1910.1028(i) Benzene

# 29 CFR 1910.1030(f) Bloodborne Pathogens

# 29 CFR 1910.1003 Carcinogens

# Add 29 CFR 1910.1001 Hazardous Chemicals in Laboratories

2.02 Exams

The Bidder shall provide the following medical services to employees:

Medical Surveillance In accordance with the Code of Federal Regulations (CFR), 29 CFR Sections 1910.120, 1910.134,

1910.1001 and other standards requiring medical surveillance, as promulgated by 803 KAR Chapter 2, the Energy and Environment Cabinet is required to provide medical surveillance examinations and immunizations to employees covered by these standards which includes employees involved in: (a) hazardous waste mitigation, (b) jobs requiring the use of respirators (c) emergency response services and

(d) other jobs which could expose employees to potential hazards.

The Medical Surveillance Program (MSP) is necessary in order to assess and monitor employee’s health status and fitness for duty prior to assignment to fieldwork and during employment, as well as monitor any short term and long term effects of exposure during the course of employment. Such services meet the requirements of OSHA standards.

Approximately 260 employees will require Medical Surveillance examinations either annually or bi-annually.

The Bidder shall perform Medical Surveillance Examinations in the following situations:

1. Baseline Examination The Bidder shall provide a physical examination to employees designated by EEC for an initial baseline examination prior to being assigned to a work activity or area where respirators are required to be worn or in occupations where known potentially hazardous exposures to OSHA regulated hazards exist. A baseline examination shall be done once, while a medical surveillance examination on an individual could be repeated on an annual or biennial cycle.

2. Periodic/Annual Examination The Bidder shall provide periodic/annual examinations of employees as often as the examining licensed health care provider or relevant regulatory standard requires (annually, but no less than bi-annually). The date of the re-examination should fall on or close to the anniversary of the previous examination date.

Any employee who has not participated in potentially hazardous work or who is no longer required to wear a respirator during the 12-month period following their last annual examination, and who is not expected to continue to participate, may discontinue in the medical surveillance as determined by EEC personnel and the employee’s Supervisor.

3. Exit Examination Where applicable, at separation of employment the employee who was enrolled in the Medical Surveillance Program will be offered an examination by the Bidder. In addition, where applicable, when change of duties in which exposure to a regulated hazard will be reduced to a level where the covered employee will no longer need to be enrolled into the Medical Surveillance Program, an employee will receive an examination.

In some circumstances the exit examination will be waived if in recent months a periodic examination took place. Individual regulatory standards outline acceptable timeframes for this waiver.

4. Special/Emergency Examination (Situational) If situations arise in which an employee may have experienced a hazardous exposure or has signs or symptoms related to exposure the Bidder shall provide special/emergency examinations to assess the medical effects of any chemical, biological and/or physical exposure incident. The content of the examinations shall be determined by the examining physician based upon the nature

Document Description Page 6 of exposure and medical findings. Additional blood and/or urinalysis based on a specific exposure type may be required under this type of examination.

EEC shall perform the following functions:

1. Coordinate with Cabinet leadership to determine which employees should be included in the MSP;

2. Schedule examinations on behalf of employees with the Bidder;

3. Inform employees of scheduled appointments;

4. Provide copies of required forms, including patient registration and medical history forms and other required questionnaires to employees;

5. Provide the Bidder with required federal standards and appendices for various examination types;

6. Determine which employees will be offered an exit medical examination;

7. Preserve and maintain medical records of each employee for at least the duration of employment plus 30 years in accordance with OSHA Standards 1910.1020.

8. Review reported employee exposures to determine if a medical examination is required by federal standards;

9. Arrange for a follow-up appointment, in the event of an adverse reaction to immunization, as necessary;

10. Reconciliation of invoices received.

The Bidder shall provide medical surveillance examinations for designated employees. While physical examination content shall be determined by the examining physician employed by the Bidder, all examinations shall include, at a minimum:

1. An employee’s medical and occupational history with special emphasis on symptoms related to the handling of hazardous substances, job related physical stress and fitness for duty;

2. Measurement of resting heart rate, blood pressure and respiration;

3. Audiogram;

4. Visual Acuity testing;

5. Blood tests which include complete blood count, electrolytes, liver and renal function, cholesterol, triglycerides, glucose and uric acid;

6. Urinalysis (microscopic);

7. Posterior-anterior and lateral chest x-ray; B reader certified - baseline, three (3) years after baseline and every ten years thereafter or more frequently if medically appropriate;

8. Electrocardiogram (EKG—baseline, at age 40, and every 5-6 years thereafter or more frequently if medically necessary;

9. Biological Monitoring – Refers to the collecting and analyzing of blood, urine, or other body fluids to look for evidence of chemical hazards in the workplace. Necessity, content and frequency to be determined by the examining physician in conjunction with EEC based upon exposures, employee health, scientific literature and other medically relevant factors;

10. Hepatitis A vaccine shall be administered with the baseline examination (if not already vaccinated). A vaccination series of two injections at intervals of: Day 0 and 6-18 months;

11. Hepatitis B vaccine shall be administered with the baseline examination (if not already vaccinated). A vaccination series of three injections at intervals of: Day 0, 1 month and 6 months; and

12. Tetanus toxoid plus diphtheria booster (Td) shall be administered with the baseline examination (if not already vaccinated) and every 10 years thereafter.

Respirator Medical Evaluation In addition to the minimum physical examination content the Bidder will also provide an annual Respirator Medical Evaluation to those employees who are assigned a respirator to perform their job duties. This additional exam content shall, at a minimum, include:

1. Evaluation of a completed OSHA Respirator Medical Evaluation Questionnaire (as found in 29 CFR 1910.134 Appendix C);

2. Pulmonary function testing (spirometry) which includes measurement of the employee’s forced vital capacity (FVC) and forced expiratory volume at one second (FEV1); and

3. Posterior-anterior and lateral chest X-ray; B reader certified.

Physician’s Written Opinion

Document Description Page 7

The examining physician employed by the Bidder shall complete a Physician’s Written Opinion Form for all medical surveillance examinations. The EEC shall review Bidder Written Opinion Form to ensure completeness of content and functionality.

The Bidder shall email the completed Physician’s Written Opinion to EEC within ten (10) business days following the completion of all examinations, receipt and review of any related test results, and immunizations or vaccination series.

The Bidder shall provide the completed Physician’s Written Opinion to the employee within ten (10) business days following the completion of all examinations, receipt and review of any related test results, and immunizations or vaccination series.

The Physician’s Written Opinion must contain the following:

1. The results of the medical examination.

2. The physician’s opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of exposure-related disease.

3. Any recommended limitations on the employee or the use of personal protective equipment.

4. A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions related to work exposures that require further explanation or treatment.

5. This written opinion must not reveal specific findings or diagnoses unrelated to work exposures, and a copy of the opinion must be provided to the affected employee.

The examining physician shall also inform the employee receiving services of any medical conditions and abnormalities found during the examination and also provide the employee a copy of all laboratory results and inform the employee of any medical condition or abnormality indicated by the test results.

2.03 Exam Locations

EEC has offices located in the following counties:

Adair, Bell, Boone, Boyd, Christian, Daviess, Fleming, Floyd, Franklin, Harlan, Henderson, Hopkins, Jefferson, Laurel, Madison, Marshall, McCracken, Morgan, Perry, Pike, Rowan, Taylor, and Warren.

Bidder should provide office location(s) that serve one or more of the counties listed above within a 2-hour drive.

2.04 Notification of Employee Attendance

The Bidder shall notify the EEC via email when employees scheduled for services do not attend their scheduled examination, immunization and/or testing. This notification shall be performed on a weekly basis.

2.05 HIPAA Compliance

The Bidder shall, at all times, in performance of this contract, ensure that it maintains compliance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

2.06 Records Management

The Bidder shall maintain medical records of all employees receiving health services for the duration of their agreement. The Bidder shall be responsible for coordinating the transfer of existing employee exposure and medical records from the incumbent contractor. No medical records shall be transferred, relocated, or destroyed without prior written notification and approval of EEC and the employee. The Bidder shall ensure that medical records are held in a confidential manner apart from all other personnel records in accordance with the Americans with Disabilities Act and OSHA Standard 1910.1020.

2.07 Consultation Services

The Bidder shall make available consultation services, to provide advice and direction to EEC’s Medical Surveillance Program and aide in maintaining compliance. The extent of the consultation services shall be determined in conjunction with EEC and will be provided on a per hour bases. The Bidder shall provide such consultation services with content, location, date, and time to be determined by the EEC as needed.

2.08 Responsibilities of Bidder

The Bidder shall be responsible for the following:

1. Conducting medical surveillance exams which include the exam content as specified within this Scope of Work.

Document Description Page 8

2. Shall guarantee a wait time of no more than one (1) hour for employees of the EEC.

3. The Bidder shall remit via email the completed Physician’s Written Opinion following the completion of a medical surveillance examination, receipt and review of any related test results, and immunizations or vaccination series within ten (10) business days to EEC.

4. The Bidder shall email or mail the completed Physician’s Written Opinion to the employee within ten (10) business days following the completion of a medical surveillance examination, receipt and review of any related test results, and immunizations or vaccination series.

3.00 Evaluation Criteria

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

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

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement:

Must provide proof that the medical professionals on staff are included on the National Registry for Certified Medical Examiners and licensed to practice medicine in the Commonwealth of Kentucky.

The Bidder must disclose any disciplinary actions filed against the professional within the past 5 years.

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 DEEMED NON-

RESPONSIVE AND WILL NOT BE CONSIDERED.

Pass/Fail

Experience of Bidder on Contracts of Similar Size and Scope: The bidder should provide a comprehensive listing of contracts of similar size and scope that it has successfully completed, as evidence of the bidder’s ability to successfully complete the services required by this RFP. Emphasis should be placed on contracts that are similar in size and scope to the work required by this RFP. A description of all such contracts should be included and should show how such contracts relate to the ability of the Bidder to

Document Description Page 9 complete the services required by this RFP. For each such contract, the bidder should provide two names and telephone numbers of individuals for the other contract party. Beginning and ending dates should also be provided for each contract.

Experience of Medical Professional: Provide MD’s or Nurse Practitioner’s professional credentials. This should include any awards or honors they may have received, or any other information that can be provided through the Kentucky Board of Medical Licensure.

Years Practicing Medicine: Provide number of years the medical professional has been practicing medicine (especially for tests specifically mentioned within the scope of work). Please state the exact number of years that each medical professional has practiced medicine.

Availability of Office Locations: Provide available office Location(s), as well as a list of the counties with EEC offices that could be served within a 2-hour drive.

Scheduling/Reporting: Provide details on available scheduling/reporting systems and/or processes to be used by EEC agencies, to schedule exams, receive results/report, and assist in monitoring employee status for compliance.

Maximum Points Possible 600

Cost Proposal Evaluation

Proposed Cost: Complete Cost Proposal Form - Attachment A

Maximum Points Possible 300

Oral Demonstration/Presentation Evaluation, if required

Oral Presentations/Demonstrations:

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.

Document Description Page 10

If required, the top four (4) 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 100

Total Proposal Evaluation

Technical Proposal 600 Cost Proposal 300 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 11/01/23 Written Questions due by: 3:30 PM 11/06/23 Anticipated Commonwealth Response to Written Questions 11/17/23 Proposals Due by: 3:30 PM 11/30/23

All proposals shall be submitted online through the Kentucky Vendor Self Service System.

https://vss.ky.gov

*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:

Robin Uphoff 300 Sower Blvd, Frankfort KY, 40601 Phone: 502-782-6053 Robin.Uphoff@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

Document Description Page 11

2400000083 EEC Medical Surveillance Services mailto:Robin.Uphoff@ky.gov

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

Proposals shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service System.

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

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov .

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing.

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. Instructions “How to Submit an Online Response for a Business Opportunity” are posted to Kentucky’s Vendor Self Service, https://vss.ky.gov . If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

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

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

8.10 Format of Response

Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary.

1. Proposals must be submitted electronically in the eProcurement System, Kentucky Vendor Self Service site.

a. The Technical Proposal shall be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Technical – Name of offeror RFP number

Document Description Page 12 https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

b. The Cost Proposal shall be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Cost – Name of offeror RFP number

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Proprietary – Name of offeror RFP number

All proposals must be received no later than 3:30 PM, November 30th, 2023.

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 Description Page 13

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 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 Principals 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

The EEC 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-responsible and ineligible for award.

Document Description Page 14 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

9.20 Cost Proposal Evaluation

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

Offeror shall only provide cost on the attached Cost Proposal Form; otherwise, the proposal may be deemed non-responsive.

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. The EEC, Office of Administrative Services shall not disclose any portions of the proposals prior to contract award to anyone outside the EEC, Office of Administrative Services, 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.

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 EEC reserves the right to request documentation supporting a

Document Description Page 15 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 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 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 EEC 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 EEC 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.

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:

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.

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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 01/01/2024 through 06/30/2024.

This agreement 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 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.

Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this 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 EEC 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 this 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.

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The Protection of Personal Information Security Breach Investigation Procedures and Practice Act (KRS 61.931)

Vendors that receive Personal Information as defined by and in accordance with Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931, et seq., (the “Act”), shall secure and protect the Personal Information by, without limitation, complying with all requirements applicable to non-affiliated third parties set forth in the Act.

“Personal Information” is defined in accordance with KRS 61.931(6) as “an individual’s first name or first initial and last name; personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements:

a. An account number, credit card number, or debit card number that, in combination with any required security code, access code or password, would permit access to an account;

b. A Social Security number;

c. A taxpayer identification number that incorporates a Social Security number;

d. A driver’s license number, state identification card number or other individual identification number issued by an agency;

e. A passport number or other identification number issued by the United States government; or

f. Individually Identifiable Health Information as defined in 45 C.F.R. sec. 160.103 (of the Health Insurance Portability and Accountability Act), except for education records covered by the Family Education Rights and Privacy Act, as amended 20 U.S.C. sec 1232g.”

As provided in KRS 61.931(5), a “non-affiliated third party” means “any person that has a contract or agreement with the Commonwealth and receives (accesses, collects or maintains) personal information from the Commonwealth pursuant to the contract or agreement.”

The vendor hereby agrees to cooperate with the Commonwealth in complying with the response, mitigation, correction, investigation, and notification requirements of the Act.

The vendor shall immediately notify as soon as possible, but not to exceed seventy-two (72) hours, the contracting agency, the Office of Procurement Services, the Commonwealth Office of Technology and the NG-KIH Program Office of a determination of or knowledge of a breach, unless the exception set forth in KRS 61.932(2)(b)2 applies and the vendor abides by the requirements set forth in that exception.

The vendor hereby agrees that the Commonwealth may withhold payment(s) owed to the vendor for any violation of the Identity Theft Prevention Reporting Requirements.

Document Description Page 18

The vendor hereby agrees to undertake a prompt and reasonable investigation of any breach as required by KRS 61.933.

Upon conclusion of an investigation of a security breach of Personal Information as required by KRS 61.933, the vendor hereby agrees to an apportionment of the costs of the notification, investigation, and mitigation of the security breach.

In accordance with KRS 61.932(2)(a) the vendor shall implement, maintain, and update security and breach investigation procedures that are appropriate to the nature of the information disclosed, that are at least as stringent as the security and breach investigation procedures and practices established by the Commonwealth Office of Technology:

http://technology.ky.gov/ociso/Pages/ InformationSecurityPolicies,StandardsandProcedures.aspx

Document Description Page 19 http://technology.ky.gov/ociso/Pages/InformationSecurityPolicies,StandardsandProcedures.aspx http://technology.ky.gov/ociso/Pages/InformationSecurityPolicies,StandardsandProcedures.aspx

Personal Service Contract Standard Terms and Conditions Revised June 2023

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.

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.