Final_RFP_310_2500000029_1_SO_FORM.PDF

Document ID: RFP 310 2500000029 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: KBVE Investigative Services

Date Issued:

08/09/2024 Record Date:

07/29/2024

Solicitation Closes Date:

09/04/2024 Time:

14:00

Solicitation No:

RFP 310 2500000029

Online Bidding Prohibited: Yes For Information Call:

Jennifer Spencer 502-782-5203

Bid Receiving Location:

Public Protection - Office of the Secretary

500 Mero Street, 2nd Floor

Frankfort KY 40601

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFP 310 2500000029 Page: 2

Line Items

Commodity Group: Default

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

1 KY Board of Veterinary Examiners- Investigative Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

99052PS PSC-Investigative Services

Extended Description The Kentucky Board of Veterinary Examiners is authorized by KRS 321.235 to conduct investigations of licensees and certificate holders of the Board and facilities, as well as unlicensed persons, to determine whether a violation of the Veterinary Medicine Practice Act, KRS Chapter 321, has occurred.

Therefore, the Board is issuing this RFP to seek the services of one or more qualified person(s) to provide investigative services for routine inspections, monitoring of horse and livestock sales, and complaints and grievances received.

Shipping Information Public Protection - Office of the Secretary

500 Mero Street, 2nd Floor

Frankfort KY 40601

Billing Information KY Board of Veterinary Examiners Michelle Shane 4047 Iron Works Pkwy, Suite 104

Lexington KY 40511

Document ID: RFP 310 2500000029 Page: 3

Submission Checklist

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

Item Proposed Technical Solution Proposed Cost Solution Oral Demonstration/Presentation, if required

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

Document Phase Document Description Page 4

2500000029 Final KBVE Investigative Services Total Pages: 27 https://www.merriam-webster.com/dictionary/seal https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Kentucky Board of Veterinary Examiners KBVE Investigative Services

RFP-310-2500000029

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 Board of Veterinary Examiners.

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 Kentucky Board of Veterinary Examiners (KBVE, or “Board”) is authorized by KRS 321.235 to conduct investigations of credential holders of the KBVE, as well as unlicensed persons, registered facilities and facilities operating without registrations, to determine whether a violation of the Kentucky Veterinary Medicine Practice Act, KRS Chapter 321, has occurred. Therefore, KBVE is issuing this RFP to seek the services of one or more qualified person(s) to provide investigative services for routine inspections and investigations, including assignments related to complaints and grievance cases.

2.00 Scope of Work

The KBVE is seeking to hire one or more qualified individuals to serve as an investigator/ inspector(s) for the Board. Duties of the qualified investigator/inspector shall include:

1. Reviewing testimony and veterinary medical records;

2. Interviewing complainants, respondents, and other witnesses, which may include representative legal counsel;

3. Inspecting records and documents;

4. Submitting written investigative reports in an approved format to the KBVE Executive Director in a timely manner for review by the KBVE Grievance Committee;

5. Assisting in building case files;

6. Preparing and delivering testimony in administrative hearings or in court under the direction of KBVE legal counsel and KBVE executive director;

7. Helping individuals understand the requirements of the Kentucky Veterinary Medicine Practice

Act and associated regulations as interpreted by the Board;

8. Periodic and as requested visits to KBVE-certified animal control agencies to ensure proper controls are in place for controlled substances housed onsite, documenting compliance or deficiencies, and working with control agency staff on remedial measures;

9. Conducting inspection and investigations related to special permittees, equine sales, veterinary facilities, allied animal health professional (AAHP) facilities, and unlicensed work, as assigned; and

10. Other duties as assigned.

Document Phase Document Description Page 5

KBVE estimates the work required by the board shall be 600 hours or less per fiscal year (12-month period) for each year of the contract.

The qualified candidate shall have a minimum of five (5) consecutive years of experience as a licensed veterinarian or licensed veterinary technician to have sufficient understanding of veterinary medicine to conduct case reviews and investigations. The Respondent shall hold either a veterinarian or veterinary technician license from the KBVE for at least 12-months immediately prior to application. Additionally, the qualified candidate shall maintain KBVE licensure in good standing with the KBVE for the duration of the contract.

As part of the qualifications evaluation, the KBVE shall require an in-person interview.

The individual(s) awarded a contract (the “Contractor”) with the KBVE shall be required to attend KBVE Board Meetings, as assigned, and each KBVE Grievance Committee Meeting for the duration of each meeting, of which there are a minimum of six (6) each year. Committee Meetings typically occur on the same day as regularly scheduled Board meetings, but may additionally be scheduled between Board meetings. The full Board meeting schedule is available annually on the KBVE website at https://kbve.ky.gov/about-kbve/Pages/board-meetings.aspx.

The KBVE shall provide digital access to KBVE grievance case files and other pertinent KBVE files. KBVE shall reimburse the Contractor for the cost of basic subscription service to the Board’s file sharing service upon submission of a receipt for the purchase of a subscription. KBVE requires the Contractor ensure copies of all final correspondence or filings on behalf of the board are conveyed to the KBVE executive director to be retained in board files.

The Contractor shall furnish their own vehicle, computer, printer, and cell phone from which to conduct business. KBVE shall provide a state email address. The Contractor shall check the designated business email on a regular schedule (i.e., at least once per week, but more often if required for meetings or investigations). The Contractor shall receive direction and assignment from the KBVE Executive Director, and be available for consultation with the KBVE Chair, Members of the KBVE Grievance Committee, other Members of the Board, and KBVE legal counsel.

The Contractor shall be required to communicate regularly with the KBVE Executive Director on assignments, and in advance of facilities inspections. The Contractor shall be required to attend (either virtually or in-person) periodic staff meetings, typically on a monthly basis. The Contractor shall be required to submit all reports in a timely manner, by the deadlines as assigned, and in a format approved by the KBVE Executive Director.

The KBVE shall pay for training and travel related expenses for the awardee(s) to attend an Investigator School of the KBVE’s designation. The training shall be in-person, and travel out-of-state for a period of approx. five (5) days shall be required. This training shall be completed within six (6) months of the initial contract, or as soon as practicable as negotiated with the KBVE Executive Director based on available course offerings. A new training course shall only be required if the required training has not already been completed by the Contractor within the last five (5) years from the date of the RFP response, or as determined by the KBVE Executive Director.

The Contractor shall not be paid for travel expenses except as authorized by the specifications of this Contract or authorized in advance and in writing by the KBVE Executive Director. Copies of itemized receipts shall be submitted for airline tickets, hotel bills, restaurant charges, rental car charges, and any other miscellaneous expenses. The Contractor shall choose lodging that is economical, as determined by considering location of the lodging. KBVE shall not reimburse

Document Phase Document Description Page 6 charges for alcohol, nor for gratuities in excess of 20%. Meal receipts shall be itemized to be eligible for reimbursement. The Contractor shall use the most economical, standard transportation available and the most direct and usually-traveled routes. Mileage shall be reimbursed at current Commonwealth of Kentucky mileage reimbursement rates as listed on https://finance.ky.gov/ services/statewideacct/Pages/travel.aspx.

The Contractor shall pay upfront for all related expenses and shall be subsequently reimbursed for reasonable meals, mileage, pre-approved lodging, etc., provided copies of itemized receipts are submitted with the invoice. Work done at the hourly rate shall be invoiced in 1/8 hour increments.

Such expenses shall be invoiced to the KBVE along with hourly rate billing, typically by July 30, September 30, November 30, January 31, March 31, May 31, and June 25.

The Contractor shall be responsible for paying their own taxes, and shall not receive any other benefits, healthcare or otherwise, from the KBVE.

The Contractor shall be required to sign an ethics agreement and a confidentiality agreement.

3.00 Evaluation Criteria

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

The Kentucky Board of Veterinary Examiners 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 Kentucky Board of Veterinary Examiners shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

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

Current Veterinary or Veterinary Technician Licensee (Pass / Fail) -- MANDATORY

REQUIREMENT --

a) Respondent shall have a minimum of five

(5) consecutive years of experience as a

Pass / Fail

Document Phase Document Description Page 7 licensed veterinarian or licensed veterinary technician to have sufficient understanding of veterinary medicine to conduct case reviews and investigations.

b) The Respondent shall hold either a veterinarian or veterinary technician license from the KBVE for at least 12-months immediately prior to application. Additionally, the qualified candidate shall maintain KBVE licensure in good standing with the KBVE for the duration of the contract.

Requirements for Technology, Transportation, and Physicality -- MANDATORY

REQUIREMENT--

a) Respondent shall be required to travel to various locations within the Commonwealth to conduct investigations as necessary and as directed.

This shall include traveling to interview complainants, respondents, and witnesses, with possible legal representation, when requested, as well as travel to facilities inspections. Provide a statement describing the Respondent’s ability to comply with this requirement.

Pass / Fail

Requirements for Technology, Transportation, and Physicality -- MANDATORY

REQUIREMENT--

a) Respondent shall be required to attend board and committee meetings at the offices of the Kentucky Board of Veterinary Examiners or at another location in Kentucky as designated by the Board or the KBVE Executive Director. Provide a written statement indicating compliance with this mandatory requirement, and specify the regions of the Commonwealth the respondent is able to cover, or if statewide coverage is an option.

Pass / Fail

Requirements for Technology, Transportation, and Physicality -- MANDATORY

REQUIREMENT--

a) Provide a statement declaring the Respondent’s understanding that the following items are the responsibility of the Contractor and shall not be provided by the KBVE or the Commonwealth of Kentucky:

*Vehicle, *Computer, *Printer, ink, and paper, and

Pass / Fail

Document Phase Document Description Page 8

*Cell phone.

Qualifications, specifically as they relate to timely completion of assigned work

a) The Respondent in a detailed narrative needs to describe their ability to comply with the scope of work as described in this RFP. (125/200 pts)

b) The Respondent in a detailed narrative needs to describe their ability to meet deadlines imposed by KBVE. (75/200 points)

200 points

Past Performance/Relevant Experience –

Include a detailed resume or CV. Resume or CV needs to include, but not be limited to

# Education, (10/100 pts) # Training and work experience, (25/100 pts) # A list of investigative experience (if any), (25/100 pts) # Number of years as a licensed veterinarian and/or licensed veterinary technician, (5/100 pts)

# Species of practice (e.g., small animal, large animal, equine, mixed, exotics, etc.), (15/100 pts)

# Type(s) of practice (e.g., private, corporate, relief, military, academia, etc.), (10/100 pts) and

# A list of all current and previous jurisdiction(s) of licensure, including for each jurisdiction the license number, date of licensure, and current licensure status (e.g., active, inactive, expired, etc.) (10/100 pts).

100 points

Reputation/Past Disciplines

(a) Provide a statement that is an accurate declaration of any and all disciplinary actions against the Respondent on any and all licenses by the KBVE or other jurisdictional boards for any professional license held. (50/150 pts)

(b) If any disciplinary actions occurred, provide a clear and legible copy of documents related to the case, including final settlement agreements or official correspondence. (25/150 pts)

(c) Submit the original, official results of an FBI Identity History Summary background check by selecting either 1) the Online option (Electronically Submit Your Request Directly to the FBI) or 2) the Mail option (Submit Your Request Directly to the FBI via the Mail) from the options listed at https://www.fbi.gov/how-we-can-help-you/

150 points

Document Phase Document Description Page 9 more-fbi-services-and-information/identity-history-summary-checks. The results must be dated no more than six (6) months prior to the date of the Respondent’s bid. (75/150 pts)

NOTE: Use of FBI Channelers are not an allowable option.

Results shall be delivered to the Respondent and the Respondent shall forward the results upon receipt to the Agency Contact listed in this RFP. Respondent shall indicate in the RFP response the date the background check request was made to the FBI.

NOTE: The KBVE reserves the right to rescind an offer to a bidder based on the contents of the background check results or if the Board learns of information in conflict with the bidder’s licensing history.

Availability

a) An estimated 600 hours annually in the fiscal year (12 month period) could be required to perform the investigative services required in this RFP. Provide a statement detailing the total number of hours, up to a maximum of 600 hours, respondent is available to provide services during each 12-month period. (25/50 pts)

(b) Provide a statement about availability for training at an Investigator School of the KBVE’s choosing, or a statement indicating the date of last training if the training has already been received. The required training shall be (or have been) in-person. Travel out-of-state for a period of approx. five (5) days shall be required if the training has not yet been completed. This training shall be completed within six (6) months of the initial contract, or as soon as practicable as negotiated with the KBVE Executive Director based on available course offerings. (25/50 pts)

50 points

Understanding of KBVE Statutes and Regulations and KBVE Chain of Command –

a) Provide a statement identifying the statutory and regulatory chapters governing veterinary medicine in Kentucky. (75/200 pts)

b) Provide a statement indicating the Respondent’s understanding of KBVE Chain of Command.

(125/200 pts)

200 points

Document Phase Document Description Page 10

Writing Skills

a) Provide two (2) technical writing samples of the respondent’s own work. If the Respondent has previous investigative services experience, the two (2) sample(s) provided shall be of written investigative reports, redacted as necessary.

(100/200 pts)

b) Provide a written statement about the respondent’s approach to the presentation of evidence and interviews in a written report.

(100/200 pts)

200 points

Team Work

a) Provide a statement about the respondent’s ability to work with and coordinate assignments with the KBVE Executive Director and other KBVE investigators.

100 points

Customer Service

a) Provide a written statement about the respondent’s approach to interviewing.

(100/200 pts)

b) Provide a written statement about the respondent’s views on impartiality during inspections. (100/200 pts)

200 points

Adherence to RFP Instructions

a) Answer all questions thoroughly and accurately.

(50/100 pts)

b) Fully address all points listed in the Scope of Work section. (50/100 pts)

Maximum Points Possible 1,300 points

Cost Proposal Evaluation

Criteria Maximum Points Possible Hourly Rate

a) Provide an hourly rate for time worked under this contract. (150/200 pts) NOTE: While in travel status (i.e., “windshield time”), no hourly rate shall be paid; the contractor shall only accrue reimbursable mileage.

200 points

Document Phase Document Description Page 11

b) Provide a statement about the respondent’s ability to responsibly accrue billable hours.

(25/200 pts)

c) Provide a statement about the respondent’s ability to coordinate multiple stops in regional areas. (25/200 pts)

Home / Office Location

a) Provide the home base or office address location from which contract operations shall primarily occur, and from which travel mileage shall typically be calculated.

Maximum Points Possible 300 points

Oral Demonstration/Presentation Evaluation, if required

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 three (3) 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

500 points

Maximum Points Possible 500 points

Total Proposal Evaluation

Technical Proposal 1,300 points

Cost Proposal 300 points

Oral Demonstrations/Presentations, if required 500 points

Document Phase Document Description Page 12

MAXIMUM POINTS POSSIBLE 2,100 points

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 8/09/2024

Written Questions due by: 12:00 pm EDT 8/16/2024

Anticipated Commonwealth Response to Written Questions 8/27/2024

Proposals Due by: 2:00 pm EDT 9/04/2024

All bidders are cautioned to be aware of the security in the Mayo Underwood Building located at 500 Mero Street, Frankfort, Kentucky. All bids shall be time stamped in the Public Protection Cabinet 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 the Public Protection Cabinet. Delays due to building security checks shall not be justification for acceptance of a late bid.

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

5.00 Offeror’s Conference

Not Applicable.

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:

Jennifer Spencer Public Protection Cabinet - Office of Administrative Services 500 Mero Street

2 NC WK# 6

Frankfort, KY 40601 502-782-5203 jennifer.spencer@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.

Document Phase Document Description Page 13

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

Acknowledgment of Addenda

It is the vendor's responsibility to check the web site for any modifications to this solicitation.

Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

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

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 one (1) 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 one (1) 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 one (1) marked proprietary data thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

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

KBVE Investigative Services

RFP-310-2500000029

Document Phase Document Description Page 14

TECHNICAL PROPOSAL

Name of Offeror

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

KBVE Investigative Services

RFP-310-2500000029

COST PROPOSAL

Name of Offeror

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

KBVE Investigative Services

RFP-310-2500000029

PROPRIETARY PROPOSAL

Name of Offeror

All proposals must be received no later than 2:00 pm EDT on September 04, 2024.

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.

Document Phase Document Description Page 15

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.

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

Document Phase Document Description Page 16

2500000029 Final KBVE Investigative Services Total Pages: 27 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

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 Kentucky Board of Veterinary Examiners 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.

9.20 Cost Proposal Evaluation

The Kentucky Board of Veterinary Examiners 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. The Kentucky Board of Veterinary Examiners shall not disclose any portions of the proposals prior to contract award to anyone outside the Kentucky Board of Veterinary Examiners, 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

Document Phase Document Description Page 17 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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 RP 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 Kentucky Board of Veterinary Examiners 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 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

Document Phase Document Description Page 18 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 Kentucky Board of Veterinary Examiners 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 Kentucky Board of Veterinary Examiners 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:

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.

Document Phase Document Description Page 19 https://vss.ky.gov

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 September 25, 2024 through June 30, 2026.

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 Kentucky Board of Veterinary Examiners 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.

Document Phase Document Description Page 20

Personal Service Contract Standard Terms and Conditions Revised April 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.

Document Phase Document Description Page 21 https://apps.legislature.ky.gov/moreinfo/Contracts/homepage.html

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…