Final_RFP_310_2500000031_1_SO_FORM.PDF

Document ID: RFP 310 2500000031 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Legal Services for KY Board of Veterinary Examiners

Date Issued:

08/09/2024 Record Date:

07/29/2024

Solicitation Closes Date:

09/04/2024 Time:

14:00

Solicitation No:

RFP 310 2500000031

Online Bidding Prohibited: No 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 2500000031 Page: 2

Line Items

Commodity Group: Default

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

1 Legal Services for KY Board of Veterinary Examiners

Comm Code Comm Description Manufacturer Model # Manuf Part #

96149PS PSC-Legal Services, Attorneys

Extended Description The KBVE is seeking the firm/individual to dedicate 40-60 hours per month dependent on the issues facing the KBVE and its various Committees.

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 2500000031 Page: 3

Submission Checklist

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

Item Technical Proposal Cost Proposal Oral Demonstrations/Presentations, 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

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2500000031 Final Legal Services for KY Board of Veterinary Examiners

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 Legal Services

RFP-310-2500000031

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”) invites responses to this Request for Proposals (RFP) from qualified individual(s) or Firm(s) interested in providing legal services as Legal Counsel to the Board. KBVE intends to consider Firms and/or individuals who possess the professional and administrative capabilities to provide the scope of work detailed below.

2.00 Scope of Work

KBVE is seeking the firm/individual to dedicate 40 – 60 hours per month dependent on the issues facing the KBVE and its various Committees; if there is a high volume of grievance cases or cases in Franklin Circuit Court, the hours of work required may increase slightly. In addition to providing legal representation for the Kentucky Board of Veterinary Examiners, Staff, and Committees, the KBVE Attorney shall perform the following functions:

1. Performs legal research and communicates the results to the KBVE executive director and Members of the Board.

2. Drafts and/or reviews contracts, agreements, and memorandums of understanding, such as settlement agreements, letters of admonishment, orders for administrative hearings, requests for proposals (RFPs), memorandums of agreement (MOAs), personal services contracts (PSCs), and other legal documents on behalf of the KBVE.

3. Reviews, analyzes, drafts, and revises statutes, regulations, policies, procedures, manuals, correspondence, and other memoranda for the KBVE and its various Committees to ensure they are coherent, enforceable, and consistent with State and Federal law; advises the KBVE executive director, Board Chairperson, and Committees when revisions and changes need to be made.

4. Researches, interprets, and applies laws, court decisions, and other legal authority in the preparation of opinions and correspondence; prepares written legal opinions upon request of the KBVE executive director and Board Chairperson.

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5. Drafts or provides input on drafts of statutes, regulations, policies, agreements, and resolutions, as well as responses to open records requests (ORRs) for the KBVE executive director, Board Chairperson, and Committee Chairpersons; explains the foregoing to all parties, and answers questions related thereto.

6. Analyzes legislation, including proposed State and Federal legislation, affecting the KBVE and the veterinary community in Kentucky. Advises on requirements and procedures under KRS Chapter 13A and 13B.

7. Handles litigation-related matters including drafting, discovery, court attendance, mediation, investigation, hearings and trials, and similar activities as directed by the KBVE, and representing the KBVE and its employees in litigation before the courts until the matter is completed, concluded, withdrawn, or assigned to new counsel by KBVE.

8. Prepares for and attends the Kentucky Board of Veterinary Examiners meetings, KBVE Grievance Committee meetings, and other board, committee, and stakeholder meetings of the KBVE as assigned. These meetings typically occur at the offices of the Kentucky Board of Veterinary Examiners or at another location as designated by the Board or the KBVE Executive Director.

9. Arranges for court reporters for use in investigations, administrative hearings, depositions, and other instances, as needed or requested by the KBVE.

10. Reviews case files, advises KBVE Grievance Committee Members and executive director on legal issues, and prepares correspondence and appropriate case summaries as directed by KBVE for complainants and respondents in KBVE grievance cases; reviews materials with Grievance Committee Members to ensure factual accuracy; and reviews correspondence with KBVE executive director prior to issuance. Upon request by KBVE executive director or KBVE Chairperson, advises KBVE investigators/inspectors on proper investigative procedures.

11. Advises on interagency agreements for the KBVE to include contract review, interagency communications, negotiations, and litigation.

12. As needed, supports or advises the Board’s Members and KBVE executive director in discussions with members of the General Assembly.

13. Attends and participates in monthly meetings, or as scheduled, with the KBVE executive director.

14. Performs other such duties as directed by the KBVE executive director or Board Chairperson.

15. Agrees the KBVE executive director shall review and, if appropriate, approve in writing in advance the use of any attorney other than the Contractor or the attorney(s) identified within the RFP response prior to the commencement and billing of any work for the KBVE.

16. Agrees that any and all information obtained by the Contractor in connection with the preparation of board action or litigation is the property of KBVE and will not be divulged or used in any manner except by the specific written direction of the KBVE.

The attorney/firm awarded a contract (the “Contractor”) with the KBVE will be required to attend KBVE Board Meetings in at the offices of the Board or another location as designated by the Board for the duration of each meeting, of which there are typically a minimum of six (6) each year.

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2500000031 Final Legal Services for KY Board of Veterinary

Committee Meetings typically occur on the same day as regularly scheduled Board meetings, but may additionally be scheduled between Board meetings. The full meeting schedule is available annually on the Board’s 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. 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 must furnish their own vehicle, computer, printer, cell phone, and email address from which to conduct business, and check the designated business email on a regular schedule (i.e., at least once per day, but more often if required for meetings or investigations). The Contractor should plan to 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 investigators.

The Contractor should plan to receive direction and assignment from and be available for regular consultation with the KBVE executive director, KBVE Chair and Vice Chair, and as needed with Members of the KBVE Grievance Committee or other Members of the Board. 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 Contractor shall not be paid for travel expenses except as specifically authorized by the specifications of this Contract or authorized in advance and in writing by the KBVE executive director. Copies of itemized receipts must be submitted for airline tickets, hotel bills, restaurant charges, rental car charges, and any other miscellaneous expenses. The Contractor shall choose lodging that is the most economical, as determined by considering location of the lodging. KBVE will not reimburse charges for alcohol, nor for gratuities in excess of 20%. Meal receipts must 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 will be reimbursed at current state rates as listed on https:// finance.ky.gov/services/statewideacct/Pages/travel.aspx.

The Contractor shall be reimbursed for court reporter services upon invoicing the KBVE, and only after final transcripts are received from the court reporter services.

The Contractor shall pay upfront for all related expenses and will be subsequently reimbursed for reasonable meals, mileage, pre-approved lodging, etc., provided copies of 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.

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.

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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 License(s) to Practice Law in Kentucky

Bids received without this information will be considered non-responsive.

a) Respondent must be licensed to practice law in the Commonwealth of Kentucky.

Respondent shall provide the license number.

b) For other jurisdictions of licensure, respondent shall provide the current license number, jurisdictions of licensure, dates of licensure, current licensure status, and if there has ever occurred any formal discipline against the license.

Pass / Fail

Requirements for Technology, Transportation, and Physicality

a) Respondent will be required to travel to locations within the Commonwealth to meet with board members, respondents and complainants and their attorneys, as necessary and as directed.

This would include traveling to interview complainants, respondents, and witnesses, when requested, and board meetings. Provide a written statement indicating ability to comply with this mandatory requirement.

b) Provide a statement declaring Respondent’s understanding that the following items are the responsibility of the Contractor and will not be

Pass/Fail

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2500000031 Final Legal Services for KY Board of Veterinary provided by the KBVE or the Commonwealth of Kentucky:

# Vehicle, # Computer, # Internet Access, # Dropbox account, # Printer, ink, and paper, # Cell phone, and # Email address.

Organization, Size, Structure, and Areas of Practice

The Respondent should describe in a detailed statement its organization in terms of the following:

# Size and structure, (5/50 pts) # Areas of practice, (25/50 pts) # Office location(s) (15/50 pts) # Small or minority-owned business (5/50 pts)

50 points

Attorney Qualifications

The Respondent should separately attach a detailed narrative of the qualifications of attorney(s) to be assigned to the representation. Descriptions should include:

a) Professional and education background of each attorney who will work on KBVE matters.

(25/100 pts)

b) Overall supervision to be exercised. (10/100 pts)

c) Prior experience of the individual attorneys with respect to the required experience listed above. (50/100 pts)

d) Include resumes or CVs only of attorneys likely to be assigned to the representation. Education, position in firm, years and types of experience, and continuing professional education will be considered. (15/100 pts)

100 points

Qualifications of Firm, specifically as they relate to services described in the scope of work above

a) The Respondent should describe in a detailed narrative experience related to the areas outlined in the scope of services above.

100 points

Qualifications of Firm, general experience

a) The Respondent should have a minimum five

(5) years’ experience in the practice of law.

(75/600 pts)

600 points

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2500000031 Final Legal Services for KY Board of Veterinary

b) The Respondent should provide a description of any experience:

i. Advising governmental organizations comparable to the KBVE that offer similar programs and government#funded services (100/600 pts);

ii. Advising and drafting language for filings under KRS Chapters 13A and 13B (75/600 pts);

iii. Working in the Franklin Circuit Court system, including administrative appeal experience (75/600 pts);

iv. Working with complex corporate litigation (75/600 pts); and

v. If these types of experience are not part of the Respondent’s personal resume, any connections with other firms that (100/600 pts):

a. Would allow The Respondent to do this type of work (50/600 pts);

b. Provide details of the other firm’s experience and their expertise in each area (40/600 pts); and

c. Include resumes or CVs only of attorneys likely to be assigned to the representation. Education, position in firm, years and types of experience, and continuing professional education will be considered (10/600 pts).

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

a) The Respondent should describe its ability to meet deadlines imposed by:

i. The courts (75/400 pts); and

ii. The client (225/400 pts).

b) The Respondent should provide a timeline of activities for at least eight (8) representative cases mediated within the last three (3) years.

(100/400 pts)

400 points

Availability

An estimated maximum 720 hours annually (12 month period) will be required to perform the legal services required in this RFP.

a) Provide the total number of hours, up to a maximum of 720 hours, respondent is available to provide services during a given 12-month period (10/50 pts).

50 points

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2500000031 Final Legal Services for KY Board of Veterinary

b) Provide a written statement to be available for all scheduled KBVE Board Meetings and meetings of the KBVE Grievance Committee (15/50 pts).

c) Provide a written statement about availability for monthly legal counsel meetings with the board executive director, as scheduled in advance (10/50 pts).

d) Provide a written statement about availability for other meetings which may arise from time to time, including meetings with licensees, other agencies, and private organizations as directed by the KBVE executive director or Chairperson (15/50 pts).

Understanding of KBVE Statutes and Regulations

a) Provide a statement identifying the statutory and regulatory chapters governing the practices of veterinary medicine in Kentucky.

25 points

Writing Skills

a) Provide three (3) technical writing samples of the Respondent’s own work, which may include Notice of Administrative Hearing documents, Memorandum of Agreement, or Settlement Agreements. (200/600 pts)

b) Provide two (2) examples of appellate brief writing. (200/600 pts)

c) Provide two (2) samples of written correspondence related to casework. (200/600 pts)

600 points

Professional references

a) Provide at least two (2) professional references from clients for which similar work has been performed. Do not provide references from work associated with the Kentucky Board of Veterinary Examiners.

100 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 2,125 points

Cost Proposal Evaluation

Criteria Maximum Points Possible Hourly Rate 100 points

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2500000031 Final Legal Services for KY Board of Veterinary

Provide an hourly rate for time worked under this contract. Time shall be billed in 1/8 hour increments.

Home / Office Location

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 200 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 2,125 points

Cost Proposal 200 points

Oral Demonstrations/Presentations, if required 500 points

Total Points

2,825 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.

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2500000031 Final Legal Services for KY Board of Veterinary

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

Electronic Proposals

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 .

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2500000031 Final Legal Services for KY Board of Veterinary Examiners 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

Electronic Proposals

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-310-2500000031

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-310-2500000031

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

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Total Pages: 27 mailto:Finance.CRCGroup@ky.gov should be named in the following manner: Proprietary – Name of offeror

RFP-310-2500000031

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.

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.

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Examiners 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 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

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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/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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 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.

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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 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.

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CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

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

https://vss.ky.gov

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

10.10 Beginning of Work

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

10.20 Contract Components and Order of Precedence

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

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

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

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

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

10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from 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.

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Examiners

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.

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2500000031 Final Legal Services for KY Board of Veterinary

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.

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Examiners

Total Pages: 27 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.