Document ID: RFP 523 2200000181 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Advanced Practice Registered Nurse Campbell RJDC

Date Issued:

04/07/2022 Record Date:

2022-04-01

Solicitation Closes Date:

4/7/22 Time:

15:00

Solicitation No:

RFP 523 2200000181

Reason for Modification

Modification #1 March 29, 2022

Modification to close RFP in the best interest of the Commonwealth as stated in section 9.95 of the RFP.

Change to 4.00 Schedule of RFP Activities to reflect cancellation. Change to Proposal Submission to reflect cancellation.

Changes Include:

Online Bidding Prohibited: Yes For Information Call:

Jessica Barnes 502-892-3587

Bid Receiving Location:

Department of Juvenile Justice Bid Clerk 1025 Capital Center Dr Bldg #3 - 3rd 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.

Document ID: RFP 523 2200000181 Page: 2

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFP 523 2200000181 Page: 3

Line Items

Commodity Group: Default

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

1 Nursing Services by contract

Comm Code Comm Description Manufacturer Model # Manuf Part #

94864PS PSC-Nursing Services

Extended Description The successful vendor shall provide Advanced Practice Registered Nurse Services as requested to youth in Department of Juvenile Justice custody at the Campbell Regional Juvenile Detention Center. Additionally, the vendor shall provide basic physicals for newly appointed staff.

Shipping Information DJJ - Campbell Regional Juvenile Detention Center

590 Columbia Street

Newport KY 41071-1115

Billing Information DJJ - Fiscal Branch

1025 Capital Center Drive Bldg #3 - 3rd Floor Frankfort KY 40601

Document ID: RFP 523 2200000181 Page: 4

Submission Checklist

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

Item Per RFP Technical Evaluation Criteria.

Provide cost per hours in whole dollars for APRN Services Oral Presentation-Optional

Revised October 2021

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 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 8.20 of this RFP

_____ TRANSMITTAL LETTER – Section 8.10 of this RFP

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

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

_____ REQUIRED AFFIDAVIT(S) – Section 8.10 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

Modification #1 March 29, 2022

Modification to close RFP in the best interest of the Commonwealth as stated in section 9.95 of the RFP.

Change to 4.00 Schedule of RFP Activities to reflect cancellation. Change to Proposal Submission to reflect cancellation.

Changes Include:

1. 4.00 Schedule of RFP Activities date

2. Proposal Submission date

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Document Description Page 5

2200000181 Advanced Practice Registered Nurse Campbell RJDC https://www.merriam-webster.com/dictionary/seal

JUSTICE AND PUBLIC SAFETY CABINET / DEPARTMENT OF JUVENILE JUSTICE

ADVANCED PRACTICE REGISTERED NURSE

Campbell Regional Juvenile Detention Center

RFP-523-2200000181

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish the services described herein for the Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Juvenile Justice.

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

Vendors are invited to submit a proposal, in accordance with the requirements of the RFP for the provision of Advanced Practice Registered Nurse (APRN) services to be performed by an Advanced Practice Registered Nurse (APRN) at the Kentucky Justice and Public Safety Cabinet, Department of Juvenile Justice at Campbell Regional Juvenile Detention Center. This RFP is specific to the provision of nursing services to the Department of Juvenile Justice and pre-existing agreements with other agencies of the Commonwealth may not be utilized for the purposes of this solicitation.

Under KRS 15A.305(1) and KRS 15A.065 (1)(d), the Department of Juvenile Justice operates preadjudication detention facilities for children charged with public offenses and post adjudication treatment facilities and services for children adjudicated delinquent or found guilty of public offenses or as youthful offenders. These facilities serve male & female youth typically aged 12 to 18. The programs are specifically for youths that have exhibited sophisticated delinquency patterns and/or emotional disturbances over a period.

In accordance with KRS 605.110 (1) (b), the Department of Juvenile Justice is obligated to provide or contract for medical care or treatment for youth committed to or in the custody of Department of Juvenile Justice. Department of Juvenile Justice, as appropriate, is authorized by KRS 200.115 (1) and may pay for such care and treatment, as it deems necessary for the well-being of any child committed to it, including medical expenses for such children committed to its care and custody. All Department of Juvenile Justice operated facilities require medical services with oversight by a Director of Medical Service. Each facility has a nurse on staff, basic first aid, and a medical station on site. The Department of Juvenile Justice seeks on-site Advanced Practice Registered Nurse services to comply with its statutory obligations.

2.00 Scope of Work

The successful vendor shall provide Advanced Practice Registered Nurse services as requested to youth in Department of Juvenile Justice custody at the Campbell Regional Juvenile Detention Center. Additionally, the vendor shall provide basic physicals for newly appointed staff.

Duties and Responsibilities (shall include, but are not limited to):

- Performing routine physical examinations of youths within seven (7) days of admission to the facility to be held at the facility where the youth is housed;

- Performing physical examinations as needed to determine if a youth requires immediate medical attention;

- Providing follow-up and management for medical problems such as asthma, seizure disorder, allergies of youth;

- Prescribing of medications for youths as necessary;

Document Description Page 6

2200000181 Advanced Practice Registered Nurse Campbell RJDC https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43958 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46873 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20120

- Ordering and reviewing labs or x-rays when indicated;

- Monitoring of immunization records;

- Reviewing and making any necessary referrals;

- Monitoring vitals and body mass index (BMI);

- Completion of all reports required in the performance of medical services;

- Assure proper communication with facility medical staff, regarding any perceived needs of the youth within the scope of work. The vendor will have access to and is encouraged to contact the Medical Director for any issues or concerns they may have;

- Assure communication with facility medical staff, regarding short notice absences (i.e. sick call), or any foreseeable or unexpected alteration in schedule;

- Signing in and out of the facility in the Visitor Log;

- Collecting relevant information and participation in Quality Assurance efforts with facility/ facilities, quarterly meetings with Facility Administration, and periodic in-service meetings with facility staff;

- Providing a copy of all documentation to the Department of Juvenile Justice to place in the youth’s medical file.

- Perform basic staff physicals for all new hires.

- Be available in person or via telecommunication for all required meetings.

Work Location and Schedule

The successful vendor shall provide services at the facility for a minimum of three to five hours a week on a regular scheduled basis. This schedule may be subject to change upon approval of Medical Director and may vary based on facility census. The vendor shall work with the medical staff and superintendent of the facility to set the schedule to assure all requirements of the RFP are met.

The vendor is not required to keep the exact same hours; however, s/he must ensure the set hours work for the medical staff of the facility. This schedule must be set at least one month in advance to allow the medical team to make appropriate adjustments. The vendor shall communicate changes that are planned within two weeks of the effective date. Invoices for hours worked will be signed by facility staff and sent for final approval to the medical director.

Any unplanned absence notification shall be made as soon as the vendor is aware that s/he will not be able to report to work and preferably no later than three hours prior to the vendors' scheduled start time. Notification shall be made to the nurse administrator or the facility supervisor via email or phone.

Unless under pre-approved arrangement or negotiation, the vendor must be available to provide phone consultation to the facility nurse and other staff as needed. There may be times when telehealth options are appropriate, however this should not replace the weekly in person visits and must have pre-approval from the medical director prior to such visits.

All technology and equipment will be on site for the provider to utilize, however each provider shall bring their own stethoscope.

Provision of medical services at a physician’s office may be requested for evaluation of an acute medical problem that cannot wait until the next scheduled visit.

The successful vendor’s assistance may be required at other Department of Juvenile Justice facilities in the event of an emergency or insufficient staff.

Additional Consideration and Requirements

The successful vendor must be, employ, or subcontract with, a certified Advanced Practice Registered Nurse in good standing and licensed in the state of Kentucky that meets all criteria and is able to start work on the first day of the contract. Additionally, the vendor shall be required

Document Description Page 7 to report to the Medical Director any changes in the licensure or status as an Advanced Practice Registered Nurse.

The vendor shall abide by all HIPAA policies including posting notice in facilities.

The successful vendor shall, within seven (7) business days of notice, provide a collaborative letter of practice signed by a licensed physician if the Advanced Practice Registered Nurse has less than four (4) years of collaborative practice.

The vendor shall have current certification in Cardiopulmonary Resuscitation (CPR). If the vendor employs, or subcontracts with, APRNs to provide services, each one must have current certification in CPR.

The vendor assures the confidentiality of all information between any employee and/or sub-vendor and the Commonwealth whether written or verbal, provided by or about a recipient of services under this solicitation except as authorized by written approval of the recipient or as otherwise authorized by law.

The vendor shall comply with applicable civil rights statutes, Section 504 of the Rehabilitation Act of 1973, and any state regulations, which apply, along with KRS Chapters 600 through 640.

The vendor is subject to the requirements for vendors under the Prison Rape Elimination Act ("PREA") (42 U.S.C. §15601, et seq.), applicable PREA Juvenile Facility Standards (28 C.F.R. Part 115), including but not limited to employment guidelines contained in §115.317 and training guidelines contained in §115.332, as well as Department policies requiring criminal and administrative background investigations and annual training regarding PREA. A copy of the PREA Juvenile Facility Standards can be found at:

https://prearesourcecenter.org/sites/default/files/library/preafinalstandardstype-juveniles.pdf

The vendor shall be familiar with and always shall observe and comply with applicable Department of Juvenile Justice and PREA policies regarding vendors which in any manner affect performance under this Contract.

A copy of the Kentucky Department of Juvenile Justice policies related to PREA, included in Chapter 900, incorporated by reference in 505 KAR 1:170 can be found at:

https://djj.ky.gov/Policy%20Manual/Pages/default.aspx

All vendors and/or their employees and subcontractors who provide services at a Department of Juvenile Justice program or who have recurring contact with youth shall be subject to the PREA and Department of Juvenile Justice policies requiring criminal and administrative child abuse and neglect registry background checks [including a "Central Registry Check" from the Cabinet for Health and Family Services, Department of Community Based Services ("DCBS"), Division of Protection and Permanency]. The vendor and/or its employees and subcontractors shall not be allowed to have contact with residents unless they have satisfactorily passed both criminal and administrative background checks within the last three years and have completed annual training on PREA. These checks and trainings must be met by the successful vendor upon award of a contract.

All costs associated with conducting administrative and criminal background checks shall be borne by the vendor. The vendor understands and agrees that it may take up to thirty (30) days to obtain the required background information from a DCBS Central Registry Check that will be conducted by the facilities before start of contract.

The vendor shall provide the names and identifying information of all permanent, temporary or contract employees, which may provide services at a Department of Juvenile Justice program and further agrees to make documentation supporting PREA compliance available to the Department and to federal PREA compliance auditors upon request.

No vendor or its employees or subcontractors may be assigned to work at a Department of Juvenile Justice program until an administrative and criminal background investigation has been completed on the vendor, employee, and/or subcontractor and they have been approved. Furthermore, the Department of Juvenile Justice will reserve right to reject any vendor, employee or subcontractor determined to be unsatisfactory by the Medical Director.

Document Description Page 8 https://djj.ky.gov/Policy%20Manual/Pages/default.aspx

The vendor shall be advised of and will adhere to Department of Juvenile Justice policy and procedure relative to medical emergencies and will provide any recommended written modification of facility policy to the Facility Superintendent.

The vendor shall ensure that all its employees and/or subcontractors shall comply with all applicable requirements of this RFP and the personal service contract resulting from this RFP.

The vendor shall agree reimbursement for the medical services shall be based on a fixed hourly rate with up to two hours of travel time each way. Mileage and indirect costs will not be reimbursed.

Reimbursement will be made monthly upon receipt of an appropriate invoice and approved by the program manager. Reimbursement will be made for medical services rendered either in person, via phone, or via electronic means as approved by the Commonwealth.

Covid-19 testing and vaccination is not currently required for working at the facility, but the Commonwealth reserves the right to require vendors to comply with applicable federal, state, and local requirements and advisories pertaining to the Covid-19 pandemic or any other public health emergency.

At the discretion of the Commonwealth, in the event of an emergency or an issue exceeding the staff capacity of a vendor to address, the Commonwealth may utilize the services of vendors normally assigned to other facilities.

Changes in the Scope of Work will not be considered in the solicitation phase of this RFP.

3.00 Evaluation Criteria

The Department of Juvenile Justice will evaluate the proposals based on the following evaluation factors:

Response to the Technical Portion of the RFP.

The technical proposal shall provide in detail the vendor’s capability to effectively and comprehensively perform the services as outlined in the Scope of Work, verify the absolute requirements of the vendor, clearly communicate the availability of the vendor, and outline the qualifications, experience, and skillsets of the vendor.

Standard Requirements Mandatory-Pass/Fail, if vendor does not meet the requirements, bid will be considered non responsive.

- Vendor shall provide documentation that they, or their employees and/or subcontractors, are an Advanced Practice Registered Nurse in the state of Kentucky

- Vendor shall provide documentation that they, or their employees and/or subcontractors, are in good standing with the Kentucky Board of Nursing

- Vendor shall provide documentation that they, or their employees and/or subcontractors, have current certification in Cardiopulmonary Resuscitation (CPR).

Experience (255 points possible)

Specifically describe relevant experience of:

- Any work over the previous three (3) years screening physical exams, ambulatory care, and general or specific practice medicine.

- Any work over the previous three (3) years serving the public, state, federal, or local government or state or federal corrections or jails.

- Any work over the previous three (3) years providing for juvenile medical experience.

Document Description Page 9

- Provide the number of years that the vendor has practiced nursing.

Qualifications (300 points possible)

Provide a/ll résumé/s including relevant education, required credentials and additional designations, skillsets for vendor/s that will provide Advanced Practice Registered Nurse services to the facility.

If the vendor employs, or subcontracts with, APRNs, the vendor must have identified the APRN that will be working at the facility and provide their qualifications as required for vendors below.

Vendors who employ, or subcontract with, APRNs do not have to be based in the United States but the employee or subcontractor providing services must be able to provide in-person APRN services at the facility.

- Résumé/s submitted shall include the required details listed above.

- Résumé/s shall demonstrate that the vendor is educated as an Advanced Practice

Registered Nurse, has a valid Advanced Practice Registered Nurse license to practice in the state of Kentucky and is certified with a current CPR license.

- Résumé/s shall demonstrate that the vendor has obtained education specific to juveniles.

Availability (255 points possible)

- Provide availability for stipulated conditions at location and for flexible availability for telephone / telehealth consultation to facility staff during non-office hours when necessary as outlined on Attachment “A”.

- Provide any additional information with respect to availability such as anticipated absences for vacation or other considerations as outlined on Attachment “A”. If not applicable, put N/A.

- Provide travel time vendor will travel one-way to Campbell Regional Juvenile Detention

Center located at 590 Columbia Street Newport, KY. 41071.

o Less than thirty (30) minutes o More than thirty (30) minutes, but less than forty-five (45) minutes o Greater than forty-five (45) minutes

Professional References (120 points available)

The vendor is required to provide the name and email or phone number for at least three (3) references representing clients with whom the vendor has served within the last three (3) calendar years.

- The vendor will receive points for each favorable reference received

- Points will be awarded for each favorable reference that is from a government agency or correctional facility.

- Points will be awarded for each favorable reference performing juvenile services.

- An unfavorable reference from a facility/agency who requested discontinuation of services by your company may result in a deduction in scores per unfavorable report from your total reference points. Any vendor who receives more than two unfavorable references will no longer be considered for a contract under this solicitation.

Document Description Page 10

Response to the Cost Portion of the RFP:

Cost Proposal (165 points)

Provide cost per hours in whole dollars for Advanced Practice Registered Nurse Services and per the Scope of Work in Section 2.0 on Cost Proposal Form-Attachment B.

Oral Presentation-OPTIONAL (Total Points Possible 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 03/28/2022

04/07/2022 Written Questions due by: 3:00 p.m. EST 04/08/2022

Anticipated Commonwealth Response to Written Questions 04/21/2022 Offeror’s Conference NA Anticipated Commonwealth Response to Vendor Conference Written Questions NA Proposals Due by: 3:00 p.m. EST 05/10/2022

Cancellation All bidders are cautioned to be aware of the security in the Capital Complex East, building #3, Department of Juvenile Justice located at 1025 Capital Center Drive, Third Floor, Frankfort, Kentucky. All bids shall be time stamped in the Department of Juvenile Justice 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 Bid Clerk / Department of Juvenile Justice, Third Floor. Delays due to building security checks shall not be justification for acceptance of a late bid. Electronic bid proposals are not accepted.

*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:

Jessica Barnes Department of Juvenile Justice, Procurement 1025 Capital Center Drive, Third Floor Frankfort, KY 40601 Jessicam.barnes@ky.gov

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

Document Description Page 11 mailto:Jessicam.barnes@ky.gov

SPECIAL NOTE: During the COVID-19 pandemic, the Department of Juvenile Justice at 1025 Capital Center Drive, Frankfort, Kentucky is open for deliveries from the post office and delivery services during normal business hours. Delivery receipt is recommended.

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

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

The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

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.

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

The Technical Proposal should include one (1) marked original hard/paper copy technical and (3) three marked technical thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks, or hyperlinks to videos.

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

Any Proprietary Information should include one (1) marked original hard/paper copy proprietary and (3) three 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:

JUSTICE AND PUBLIC SAFETY CABINET / DEPARTMENT OF JUVENILE JUSTICE

ADVANCED PRACTICE REGISTERED NURSE FOR

Campbell Regional Juvenile Detention Center

RFP- 523 2200000181

TECHNICAL PROPOSAL

Name of Offeror

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

Document Description Page 12

JUSTICE AND PUBLIC SAFETY CABINET / DEPARTMENT OF JUVENILE JUSTICE

ADVANCED PRACTICE REGISTERED NURSE FOR

Campbell Regional Juvenile Detention Center

RFP- 523 2200000181

TECHNICAL PROPOSAL

Name of Offeror

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

JUSTICE AND PUBLIC SAFETY CABINET / DEPARTMENT OF JUVENILE JUSTICE

ADVANCED PRACTICE REGISTERED NURSE FOR

Campbell Regional Juvenile Detention Center

RFP- 523 2200000181

TECHNICAL PROPOSAL

Name of Offeror

All proposals must be received no later than 3:00 PM EST on May 10, 2022. Cancellation

8.10 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.

Document Description Page 13

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.

8.20 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 receive points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points.

8.30 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 Department of Juvenile Justice 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

Document Description Page 14

2200000181 Advanced Practice Registered Nurse Campbell RJDC https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The Department of Juvenile Justice will evaluate the proposal based on the cost portion of the Evaluation Criteria.

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

9.30 Right to Reject/Waiver of Minor Irregularities

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

9.40 Clarification of Proposals

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

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

9.50 Best and Final Offers

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

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. The Department of Juvenile Justice shall not disclose any portions of the proposals prior to contract award to anyone outside the Department of Juvenile Justice, 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.

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

Document Description Page 15

Bidder Status as part of its response. The Department of Juvenile Justice 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 Right to Use Oral Presentations/Demonstrations to Verify/Expand on Proposal The Commonwealth reserves the right at its discretion to require Oral Presentations/Demonstrations by some or all of the Offerors to verify or expand on the Technical or Cost Proposals.

9.85 Oral Presentations/Demonstrations Evaluation Criteria

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

The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

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

9.90 Negotiation

After conducting the evaluation to determine the best proposal received, the Department of Juvenile Justice 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 Department of Juvenile Justice 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.

9.95 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

Document Description Page 16

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://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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

The initial term of the Contract is anticipated to be from July 1, 2022, to June 30, 2024.

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

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

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

10.40 Changes and Modifications to the Contract

Pursuant to 200 KAR 5:311, no modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the Contractor and the Commonwealth and incorporated as a written amendment by the Department of Juvenile Justice 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

Document Description Page 17 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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 Description Page 18

Personal Service Contract Standard Terms and Conditions Revised November 2021

Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and Whereas, the second party, the Contractor, is available and qualified to perform such function; and Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party;

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

1.00 Effective Date:

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

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

2.00 Renewals:

Upon expiration of the initial term, the contract may be renewed in accordance with the terms and conditions in the original solicitation. 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.

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.

Document Description Page 19

2200000181 Advanced Practice Registered Nurse Campbell RJDC https://apps.legislature.ky.gov/moreinfo/Contracts/homepage.html

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…