Final_RFP_523_2200000363_1_SO_FORM.PDF

Document ID: RFP 523 2200000363 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: RN/LPN Nursing Services

Date Issued:

05/19/2022 Record Date:

2022-05-11

Solicitation Closes Date:

6/15/22 Time:

15:00

Solicitation No:

RFP 523 2200000363

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.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFP 523 2200000363 Page: 2

Line Items

Commodity Group: Default

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

1 RN/LPN Nursing Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

94864PS PSC-Nursing Services

Extended Description The successful vendor shall provide nursing services as requested to youth in Department of Juvenile Justice custody at facilities in the state. A Registered Nurse or a Licensed Practical Nurse may provide services at the Department's youth development centers and detention centers. However, only the services of a Registered Nurse may be provided at the Department's group homes.

Shipping Information

Billing Information DJJ - Fiscal Branch

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

Document ID: RFP 523 2200000363 Page: 3

Submission Checklist

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

Item

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

Document Description Page 4

2200000363 RN/LPN Nursing Services https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Justice and Public Safety Cabinet Department of Juvenile Justice Nursing Services (RN/LPN) Youth Development Centers, Detention Center, and Group Homes

RFP 523 2200000363

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, 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.

1.0 Purpose and Background

Vendors are invited to submit a proposal, in accordance with the requirements of the RFP for the provision of Nursing Services (RN/LPN) to be performed by Nurses for the Kentucky Justice and Public Safety Cabinet, Department of Juvenile Justice at the Department’s facilities. This RFP is specific to the provision of nursing services to the Department of Juvenile Justice, and preexisting agreements with other agencies of the Commonwealth may not be utilized for the purposes of this solicitation.

Vendor is still responsible for scheduling their time with each facility that they obtain the bid for.

Vendor will provide services to all the Department’s facilities.

Under KRS 15A.305(1) and KRS 15A.065 (1)(d), the Department of Juvenile Justice operates pre-adjudication 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 delinquency patterns and/or emotional disturbances.

In accordance with KRS 605.110 (1) (b), the Department of Juvenile Justice is obligated to provide or contract for medical care for the treatment for youth committed to or in the custody of Department of Juvenile Justice. The Department of Juvenile Justice 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 needs a nurse on staff, basic first aid supplies, and a medical station on site. The Department of Juvenile Justice seeks on-site nursing services to comply with its statutory obligations.

2.00 Scope of Work

The successful vendor shall provide nursing services as requested to youth in Department of Juvenile Justice custody at facilities in the state. A Registered Nurse or a Licensed Practical Nurse may provide services at the Department’s youth development centers and detention centers. However, only the services of a Registered Nurse may be provided at the Department’s group homes.

Document Description Page 5

2200000363 RN/LPN Nursing Services 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

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

1. Providing nursing care, staff training and technical assistance, and monitoring of the physical plant relative to meeting the medical needs of the juveniles.

2. Reviewing the medical record of each youth, interviewing the youth, and developing a plan of nursing care within seven (7) working days of the youth's admission. Assure that proper subsequent referrals are made.

3. Performing periodic checks of drug counts. Review medication, administrative records, including PRN medications, rationale, and evaluation. Assure that all medical documentation is current.

4. Ensuring that pulse, blood pressure and weight are monitored weekly for residents on psychotropic drugs.

5. Ensuring that appropriate lab values are monitored for residents on psychotropic drugs.

6. Reviewing and evaluating resident's medical related complaints since the previous visit and provide the facility staff with advice for needed action.

7. The nurse will be responsible for all medical treatments; however, appropriate treatments may be delegated to unlicensed staff.

8. Staff Training and Technical Assistance:

9. Determining pertinent medical knowledge base of staff.

10. Conducting staff education, if needed for specific resident's needs (i.e., new treatment, new drugs).

11. Evaluating medication administration by staff on a quarterly basis.

12. Assuring that medication references are up to date. Post side effect and precautions for each medication being administered.

13. Attend orientation and any ongoing programs for facility health issues.

14. Providing facility staff with at least annual training with materials provide by Program Development Division, regarding health care needs of youth, specific health related topics, and management of health care services.

Physical Plant:

1. Inspect the medicine room/cabinet weekly to insure proper storage and destruction of outdated drugs.

2. Assure proper sanitation by observation and documentation.

3. Consultation calls of an urgent or emergency basis may be made to the nurse. The nurse shall need to respond to the facility's phone call in a timely manner. The nurse shall provide the facility staff with telephone numbers or beeper where he/she may routinely be reached.

4. The Contractor shall be expected to maintain strict standards of confidentiality of records in accordance with Department policy, state and federal laws and regulations.

5. Compliance 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 shall assure 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 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 at all times shall observe and comply with applicable Department of Juvenile Justice and PREA policies regarding vendors which in any manner affect performance under this Contract.

Document Description Page 6

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

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.

The vendor 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.

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.

The vendor shall permit staff of the Department of Juvenile Justice and persons acting for the Department to monitor and evaluate services being performed. The vendor shall submit all records and documentation of service provisions regarding the contracted and subcontracted services to the central office location of the Department of Juvenile Justice when requested for monitoring purposes.

The vendor shall hold the Department of Juvenile Justice harmless from any and all loss, claims, expenses, actions, causes of action, costs damages, and obligations, arising from any and all acts of the vendor, its agents, employees, licensees, or invitees and that result in injury to persons, damages, or losses relative to any person, corporation, partnership, or any other entity; and indemnify the Department of Juvenile Justice from any and all liability, loss, or damage that the Department of Juvenile Justice may suffer resulting from acts of omissions of the vendor or claims or judgements resulting therefrom. Provided, however, in the event the vendor is a state agency or subcontracts for services with a state agency subject to the jurisdiction of the Board of Claims pursuant to KRS 44.070 through KRS 44.160 the state agency’s tort liability may be limited to an award from the Board of Claims up to the jurisdictional amount.

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

Document Description Page 7 https://djj.ky.gov/Policy%20Manual/Pages/default.aspx

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 perform the services effectively and comprehensively as outlined in the Scope of Work, verify the absolute 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 nonresponsive.

Experience (Points possible 500)

Specifically describe relevant experience of:

1. The vendor will receive points for documentation of any work over the previous three (3) years for nursing services.

2. The vendor will be awarded points for any work over the previous three (3) years serving the public, state, federal, or local government or state or federal corrections or jails.

3. The vendor will receive points for documentation of any work over the previous three (3) years providing for juvenile medical experience.

4. Any documentation not submitted may result in a deduction in scores from your total reference points. Any vendor not providing two relevant experiences will no longer be considered for the solicitation.

MANDATORY REQUIREMENT: Documentation must be submitted that the Nurse has a current license from the Kentucky Board of Nursing as a Registered Nurse or Licensed Practical Nurse.

Availability (Points Possible 400)

1. Provide availability for services under stipulated conditions at locations and for flexible availability for consultation to facility staff during non office hours when necessary.

2. Provide any additional information with respect to availability such as vacations or other considerations. If not applicable, put N/A.

Professional References (Points Possible 200)

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

1. The vendor will receive points for each favorable reference received.

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

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

Document Description Page 8

4. 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.

Response to the Cost Portion of the RFP.

Cost Proposal Evaluation (Points Possible 400)

1. Vendor will provide an hourly rate that is inclusive of all charges for RN services.

2. Vendor will provide an hourly rate that is inclusive of all charges for LPN services.

3. Vendor will provide over-time rate for RN services.

4. Vendor will provide over-time rate for LPN services.

RNs and LPNs may claim mileage to and from the facility. The Finance & Administration Cabinet’s, Office of the Controller will review and approve the mileage rate on a quarterly basis. The vendor will be paid according to the approved quarterly rate during the entire contact period.

Legislative Research Commission Government Contract Review Committee Hourly Rates v. Travel Expenses Policy *Policy Statement #98-1

It shall be a policy of the Government Contract Review Committee of the Legislative Research Commission:

1. Allow for payment for actual time spent on behalf of the State, including travel time, at a recommended hourly rate or specified acceptable fee.

2. If the hourly rate is paid for travel time, travel expenses shall not be allowed, except for overnight lodging when at the convenience of the agency.

3. If the hourly rate is not paid for travel time, travel expenses shall be allowed in accordance with state travel regulations.

Oral Presentations-OPTIONAL– (Points Possible 75)

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 05/19/2022 Written Questions due by: 3:00 P.M. 05/26/2022 Anticipated Commonwealth Response to Written Questions 06/08/2022 Offeror’s Conference NA Anticipated Commonwealth Response to Vendor Conference Written Questions NA Proposals Due by: 3:00 P.M. 06/15/22 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.

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

Document Description Page 9

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

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

SPECIAL NOTE: During the COVID-19 pandemic, the Department for 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.

Document Description Page 10 mailto:Jessicam.barnes@ky.gov

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 three (3) 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 one (1) marked cost thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks, or hyperlinks to videos.

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

(3) 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 Nursing Services (RN/LPN) Youth Development Centers, Detention Center, and Group Homes

RFP 523 2200000363

TECHNICAL PROPOSAL

Name of Offeror

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

Justice and Public Safety Cabinet/Department of Juvenile Justice Nursing Services (RN/LPN) Youth Development Centers, Detention Center, and Group Homes

RFP 523 2200000363

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 Nursing Services (RN/LPN) Youth Development Centers, Detention Center, and Group Homes

RFP 523 2200000363

TECHNICAL PROPOSAL

Name of Offeror

All proposals must be received no later than 3:00 PM EST on June 15, 2022.

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.

Document Description Page 11

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.

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.

Document Description Page 12 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

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

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; 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

Document Description Page 13 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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 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 the Offerors to verify or expand on the Technical or Cost Proposals.

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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

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:

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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 July 1, 2022, through 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 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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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.

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2200000363 RN/LPN Nursing Services 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 standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded.

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

Registration with the Secretary of State by a Foreign Entity:

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within

KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled.

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

10.00 Invoices for fees:

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

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

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

11.00 Travel expenses, if authorized:

The Contractor shall be paid for no travel expenses unless and except as specifically authorized by the specifications of this contract or authorized in advance and in writing by the Commonwealth. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth.

12.00 Other expenses, if authorized herein:

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