Final_RFP_525_2300000221_2_SO_FORM.PDF

Document ID: RFP 525 2300000221 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Job Task Analysis

Date Issued:

02/02/2023 Record Date:

01/27/2023

Solicitation Closes Date:

02/13/2023 Time:

15:00

Solicitation No:

RFP 525 2300000221

Reason for Modification

Addendum to respond to vendor question per Section 7.00 Questions Regarding this RFP.

Online Bidding Prohibited: No For Information Call:

Anna Hudgins 859-622-8576

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFP 525 2300000221 Page: 2

Line Items

Commodity Group: Default

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

1 Job Task Analysis

Comm Code Comm Description Manufacturer Model # Manuf Part #

91812 Analytical/Predictive Studies and Surveys (Consulting)

Extended Description Refer to Terms & Conditions for instructions on bid submissions. Attach a separate file for your Cost, Technical, and Proprietary.

Shipping Information

Billing Information Department of Criminal Justice Training

4449 Kit Carson Dr

Richmond KY 40475

Document ID: RFP 525 2300000221 Page: 3

Submission Checklist

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

Item Required Affidavit(s) Experience with the Law Enforcement Community Professional References Qualifications and Expertise of Primary and Support Staff Methodology to be used to develope a job task analysis and learning needs Completion date of job task analysis and final report Oral Presentations/Demonstrations, if required Proposed Cost Solution. Submit electronically by Closing Date & Time.

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

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Justice & Public Safety Cabinet/Department of Criminal Justice Training Job Task Analysis

RFP 525 2300000221

Addendum One (1) 02/02/2023

Document Description Page 4

2300000221 Job Task Analysis https://www.merriam-webster.com/dictionary/seal

Addendum to respond to vendor question per Section 7.00 Questions Regarding this RFP.

Is there flexibility with the deadlines listed in Section 2.00 Scope of Work?

Commonwealth’s Response

Section 2.00 Scope of Work states, “The job task analysis shall be completed no later than June 30, 2023. The final report shall be completed no later than July 31, 2023.” All offerors are encouraged to submit their best proposal.

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 & Public Safety Cabinet/Department of Criminal Justice Training.

Offerors are advised that any personal service contract resulting from this RFP must comply with all applicable provisions of KRS 45A and KRS 12.210 prior to becoming effective.

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet and filed with the Legislative Research Commission, Government Contract Review Committee.

1.00 Purpose and Background

The Department of Criminal Justice Training (DOCJT), under the authority of KRS15A.070(1), has the responsibility of establishing, supervising, and coordinating training programs and schools for law enforcement and justice personnel across Kentucky. For law enforcement and telecommunications, training begins with a basic training course; all subsequent in-service training follows from this course. To ensure that basic and in-service training curricula are composed of material directed towards tasks performed by officers, DOCJT periodically conducts job task analyses of the position “non-supervisory” law enforcement officer and telecommunicator.

The DOCJT is accredited by two national accreditation agencies. An accreditation requires compliance with a predetermined number of nationally recognized standards and benefits all agencies trained by DOCJT by increasing their post-academy performance while reducing litigation involving training standards. It also enables the agency to provide Continuing Education Units (CEU) for its courses. Both accreditation sources have standards that require the use of a job task analysis and a process for deriving a planned learning process or design.

The purpose of the job task analysis is to validate the content of the DOCJT law enforcement academy and public service dispatch academy curricula by identifying the key tasks that certified law enforcement officers and/or telecommunicators must be able to perform safely and competently. This includes the equipment that certified law enforcement officers and/or telecommunicators must be able to use to perform tasks or complete job-related duties.

2.00 Scope of Work

The scope of this project includes two separate job task analyses which are completed simultaneously for their respective areas including:

Law Enforcement Basic Training – resident law enforcement academy twenty weeks in duration about 800 training hours

Public Service Dispatch Academy – resident telecommunicator academy four weeks in duration about 160 training hours

A certified law enforcement officer is a graduate of a certifying academy, non-supervisory, officer in the Commonwealth of Kentucky, and can be divided by experience levels as needed.

A certified telecommunicator is a graduate of a certifying academy, non-supervisory, telecommunicator in the Commonwealth of Kentucky, and can be divided by experience levels as needed.

Job Task Analysis means a formalized system of analyzing specific job functions, major duties, related tasks and knowledge, skills, abilities, and other characteristics of a particular group to include frequency of task, criticality of task and task proficiency at time of entry.

Essential core tasks of entry-level officers and telecommunicators must be identified through a scientific process. The job task analysis will identify those tasks essential to the job of a non-supervisory law

Document Description Page 5 enforcement officer or a telecommunicator through the incorporation of two independent variables: critical tasks and frequently performed tasks. Critical tasks should be generally defined as those tasks that, regardless of how often they are performed by an officer or telecommunicator, must be performed adequately or sufficiently. A successful proposal should distinguish critical tasks as those that are absolutely essential to the well-being of the officer or telecommunicator, other law enforcement personnel, and/or the general public. Frequently performed tasks should be incorporated into a proposed method that accounts for tasks that are regularly or routinely performed by a law enforcement officer or a telecommunicator.

Additionally, the job task analysis should provide attention to the appropriate locus for learning/training of tasks. All identified essential tasks are not suitable for training in a resident basic training environment.

Additionally, other barriers or explanations may come to bear on identified essential tasks that preclude incorporation of some of those tasks in basic training. A rationale and contingency for discovery and categorization of all essential tasks according to the most appropriate training venue should be incorporated into the analysis. A successful proposal will elaborate upon this method and explain methods for validation.

A successful proposal will involve a survey-based design. A rationale for which incumbent officers should be surveyed with regard to an entry-level officer’s tasks is left to the bidders. However, given the severe limitations placed on attempts to generalize about scientifically small populations through the use of sampling, the job task analysis’ methodological design should stipulate a complete population study; that is, all respondents’ perceptions should be considered in surveys incorporated. A successful survey should be able to account for/or differentiate between officers or telecommunicators who have extensive experience levels, moderate experience, or who are recent graduates of a program. The appropriate categories may be weighted as necessary to ensure the task analysis remains valid and applicable to the scope of the project. A bidder may explore this line of reasoning in their proposals. The consideration of proposals will include a critical review of this rationale; the nexus of incumbent officers or telecommunicators recollections of basic training and recent experience as an entry-level officer or telecommunicator are vital to the validity of the analysis.

Participating Agencies will consist of law enforcement agencies employing certified officers as defined as police officers in KRS 15.420 2(a, b), plus additional areas in KRS 15.420 who receive basic training from DOCJT. A certified public safety telecommunicator will consist of those employed by a government agency and as defined in KRS 15.530. All are from the distinct geographic regions in the Commonwealth of Kentucky as defined by DOCJT staff.

Advisory Board means a board identified by the DOCJT to provide input and guidance into the research process. This board shall consist of representative members of law enforcement and law enforcement stakeholders within the Commonwealth of Kentucky to include but not limited to the Kentucky Law Enforcement Council, Kentucky law enforcement organizations (e.g., Kentucky Chiefs of Police Association, Kentucky Sheriffs’ Association, Kentucky Women in Law Enforcement Network, etc.), small, medium, and large law enforcement agencies, vested organizations (e.g., League of Cities, Kentucky Prosecutors, etc.).

The determination of an advisory board for both segments of this agreement is at the discretion of the bidder.

Stakeholders are persons or entities that have an identified interest in or can be affected by the course(s) of action taken regarding the project’s scope.

Expected Outcomes will include:

1. Identify and define job tasks performed by certified officers and/or telecommunicators (“Task Analysis”).

2. Identify and define learning needs for certified officers and/or telecommunicators that should be included within law enforcement basic training and the public service dispatch academy.

3. Identify and define job functions, major duties, related tasks, knowledge, skills, abilities, and other characteristics that are essential to the performance of certified law enforcement officers and telecommunicators.

4. Identify at which phase of training job tasks, learning needs, job functions, major duties, and related tasks are to be located.

The successful bidder shall develop written functional analysis that will list at a minimum the following:

1. The core duties and associated tasks that have Commonwealth of Kentucky wide significance and all certified officers and/or telecommunicators must be able to safely, legally, and competently perform, and

2. Distinguish the job tasks that are critical and those that are frequently performed; and

3. Differentiate between tasks that are required to be included in Basic Training and those that are not; and

4. Identify the equipment that certified officers and/or telecommunicators must be able to safely and competently use in completing those tasks; and

5. Identify learning needs for certified officers and/or telecommunicators that must be included within the law enforcement and/or telecommunications basic training academy curriculum

Document Description Page 6

6. The completed task analysis and learning needs assessment must take into account and address the application of the Americans with Disabilities Act, Equal Employment Opportunity, Civil Rights Act and other relevant Federal and State regulations. Analysis and forecasts of federal orientations concerning employment law are important components of the project.

7. Provide a final task analysis report of the certified officer and/or telecommunications positions, utilizing a standard format that is acceptable to DOCJT. This analysis shall be provided in both hard copy and Adobe PDF electronic format. Additionally, data must be presented in a format approved by DOCJT so that data can be extrapolated and analyzed by DOCJT for additional purposes. This report must include:

a. Project overview and summary.

b. Description of project methodology.

c. Description of project validation means.

d. Description of project administration, including at a minimum a list of all focus group locations, details on how individuals and groups were selected, and materials reviewed.

e. The project’s findings in identifying the core duties, associated tasks, knowledge, skills, abilities, and other characteristics required of certified officers and/or telecommunicators in terms of their frequency, criticality, and location.

f. The project’s findings in identifying required learning needs for certified officers and/or telecommunicators in the law enforcement and/or telecommunications basic training academy.

8. Assist in the development and review of the law enforcement and telecommunications basic training academy curriculum created by DOCJT

a. Provide recommendations for curriculum development based on report findings as requested by DOCJT.

b. Review law enforcement academy curriculum developed by DOCJT for validity standards associated with the incorporation of the critical and frequent job tasks identified to be trained as a certified officer and/or telecommunicator and advise DOCJT representatives of findings.

Following completion of the job task analysis, the vendor will be asked to coordinate with instructional staff at DOCJT to brief them on identified essential tasks suitable for basic training into objective course units. The conclusion of this project will provide categorized tasks which result in the creation of both a law enforcement basic training and telecommunications basic training curriculum. The vendor will be expected to liaison with DOCJT throughout the development of the curriculum as needed to properly evaluate and apply the results. A final report from the vendor will clearly identify essential tasks of an entry-level officer and telecommunicator as well as distinguish those tasks most appropriately trained during resident basic training from those that should be trained prior to or following the basic training academy. The job task analysis shall be completed no later than June 30, 2023. The final report shall be completed no later than July 31, 2023.

3.00 Evaluation Criteria

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

Offeror should have experience with the Law Enforcement Community.

Technical Proposal: 600 points possible

1. Experience with the Law Enforcement Community (120 points possible) Points will be determined by the number of years of experience with completing similar job task analyses for both populated and rural law enforcement communities.

2. Professional References (120 points possible)

Provide three (3) professional references. Include names and correct contact information (email and phone) for three (3) organizations with whom the Offeror has previously contracted to provide similar services.

3. Qualifications and Expertise of Primary and Support Staff (120 points possible)

Provide a detailed description of the qualifications and expertise of primary and support staff completing similar job task analyses.

Number of points awarded (up to 120), will be based on the description provided; higher qualifications and expertise will result in higher points awarded.

Document Description Page 7

4. Methodology (120 points possible)

Provide a detailed description of the methodology to be used in the development of a job task analysis and learning needs assessment for the Law Enforcement Basic Training and Public Service Dispatch Academy.

a. Job Task Analysis

i. Survey Design

ii. Survey Distribution

iii. Survey Results Analysis

b. Learning Needs Assessment (Project Findings)

i. Curriculum Development

ii. Final Report to DOCJT

5. Completion date of job task analysis and final report (120 points possible)

Provide a proposed completion date of Job Task Analysis and Final Report with Curriculum Development presented to DOCJT.

Cost Proposal – 400 points possible Offeror shall complete the attached cost proposal sheet which shall include the following:

1. Fee for the Job Task Analysis (survey design, distribution, and results analysis)

2. Fee for the Phased Action Plan (curriculum development and final presentation to DOCJT)

3. Final total overall cost

Cost proposal will be scored based on total overall cost using the Best Value – Ranking Approach formula as shown below.

Price (400 points) - The vendor with the lowest price receives the maximum score. The vendor with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points. For example, assume vendor A has the low offer at $100.00 then he would receive 400 points ($100.00/$100.00 = 1.00 x 400 = 400). Assume $150.00 is the next low offer by bidder B, then he receives 268 points ($100.00/$150.00= 0.67 x 400 = 268), etc.

DO NOT INCLUDE COST INFORMATION ANYWHERE ELSE IN THE SUBMITTAL.

Offeror must use Cost Proposal Form provided.

Total Evaluation – 1000 Points

Any and all materials submitted under this RFP shall become the property of DOCJT.

Oral Presentations/Demonstrations – If Required – 250 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 01/12/2023 Written Questions due by: 11:00AM 01/23/2023 Anticipated Commonwealth Response to Written Questions 02/02/2023 Proposals Due by: 3:00PM 02/13/2023

*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:

Anna Hudgins Department of Criminal Justice Training

Document Description Page 8

4449 Kit Carson Drive Richmond KY 40475 859-622-8576 Anna.Hudgins@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

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 must be submitted electronically in the eProcurement System:

See “Attachment A” How to Respond to an Online Bid through the Kentucky Vendor Self Service site.

Electronic Proposal Submission Proposals shall be received by electronic submission in the eProcurement system.

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

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond %20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

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

Document Description Page 9

2300000221 Job Task Analysis mailto:Anna.Hudgins@ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService mailto:Finance.CRCGroup@ky.gov

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

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

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

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

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.

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.

Document Description Page 10 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 receives 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 Criminal Justice Training 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 Criminal Justice Training 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

Document Description Page 11

2300000221 Job Task Analysis 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 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 Criminal Justice Training shall not disclose any portions of the proposals prior to contract award to anyone outside the Department of Criminal Justice Training, 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 Criminal Justice Training 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

Document Description Page 12 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 video-conferencing 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 2 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 Criminal Justice Training 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 Criminal Justice Training 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:

Document Description Page 13 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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 03/17/2023 through 06/30/2024.

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

The Commonwealth reserves the right to renew this contract for up to two (2) additional one (1) 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 Criminal Justice Training 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.

Endnotes

Document Description Page 14

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 15

2300000221 Job Task Analysis 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…