Final_RFP_555_2200000056_1_SO_FORM.PDF

Document ID: RFP 555 2200000056 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: KDLA Library Services & Technology Act 5 Year Plan

Date Issued:

09/10/2021 Record Date:

2021-09-09

Solicitation Closes Date:

9/24/21 Time:

15:30

Solicitation No:

RFP 555 2200000056

Online Bidding Prohibited: Yes For Information Call:

Barry Stigers 502-564-1069

Bid Receiving Location:

Education & Workforce Development - Procurement Branch Barry Stigers 500 Mero Street, 4 NW 35

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 555 2200000056 Page: 2

Line Items

Commodity Group: Default

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

1 KDLA Library Services & Technology Act 5 Year Plan

Comm Code Comm Description Manufacturer Model # Manuf Part #

95638 Library Services (Not Otherwise Classified)

Extended Description The Kentucky Department for Libraries and Archives (KDLA) intends to award a contract to a qualified candidate/organization to provide evaluation of statewide programs and services developed and delivered as part of the 2018-2022 Library Services and Technology Act (LSTA) plan and prepare the new Five-year Plan for the next 5-year interval (2023-2027).

Shipping Info:

Beth Milburn 300 Coffee Tree Rd.

Frankfort, Ky. 40601

Shipping Information

Billing Information KY Department for Libraries and Archives Roger Holden 300 Coffee Tree Road PO Box 537 Frankfort KY 40602-0537

Document ID: RFP 555 2200000056 Page: 3

Submission Checklist

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

Item The face of the solicitation must be signed Bid Information-Completed

Attachment A

Revised February 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

Education & Workforce Development Cabinet/Kentucky Department of Library & Archives KDLA Library Services & Technology Act 5 Year Plan

RFP 555 2200000056

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, Education & Workforce Development Cabinet/Kentucky Department of Library & Archives

Document Description Page 4

2200000056 KDLA Library Services & Technology Act 5 Year Plan https://www.merriam-webster.com/dictionary/seal

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

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

1.00 Purpose and Background

The Kentucky Department for Libraries and Archives (KDLA) intends to award a contract to a qualified candidate/organization to provide evaluation of statewide programs and services developed and delivered as part of the 2018-2022 Library Services and Technology Act (LSTA) plan and prepare the new Five-year Plan for the next 5-year interval (2023-2027).

The Kentucky Department for Libraries and Archives (KDLA) is a state library and archives agency governed by the State Libraries, Archives, and Records Commission (SLARC). The SLARC members are appointed by the Governor. The agency is located at 300 Coffee Road in Frankfort, Kentucky.

KDLA serves all citizens of Kentucky through more than 119 public library districts and provides direct services through the Talking Book Library for the blind and print disabled and to state employees.

The Kentucky Department for Libraries and Archives (KDLA) annually receives a federal grant under the State-administered Library Services and Technology Act (LSTA) through the Institute of Museum and Library Services (IMLS). KDLA administers the grant funds according to successive Five-year Plans submitted to and approved by IMLS. Prior to the end of each five-year period, IMLS requires an independent evaluation and report of the activities associated with the LSTA Program. Objectives of each Five-year Plan are designed in such a manner that the effectiveness of programs and projects can be evaluated for progress or lack of progress toward meeting the plan goals. The evaluation is later used as a tool to develop the goals and objectives of the new Five-year Plan for the next 5-year interval.

In order to independently evaluate and report on the current Five-year Plan (2018-2022), KDLA is seeking the services of an evaluation consultant who is familiar with the LSTA program and requirements to perform the evaluation of the Five-year plan and to prepare the new Five-year Plan for the next 5-year interval (2023-2027). Work on the 5-year evaluation for 2018-2022 must begin by October 15, 2021 and be completed by March 15, 2022. Work on the 2023-2027 new 5-year plan must begin by March 1, 2022 and be completed by June 15, 2022.

2.00 Scope of Work

A. The Contractor shall complete a comprehensive evaluation of KDLA’s 2017-2022 Five-Year Plan for Kentucky that meets the requirements in the IMLS evaluation guidelines;

B. The Contractor shall provide KDLA with a preliminary report by February 15, 2022;

C. The Contractor shall provide KDLA with a final written report, in print and electronic format, of the evaluation findings by March 15, 2022, using the format outlined in the IMLS evaluation guidelines;

D. The Contractor shall provide KDLA with the raw data from the evaluation, the preliminary report and the final report in print and electronic formats;

E. The Contractor shall develop a draft for the 2023-2027 plan based on the evaluation report by May 6, 2022 that meets IMLS five-year plan guidelines;

F. The Contractor shall provide KDLA with a final written 2023-2027 plan, in print and electronic format, by June 15, 2022 that meets IMLS five-year plan guidelines

G. All deliverables will meet the IMLS guidelines in full, excerpted below.

H. Guidelines for FY 2018-2022 Five-Year Evaluation excerpt:

Document Description Page 5

a. Documents required for the Five-Year Evaluation include a cover page (1 page), evaluation summary (2-5 pages), evaluation report (25 pages, max.), and appendices. Please follow the format specified below:

i. Cover page (1 page)

• State Library Administrative Agency

• Title of the evaluation

• Evaluator(s) name and organizational affiliation

• Date

• Name of the team, branch, unit, or person commissioning the evaluation

ii. Evaluation Summary (3-5 pages)

• Summarize key findings for the three retrospective and three process questions identified.

• Briefly describe evaluation methodology, referencing the four methodology questions, below.

iii. Evaluation Report (25 pages, max.)

• Answer the first six questions under A. Retrospective and B. Process in order, and numbered as provided below.

• Describe the methodology employed, responding to the four questions under C.

Methodology, below.

A. Retrospective Questions

A-1. To what extent did your Five-Year Plan activities make progress towards each goal?

Where progress was not achieved as anticipated, discuss what factors (e.g., staffing, budget, over-ambitious goals, partners) contributed?

• Organize finding around each goal of the state’s 2018-2022 Five-Year Plan.

• Categorize each goal as either 1) achieved, 2) partly achieved, or 3) not achieved.

A-2. To what extent did your Five-Year Plan activities achieve results that address national priorities associated with meeting the Measuring Success focal areas and their corresponding intents? (see Guidelines for IMLS Grants to States Five-Year Evaluation Appendix for list of focal areas and their intents)

A-3. Did any of the following groups represent a substantial focus for your Five-Year Plan activities? (Yes/No)

• Library Workforce (current and future)

• Individuals living below the poverty line

• Individuals that are unemployed/underemployed

• Ethnic or minority populations

• Immigrants/refugees

• Individuals with disabilities

• Families

• Children (aged 0-5)

• School-aged youth (aged 6-17)

For the purposes of this question, a substantial focus would represent at least ten percent of the total amount of resources committed by the overall plan across multiple years.

For those who answer yes to any of the above groups, please discuss to what extent each group was reached.

If there are important groups that did not meet the ten percent threshold or do not appear in the list above, please consider discussing these as well.

Document Description Page 6

B. Process Questions

B-1. How have you used any data from the State Program Report (SPR) and elsewhere (e.g., Public Libraries Survey) to guide activities included in the Five-Year Plan?

B-2. Specify any modifications you made to the Five-Year Plan. What was the reason for this change?

B-3. How and with whom have you shared data from the SPR and from other evaluation resources? How have you used the last Five-Year Evaluation to inform data collected for the new Five-Year Evaluation? How have you used this information throughout this five-year cycle?

C. Methodology Questions

C-1. Identify how you implemented an independent Five-Year Evaluation using the criteria described in the section of this guidance document called Selection of an Independent Evaluator.

C-2. Describe the types of statistical and qualitative methods (including administrative records) used in conducting the Five-Year Evaluation. Assess their validity and reliability.

C-3. Describe the stakeholders involved in the various stages of the Five-Year Plan Evaluation.

How did you engage them?

C-4. Discuss how you will share the key findings and recommendations with others.

iv. Appendices

• List of acronyms

• List of people interviewed

• Bibliography of all documents reviewed

• Copies of any research instruments used for surveying, interviewing, and/or use of focus groups

• Optional output of statistical findings

• Optional summaries of coding used in any qualitative analyses

I. Five-Year State Plan Guidelines for FY 2023-2027 excerpt:

a. The State Plan should include:

i. Mission Statement: The State Plan should include a mission statement that specifies the type of services the SLAA provides, for what purposes, for whom, and how the SLAA provides the services.

ii. Needs Assessment: The State Plan must identify specific needs for library services to be addressed in the pertinent five-year period. This needs assessment should be based on the SLAA’s most recent five-year evaluation, complementary data, and advisory input. The SLAA should describe its data sources and the processes used to document the State’s needs, the audiences to whom the data sources apply, the methods used for data analysis, and the expected process for periodically updating the State’s knowledge of its library services needs.

iii. Goals: Each goal for the five-year period should address at least one need identified in the needs assessment. These goals must be prioritized and the criteria for prioritization should be explained. 20 U.S.C. § 9134(b)(1).

Additionally, all goals must address needs congruent with the purposes and priorities of the LSTA as stated in 20 U.S.C. § 9141 through activities that:

• expand services for learning and access to information and educational resources in a variety of formats (including new and emerging technology), in all types of libraries, for individuals of all ages in order to support such

Document Description Page 7 individuals' needs for education, lifelong learning, workforce development, economic and business development, health information, critical thinking skills, digital literacy skills, and financial literacy and other types of literacy skills;

• establish or enhance electronic and other linkages and improved coordination among and between libraries and entities, as described in 20 U.S.C. § 9134(b)(6), for the purpose of improving the quality of and access to library and information services;

• (a) provide training and professional development, including continuing education, to enhance the skills of the current library workforce and leadership, and advance the delivery of library and information services, and (b) enhance efforts to recruit future professionals, including those from diverse and underrepresented backgrounds, to the field of library and information services;

• develop public and private partnerships with other agencies, tribes, and community-based organizations;

• target library services to individuals of diverse geographic, cultural, and socioeconomic backgrounds, to individuals with disabilities, and to individuals with limited functional literacy or information skills;

• target library and information services to persons having difficulty using a library and to underserved urban and rural communities, including children (from birth through age 17) from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with 42 U.S.C. § 9902(2)) applicable to a family of the size involved;

• develop library services that provide all users access to information through local, State, regional, national, and international collaborations and networks; and

• carry out other activities consistent with the purposes set forth in 20 U.S.C. § 9121, as described in the SLAA's plan. 20 U.S.C. § 9141(a)(1-8).

iv. Projects: The narrative for each goal must describe its supporting projects, and explain what will be done, for whom; which procedures will be used to carry them out; what benefit or outcome is expected; and how the SLAA will use IMLS funds to assist in meeting these goals. 20 U.S.C. § 9134(b)(2). The State Plan should include a timeline for program activities over the five-year period.

v. Coordination Efforts: This section must include a crosswalk that maps each goal to one or more of the six Measuring Success focal area(s) and maps associated projects to one or more of the fourteen corresponding intent(s):

vi. Lifelong Learning

• Improve users’ formal education

• Improve users’ general knowledge and skills

vii. Information Access

• Improve users’ ability to discover information resources

• Improve users’ ability to obtain and/or use information resources viii Institutional Capacity

• Improve the library workforce

• Improve library’s physical and technology infrastructure

• Improve library operations ix Economic & Employment Development

• Improve users’ ability to use resources and apply information for employment support

• Improve users’ ability to use and apply business resources x Human Services

Document Description Page 8

• Improve users’ ability to apply information that furthers their personal, family, or household finances

• Improve users’ ability to apply information that furthers their personal or family health & wellness

• Improve users’ ability to apply information that furthers their parenting and family skills xi Civic Engagement

• Improve users’ ability to participate in their community

• Improve users’ ability to participate in community conversations around topics of concern.

Where appropriate, the State Plan must describe how the SLAA will undertake coordination efforts. 20 U.S.C. § 9134(b)(6) provides as follows: The State Plan shall describe how the State Library Administrative Agency will work with other State agencies and offices where appropriate to coordinate resources, programs, and activities and leverage, but not replace, the Federal and State investment in–

(A) programs and activities under the Elementary and Secondary Education Act of 1965;

(B) early childhood education, including coordination with–

(i) the State's activities carried out under 20 U.S.C. § 9837(b)(4) and (e)(1); and

(ii) the activities described in the State's strategic plan in accordance with 42 U.S.C. § 9837b(a) (4)(B)(i);

(C) workforce development, including coordination with– (i)the activities carried out by the State workforce investment board under 29 U.S.C. § 2821(d);

(ii) the State's one-stop delivery system established under 29 U.S.C. § 2864(c); and

(iii) the activities carried out by the State in support of adult education and literacy under title II of such Act; and

(D) other Federal programs and activities that relate to library services, including economic, business, and community development, health information, critical thinking skills, digital literacy skills, financial literacy and other types of literacy skills.

vi. Evaluation Plan: The State Plan must include an evaluation plan that describes the methodology that will be used to evaluate the success of projects established in the State Plan. 20 U.S.C. § 9134(b)(4). SLAAs should include objectives and indicators for each goal. Projects that include components of public and library staff instruction, content creation or acquisition, and planning and evaluation will be evaluated using outcomes-based assessment questions built into the program’s reporting system, the State Program Report (http://imls-spr.imls.gov/). SLAAs will also conduct five-year evaluations as directed by legislation. 20 U.S.C. § 9134(c).

vii. Stakeholder Involvement: Stakeholder involvement, communication, and monitoring are essential elements of a State Plan and must be integrated into it. SLAAs must describe the procedures that will be used to involve libraries and library users throughout the State in policy decisions regarding the development, implementation, and evaluation of the State Plan. 20 U.S.C. § 9134(b)(5). Each SLAA seeking assistance under the Grants to States programs may establish a State advisory council that is broadly representative of the library entities in the State, including public, tribal, school, academic, special, and institutional libraries, and libraries serving people of diverse geographic, cultural, and socioeconomic backgrounds, individuals with disabilities, residents of rural and urban areas, Native Americans, military families, veterans, and caregivers. 20 U.S.C. § 9151.

viii. Communication and Public Availability: SLAAs must describe the channels that will be used to communicate to stakeholders the content of the State Plan and any results, products, processes, or benefits. Each SLAA receiving a grant must make the State Plan readily available to the public and share it with the library community. 20 U.S.C. § 9134(e) (2).

Document Description Page 9

ix. Monitoring: SLAAs must describe the procedures for continuous tracking of current performance in relation to the State Plan. See, 2 C.F.R. 200.327-332. This monitoring should comply with reporting requirements related to the State Program Report.

3.00 Evaluation Criteria

The Kentucky Department of Library and Archives will evaluate the proposals based on the following evaluation factors: . The following are mandatory requirements and will be scored: PASS/FAIL

A. Offeror Information. Include the Name or Company Name, Social Security Number or Federal Identification Number (FEIN), address, address, city, state, zip code, telephone number, and email address. PASS/FAIL

B. Professional references. (Minimum of two (2) references) Offeror to include names, addresses and other contact information for organizations with whom the offeror has previously contracted to provide similar consulting services. PASS/FAIL

Technical Proposal Evaluation

Criteria Maximum Points Possible Offeror to include years of experience with the library community, including experience working with librarians, library staff, or library trustees. Also, include experience evaluating LSTA activities and programs.

Offeror to include a detailed resume to illustrate qualifications and expertise, a sample program for a previously completed 5-year evaluation and a sample program for a previously completed new 5-year plan.

Maximum Points Possible 60

Cost Proposal Evaluation

Price per hour for consulting services. The price per hour will not include travel expenses, as these will be reimbursed by KDLA. Reimbursable travel expenses may include air and ground travel, meals, lodging, rental car, parking fees, and other incidental costs.

Original receipts or certified copies will be required.

Reimbursement for meals and mileage will not exceed the rates established by state travel guidelines.

The offeror shall provide a breakdown of the cost associated with performing the 5-Year Evaluation for 2018-2022 and for developing the new 5-Year plan for 2023-2027, including travel expenses, etc.

Maximum Points Possible 40

Oral Demonstration/Presentation Evaluation, if required: 10 Points

Total Proposal Evaluation

Technical Proposal 60

Document Description Page 10

Cost Proposal 40 Oral Demonstrations/Presentations, if required 10

MAXIMUM POINTS POSSIBLE

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 9/10/2021

Proposals Due by: 3:30 PM 9/24/2021

NEW EFFECTIVE APRIL 1, 2020

Proposals shall be submitted via Secure File Transfer on https://ftp.ky.gov ONLY Complete instructions for Secure File Transfer are provided on Attachment B.

*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:

Barry Stigers 500 Mero Street, 4 NW 35 Frankfort, Ky. 40601

(502) 564-1069 Barry.Stigers@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.

Document Description Page 11 https://ftp.ky.gov

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

Acknowledgment of Addenda

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

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

All submitted technical and cost proposals shall remain valid for a minimum of six (6) months after the proposal due date.

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

NEW EFFECTIVE APRIL 1, 2020

Proposals shall be submitted via Secure File Transfer on https://ftp.ky.gov ONLY

Complete instructions for Secure File Transfer are provided on Attachment B.

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and the Proprietary Information. All files shall be labeled accordingly as follows.

Name of Offeror, RFP Name RFP 531 2100000056 – Technical Proposal

Name of Offeror, RFP Name RFP 531 2100000056– Cost Proposal

Name of Offeror, RFP Name RFP 531 2100000056 – Proprietary Proposal

All proposals must be received no later than 3:30 PM on 9/24/2021

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

Document Description Page 12 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:

http://finance.ky.gov/services/forms/Pages/default.aspx

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status – if applicable. Available at the following link:

http://finance.ky.gov/services/forms/Pages/default.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:

http://finance.ky.gov/services/forms/Pages/default.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 http://finance.ky.gov/services/policies/Documents/FAP%20110-10-00.pdf

Document Description Page 13

2200000056 KDLA Library Services & Technology Act 5 Year Plan http://finance.ky.gov/services/forms/Pages/default.aspx http://finance.ky.gov/services/forms/Pages/default.aspx http://finance.ky.gov/services/forms/Pages/default.aspx http://finance.ky.gov/services/policies/Documents/FAP%20110-10-00.pdf

The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

9.10 Technical Proposal Evaluation

The Kentucky Department of Library and Archives will evaluate the proposal based on the technical portion of the Evaluation Criteria. Each Offeror is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Offeror. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

9.20 Cost Proposal Evaluation

The Kentucky Department of Library and Archives will evaluate the proposal based on the cost portion of the Evaluation Criteria.

9.30 Right to Reject/Waiver of Minor Irregularities

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

9.40 Clarification of Proposals

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

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

9.50 Best and Final Offers

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

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. The Education & Workforce Development Cabinet/Kentucky Department of Library & Archives shall not disclose any portions of the proposals prior to contract award to anyone outside the Education & Workforce Development Cabinet/Kentucky Department of Library & Archives 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

Document Description Page 14

The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The Kentucky Department of Library and Archives reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

As part of its response, a nonresident bidder shall submit its certificate of authority to transact business in the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for Qualified Bidder or the Department of Corrections, Division of Prison Industries

(200 KAR 5:410)

Pursuant to KRS 45A.470 and 200 KAR 5:410, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation. New Vision Industries, Inc., any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Any bidder claiming “qualified bidder” status, other than New Vision Industries, Inc., shall submit a notarized affidavit affirming that it meets the requirements to be considered a qualified bidder as part of its response to the solicitation (affidavit form included as part of this RFP). If requested, failure to provide documentation proving qualified bidder status to a public agency, if requested, may result in disqualification of the bidder or contract termination.

9.80 Right to Use Oral Presentations/Demonstrations to Verify/Expand on Proposal The Commonwealth reserves the right at its discretion to require Oral Presentations/Demonstrations by some or all of the Offerors to verify or expand on the Technical or Cost Proposals.

9.85 Oral Presentations/Demonstrations Evaluation Criteria

The highest ranking vendors may be requested to provide oral presentations/demonstrations to answer questions or to clarify the understanding of the evaluators in accordance with the requirements of this RFP. The oral presentation shall be scheduled at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/demonstrations at its discretion.

9.90 Negotiation

After conducting the evaluation to determine the best proposal received, the Kentucky Department of Library and Archives reserves the right to negotiate a fair and reasonable compensation based on the pricing submitted in the Offeror’s proposal. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, the Kentucky Department of Library and Archives 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.

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CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

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

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

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

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee.

The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

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

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

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

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

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

10.30 Contract Term

The initial term of the Contract is anticipated to be from 10/16/2021 through 6/30/2022.

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.

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

10.40 Changes and Modifications to the Contract

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

Document Description Page 16 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService 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.

Attachment A- This RFP Attachment B- MOVEit Transfer Instructions

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Personal Service Contract Standard Terms and Conditions Revised January 2020

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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2200000056 KDLA Library Services & Technology Act 5 Year Plan 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…