Final_RFP_727_2000000097_1_SO_FORM.PDF

Document ID: RFP 727 2000000097 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: CHILD SUPPORT GENETIC TESTING FY21

Date Issued:

1/28/20 Record Date:

2020-01-28

Solicitation Closes Date:

3/17/20 Time:

14:00

Solicitation No:

RFP 727 2000000097

Online Bidding Prohibited: Yes

For Information Call:

Regina K Long 502-564-7736

Bid Receiving Location:

CHFS OATS Division of Procurement & Grant Oversight

BUYER

275 E Main Street 4E-C

Frankfort KY 40621

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 727 2000000097 Page: 2

Line Items

Commodity Group: Default

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

1 FY21 Child Support Genetic Testing

Comm Code Comm Description Manufacturer Model # Manuf Part #

95248 Genetic Parentage Testing Services (DNA)

Extended Description Provide DNA testing to establish paternity of children receiving child support services.

Shipping Information CHFC CBS Child Support - Frankfort

730 Schenkel Lane, PO Box 2150

Frankfort KY 40601

Billing Information CHFC CBS Child Support - Frankfort

730 Schenkel Lane, PO Box 2150

Frankfort KY 40601

Document ID: RFP 727 2000000097 Page: 3

Submission Checklist

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

Item See Section 3.00 for details Technical Proposal Cost Proposal

Revised December 2019

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 8.01 of this RFP)

_____ *PROPOSED SOLUTION (TECHNICAL) UNDER SEALED COVER AND BY CLOSING DATE

Section(s) 8.00 and 8.01 of this RFP

_____ *PROPOSED SOLUTION (COST) UNDER SEALED COVER AND BY CLOSING DATE

Section(s) 8.00 and 8.02 of this RFP

_____ TRANSMITTAL LETTER - Section 8.01 of this RFP

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

(Section 8.01 of the Personal Service Contract Terms and Conditions of this RFP)

_____ REQUIRED AFFIDAVIT(S) - Section 8.01of 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

Document Description Page 4

2000000097 CHILD SUPPORT GENETIC TESTING FY21

https://www.merriam-webster.com/dictionary/seal

Cabinet for Health and Family Services/ Department for Income Support/ Division of Child Support Enforcement Child Support Genetic Testing

RFP 727 2000000097

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, Cabinet for Health and Family Services on the behalf of the Division of Child Support Enforcement.

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 Income Support, Division of Child Support Enforcement (CSE) operates the state IV-D program and is required to establish paternity for children receiving IV-D child support services pursuant to the federal Social Security Act. CSE is seeking proposals from qualified testing laboratories to provide genetic testing to assist in the determination of paternity under actions taken by CSE.

In the State Fiscal Year (SFY) 19, Kentucky’s genetic testing vendor collected 11,274 individual samples and completed 4,380 genetic tests.

2.00 - Scope of Work

General Requirements

1. Be and remain accredited by the American Association of Blood Banks (AABB).

2. Have completed an average of 500 DNA tests each month during calendar year 2019 and maintain the capacity to complete at least 500 tests for CSE each month throughout the term of this Contract.

3. Have at least five (5) years of experience collecting or arranging for the collection of DNA samples by buccal swab with an average of 1000 sample collections monthly in 2019.

4. Provide genetic testing services in all 120 Kentucky counties regardless of the county size or location.

Genetic testing services at the rate provided in this contract must only be provided when there is IV-D child support case involving the parties and a court or administrative order for genetic testing exists.

5. Adhere to federal and state laws, regulations, and guidelines regarding confidentiality during all points in the sample collection and testing process, from scheduling the sample collection, releasing test results to third parties and storing samples. Assure the confidentiality of all information whether written or verbal, provided by or about any individual seeking or receiving services under this contract, except as approved and authorized in writing by the individual or as otherwise authorized by law, including the Privacy Act of 1964 (P.L. 93-579; 5 USC 552A) and the Health Insurance Portability and Accountability Act (HIPAA).

DNA Collection Sites

1. Work with the local contracting official to determine a location within each county for sample collection.

It is anticipated that the primary collection sites will be at the local contracting official office or another government building, but the final decision is at the discretion of the local contracting official. Any costs associated with the collection site is the responsibility of the Vendor.

2. If the party to be tested is in a treatment facility or is incarcerated in a correctional facility in Kentucky or in another state, the vendor shall make arrangements for the collector to collect the sample at the treatment facility or at the correctional facility where the individual is housed. A treatment facility includes rehabilitation

Document Description Page 5 in a residential or inpatient treatment facility. A correctional facility includes city jails, county jails, state, private and federal prisons. Comply with any rules and requirements imposed by treatment facilities, city jails, county jails, state, private and federal prisons when a sample collection is required of an incarcerated individual.

3. Set up a network of collectors and couriers to service intergovernmental cases or cases where the individual resides in another state or country. The vendor shall secure out of state and out of country collection sites that are at a location reasonably convenient to the person whose sample is being collected.

Scheduling and Collection Timeframes

1. Work with the local contracting official in each county to establish sample collection dates and times. The Vendor shall not impose a minimum number of cases before scheduling a sample collection in any county.

Unless the local contracting official agrees to a lesser number of days, the vendor shall complete sample collection (1) day per week at each collection site except for Jefferson County where sample collection may be needed more than one (1) day a week. Sample collection shall be completed during regular business hours, Monday through Friday, except holidays. Regular business hours to be determined by the local contracting official in each county.

2. For sample collection in Kentucky or in another state, the vendor shall schedule and complete sample collection no later than fourteen (14) calendar days after request is received from the local contracting official. If the individual subject to the collection is in a treatment facility or incarcerated in a correctional facility and the facility is unable to accommodate this timeframe, the Vendor must notify the local contracting official within two (2) business days of determining there is an issue.

3. For sample collection in another country, the vendor shall schedule and complete sample collection no later than thirty (30) calendar days after request is received from the local contracting official. If the vendor is unable to meet this timeframe, the Vendor must notify the local contracting official within two (2) business days of determining there is an issue.

4. Work with each local contracting official to establish a method of notifying the local contracting official of the sample collection schedule prior to the collection date. Such notification shall include, but is not limited to, the names of the individuals to be collected, IV-D case number, collection site and date and time of collection.

Collectors

1. Provide qualified collectors to collect samples at the mutually agreed upon location in all 120 Kentucky counties, other states and countries. The persons collecting the samples shall be trained by the vendor and qualified to collect genetic samples. Certified phlebotomists are not required. The Vendor shall not utilize Kentucky child support staff to collect the sample.

2. In the event that the designated collector for a particular county cannot appear on the collection date, assure a replacement collector arrives within fifteen (15) minutes of the originally scheduled start time.

3. If a collector is late or does not appear on the collection date and the collection has to be rescheduled, the sample collected on the rescheduled date is at the Vendor’s expense.

Sample Collection

1. Pay all costs involved with in state, out-of-state and out of country sample collection including, but not limited to, site rental, collection and proper storage, handling and shipping.

2. Supply all forms and supplies necessary to complete the services required under this contract at no cost to the state.

3. Require appropriate identification for each mother and alleged father collected. Current government identification such as a driver’s license, state ID, passport or military ID is preferred. If individual does not have appropriate identification and the other party is present, the collector may ask the other party to verify the identity of the individual. If the other party is not present, cannot verify the identity of the individual or the

Document Description Page 6 collector has any doubt as to the identification of an individual, the collector shall not collect the sample. In correctional facilities the identification of the individual may be presented by the correctional facility official.

4. In every instance, including the child, a recognizable photograph and thumbprint shall be taken for each sample donor. The Vendor must supply the camera or other tools used to document the donor’s identity.

5. The type of identification provided and any number assigned to the identification must be included on the chain of custody form.

6. Collect samples using the least invasive method, such as buccal swabbing, before using blood, hair or other tissue samples.

7. Ensure a legal chain of custody of the genetic test samples. Provide training for chain of custody processing to collectors. The collector must supply and complete a chain of custody form and include the form with the sealed samples.

8. Once the sample is collected, the vendor must ensure the appropriate labeling, storing, handling, recording, transporting and mailing of the sample. Provide for overnight shipment of the genetic test samples by either express mail, next day mail, or courier service to the laboratory under conditions that shall ensure the integrity of each sample, chain of evidence of each sample, protection against tampering of each sample, and protection against possible intermingling of samples obtained from different individuals on the same day.

9. Within forty-eight (48) hours after scheduled sample collection, inform CSE through email to the local contracting official contact person of the names of individuals who were collected, not collected and refused collection.

10. The vendor shall not charge the agency for individuals who fail to appear for sample collection.

11. Notify the local contracting official within two (2) business days if a sample cannot be used and collect another sample at no additional cost to the state within fourteen (14) calendar days.

DNA Testing

1. Perform DNA parentage testing of the collected samples at the Vendor’s laboratory. Testing services shall not be sub-contracted to another laboratory.

2. Perform Polymerase Chain Reaction (PCR) genetic testing primarily to establish paternity. The vendor must confirm all exclusions in a minimum of three systems/locations. All inclusions must be calculated with a probability of paternity equal to or exceeding 99%. The vendor shall use additional testing, as warranted, according to approved industry protocols and standards. If the alleged father is not excluded or not found to likely to be the father (99% probability), the lab will retest until a probability of 99% or more is reached, if possible.

3. Complete motherless testing when the mother fails to comply with sample collection or is otherwise not available for sample collection.

4. Utilize, with no cost for sample collection, past individual samples when the previously tested individual is a party to other paternity determinations and there is a court order for genetic testing.

Testimony and Advice

1. Provide expert testimony as needed in any court proceeding in which genetic test results are challenged.

The Vendor shall be responsible for all costs associated with the provisions of the expert witness.

2. Assist in the preparation of responses to pre-trial motions and discovery, including but not limited to, depositions, interrogatories and answers thereto, requests for production of documents and responses thereto, subpoenas and responses thereto and trial preparation, at the Vendor’s expense.

Document Description Page 7

3. Be available to discuss the collection approach, chain of custody, test results and genetic testing theory with CSE upon request and provide certain information in writing, including affidavits, in situations that do not necessitate the presence of an expert witness.

Retention and Destruction of DNA Samples

Follow the American Association of Blood Banks (AABB) retention and destruction of DNA sample guidelines, and maintain collected DNA partials and completed samples for a minimum of five (5) years, along with related inventory records.

Secure Website

Provide online access to the Vendor’s secure website to designated child support staff in all local contracting official offices, Regional Child Support Offices and Central office. All child support staff with access to the Vendor’s online site shall have the ability to:

a. Schedule appointments with the option to choose the collection site, time, date of the appointment and receive immediate confirmation.

b. Check the status of the sample collection within three (3) calendar days of the scheduled sample collection including, but not limited to, the names of those that appeared and did not appear for testing, date of receipt of the sample by laboratory, and any problems associated with sample collection.

c. View photographs of the person(s) being tested within three (3) calendar days of sample collection.

d. Monitor the progress of each specimen from collection, testing, review, and results report.

e. Print certified test results in format approved by CSE.

Customer Service

1. Provide name(s), email address(es), and telephone number(s) of person(s) in their organization that can be contacted by CSE staff between the hours of 8:00 am to 4:30 pm EST to help answer questions and resolve issues.

2. Participate in teleconferences calls or meeting with CSE management staff and local contracting official staff as requested by CSE.

3. Respond to CSE management inquiries within one (1) business day.

Transition

1. Provide a high level draft implementation plan within ten (10) calendar days of contract award. Establish a final implementation plan with the cooperation of CSE.

2. Contact each local contracting official within five (5) calendar days of contract award to obtain the name of the current collector, identify any issues with the current collector, determine the collection location, determine the collection schedule and the next collection date and obtain a list of child support employees in the office that need access to the Vendor’s website. If the Vendor elects not to employ the collector utilized by the prior Vendor, the new Vendor must provide the name of the new collector and contact information to the local contracting official by the effective date of the contract.

3. Provide access to the Vendor’s website to designated child support staff within five (5) calendar days of the effective date of the contract.

4. Accept, store and utilize all viable test results, reports, and DNA test samples provided by the previous Vendor. Cooperate with the previous Vendor in the transition of any tests in process, previous tests and partial samples.

Document Description Page 8

5. Submit a transition plan to CSE thirty (30) calendar days prior to the termination of the contract or the vendor’s reassignment of the contract to a successor vendor. The plan must provide for transitioning all partial DNA samples collected and/or test results to a subsequent vendor in the event the vendor does not continue as CSE’s vendor. There shall not be any cost associated with the plan or the transition to either CSE or the successor vendor. Payment may be withheld if the vendor fails to cooperate with CSE in making an orderly, effective, and controlled transition.

6. Allow CSE staff to access the vendor’s website for forty-five (45) days after this contract expires to allow staff to monitor the status of testing that has not been completed and receive those test results.

2.10 - Reporting Requirements

1. The Vendor shall submit a report by the tenth (10th) day of the month following the month of service to the CSE Assistant Director, which specifies the following information by county:

a. The number of test samples received;

b. The average turnaround time;

c. The number of tests requiring more than the average turnaround time;

d. Exclusion rates;

e. Inclusion rates; and

f. The number of tests still pending.

2. Within fourteen (14) calendar days of sample collection, provide a certified results report on the vendor’s secure website. Provide notice to the local contracting official office via email on the day the certified results report is available on the vendor’s secure website. The fourteen (14) calendar day timeframe begins from the date the lab receives the last sample required to perform the test. Notify the local contracting official within two (2) calendar days when the Vendor cannot provide the test results within the fourteen (14) calendar day timeframe and provide the reason for the delay and an estimated date for receipt of the test results.

If the certified test results are received fifteen (15) calendar days or later, the test shall be at the expense of the Vendor.

The certified results report must include:

• Tester’s name, title, telephone number, qualifications and certification of the tester.

• Sample donor’s name and relationship to the case

• IV-D case number

• Date of collection and the date the test was performed

• Type(s) of test(s) performed

• Probability of paternity

• Combined paternity index

• Conclusions

• Sample donor’s clearly viewable photograph, thumbprint and last four digits of his/her SSN.

• Method by which the mother, child and alleged father were identified when the samples were obtained

• Verified chain of custody

• Attestations signed by all the parental donors.

The certified results report must be available in an electronic format, approved by CSE, that can be easily printed for distribution to the parties and the court. The certified results report must also be available in an electronic format, approved by CSE, that CSE staff can easily upload into the CSE Electronic Case File (ECF) application.

If at any time during the contract period, CSE is able to receive the test report data elements directly into the child support system, the Vendor shall participate in planning, design, building, testing and implementation as requested by CSE at no charge to the State.

2.20 - Subcontractors

Subcontractors are not considered acceptable for this Contract.

Document Description Page 9

2.30 - Pricing and Payment Requirements

The vendor will be paid per sample collection based on vendor pricing scale. Services are to be billed as follows:

Invoices for payment shall be submitted to the Cabinet for Health and Family Services, Child Support Enforcement electronically to CSEINVOICES@ky.gov. Invoices must be submitted no later than thirty (30) days after completion of the service. Payment shall be conditioned upon receipt of appropriate, accurate, and acceptable invoices submitted in a timely manner.

The Contractor shall submit monthly invoices. Invoices shall contain the following:

1. Legislative Research Commission’s Government Contract Review Committee Invoice Form; and

2. Cover page that summarizes the charge for each county the vendor did work for during the month and the total charge for the entire invoice. Include the number of samples collected for each county and the amount charged per sample collection.

3. Supporting documentation by county to include the number of samples collected in the month, whether testing was completed, date county requested sample collection, name of the individual whose sample was collected, date of collection, IVD case number, test results, date result report was provided online. Invoices that do not contain the requirements above will be rejected and sent back to the Contractor for re-invoicing.

2.40 - CHFS Responsibilities

Provide a list of local contracting official contact persons, names and email addresses to the Vendor within three (3) business days following the award of this contract.

2.50 - Monitoring Requirements - Federal and State

The Department may monitor for programmatic and fiscal compliance with the terms and conditions of this Contract and those specific provisions set out under the contract.

The Vendor further understands and agrees, that CHFS and any of its duly authorized agents or representatives shall have access to any books, documents, papers, records or any other materials which are pertinent to this contract, for the purposes of making monitoring, auditing, examination, excerpts, and transcript as further defined in Section 11.03.06 Intellectual Property.

3.00 - Evaluation Criteria

The Divison of Child Support Enforcement will evaluate the proposals based on the following evaluation factors:

1. Technical

Document Description Page 10

Past Contractor Performance may be considered in the award of this Contract. Contractors with a record of poor performance in the last twelve (12) months may be found non-responsive and ineligible for award.

The following requirements are mandatory for a proposal to be considered. Failure to provide the following shall render the bid non-responsive:

ADMINISTRATION (500 points possible for this section)

A. General description of the agency, including the following:

1. Agency background and basic philosophy.

2. General functions.

3. Location and function of programs operated by the Agency.

B. Agency’s Experience and Qualifications:

1. Describe your agency’s experience and qualifications for providing genetic testing services.

2. Provide names, phone numbers of all child support agencies for whom you have provided the same service in the past five years and dates the services were provided.

C. Explanation of staff utilization - Provide the following summary for all staff that will be providing services:

1. Position title and summary of duties associated with genetic testing services.

2. Percentage of time allocated to genetic testing services.

3. Level of expertise administering genetic testing services.

D. Describe the agency’s policy and procedures for the following:

1. Maintenance of records and genetic test samples.

2. Method of maintaining confidentiality.

3. Orientation and training of staff.

SERVICE IMPLEMENTATION DESCRIPTION (500 points possible for this section)

A. Scope of Work

1. Describe your implementation plans and methodology for each of the Scope of Work items listed in Section 2.0

Criteria Points Possible Administration 500

Service Implementation 500

Document Description Page 11

Total Points Possible for Technical Proposal 1000

2. Cost

The offeror is responsible for including and identifying all costs associated with the delivery of service.

Offerors shall ONLY provide cost information on the Cost Proposal. Offerors shall submit their cost proposals in the manner set forth below otherwise the proposal may be deemed non-responsive.

Pursuant to 200 KAR 5:410, the cost evaluation is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries as described in Section 6.19, herein.

Submit the Cost Proposal in a separate, sealed package, clearly marked with the respondent’s name, the RFP number, and the RFP submission date in the format described in this Section. An individual authorized to legally bind the respondent must sign the Cost Proposal in ink.

Respondents must base their Cost Proposal on Section 2 - Scope of Work.

After determining the best proposal received, the Commonwealth may negotiate a fair and reasonable fee schedule based on the proposed pricing submitted in the bidders’ proposal.

Cost Proposal should include the following:

A. Proposed cost per sample collection.

B. Cost narrative which provides a detailed explanation of how the state cost per sample collection was determined.

Criteria Points Possible Cost Proposal and Cost Narrative 200

Total Points Possible for Cost Proposal 200

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 January 28, 2020 Written Questions due by: TIME February 15, 2020 Anticipated Commonwealth Response to Written Questions February 25, 2020 Proposals Due by: 2:00 pm March 17, 2020 All bidders are cautioned to be aware of the security in the CHR Building located at 275 East Main Street, Kentucky. All bids shall be time stamped in the Division of Procurement and Grant Oversight no later than the due date and time defined in this Solicitation. In person or courier delivered bids in response to this Solicitation shall be delivered to Division of Procurement and Grant Oversight, Mailstop 4E-C. Delays due to building security checks shall not be justification for acceptance of a late bid.

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

5.00 - Offeror’s Conference

Document Description Page 12

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, electronic mail or fax), concerning this procurement shall be addressed to:

Regina K. Long Office of Administrative Services 275 East Main Street, 4E-C 502-564-7736 ReginaK.Long@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 shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and the Proprietary Information, if applicable.

Document Description Page 13

The Technical Proposal should include one (1) marked original hard/paper copy technical and 4 marked technical thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

The Cost Proposal should include one (1) marked original hard/paper copy cost and 4 marked cost thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

If applicable, any Proprietary Information should include one (1) marked original hard/paper copy proprietary and 1 marked proprietary data thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

All proposals must be received no later than 2:00 pm, March 17, 2020.

Proposal shall be submitted to the Agency Contact. The outside cover of the package containing the technical proposal shall be marked:

Child Support Genetic Testing

RFP 2000000097

TECHNICAL PROPOSAL

Name of Offeror

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

Child Support Genetic Testing

RFP 2000000097

COST PROPOSAL

Name of Offeror

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

Child Support Genetic Testing

RFP 2000000097

PROPRIETARY PROPOSAL

Name of Offeror

ELECTRONIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED.

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.

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g. The name, address, telephone number, fax 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.

Document Description Page 15 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

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

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

CHFS 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

CHFS will evaluate the proposal based on the cost portion of the Evaluation Criteria.

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

9.30 - Right to Reject/Waiver of Minor Irregularities

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

9.40 - Clarification of Proposals

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

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

9.50 - Best and Final Offers

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

9.60 - Vendor Response and Public Inspection

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

Document Description Page 16 http://finance.ky.gov/services/policies/Documents/FAP%20110-10-00.pdf

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. CHFS 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 to Verify/Expand on Proposal

The Commonwealth reserves the right at its discretion to require Oral Presentations by some or all of the Offerors to verify or expand on the Technical or Cost Proposals.

9.85 - Oral Presentation 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 or in the event that they would not affect the final rankings.

9.90 - Negotiation

After conducting the evaluation to determine the best proposal received, CHFS 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, CHFS 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.

Document Description Page 17

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: http://emarsonline1311.state.ky.us/webapp/ vssprdonline/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. The resulting written agreement awarded from this solicitation and any subsequent written amendments.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

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

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

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

10.30 - Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from July 1, 2020 through June 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.

Document Description Page 18

2000000097 CHILD SUPPORT GENETIC TESTING FY21

http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService

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

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

10.40 - Changes and Modifications to the Contract

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

CHFS STANDARD TERMS AND CONDITIONS FOR PERSONAL SERVICE CONTRACTS

11.00 - General Provisions

11.00.01 - Headings

The section headings in this Contract are for reference and convenience only and shall not have any effect on the construction or legal effect of this Contract.

11.00.02 - Assignment

This Contract shall be binding upon and inure to the benefit of the respective legal successors of the Parties.

However, neither this Contract nor any rights or obligations hereunder may be assigned, in whole or in part, without the prior written consent of CHFS, Division of Procurement and Grant Oversight, and the Division of Accounting Services.

11.00.03 - No Required Use of Contract

This contract does not guarantee any minimum use of services. The Cabinet reserves the right to leave all, or any portion, of the contract unused and/or to establish other contracts for additional and/or related services.

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the Contractor shall fully cooperate with such other Contractors and Commonwealth employees.