Final_RFP_729_2100000015_1_SO_FORM.PDF

Document ID: RFP 729 2100000015 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Western State Hospital Podiatry Services C2300

Date Issued:

10/16/20 Record Date:

2020-10-13

Solicitation Closes Date:

12/4/20 Time:

14:00

Solicitation No:

RFP 729 2100000015

Online Bidding Prohibited: Yes

For Information Call:

Shkelzen Halili 502-564-7736

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFP 729 2100000015 Page: 2

Line Items

Commodity Group: Default

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

1 FY21 Podiatry Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

948 HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 952)

Extended Description The vendor shall provide three (3) days maximum service per month, to include one (1) all-day clinic each month for the patients/residents of Western State Hospital.

Shipping Information

Billing Information CHFS DBHDID - Administration & Financial Management

275 E Main Street 4CD

Frankfort KY 40601-0001

Document ID: RFP 729 2100000015 Page: 3

Submission Checklist

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

Item Technical Proposal Cost Proposal Oral Presentation

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 8.10 of this RFP)

_____ *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 8.01 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

Document Description Page 4

2100000015 Western State Hospital Podiatry Services C2300 https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Cabinet for Health and Family Services Western State Hospital Podiatry Services

RFP 729 2100000015

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 Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID).

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 purpose of this Request for Proposal is to provide podiatry services for the patients/residents of Western State Hospital (WSH) (Facility) and Western State Nursing Facility (WSNF) (referred to collectively as WSH). The vendor shall provide three (3) days maximum service per month, to include one (1) all-day clinic each month for the patients/residents of WSH.

Western State Hospital is a 175 bed acute care psychiatric facility, with a 144 bed Skilled Nursing Facility (Western State Nursing Facility) located in Hopkinsville, Kentucky. Western State Hospital is regulated by The Joint Commission, Centers for Medicare and Medicaid Services (CMS), the CHFS Office of the Inspector General, as well as various clinical and professional organizations to provide routine and emergency medical procedures and/or services.

There is no guarantee of a specific caseload or amount of work or minimum number of hours. The service hours utilized will be based on the needs of the facility.

2.00 Scope of Work

The vendor shall provide part-time podiatry services for the patients/residents of Western State Hospital and Western State Nursing Facility (referred to collectively as WSH).

A. Responsibilities

The vendor shall be responsible for the following functions:

1.Provide the services of a licensed Podiatrist in the Commonwealth of Kentucky in accordance with Kentucky Revised Statutes (KRS) requirements to provide quality and timely podiatry services to meet the needs of the patients/residents of WSH and WSNF.

2. Work under the direction of the facility Medical Director.

3. Provide appropriate referrals to other sources, as needed. If the referral to a specialist requires transportation of the WSH/WSNF patient, the facility will be responsible for the transport and cost.

4. Participate in training programs implemented by Western State Hospital/Western State Nursing Facility for the direct care staff and auxiliary, as needed.

5. Evaluate and treat, to include, but not limited to the following conditions:

Document Description Page 5

a) Fungal nail infections;

b) Corns;

c) Calluses;

d) Ingrown toenails; and

e) Clipping and debridement of toenails.

6. Provide evaluation and routine foot care for diabetic individuals.

7. Provide recommendations and schedule follow-up visits, as needed.

8. Prescribe medication.

9. Maintaining documentation of appropriate medical records and progress notes on patients examined, including maintaining a personal provider note pad, leaving original of all provider notes with the facility for scanning into MediTech records, and maintaining a provider copy for individual provider records.

10. Provide services for a maximum of three (3) days per month, which shall include at a minimum, one

(1) all-day clinic per month.

11. Provide consultation to facility nursing staff, other facility staff physicians, consultants, or resident’s families in regard to the medical care of the patients/residents, advisement, or follow-up with regard to client injuries or illness.

12. Be available Monday through Friday, 8AM EST to 5PM EST to provide consultation via telephone, or answering service as necessary. This service is not included in the maximum three (3) days on-site visits per month or the minimum one (1) day on-site visit. This service is by phone for consultation only.

13. Provide his/her own medical equipment needed to perform required podiatry services for the patients/ residents of Western State Hospital and Western State Nursing Facility.

14. Individuals served shall have their basic rights of self-determination and participation in treatment decision making safeguarded and respected. Treatments provided shall be least restrictive and any form of medical or dental restraint shall be used only under the auspices of a human rights committee and in conjunction with behavior support specialists of Western State Hospital and/or Western State Nursing Facility.

B. Meet HIPAA and maintain the Kentucky Board of Podiatry, The Joint Commission, Centers for Medicare and Medicaid Services, and various other licensing requirements and/or standards, throughout the contract term.

C. Insurance

Have and maintain malpractice liability insurance in the amount of no less than $1,000,000 (policy limit) and comprehensive general insurance in the amount of no less than $1,000,000 per individual claim, and $3,000,000 in the aggregate (policy limit). In the event that any insurance coverage lapses, or is modified in any way, the vendor shall notify the facility in writing within five (5) working days.

D. Mandatory Requirements for Facility Contracted Staff

For each applicant recommended for consideration to provide services through this contract, the vendor shall provide individual’s (1) application to include required license/certification, as appropriate, and (2) evidence of the following credentials:

1. Record Checks: A current and satisfactory criminal and nurse aide abuse registry check in accordance with KRS 216.793, KRS 27A.300, KRS 17.151 and 902 KAR 20:410, Section 5(5). Current is within the last thirty (30) days. Satisfactory is with no convictions or outstanding charges which would constitute a felony conviction under 902 KAR 20:410, Section 5(5).

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A criminal record check shall be completed through the Kentucky State Police Information Center or the Administrative Office of the Courts. The State Justice Cabinet approves both. If an individual providing services under the contract has resided or worked in a state other than Kentucky a satisfactory records check shall be required of those states as well.

All individuals providing services under this contract may be subject to a fingerprint-supported state and FBI check under the KARES Kentucky Applicant Registry and Employment Screening Program (KARES).

2. Purified Protein Derivative (PPD/TB skin) Test: Evidence of a current PPD (TB skin) test or Blood Assay for Mycobacterium tuberculosis (BAMT). If a current PPD test or BAMT is not available, the c vendor shall provide this service at no charge to the individual.

3. Cardiac Pulmonary Resuscitation certification (CPR): Evidence of CPR certification, if required of the position.

4. Drug Testing: Pursuant to 908 KAR 3:190 evidence that individuals recommended to provide services through this contract have successfully completed a ten (10) panel, plus Oxycodone drug test (“Pre-appointment testing”) within the last 30 days. Pursuant to 908 KAR 3:190, section 10, paragraph (1) “… the department shall, at a minimum, test for”:

(a) Marijuana; (g) MDMA (Ecstasy);

(b) Cocaine; (h) Methadone;

(c) Opiates; (i) Benziodiazepines;

(d) Amphetamines; (j) Barbiturates, and

(e) Phencyclidine; (k) Oxycodone.

(f) Morphine;

Costs associated with conducting pre-employment drug testing of prospective test-designated individuals shall be borne by the contract agency.

Pursuant to 908 KAR 3:190, the DBHDID may require random or reasonable suspicion drug testing of individuals providing direct care services under this contract.

5. OIG LEIE Record Check: In accordance with the Social Security Act sections 1128 and 1156, the Federal Office of Inspector General maintains a List of Excluded Individuals and Entities (LEIE) which shall be reviewed prior to allowing contract agencies or personnel to work within WSH or WSNF. Any contract agency or contract personnel included in such list shall be prohibited from operation in connection with this contractual agreement. The website address for the LEIE is http://exclusions.oig.hhs.gov.

No individual providing services under this contract shall start to work without the required credentials stated above. This information shall be sent to a designee at the facility level and be approved prior to work assignment.

Candidates presented by the vendor for the services defined in this contract shall be screened by the vendor and the facility and deemed qualified and suitable by the Facility Director or designee in accordance with the provisions of this contract. The vendor shall coordinate interviews between the candidates and the Facility.

The vendor shall be responsible for all cost relating to interviews and relocation. The Facility Director shall have right of refusal of any applicant for any reason.

E. Orientation

Individuals selected to provide services shall attend required facility orientation training prior to working in patient treatment areas. The cost incurred shall be the responsibility of the vendor and not that of the facility.

F. Facility Policies and Procedures

The vendor shall ensure that individual(s) providing services under this contract abide by DBHDID Facility Policies and Procedures. Facility Policies and Procedures are found on the facility Intranet. Changes to Facility Policies and Procedures are sent to all personnel by e-mail.

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2.10 Pricing and Payment Requirements

Vendor shall submit monthly invoices for services rendered to the Facility Business Office on the PSC Invoice Form. Supporting information will be reviewed by the Facility Business Office staff. The billing information received from the contractor will be reconciled to copies of the time records that have been approved by the appropriate department staff. Follow-up will be performed on discrepancies. Contract information will be referenced to any clarification. Monthly payments will be based on the rate per hour regardless of service provided.

Services are to be billed as follows:

Hourly rate is a flat rate per hour. Hourly rate shall be all-inclusive. Travel costs or training costs will not be reimbursed under this agreement.

Invoices for payment shall be submitted to the Facility Business Office or electronically to WSHBusinessOffice@ky.gov on the PSC Invoice form. 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 vendor shall submit monthly, invoices in accordance with Section 10.00-Invoices for fees. Invoices shall contain two parts:

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

and

2. Supporting documentation.

Invoices that do not contain the requirements above will be rejected and sent back to the vendor for re-invoicing.

2.20 CHFS Responsibilities

The Facility may:

1. Assist vendor in acquiring information and providing services relevant to treatment of patients/ residents.

2. Provide monitoring of contract performance and completion of contractual requirements.

3. Provide appropriate clinical staff to authorize treatments.

4. Provide the vendor as much advance notice of staffing needs and appointments as possible. It is realized by both parties that emergency siutations do occur.

5. Review invoices for accuracy.

2.30 Reporting Requirements

The vendor shall:

1. Provide detailed written reports, evaluations and special reports related to podiatry services in the manner and format set by the facility, upon request.

2. Provide a monthly report, by the 10th day of the month following the services, reflecting number of hours provided per date, total number of hours, and total costs, to include a cumulative total number of hours and total cost throughout the contract term shall be submitted to the Medical Director, or designee.

3.00 Evaluation Criteria

The Agency will evaluate the proposals based on the following evaluation factors:

Document Description Page 8 mailto:WSHBusinessOffice@ky.gov

1. Technical

The Commonwealth shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The Commonwealth may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Commonwealth reserves the right to reject all proposals.

The information provided in the proposals must be attached with cross-references to the appropriated location in the Solicitation (i.e. page number, paragraph, subject, etc.).

The Cabinet seeks responses that demonstrate an understanding of each area and explains how the requirement will be met and/or how the vendor will comply with the requirements of the RFP.

Technical Scoring Criteria

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

1. Proof of Liability, Malpractice and Workers Compensation Insurance, and certificates or professional (medical) and contractual liability insurance at a minimum of $1,000,000 per incident and $3,000,000 per year.

2. Submit documentation of licensure to practice as a Doctor of Podiatry in the Commonwealth of Kentucky in accordance with current Kentucky Revised Statutes (KRS) requirements.

3. A statement certifying acknowledgement that the Department for Behavioral Health, Developmental and Intellectual Disabilities shall not be liable for any employee insurance associated with the contract awarded from this Solicitation, including, but not limited to medical malpractice.

4. A statement certifying that the vendor or individual that will provide services is not currently an excluded Medicare/Medicaid provider, and from the Office of Inspector General, List of Excluded Individuals/Entities

(LEIE).

I. Applicant Description 200 Points

Provide a brief overview and mission of the company/agency. Describe the company/agency’s background, credentials (which would include resumes), and knowledge base as it relates to accommodating the podiatry needs of the Department for Behavioral Health, Developmental and Intellectual Disabilities, Western State Hospital and any work with individuals with behavioral health, developmental and intellectual disabilities, and who are medically fragile.

II. Experience and Qualifications 1000 Points

A. Provide a brief description of past work history with similar criteria as this Solicitation. Description should include quality and depth of the company/agency’s expertise and its prior capability to provide similar services, and number of years providing these services. Discuss the company/agency’s past performance with contractual activities. Discuss the company/agency’s past performance working with individuals with behavioral health, developmental and intellectual disabilities, and who are medically fragile.

The Offeror with the most years of prior applicable experience working with individuals with persistent mental illness with developmental disabilities, and who are medically fragile will receive the maximum score. Other Offerors will receive points by dividing their years of experience by that of the years of experience of the Offeror with the maximum score and multiplying that percentage by the available points. The maximum number of years considered is ten (10). The Offerors must provide sufficient evidence which supports the number of years’ experience working with individuals with persistent mental illness with developmental disabilities and who are medically fragile stated in their proposal.

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B. Provide three (3) references from past work history. Specify the following information: Name and address of business; contact name, title, telephone number, and email address; dates of service (beginning and end dates); description of work performed, level of care and acuity of patients/residents and contract amount, if applicable.

Criteria Points Possible Applicant Description 200

Experience and Qualifications 1000

Total Points Possible for Technical Proposal

2. Cost

Cost Scoring Criteria

The Offeror is responsible for including and identifying all costs associated with the delivery of services.

The cost proposal shall be submitted on the attached Cost Proposal Form and consist of an hourly rate to provide needed podiatry services on-site at Western State Hospital, Western State Nursing Facility. Hourly rate shall be all inclusive. No travel costs or training costs will be reimbursed under this agreement. Please take this into consideration when proposing an hourly rate.

Offerors are cautioned not to make assumptions when submitting cost proposals. If clarifications are needed, please submit questions during the Question and Answer period to ensure all cost assumptions are confirmed or clarified. Costs left out of a proposal on an assumption will not be negotiated at the time of award.

Proposed rate per hour of service 800

Total Points Possible for Cost 800

3. Oral Presentation, if required

Oral Presentation if Applicable 200

Total Points Possible for Oral Presentation 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 October 16, 2020 Written Questions due by: 2:00 PM October 30, 2020 Anticipated Commonwealth Response to Written Questions November 16, 2020 Proposals Due by: 2:00 PM December 04, 2020

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

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Proposals scoring fewer than 850 points on the Technical Evaluation shall be eliminated from further consideration.

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, written (electronic mail), concerning this procurement shall be addressed to:

Shkelzen Halili shkelzen.halili@ky.gov

From the issue date of this RFP until a vendor(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.

All proposals must be received no later than the close time and date listed in Section 4.00.

All proposal submissions must be sent via Secure File Transfer on https://ftp.ky.gov

Complete instructions for submission are attached to the header.

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

8.10 Format of Technical Proposal

The Technical Proposal must be arranged and labeled in the manner set forth below.

Transmittal Letter – a Transmittal letter shall be submitted on Offeror’s letterhead, and signed by an agent authorized to bind the Offeror. The Transmittal letter shall include the following:

a. A statement that deviations are included, if applicable.

b. A statement that proprietary information is included, if applicable.

c. A statement that, if awarded a contract as a result of this Solicitation, the Offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640.

d. A sworn statement that, pursuant to KRS 11A.040, that Offeror has not knowingly violated any provisions of the Executive Branch Code of Ethics.

e. A statement certifying that the price in this proposal was arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

f. A statement affirming that the Offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the Office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

g. The name, address, telephone number, 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

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2100000015 Western State Hospital Podiatry Services C2300 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

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

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

Document Description Page 13 http://finance.ky.gov/services/policies/Documents/FAP%20110-10-00.pdf

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 RFP shall be available for public inspection after contract award pursuant to the Kentucky Open Records Act, KRS 61.870 to 61.884 (“the Act”). When responding to a request to inspect records submitted in response to this RFP, the Commonwealth will not redact or withhold any information or documents unless the records sought are exempt from disclosure pursuant to KRS 61.878 or other applicable law. Similarly, no such documents shall be exempt from public disclosure, regardless of the Offeror’s designation of the information contained therein as “proprietary,” “confidential,” or otherwise, except in cases where the requested documents (or information contained therein) would be excluded from application of the Act under KRS 61.878(1)(c).

The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right.

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

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

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

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. 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.

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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.

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

Document Description Page 15

2100000015 Western State Hospital Podiatry Services C2300 http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService

The initial term of the Contract is anticipated to be from January 1, 2021 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.

The Commonwealth reserves the right to renew this contract for up to five (5) additional one (1) year periods.

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

10.40 Changes and Modifications to the Contract

Pursuant to 200 KAR 5:311, no modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the Contractor and the Commonwealth, and incorporated as a written amendment by 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. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or by Commonwealth employees.

11.00.04 Severability

It is understood and agreed by the Parties that if any part, term, or provision of this Contract is held by the courts to be illegal or in conflict with any law of the Commonwealth of Kentucky or of the United States of America, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid, if the remainder of the Contract is capable of performance.

11.00.05 Indemnification

The Contractor shall indemnify and hold harmless CHFS and its agents, representatives, officers, directors, employees, insurers, successors, and assigns from and against any and all expenses, costs (including

Document Description Page 16 attorneys’ fees), causes of action, liability, loss and/or damages suffered or incurred by it or any of them, that results from or arises out of (a) this Contract; (b) any and all acts of the Contractor and or its Subcontractor(s); (c) the policies and procedures of the Contractor, specifically including all Contractor employment practices employed by Contractor during the term of this or any prior Contract with CHFS;

(d) any dishonest, fraudulent, criminal, or negligent or unauthorized acts or errors or omissions which are committed by Contractor or any of Contractor's employees or agents or Subcontractors; (e) the publication translation, reproduction, delivery, performance, use or disposition of any data produced by CHFS in an unauthorized manner, provided that such action was not taken by Contractor or as a result of the express written request of CHFS; or (f) Contractor's failure to comply with any applicable state or federal laws or regulations.

Provided, however, in the event the Contractor is an agency of the Commonwealth of Kentucky, the state agency’s liability shall be governed instead by KRS 49.010 through KRS 49.180 and limited to any award from the Kentucky Claims Commission up to the jurisdictional amount.

11.00.06 Sovereign Immunity

The Parties expressly agree that no provision of this Contract constitutes a waiver by CHFS or the Commonwealth of Kentucky of any immunities from suit or from liability that CHFS or the Commonwealth of Kentucky may have by operation of law.

11.00.07 Force Majeure

Neither Party shall be liable for public utility performance (e.g., Postal Service, Telephone, or Water Company) or for the consequence of public utility non-performance. Events or conditions beyond the reasonable control of the Parties, such as natural disasters, fires, floods, elements, transportation crashes, or utility failures shall not be construed as non-performance, nor shall reductions be applied as a result of such events, provided that CHFS shall have the right to obtain the necessary services elsewhere in the event of such non-performance by the Contractor and the Parties shall negotiate in good faith any appropriate offset to the compensation payable under this Contract. The Contractor shall cooperate and shall require that any Subcontractor cooperate with CHFS in such event. The existence of such causes of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the causes of delay or failure have been removed. Each Party must inform the other, orally or in writing, as soon as possible of the existence of a force majeure event. In order to preserve this right as a defensem each Party must inform the other in writing, with confirmation of receipt, within twenty (20) business days of the existence of a force majeure event or otherwise waive this right as a defense.

11.00.08 Maintenance of Insurance

During the term of this Contract, the Contractor shall maintain and shall require any Subcontractor to maintain their directors and officers liability insurance, workers' compensation insurance, employer liability insurance, and such other liability insurance as reasonably necessary in the Contractor's business judgment to provide adequate coverage against losses and liabilities attributable to the respective acts or omissions of the Contractor and the Subcontractor(s) in the performance of this Contract. The Contractor shall provide or cause to be provided and shall require any Subcontractor to provide or cause to be provided evidence of such coverage upon request.

To the extent that the Contractor and any Subcontractor are not self-insured, each shall, in any event, name CHFS as an additional insured on any policy of coverage, with the exception of the workers compensation and any reinsurance. The Contractor and any Subcontractor shall notify CHFS of the evidence of insurance coverage within five (5) business days of coverage. Notice shall be sent in writing to the Department.

CHFS shall not be responsible for any premiums or assessments on the policy or policies held by the Contractor or any Subcontractor under this Contract. CHFS may, at its sole option, pay one or more premiums, if it decides that to do so would be in the best interest of the Cabinet. Should CHFS exercise this option, it shall be fully reimbursed by the Contractor, either by Contractor directly or by an offset against future payments.

The Certificate of Insurance for any policy other than self-insurance or any reinsurance must require that the insurer shall not cancel the coverage without thirty (30) days prior written notice to CHFS.

Contractor shall notify CHFS within five (5) business days of any cancellation or interruption of Contractor or Subcontractor’s insurance coverage. CHFS shall require in any subcontracts that the Subcontractor provide such notice within five (5) business days to the Contractor and CHFS. Contractor shall assure and require that any Subcontractor assure that insurance is in effect at all times during the life of this Contract.

If their respective insurance coverage expires at any time during the term of this Contract, the Contractor and any Subcontractor shall provide at least thirty (30) calendar days prior to the expiration date, to the

Document Description Page 17 extent possible, a new Certificate of Insurance evidencing coverage as provided herein for not less than the remainder of the term of this Contract.

11.00.09 Licensure, Certification, and Registration

The Contractor shall:

1. Ensure that all appropriate licenses, registrations, and/or certifications necessary are maintained at all times to the extent such are required for performance under this Contract;

2. Ensure that it has readily accessible copies of licenses, registration, and/or certifications necessary; and

3. Produce copies of any required license, registration, and/or certification at the request of CHFS or the Cabinet’s designee.

11.00.10 Permits, Licenses, Taxes, and Laws

The Contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments in which work under this Contract is performed.

To the extent required by law, the Contractor shall pay any sales, use, personal property and income taxes arising out of this Contract and the transaction contemplated hereby. Any other taxes levied upon this Contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the Contractor.

Contractor shall be responsible for all applicable Federal (including FICA), State and Local tax withholdings.

11.00.11 Legal Proceedings

Except as specifically disclosed in writing to CHFS by the Contractor, prior to the date of this Contract, Contractor certifies there are no suits, investigations, or…