Final_RFP_729_2100000192_1_SO_FORM.PDF

Document ID: RFP 729 2100000192 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Dietician - Glasgow State Nursing Facility (C2682)

Date Issued:

3/22/21 Record Date:

2021-03-17

Solicitation Closes Date:

3/31/21 Time:

14:00

Solicitation No:

RFP 729 2100000192

Online Bidding Prohibited: Yes

For Information Call:

Aubrey Mason 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 2100000192 Page: 2

Line Items

Commodity Group: Default

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

1 FY22 Dietician Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

948 HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 952)

Extended Description The Contractor shall provide Glasgow State Nursing Facility with the services of a part-time licensed Dietician to provide for the necessary clinical and dietary needs of the patients.

100% Agency Funds

Contract Term: July 1, 2021 through June 30, 2022

Shipping Information

Billing Information CHFS DBHDID - Glasgow State Nursing

207 State Avenue

Glasgow KY 42241-2200

Document ID: RFP 729 2100000192 Page: 3

Submission Checklist

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

Item Technical Proposal, 900 Points.

Cost Proposal, 550 Points.

Oral Presentations, if applicable 200 Points.

Revised February 2021

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION-Section 8.10 of this RFP (not required if submitting electronically)

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

Section(s) 8.00 and 8.10 of this RFP

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

Section(s) 8.00 and 8.20 of this RFP

_____ TRANSMITTAL LETTER – Section 8.10 of this RFP

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

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

_____ REQUIRED AFFIDAVIT(S) – Section 8.10 of this RFP

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering” (Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/seal

Document Description Page 4

2100000192 Dietician - Glasgow State Nursing Facility (C2682) https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Cabinet for Health and Family Services Department for Behavioral Health and Intellectual Disabilities Dietician Services

RFP 729 2100000192

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 and Intellectual Disabilities.

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 (RFP) is to provide Glasgow State Nursing Facility (GSNF) with the services of a part-time licensed Dietician to provide for necessary clinical and dietary needs of the patients.

Glasgow State Nursing Facility (GSNF), operated under the Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID), within the Cabinet for Health and Family Services (CHFS), is a one hundred (100) bed licensed Nursing Facility located in Glasgow, Kentucky.

GSNF is required by the Centers for Medicare and Medicaid Services (CMS), CHFS Office of Inspector General (OIG), and various clinical and professional organizations to provide clinical dietary services to their patients. Service hours are based on the needs of the Facility, and the availability of State and/or Federal funds. There is no guarantee of number of hours or caseloads.

2.00 Scope of Work

Contractor shall provide the services of a licensed dietician to ensure necessary clinical and dietary services meet the needs of the patients at Glasgow State Nursing Facility (GSNF) that may require special treatment planning to meet their dietary needs.

2.10 Deliverables

A. Responsibilities:

1. Contractor shall be responsible for the following:

a. Provide a part-time recognized and licensed Dietician to provide for the necessary clinical and dietary needs of the patients. The dietician shall be licensed by the State of Kentucky Board of

Document Description Page 5

Licensure and Certification for Dieticians and Nutritionists. The dietician should have experience working with individuals with developmental and/or intellectual disabilities.

b. Be responsible for the salary, benefits, withholding of state/federal taxes, etc. of the individual.

c. Complete work on campus unless authorized by the Medical Director and/or Facility Director.

2. Dietician must:

a. Possess a bachelor’s degree or higher granted by a regionally accredited college or university in the United States (or equivalent foreign degree) with completion of academic requirements of a program in nutrition or dietetics accredited by an appropriate national accreditation organization recognized for this purpose;

b. Be licensed as a dietitian by the State of Kentucky Board of Licensure and Certification for Dieticians and Nutritionists.

3. Dietician shall be responsible for the following:

a. Assist the Director of Nursing and the Food Service Manager in the operations of the Clinical Dietary Services;

b. Plan, implement, and consult with the Dietary Department;

c. Provide patient charting and nutritional assessments;

d. Provide clinical dietary services as necessary for facility patients;

e. Consult with medical and clinical staff as needed;

f. Complete in-service training;

g. Participate in treatment planning;

h. Participate in resident assessment protocols and documentation; and

i. Work within the hours set forth by the facility to meet facility needs. The facility anticipates Dietician to work between twelve to fifteen hours per week, or around 700-800 hours for a one year term of the contract. Dietician will complete work on campus unless authorized by Facility Director. This schedule would be set between the days of Monday through Friday between the hours of 7:00 AM to 3:00 PM Central Standard Time (CST).

B. Meet Health Information Portability and Accountability Act (HIPAA) and Centers for Medicare and Medicaid Services, 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 contractor shall notify the facility in writing within five (5) business days.

D. Mandatory Requirements for Facility Contracted Staff:

No individual providing services under this contract shall start to work without the required credentials stated below.

For each applicant recommended for consideration to provide services through this contract, the contractor 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).

A criminal record check shall be completed through the Kentucky State Police Information Center or the Administrative Office of the Courts. The Commonwealth of Kentucky’s Justice and Public Safety

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Cabinet approves both. If an individual providing services under the contract has resided or worked in a state(s) other than Kentucky, a satisfactory records check shall be required of those states as well.

A check of the Kentucky Nurse Aide Registry shall also be completed. If the contract is with an individual, the contractor shall be responsible for the records, criminal, and abuse checks. This information shall be maintained by the Facility Human Resources Department and be on file prior to work assignment.

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

To enroll in KARES, please go to http://chfs.ky.gov/os/oig/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 contractor shall provide this service at no charge to the individual.

3. 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 thirty (30) days. Pursuant to 908 KAR 3:190, section 10, paragraph (1) “… the department shall, at a minimum, test for”:

a. Marijuana;

b. Cocaine;

c. Opiates;

d. Amphetamines;

e. Phencyclidine;

f. Morphine;

g. MDMA (Ecstasy);

h. Methadone;

i. Benzodiazepines;

j. Barbiturates, and

k. Oxycodone.

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.

4. 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 GSNF. 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 contractor for the services defined in this contract shall be screened by the contractor and the facility and deemed qualified and suitable by the Facility Director or designee in accordance with the provisions of this contract. The contractor shall coordinate interviews between the candidates and the Facility. The contractor shall be responsible for all cost relating to interviews and relocation. The Facility Director shall have the right of refusal of any applicant for any reason.

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2100000192 Dietician - Glasgow State Nursing Facility (C2682) http://chfs.ky.gov/os/oig/kares/ http://exclusions.oig.hhs.gov/

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 contractor and not that of the facility.

F. Facility Policies and Procedures

The contractor shall ensure that individual(s) providing services under this contract abide by DBHDID Facility Policies and Procedures. Facility Policies and Procedures are on file in the Facility Human Resources Department with changes posted to facility bulletin boards, as appropriate.

G. Outside Employment

During the first thirty (30) days of signing a contract, the contractor shall provide the facility director, or designee, with a list of the individuals providing services under the contract who have outside employment, indicating the individual’s name and place of employment. Subsequently, the contractor shall provide the facility director, or designee, with an updated list of individuals with outside employment on a quarterly basis.

H. Non-Compete Clauses against Commonwealth Prohibited

Contractor acknowledges that the Commonwealth considers these contracts temporary in nature and desires to use state employees to staff the various facilities to the extent possible. Contractor acknowledges and agrees that any non-compete agreement it may have with a staff person offered to provide services under this Contract will not prohibit that person from accepting a job offer from the Commonwealth after any expiration or termination of the contract, and to the extent such any non-compete contract may say otherwise, it will be void and unenforceable as against the Commonwealth and any person offered state employment.

2.20 CHFS Responsibilities

Assist Contractor in acquiring information and providing services relevant to the dietary needs of patients/ residents.

2.30 Monitoring Requirements – Federal and State

The Department for Behavioral, Developmental, and Intellectual Disabilities may monitor the contract through detailed written reports, evaluations and special reports related to dietary services submitted by the contractor.

2.40 Pricing and Payment Requirements

The Contractor should submit invoices setting forth the hours worked and the expenses for which reimbursement is sought on a monthly basis.

Invoices for payment shall be submitted to Glasgow State Nursing Facility, 207 State Ave., Glasgow, KY 42141 or electronically to GSNF.Fiscal@ky.gov. Invoices must be submitted no later than thirty (30) days after completion of the service. Invoices shall include: vendor’s name and address, PON2 number, a unique invoice number, dates of service, amount due for the current billing cycle, and number of hours worked multiplied by the hourly rate. The hourly rate shall be all-inclusive. Travel is not a reimbursable expense under this contract.

Payment shall be conditioned upon receipt of appropriate, accurate, and acceptable invoices submitted in a timely manner.

The Contractor shall submit monthly invoices which 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 Contractor for re-invoicing.

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3.00 Evaluation Criteria (Total: 1,650 Points)

The Department for Behavioral Health and Intellectual Disabilities will evaluate the proposals based on the following evaluation factors:

A. Technical (900 Points)

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.

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

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

2. 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.

3. A statement certifying that all individuals providing services under this contract shall possess at least the minimum credentials for that skill level.

4. A statement certifying that the contractor and any dietician provided for services is not currently and will not be an excluded Medicare/Medicaid provider.

5. The Dietician shall submit documentation of certification and membership with the American Dietetic Association.

Criteria Points Possible

I. Applicant Description 250 Points

Provide a brief overview and mission of the company/agency, or individual. Describe the company/ agency, or individual’s background, credentials, and knowledge base as it relates to providing dietary services. Provide the name, mailing address, e-mail address, and telephone number of the individual who is to be the principal contact person with the facility. If the offeror is other than an individual, include the name and telephone number of the company representative who is to be the principle contact with the facility.

II. Applicant Experience 300 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 or individual’s expertise and its prior capability to provide similar services. Discuss the company/agency or individuals past performance with contractual activities.

B. Provide three (3) references from past work history for the offeror (company/agency). Provide verifiable references in providing onsite comprehensive medical care to individuals with behavioral health, developmental and/or intellectual disabilities (preferably in state facilities). References shall be provided on company letterhead and include: name of organization, type of business, type of clientele served, address, phone number, contact person, fax number, e-mail address, length of time service was provided (begin – end dates).

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C. Prior Contract Experience with a State Acute Psychiatric Hospital or Nursing Facility:

Provide evidence of prior contract experience with a state acute psychiatric hospital or nursing facility.

The bidder with the most years of experience providing contracted services to a state owned or operated residential facility for the care and treatment of individuals with behavioral, intellectual, or developmental disabilities shall receive the maximum score (maximum used for scoring purposes is ten (10) years or more.)

D. Years of Experience Providing Dietary Services:

All bidders shall demonstrate the ability to provide a certified licensed dietician with a minimum of three

(3) years of experience in the practice of dietary services.

E. Provide a resume for all individuals who will provide dietary services that have a direct relationship to the qualifications listed in this Solicitation, including length of service. Sample resumes shall be acceptable. Resumes shall include name, address, education, qualifications, and previous work experience (to include beginning and end dates). Special emphasis should be placed on work with individuals with behavioral health, developmental and/or intellectual disabilities.

III. Availability: 250 Points

A. Bidder(s) shall have licensed dietician(s) available to provide services as needed, and as detailed in Section 2, Required Services. Bidder(s) shall provide a brief narrative of how this will be accomplished.

B. Indicate the number of licensed dieticians available to provide these services, and the maximum number of hours per week, month, year in which services can be provided.

C. Give details on staff turnover in the past three years and the commitment to continuity.

IV. Preparation and Planning: 100 Points

A. Provide a summary outlining the plans for filling dietary needs for the patients at Glasgow State Nursing Facility.

TOTAL POINTS FOR TECHNICAL 900 POINTS

Proposals scoring fewer than 540 points on the Technical Evaluation shall be eliminated from further consideration.

B. Cost (550 Points)

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

Offerors must base their Cost Proposal on the Required Services.

The facility anticipates Dietician to work between twelve to fifteen hours per week, or around 700-800 hours for a one year term of the contract.

The cost proposal shall be submitted on the attached Cost Proposal Form and shall consist of the offeror’s proposed fee (hourly rate of Dietician) for performance of the requested services. The contract rate shall be all inclusive. Please take into consideration when calculating the proposed 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.

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TOTAL POINTS FOR COST 550 POINTS

C. Oral Presentation/Demonstrations, if Required - 200 Points

4.00 Schedule of RFP Activities

The following schedule presents the major activities associated with the RFP distribution, written questions and proposal submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Written questions and Offeror Conference are optional. Agency may choose to do either, both or none.

Revise the schedule accordingly.

Release of RFP 03/22/21 Proposals Due by: 2:00pm 03/31/21

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

5.00 Offeror’s Conference

Not applicable.

6.00 Point of Contact

The Agency Contact named below shall be the sole point of contact throughout the procurement process.

All email communications concerning this procurement shall be addressed to:

Aubrey Mason aubrey.mason@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.

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

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

Complete Instructions for submission are attached to the header.

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

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

8.10 Format of Technical Proposal

Signed and completed RFP Short Form. No cost information should be included on the short form.

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.

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 Principal(s) 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.

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2100000192 Dietician - Glasgow State Nursing Facility (C2682) http://finance.ky.gov/services/forms/Pages/default.aspx http://finance.ky.gov/services/forms/Pages/default.aspx http://finance.ky.gov/services/forms/Pages/default.aspx http://finance.ky.gov/services/policies/Documents/FAP%20110-10-00.pdf

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 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

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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.

9.95 Best Interests of the Commonwealth

The Commonwealth will rank all proposals in the manner set forth in the Evaluation Criteria. However, the Commonwealth reserves the right to reject any or all proposals in whole or in part before, during, or after negotiation based on the best interests of the Commonwealth.

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

To view the award of contract(s), including the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service Site at https://emars311.ky.gov/webapp/vssprdonline3111d/ AltSelfService.

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

Document Description Page 14

2100000192 Dietician - Glasgow State Nursing Facility (C2682) https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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 07/01/21 through 06/30/22.

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

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

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

10.40 Changes and Modifications to the Contract

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

Document Description Page 15 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 a court of competent jurisdiction 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 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

Document Description Page 16 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 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 other proceedings pending or threatened against Contractor or any subcontractor that would have a material effect on Contractor's ability to perform under this Contract, or on Subcontractors ability to perform under their respective subcontracts, if applicable.

Further, the Contractor shall use its best efforts to notify CHFS within one (1) business day, and in writing within three (3) business days, of all suits, investigations, or other proceedings involving Contractor related to this Contract. The Contractor shall send written notice to the Department.

11.00.12 No Grant of Employment or Agency

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