Final_RFP_729_2200000117_1_SO_FORM.PDF

Document ID: RFP 729 2200000117 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: WSH Advanced Practice Registered Nurse (APRN) Services C3156

Date Issued:

02/04/2022 Record Date:

2022-01-31

Solicitation Closes Date:

3/28/22 Time:

14:00

Solicitation No:

RFP 729 2200000117

Online Bidding Prohibited: Yes For Information Call:

Marianne Johns 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 2200000117 Page: 2

Line Items

Commodity Group: Default

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

1 FY 23 WSH APRN Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

94864PS PSC-Nursing Services

Extended Description Advance Practice Registered Nurse (APRN) services as needed on-site at Western State Hospital (WSH) and Western State Nursing Facility (WSNF).

100% Agency Funds

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

2 FY 24 WSH APRN Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

94864PS PSC-Nursing Services

Extended Description Advance Practice Registered Nurse (APRN) services as needed on-site at Western State Hospital (WSH) and Western State Nursing Facility (WSNF).

100% Agency Funds

Shipping Information

Billing Information CHFS DBHDID - Western State Hospital

2400 Russellville Road, PO Box 2200

Hopkinsville KY 42241-2200

Document ID: RFP 729 2200000117 Page: 3

Submission Checklist

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

Item Technical - 500 points Cost- 350 points Oral Presentation/Demonstrations, if required - 200 Points

Revised October 2021

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

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

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

Section(s) 8.00 and 8.10 of this RFP

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

Section(s) 8.00 and 8.20 of this RFP

_____ TRANSMITTAL LETTER – Section 8.10 of this RFP

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

(Section 8.01 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

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Cabinet for Health and Family Services Department For Behavioral Health, Developmental And Intellectual Disabilities Western State Hospital Advanced Practice Registered Nurse (APRN) Services

RFP 729 2200000117

This document constitutes a Request for Proposals (RFP) 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, Division of Administration and Financial Management.

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.

Document Description Page 4

2200000117 WSH Advanced Practice Registered Nurse (APRN) Services C3156 https://www.merriam-webster.com/dictionary/seal

1.00 Purpose and Background

The Cabinet for Health and Family Services (CHFS), Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID), Western State Hospital (WSH) is seeking a qualified agency or individual to provide Advanced Practice Registered Nurse (APRN) services for the clients of Western State Hospital and Western State Nursing Facility (WSNF).

Western State Hospital (WSN) is an acute care adult facility with an average daily census of 112 and Western State Nursing Facility (WSNF) is a licensed skilled nursing facility with an average daily census of 86. WSH serves the 34 most western counties in Kentucky. All referrals for admissions come from one of the Community Mental Health Centers (CMHC) services in the four regions of Western Kentucky.

Western State Hospital is required by The Joint Commission, Centers for Medicare and Medicaid Services (CMS), CHFS Office of Inspector General, and various clinical and professional organizations to provide routine and emergency medical procedures and/or services.

Staff providing services under this contract must comply with the CMS Omnibus COVID-19 Health Care Staff Vaccination Rule.

2.00 Scope of Work

Advance Practice Registered Nurse (APRN) services as needed on-site at Western State Hospital (WSH) and Western State Nursing Facility (WSNF). Services include, but are not limited to, performing admission and discharge physicals for facility clients. Service hours are based on the needs of the Facility and the availability of state and/or federal funds.

Full-time Advanced Practice Registered Nurse (APRN) services will be provided at least thirty-eight (38) ours per week and overtime may be required. Part-time Advanced Practice Registered Nurse (APRN) services will be provided at least five (5) hours per week when full-time staff is not available.

2.10 Required Services

Vendor shall be responsible for the following:

1. Provide the services of 1.0 Full Time Equivalent (FTE) Advanced Practice Registered Nurse (APRN) with current registered nurse license, and national certification through a national certifying organization recognized by the Kentucky Board of Nursing.

2. Provide the services of 1.0 Part Time Equivalent (PTE) Advanced Practice Registered Nurse (APRN) with current registered nurse license, and national certification through a national certifying organization recognized by the Kentucky Board of Nursing.

3. Ensure APRNs have and maintain licensure to practice nursing in the Commonwealth of Kentucky in accordance with current regulations.

4. Meet Health Insurance Portability and Accountability Act (HIPAA) and maintain The Joint Commission, Centers for Medicare and Medicaid Services, and various other licensing requirements and/ or standards, throughout the contract term.

5. 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 $1,000,000 in the aggregate (policy limit). The cost of malpractice liability insurance is a non-reimbursable expense and shall be borne by the vendor as part of their management fee.

6. Mandatory Requirements for Facility Contracted Staff

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:

A. CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule: Requirements must be met by staff providing services under this contract.

B. 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 defined as 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 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.

Document Description Page 5

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 Program (KARES).

To enroll in KARES, please go to http://chfs.ky.gov/agencies/os/oig/Pages/kares.aspx.

C. 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.

D. Cardiac Pulmonary Resuscitation certification (CPR): Evidence of CPR certification, is required of the position.

E. 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”:

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 for the drugs listed below of individuals providing direct care services under this contract.

(a) Marijuana;

(b) Cocaine;

(c) Opiates;

(d) Amphetamines;

(e) Phencyclidine;

(f) Morphine;

(g) MDMA (Ecstasy);

(h) Methadone;

(I) Benzodiazepines;

(j) Barbiturates, and

(k) Oxycodone

F. OIG LEIE Record Check:

In accordance with the Social Security Act sections 1128 and 1156, the Federal Office of Inspector General (OIG) 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.

Individuals providing services under this contract shall meet the required credentials above prior to starting work. 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 right of refusal of any applicant for any reason.

7. Orientation

Individuals selected to provide services shall attend required facility orientation training three (3) days) prior to working in patient treatment areas. The facility shall withhold payment to the contractor for the orientation period until the individual who attended orientation has worked a minimum of three (3) months following the orientation.

8. Facility Policies and Procedures

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2200000117 WSH Advanced Practice Registered Nurse (APRN) Services C3156 http://chfs.ky.gov/agencies/os/oig/Pages/kares.aspx http://exclusions.oig.hhs.gov

The contractor shall ensure that individual(s) providing services under this contract abide by DBHDID Facility Policies and Procedures. Facility Policies and Procedures may be found on the Western State Hospital Intranet site. Employees receive e-mail notifications regarding changes to Policies and Procedures.

9. Outside Employment

Within thirty (30) days of the contract effective date, the contractor shall provide the facility director, or designee, with a list of individual 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.

10. 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.

11. Holidays:

Adhere to facility guidelines in regard to paid holidays, only those holidays actually worked will be compensated. The facility recognizes only the holidays listed below:

New Year’s Day

Martin Luther King Jr. Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day and day after Thanksgiving

Christmas Eve

Christmas Day

12. Ethical Consideration

The facility has a stringent code of ethics for all staff, whether state employee or contract employee.

Each agency employee will be issued a copy of the Code of Ethics, either at orientation or at an alternate time if deemed in the best interest of the facility. The Contractor, by virtue of accepting this contract, is implying they shall abide by the Code of Ethics. Patient information is strictly confidential and shall not be divulged to any party or media outside of the facility.

13. The APRN shall be responsible for the following:

A. Have and maintain registered nurse license, and national certification through a national certifying organization recognized by the Kentucky Board of Nursing.

B. Maintain licensure to practice medicine in the Commonwealth of Kentucky in accordance with current KRS regulations.

C. Perform duties as directed by the Facility Medical Director to ensure continuity of coverage for WSH and WSNF.

D. Perform complete physical examinations for the patients of WSH and WSNF within twenty-four

(24) hours of admission and upon discharge.

E. Provide diagnostic and treatment services.

F. Prescribe medication.

G. Provide follow-up PPD/TB skin tests as necessary that need to be redone following initial skin tests performed by the Employee Health Nurse.

H. Complete appropriate progress notes on patients examined and seen on the premises.

I. Complete reports consistent with the duties performed, and as required by the facility Medical Director.

Document Description Page 7

J. Maintain compliance with The Joint Commission, Centers for Medicare and Medicaid Services (CMS), and other regulatory agencies throughout the term of the contract.

2.20 Pricing and Payment Requirements

Submit accurate and timely invoices to the facility on a monthly basis.

Invoices shall include the following information:

Date service was provided

Number of hours provided per date

Total number of hours

Total cost

Form HCFA 1500.

The Contractor shall be reimbursed for only those expenses that are expressly detailed in the Contract.

Any questions, concerns, or problems with billing issues shall be addressed to the facility’s Fiscal Office only.

Facility Billing Office Contact Information:

Fiscal Manager 2400 Russellville Road Hopkinsville, KY 42240

Or electronically to:

wshinvoices@ky.gov

All invoices shall have a unique invoice number. Supporting information will be reviewed by the Medical Records staff to verify all reports are complete and received as billed. Follow-up will be performed on discrepancies. Contract information will be referenced to any clarification. Any questions or clarifications concerning invoices shall be directed to the Facility Business Office.

Invoices shall:

1. Contain two parts:

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

B. Supporting documentation

2. And include at a minimum:

A. Vendor's name and address.

B. PON2 number that invoice(s) are using for funding.

C. Clearly list dates of service (from and to).

Example Monthly Invoice: Dates of Service from: January 1, 2022 to: January 31, 2022.

D. Date of Invoice (date invoice is prepared). January’s invoice should be prepared no later than February 15, 2022.

E. Total amount due for the current billing cycle.

F. Cumulative total for all invoices to date.

Invoices that do not contain the requirements above will be rejected and sent back to the Contractor for re-invoicing. Payment shall be conditioned upon receipt of appropriate, accurate, and acceptable invoices submitted in a timely manner.

Invoices for payment shall be submitted to:

WSH Fiscal Manager 2400 Russellville Rd Hopkinsville, KY 42240 or electronically to wshinvoices@ky.gov.

Invoices must be submitted no later than thirty (30) days after completion of the service.

Document Description Page 8

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

2.30 CHFS Responsibilities

The Facility will provide oversight and supervision to individuals providing services under this contract.

3.00 Evaluation Criteria (Total: 850 Points)

The Department for Behavioral Health and Intellectual Disabilities Division of Administration and Financial Management will evaluate the proposals based on the following evaluation factors:

The Technical Proposal (Maximum 500 Points) shall be submitted in Six (6) parts.

PART 1: Mandatory Requirement (determined as Pass or Fail): Applicant Resume

Offeror shall submit a resume(s) that includes but is not limited to educational qualifications, expertise, background, and previous experience related to services requested. Special emphasis shall be placed on work with individuals who are developmentally and intellectually disabled.

Companies proposing individuals to provide Advanced Practice Registered Nurse services shall include a resume for each individual proposed.

Following the contract award, the Facility Director must approve proposed applicants resumes prior to any candidate interview and placement at the facility; and shall have right of refusal of any proposed applicant for any reason.

PART 2: Mandatory Requirement (determined as Pass or Fail): Statement disclosing sanctions, violations and/or allegations

Offeror shall provide a statement disclosing any current and/or previous sanctions, violations, and/or allegations with the KY Board of Nursing or from the state their license is held within the past Five (5) years.

Offeror must provide a statement even if there are no sanctions, violations and/or allegations within the past Five (5) years.

For companies proposing an individual(s), a statement of disclosure shall be submitted for each individual proposed.

BHDID/WSH reserves the right to disqualify an individual based upon disclosure.

PART 3: Company Background

Offeror shall 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 Advanced Practice Registered Nurse services.

PART 4: Previous Experience and Expertise

Offeror shall describe in detail previous experience and expertise related to providing Advanced Practice Registered Nurse services including but not limited to providing services to individuals with severe mental illness.

Description shall include quality and depth of expertise and prior capability to provide similar services.

Offeror shall discuss past performance with contractual activities; A minimum of one (1) year experience providing services to individuals with intellectual or developmental disabilities is preferred.

PART 5: Experience working in a Behavioral Healthcare Facility

Offeror shall describe in detail experience providing Advanced Practice Registered Nurse services in a Behavioral Healthcare setting, with a minimum of one (1) year experience providing services to individuals with intellectual or developmental disabilities preferred.

Companies proposing individuals to provide Advanced Practice Registered Nurse services shall include information for each individual being proposed.

PART 6: Statement of Availability

Offeror shall complete Attachment A - Statement of Availability

Document Description Page 9

Failure to include the Statement of Availability will result in the proposal deemed as non-responsive and will not be evaluated.

Proposals scoring fewer than 325 points on the Technical Evaluation shall be eliminated from further consideration.

2. Cost (Maximum 350 Points)

The cost proposal shall be submitted as follows:

Offeror shall complete and submit Attachment B - Cost Proposal Offeror shall provide Regular Hourly Rate and Overtime Hourly Rate, if different from hourly rate, for

APRN.

Western State Hospital will not be responsible for any travel expenses Vendor is to provide cost on the attached Cost Proposal Form in accordance with Section 8.20, otherwise the proposal may be deemed non-responsive.

3. Oral Presentation/Demonstrations, if required; maximum points possible 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 02/04/2022 Written Questions due by: 2:00 pm 02/14/2022 Anticipated Commonwealth Response to Written Questions 03/17/2022 Proposals Due by: 2:00 pm 03/28/2022

*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:

Marianne Johns Mail Stop: 4E-C Frankfort, KY 40621-0001 502-564-7736 ext. 3827 marianne.johns@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.

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2200000117 WSH Advanced Practice Registered Nurse (APRN) mailto:marianne.johns@ky.gov

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

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

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.

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2200000117 WSH Advanced Practice Registered Nurse (APRN) https://ftp.ky.gov

d. Vendor shall provide date the form is completed and signed.

e. Signed face of the most recent Addenda, if applicable.

Signed and Notarized Required Affidavit for Bidders or Offerors - available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

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

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Resident Bidder Status need not submit this affidavit.

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

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Qualified Bidder Status need not submit this affidavit.

Response to the Technical Portion of the RFP – Please provide a detailed response to the technical requirements outlined in the Evaluation Criteria. No cost information shall be provided in the technical portion.

8.20 Format of Cost Proposal

The Cost Proposal must be submitted under separate cover from the Technical Proposal and must be arranged and labeled in the manner specified. The proposal with the lowest price receives the maximum score. The remaining proposals with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points.

8.30 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition Regulation 52.209-5, the Offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Offeror and/or its 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 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

9.10 Technical Proposal Evaluation

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.

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2200000117 WSH Advanced Practice Registered Nurse (APRN) Services C3156 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

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

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).

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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, Availability, or Cost Proposals.

9.85 Oral Presentation Evaluation Criteria

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. Oral Presentations/Demonstrations may be conducted through video-conferencing or by conference call, if it is in the best interest of the Commonwealth to do so. This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

If required, the top 2 highest-ranking vendors may be invited. Scheduling will be at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/ demonstrations.

9.90 Negotiation

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

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.

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2200000117 WSH Advanced Practice Registered Nurse (APRN) Services C3156 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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 07/01/22 through 06/30/24.

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 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

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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 Board of Claims 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, a pandemic requiring the issuance of a State of Emergency Declaration by the Governor of the Commonwealth of Kentucky, 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 defense 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.

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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…