Final_RFP_729_2600000009_2_SO_FORM.PDF

Document ID: RFP 729 2600000009 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Dietitian Services C5882

Date Issued:

04/24/2026 Record Date:

04/18/2026

Solicitation Closes Date:

05/04/2026 Time:

14:00

Solicitation No:

RFP 729 2600000009

Reason for Modification

Addendum 1 April 24, 2026

This addendum is to update the Technical response type from a number to text.

Online Bidding Prohibited: No

For Information Call:

Monica Bell Spalding

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____________

Document ID: RFP 729 2600000009 Page: 2

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

Document ID: RFP 729 2600000009 Page: 3

Line Items

Commodity Group: Default

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

1 FY27 Dietitian Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

948 HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 952)

Extended Description The purpose of this Request For Proposal (RFP) is to provide Glasgow State Nursing Facility (GSNF) with the services of a part-time licensed Dietitian to provide for the necessary clinical and dietary needs of the patients.

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

2 FY28 Dietitian Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

948 HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 952)

Extended Description The purpose of this Request For Proposal (RFP) is to provide Glasgow State Nursing Facility (GSNF) with the services of a part-time licensed Dietitian to provide for the necessary clinical and dietary needs of the patients.

Shipping Information

Billing Information CHFS DBHDID - Commissioner

275 E Main Street 4WF

Frankfort KY 42240

Document ID: RFP 729 2600000009 Page: 4

Submission Checklist

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

Item Technical Proposal Cost Proposal Oral Presentation, If necessary

ADDENDUM HISTORY

Addendum 1

April 24, 2026 This addendum is to update the Technical response type from a number to text.

Revised February 2026

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(s) 8.00 and 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 8.10 of this RFP

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

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

(Section 8.00 of the Personal Service Contract Terms and Conditions of this RFP)

_____ REQUIRED AFFIDAVIT(S) – Section 8.20 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

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2600000009 Final Dietitian Services C5882 Total Pages: 38 https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Cabinet for Health and Family Services/Department for Behavioral, Developmental and Intellectual Disabilities Dietitian Services Solicitation Number: RFP 729 729 2600000009

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 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 full-time licensed Dietitian to provide for the necessary clinical and dietary needs of the residents.

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 the number of hours or caseloads.

2.00 Scope of Work

Provide the services of a licensed dietitian to ensure necessary clinical and dietary services meet the needs of the residents at Glasgow State Nursing Facility (GSNF), who may require special treatment planning to meet their dietary needs.

2.01 Deliverables

A. Responsibilities:

1. Contractor should be responsible for the following:

a. Provide a full-time recognized and licensed dietitian to provide for the necessary clinical and dietary needs of the residents. The dietitian should be licensed by the State of Kentucky Board of Licensure and Certification for Dietitians and Nutritionists. The dietitian should have experience working with individuals with developmental and/or intellectual disabilities.

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

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

2. The Dietitian is expected to 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;

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

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 the dietitian to work thirty five (35) hours per week, or around 3640 hours for a two-year term contract. The dietitian will complete work on campus unless authorized by the Facility Director. This schedule would be set within the days of Monday through Friday, between the hours of 7:00 AM to 3:00 PM Central Standard Time (CST).

B. Meet the Health Information Portability and Accountability Act (HIPAA) and the Centers for Medicare and Medicaid Services, and/or standards, throughout the contract term.

C. Requirements for Facility Contracted Staff

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

Individuals providing services under this contract should comply with all vaccination requirements according to state, Centers for Medicare and Medicaid Services, and the Centers for Disease Control and Prevention guidelines.

For each applicant recommended for consideration to provide services through this contract, the Contractor should provide the individual’s (1) application to include the 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 should 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 Cabinet approve both. If an individual providing services under the contract has resided or worked in a state(s) other than Kentucky, a satisfactory records check should be required of those states as well.

A check of the Kentucky Nurse Aide Registry should also be completed. If the contract is with an individual, the Contractor should be responsible for the records, criminal, and abuse checks. The Facility Human Resources Department should maintain this information and keep it on file prior to work assignment.

All individuals providing services under this contract should 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 should 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 an Oxycodone drug test (“Pre-appointment testing”) within the last thirty (30) days. Pursuant to 908 KAR 3:190, section 10, paragraph (1), “… the department should, at a minimum, test for”:

a. Marijuana;

b. Cocaine;

c. Opiates;

d. Amphetamines;

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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 should 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 should be reviewed prior to allowing contract agencies or personnel to work within GSNF. Any contract agency or contract personnel included in such a list should be prohibited from operation in connection with this contractual agreement. The LEIE website address is http://exclusions.oig.hhs.gov.

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

Candidates presented by the Contractor for the services defined in this contract should 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 should coordinate interviews between the candidates and the Facility. The Contractor should be responsible for all costs relating to interviews and relocation. The Facility Director should have the right to refuse any applicant for any reason.

D. Orientation

Individuals selected to provide services are expected to attend required facility orientation training prior to working in patient treatment areas. The cost incurred should be the Contractor's responsibility, not the facilities.

E. Facility Policies and Procedures

The Contractor should ensure that individuals 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.

F. Outside Employment

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

G. 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.

2.02 CHFS Responsibilities

Document Phase Document Description Page 8 http://exclusions.oig.hhs.gov

Assist the Contractor in obtaining information and providing services that meet residents' dietary needs.

2. 03 Monitoring Requirements

DBHDID may monitor the contract through detailed written reports, evaluations, and special reports related to dietary services submitted by the Contractor.

2. 04 Pricing and Payment Requirements

The Contractor should submit monthly invoices detailing the hours worked and the expenses for which reimbursement is sought.

Invoices for payment shall be submitted electronically to GSNF.Fiscal@ky.gov.

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

Invoices shall include the vendor’s name and address, the PON2 number, a unique invoice number, dates of service, the amount due for the current billing cycle, and the 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 that are submitted in a timely manner.

The Contractor shall submit monthly invoices in accordance with this section. Invoices shall contain two parts:

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

B. Supporting documentation.

Invoices that do not meet the requirements above will be rejected and returned to the Contractor for re-invoicing.

3.00 Evaluation Criteria

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

CHFS has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

Each vendor 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 vendor.

CHFS shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

1. 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.

2. A statement certifying that the Contractor and any Dietitian provided for services is not currently and will not be an excluded Medicare/Medicaid provider.

PROPOSALS THAT DO NOT MEET MANDATORY

REQUIREMENTS WILL BE DEEMED NON-RESPONSIVE AND

WILL NOT BE CONSIDERED.

Pass/Fail

Applicant Description 250

Document Phase Document Description Page 9 mailto:GSNF.Fiscal@ky.gov

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.

Applicant Experience

1. Provide a brief description of past work history with similar criteria as this Solicitation. Description should include the quality and depth of the company/agency or individual’s expertise and their prior capability to provide similar services. Discuss the company/agency or individuals' past performance with contractual activities.

2. 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 should include:

a. Name of organization

b. Type of business

c. Type of clientele served

d. Address, phone number

e. Contact person

f. Email address

g. Length of time service was provided (begin – end dates)

3. 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 (maximum used for scoring purposes is ten (10) years).

4. Years of Experience Providing Dietary Services:

All bidders should demonstrate the ability to provide a certified licensed dietitian with a minimum of three (3) years of experience in the practice of dietary services.

5. 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 should be acceptable.

Resumes should include:

a. Name

b. Address

c. Education

d. Qualifications

e. 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.

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6. The Dietitian should submit documentation of certification and membership with the American Dietetic Association.

Availability

1. Offeror(s) should have licensed dietitian(s) available to provide services as needed, and as detailed in Section 2, Required Services.

The Offeror(s) should provide a brief narrative of how this will be accomplished.

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

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

Preparation and Planning

Provide a summary outlining the plans for fulfilling dietary needs for the residents at Glasgow State Nursing Facility.

Maximum Points Possible 900

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

Cost Proposal Evaluation

Criteria Maximum Points Possible The Offeror is responsible for including and identifying all costs associated with the delivery of service as outlined in Section 2.01.

The cost proposal shall be submitted on the attached Cost Proposal Form and shall consist of the offeror’s proposed fee (the all-inclusive hourly rate of the Dietitian) for performance of the services requested.

Offerors are cautioned against making 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.

Maximum Points Possible 360

Oral Demonstration/Presentation Evaluation, if required

Criteria Maximum Points Possible

Oral Demonstration/Presentation

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals.

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Oral Presentations/Demonstrations may be conducted through videoconferencing or by conference call if it is in the best interest of the Commonwealth to do so. This is an opportunity for the vendor to present and demonstrate the solution, and to answer questions or clarify the evaluation committee's understanding, 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

Maximum Points Possible 200

Total Proposal Evaluation

Criteria Maximum Points Possible Technical Proposal 900

Cost Proposal 360

Oral Demonstrations/Presentations, if required 200

MAXIMUM POINTS POSSIBLE

4.00 Schedule of RFP Activities

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

Release of RFP 04/06/26

Written Questions due by: 2:00pm 04/13/26

Anticipated Commonwealth Response to Written Questions 04/24/26

Proposals Due by: 2:00pm 05/04/26

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

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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:

Monica Bell Spalding monica.bellspalding@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

Electronic Proposals

Proposals shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service System.

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal information MUST be completed online. Response must contain all required information for the Solicitation.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss ky.gov.

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing.

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. Instructions “How to Submit an Online Response for a Business Opportunity” are posted to Kentucky’s Vendor Self Service, https://vss.ky.gov.

If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

Proposals submitted online must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the Vendor. The system will not allow submission of an online proposal after the published date and time for closing.

A proposal may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

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.

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2600000009 Final Dietitian Services C5882 Total Pages: 38 https://vss.ky.gov/vssprod-ext/Advantage4 mailto:Finance.CRCGroup@ky.gov

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.

8.10 Format of Response

Electronic Proposals

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and if applicable, Proprietary Information. Each part shall consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary.

1. Proposals must be submitted electronically in the eProcurement System, Kentucky Vendor Self Service site.

a. The Technical Proposal shall be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Technical – Name of offeror – RFP number

b. The Cost Proposal shall be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

The document should be named in the following manner: Cost – Name of offeror – RFP number

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Proprietary

– Name of offeror– RFP number

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

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING INFORMATION IN

THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.20 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.

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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, email address, and website address, if available, of the contract person to serve as a point of contact for day-to-day operations.

h. SubContractor information to include the name of the company, address, telephone number and contact name, if applicable.

i. Foreign entity’s organization number issued by the Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Completed and Signed Solicitation and Addenda – An authorized representative MUST complete and sign the Solicitation form and include the following:

a. “Vendor” box and “Payment” box should be completed.

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

d. Vendor shall provide the 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.

8.30 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.

8.40 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition Regulation 52.209-5, 2 CFR 180.300, 2 CFR 200.318, 2 CFR 200.303, and FAP 111-59-00 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. If debarred during the life of the contract, the Offeror shall notify the Commonwealth buyer of record within seventy-two (72) hours of the federal debarment.

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

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

9.10 Technical Proposal Evaluation

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

9.20 Cost Proposal Evaluation

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

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

9.30 Right to Reject/Waiver of Minor Irregularities

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

9.40 Clarification of Proposals

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

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

9.50 Best and Final Offers

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

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. CHFS shall not disclose any portions of the proposals prior to contract award to anyone outside CHFS, representatives of the agency for whose benefit the contract is proposed, representatives of the federal government, if required, and the members of the evaluation committee. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any and all documents submitted by an Offeror in response to the 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 200 KAR 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 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.

9.90 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://vss ky.gov.

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

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee. The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

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

1. Procurement Statutes, Regulations and Policies

2. The resulting written agreement awarded from this solicitation and any subsequent written amendments.

3. Any Addenda to the Solicitation.

4. Solicitation and all attachments

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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 07/01/26 through 06/30/28.

This agreement is not effective until the Secretary of the Finance and Administration Cabinet or 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 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 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 Insurance Requirements

** Proof of all required insurances should be provided prior to award.**

A Certificate of Insurance (COI) on an ACORD form is required unless approved by the Commonwealth’s Office of the Controller.

A. Required Coverage

The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with part C of this section through the entire contract:

Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

(*The Commonwealth reserves the right to require higher coverage amounts if needed based on the type of contract and associated risk)

1. Automobile Liability Insurance (If Applicable)

Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or SubContractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or SubContractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or SubContractor. Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Professional Liability Insurance (If Applicable)

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Professional Liability (Errors & Omissions) Insurance shall be required for all professional services performed by licensed or certificated individuals, or by individuals working on behalf of licensed or certificated individuals. The required Professional Liability Insurance shall have a minimum limit of liability of $1,000,000.00 per claim for damages arising out of negligent acts, errors, and/or omissions in the performance of services.

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 should notify the facility in writing within five (5) business days.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 should notify the facility in writing within five (5) business days.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, shall be in compliance with the laws of the Commonwealth of Kentucky, and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky.

The insurer shall have an AM Best rating of B+ or higher.