Final_RFP_729_2600000015_1_SO_FORM.PDF

Document ID: RFP 729 2600000015 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Psychological Evaluations C5881

Date Issued:

03/26/2026 Record Date:

03/19/2026

Solicitation Closes Date:

04/23/2026 Time:

14:00

Solicitation No:

RFP 729 2600000015

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____________

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

Document ID: RFP 729 2600000015 Page: 2

Line Items

Commodity Group: Default

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

1 FY27 Psychological Evaluations

Comm Code Comm Description Manufacturer Model # Manuf Part #

948 HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 952)

Extended Description The Contractor will provide the services of Licensed Clinical Psychologists to complete competency and/or criminal responsibility evaluations in accordance with court orders issued by the Circuit and District courts of the Commonwealth for inpatients of Kentucky Correctional Psychiatric Center.

These evaluations will determine competency to stand trial and/or criminal responsibility.

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

2 FY28 Psychological Evaluations

Comm Code Comm Description Manufacturer Model # Manuf Part #

948 HEALTH RELATED SERVICES (FOR

HUMAN SERVICES SEE CLASS 952)

Extended Description The Contractor will provide the services of Licensed Clinical Psychologists to complete competency and/or criminal responsibility evaluations in accordance with court orders issued by the Circuit and District courts of the Commonwealth for inpatients of Kentucky Correctional Psychiatric Center.

These evaluations will determine competency to stand trial and/or criminal responsibility.

Shipping Information

Billing Information CHFS DBHDID - Commissioner

275 E Main Street 4WF

Frankfort KY 42240

Document ID: RFP 729 2600000015 Page: 3

Submission Checklist

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

Item Technical Proposal Oral Presentation, if necessary

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

Document Phase Document Description Page 4

2600000015 Final Psychological Evaluations C5881 Total Pages: 41 https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Cabinet for Health and Family Services (CHFS) Department for Behavioral Health, Developmental and Intellectual Disabilities Psychological Evaluations

RFP 729 2600000015

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Cabinet for Health and Family Services on the behalf of the Department for Behavioral Health, Developmental and Intellectual Disabilities.

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 Cabinet for Health and Family Services (CHFS), Division of Procurement and Grant Oversight on behalf Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID), Kentucky Correctional Psychiatric Center (herein referred to as the KCPC or the Facility), is issuing this Request For Proposal for the purpose of seeking qualified licensed clinical psychologists to provide competency and/or criminal responsibility evaluations in accordance with court orders for patients of KCPC.

KCPC is a medium-security facility providing pre-trial forensic evaluations and inpatient psychiatric treatment for individuals charged with felony offenses, operating under the Department for Behavioral Health, Developmental and Intellectual Disabilities within the Cabinet for Health and Family Services.

There is no guarantee of a specific caseload or amount of work, and no minimum number of hours is implied or guaranteed. Service hours will be based on the facility's needs and the availability of funds.

The Cabinet has determined that multiple personal service contracts may be required and may be awarded. In the event that multiple contracts are awarded for the provision of the services detailed herein, the CHFS is authorized, in its sole discretion, to contact or request services from any vendor and should not be required to contact vendors in any particular order with regard to performing any services detailed herein.

The overall objective of this Contract is to meet the requirements of KRS 504.080 while ensuring quality of care statewide for KCPC patients.

1.01 Acronyms

1. BAMT-Blood Assay for Mycobacterium tuberculosis

2. CPR- Cardiopulmonary Resuscitation Certification

3. DBHDID-Department for Behavioral Health, Developmental and Intellectual Disabilities

4. HITECH- Health Information Technology for Economic and Clinical Health

5. HIPAA- Health Insurance Portability and Accountability Act

6. KCPC- Kentucky Correctional Psychiatric Center

7. KARES- Kentucky Applicant Registry and Employment Screening Program

8. PPD- Purified Protein Derivative

Document Phase Document Description Page 5

2.00 Scope of Work

A. Responsibilities:

1. Provide licensed clinical psychologists to work under the direction of the KCPC Forensic Director.

2. Ensure the licensed clinical psychologists submit the KCPC Application for Appointment (Attachment A), which will be reviewed by KCPC medical staff to verify qualifications and administer personal interviews.

3. Ensure the licensed clinical psychologists do not engage or perform any forensic evaluations that would conflict with KCPC’s Mission Statement (Attachment B).

4. Purchase psychological testing materials necessary to complete Forensic Evaluations.

5. Provide Competency Evaluations that should, when feasible, include, at a minimum, the following:

a. History

b. Past psychiatric history

c. Review of records

d. Mental Status Examination

e. Testing results may include assessment of effort and validity for cognitive performance and malingered psychopathology.

f. Current medications

g. Appraisal of available legal defense

h. Unmanageable behavior

i. Quality of relating to attorney

j. Planning of legal strategy, including guilty plea to lesser charges where pertinent

k. Appraisal of the role of:

i. Defense Counsel

ii. Prosecuting Attorney

iii. Judge

iv. Jury

v. Defendant

vi. Witnesses

l. Understanding of court procedures

m. Appreciation of charges

n. Appreciation of range and nature of possible penalties

o. Appraisal of likely outcome of court case

p. Capacity to disclose to attorney pertinent facts surrounding the offense, including the defendant’s movements, timing, mental state, actions at time of the offense

q. Capacity to realistically challenge prosecution witnesses

r. Capacity to testify relevantly

The estimated time for each evaluation varies; however, the most complex cases typically require no more than sixteen (16) hours of evaluation time.

6. Provide Criminal Responsibility Evaluations that should, when feasible, include the following:

Document Phase Document Description Page 6

a. History

b. Past psychiatric history

c. Review of records

d. Mental Status Examination

e. Testing results may include assessment of effort and validity for cognitive performance and malingered psychopathology

f. Current medications

g. Mental illness and/or intellectual disability at the time of the alleged offense

h. Substance use at the time of the alleged offense

i. Cognitive/neurocognitive function at the time of the alleged offense

j. Ability to appreciate the criminality of the behavior at the time of the alleged offense

k. Ability to conform their behavior to the requirements of the law at the time of the alleged offense

The estimated time for each evaluation varies; however, the most complex cases typically do not require more than sixteen (16) hours of evaluation time.

7. Submit a typed and signed report, with the date of service, patient name, and the evaluator’s original signature or digital. Inpatient evaluations is required to be performed and distributed within ten (10) days of discharge from the facility. Outpatient evaluations is required to be performed and distributed within forty (40) days of the evaluator’s receipt of the order. The distribution of reports should be indicated on the Pre-Trial Referral Form and should include a copy of KCPC.

8. Perform evaluations at locations agreed by the Contractor and KCPC. These evaluations are to be performed in the jail, at the KCPC office of defense counsel, or in the Contractor’s provided office space. Note: The Contractor’s office space is required for patients on bond and not in jail.

9. Provide court testimony regarding the evaluation reports when subpoenaed by the courts of the Commonwealth. Complete two (2) separate reports (one for competency and one for criminal responsibility).

Copies of subpoenas is required to be provided to KCPC prior to testimony.

B. Comply with Health Information Portability and Accountability Act (HIPAA) and all The Joint Commission, Centers for Medicare and Medicaid Services (CMS), and other state and federal licensing requirements and/or standards.

C. Mandatory Requirements for Facility Contracted Staff

For each individual recommended for consideration to provide services through this contract, the Contractor should provide the individual’s application to include the required license/certification, as appropriate, and 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 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 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. This

Document Phase Document Description Page 7 information should be maintained by the Facility Human Resources Department and be on file prior to work assignment.

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

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

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

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

a. Amphetamines

i. Amphetamine

ii. Methamphetamine

iii. MDMA

iv. MDA

v. MDEA

b. Barbiturates

c. Benzodiazepines

d. Cocaine Metabolite

e. Opiates

i. Codeine

ii. Morphine

f. 6MAM

g. Oxycodone

h. Hydrocodone

i. Phencyclidine

j. Marijuana Metabolite

k. Methadone

l. Propoxyphene

Costs associated with conducting pre-employment drug testing of prospective test-designated individuals should be borne by KCPC.

Additionally, 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. Costs associated with random and reasonable suspicion drug testing should be borne by KCPC. The cost of such testing should also be borne by KCPC.

5. OIG LEIE Record Check: In accordance with the Social Security Act sections 1128 and 1156, the Federal Office of Inspector General maintains a List of Excluded Individuals and Entities (LEIE) which

Document Phase Document Description Page 8 should be reviewed prior to allowing contract agencies or personnel to work within KCPC. Any contract agency or contract personnel included in the list should be prohibited from operation in connection with this contractual agreement. The 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 should attend the required facility orientation training prior to working in patient treatment areas. The cost incurred should be the contractor's responsibility, not the Facility's.

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 of signing a contract, the Contractor should provide the Facility Director, or designee, with a list of individuals providing services under the Contract who have outside employment, indicating the 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 if 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.

2.01 Reporting Requirements

1. Provide detailed written reports, evaluations, and court testimony for each evaluation performed, to include dates of any necessary court appearances.

2. Submit typed and signed reports to include the date of service, patient name, and evaluator’s original signature.

Inpatient reports should be submitted within ten (10) days of discharge from the facility. Outpatient reports should be submitted within forty (40) days of receipt of the order to complete the evaluation. KCPC should provide report templates upon the award of the contract.

After the award of the contract, reports are required to be submitted to KCPC.

Document Phase Document Description Page 9 http://exclusions.oig.hhs.gov/

2.02 CHFS Responsibilities

KCPC may provide the Licensed Psychologist with the court order and other relevant information for each evaluation to be performed.

2.03 Monitoring Requirements – Federal and State

The Director of Psychology and the Director of Admissions should closely monitor evaluation completion and reports.

2.04 Pricing and Payment Requirements

The Department for Behavioral Health, Developmental and Intellectual Disabilities, Kentucky Correctional Psychiatric Center shall provide payment based on the number of Competency and/or Criminal Responsibility Evaluations at an established all-inclusive, non-negotiable rate of $900.00 per evaluation. Contract rate shall include all aspects of the evaluation encompassing all time, research, preparation, and travel associated with providing court testimonies.

The Contractor may bill $200 for preparation and other activities when a patient does not show for the initial scheduled outpatient evaluation, per court order, due to unforeseen issues with the holding facility.

The contractor shall be responsible for purchasing all Psychological Testing Materials needed to complete Forensic Evaluations and seek reimbursement for the actual costs of testing materials.

The Contractor shall submit an invoice for Psychological Testing Materials Reimbursement monthly no later than thirty (30) calendar days after purchase.

The Contractor shall submit a monthly invoice no later than thirty (30) calendar days after completion of the service period.

The invoice shall include the following information:

A. Date(s) Worked

B. Description of services provided which shall clearly delineate between Competency and/or Criminal Responsibility Evaluations.

C. No Show charges shall be clearly identified on the invoice.

D. Incentive payment(s) shall be invoiced separately from evaluations and at the end of the month earned.

E. Vendor shall submit the Personal Service Contract Invoice Form (LRC PSC Invoice) Invoices that do not contain the requirements above will be rejected and sent back to the Contractor for re-invoicing.

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

The Contractor should submit invoices upon completion of each deliverable specified in this contract pursuant to the project work plan.

Invoices shall contain two parts:

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

2. Supporting documentation.

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

Document Phase Document Description Page 10

3.00 Evaluation Criteria

The Cabinet for Health and Family Services (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

1. Mandatory Requirements

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

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

b. A statement from the Kentucky Board of Examiners of Psychology certifying that the individual(s) providing services under this contract for any given skill level may possess at least the minimum credentials for that skill level.

c. A statement certifying that the contractor or individual(s) that will provide services is not currently an excluded Medicare/Medicaid provider.

Pass/Fail

Document Phase Document Description Page 11

2. Redacted Reports

a. Contractor shall submit one (1) redacted copy of a Competency Evaluation (Section 2.00, Item A 5).

b. Contractor shall also submit one (1) redacted copy of a Criminal Responsibility Evaluation (Section 2.00 Item A 6).

3. Qualifications and Expertise

Submit completed KCPC Credentialing Application of Appointment (Attachment A).

4. Candidate Interview

Each Candidate will be asked four questions by the evaluation committee.

Questions will relate to the topics of Goal Orientation, Productivity, Problem Solving/Decision-Making and Communication. For each question, candidates must provide responses as a situation, what action was taken and the results of the situation.

All interviews conducted have the option for face-to-face interviews or teleconferencing. The point of contact will confirm with each candidate prior to setting up interviews.

Maximum Points Possible 850

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

Proposals scoring fewer than 510 points on the Technical Evaluation shall be eliminated from further consideration.

Cost Proposal Evaluation

Document Phase Document Description Page 12

Each Respondent must provide a statement of understanding on the Vendor’s letterhead indicating agreement with the following statement:

The Department for Behavioral Health, Developmental and Intellectual Disabilities, Kentucky Correctional Psychiatric Center will provide payment based on the number of competency evaluations multiplied by the established all-inclusive rate of $900 per evaluation.

The established rate of $900.00 is to include involvement in court testimonies per evaluation. This includes all time, research, preparation, and travel associated with providing court testimonies.

There will be no evaluation of cost criteria for this RFP.

NA

Maximum Points Possible NA

Oral Demonstration/Presentation Evaluation, if required

Oral Presentations/Demonstrations

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 videoconferencing 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.

Maximum Points Possible 200

Total Proposal Evaluation

Technical Proposal 850

Document Phase Document Description Page 13

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 03/26/2026

Written Questions due by: 2:00pm 04/02/2026

Anticipated Commonwealth Response to Written Questions 04/16/2026

Proposals Due by: 2:00pm 04/23/2026

*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:

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

Document Phase Document Description Page 14 https://vss.ky.gov/vssprod-ext/Advantage4 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.

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 close time and date listed in Section 4.00.

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

THE TECHNICAL PROPOSAL.

Document Phase Document Description Page 15 mailto:Finance.CRCGroup@ky.gov

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.

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

g. The name, address, telephone number, fax number and email address and website address, if available, of the contract person to serve as a point of contact for day-to-day operations.

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

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

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

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

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

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

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

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

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.

Document Phase Document Description Page 16 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

*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 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.

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.

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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

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.

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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. 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 07/01/26 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.

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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.

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