Final_RFP_790_2500000252_2_SO_FORM.PDF

Document ID: RFP 790 2500000252 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Early Childcare Provider

Date Issued:

04/10/2025 Record Date:

04/10/2025

Solicitation Closes Date:

04/30/2025 Time:

16:00

Solicitation No:

RFP 790 2500000252

Reason for Modification

Addendum #1 04/10/2025

Addendum to answer vendor questions per section 7.00 Questions regarding this RFP. Vendor Questions posted on page 25 of this RFP.

Online Bidding Prohibited: No For Information Call:

Alexa Perry 502-564-5682

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 790 2500000252 Page: 2

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

Document ID: RFP 790 2500000252 Page: 3

Line Items

Commodity Group: Default

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

1 Early Childcare Provider

Comm Code Comm Description Manufacturer Model # Manuf Part #

95218 Child Care Services (Incl. the Food Program)

Extended Description A qualified early childcare provider to operate a 12 months / year round program for children ages 1 5, with an option to expand the program in the future to include infants.

Shipping Information

Billing Information Personnel - Office of Administrative Services

501 High Street, 3rd floor

Frankfort KY 40601

Document ID: RFP 790 2500000252 Page: 4

Submission Checklist

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

Item

Revised April 2024

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 9.00 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

Addendum #1

Addendum to answer vendor questions per section 7.00 regarding this RFP. Vendor questions posted on page 25 of the RFP.

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Document Phase Document Description Page 5

2500000252 Final Early Childcare Provider Total Pages: 31 https://www.merriam-webster.com/dictionary/seal https://www.merriam-webster.com/dictionary/seal

Personnel Cabinet Early Childcare Provider

RFP 790 2500000252

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, Personnel Cabinet.

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 Commonwealth of Kentucky strives to be the employer of choice within the state and to recruit and retain a thriving workforce dedicated to serving the citizens of Kentucky. Access to quality childcare is often a concern of current employees and applicants. Employers who are able to offer quality, reliable childcare to their employees often see improvement in recruitment and retention, increased productivity, reduced absenteeism and greater ability for employees to experience work/life balance. This RFP is seeking a provider for a convenient, high-quality, affordable, all-day option for early childcare for Commonwealth of Kentucky employees. The intent is to achieve childcare program rates lower than the average cost of childcare in Franklin County, Kentucky.

The program location will be the Rosenwald School Building located on the campus of Kentucky State University and will be named the Team Kentucky Childcare Center. The Commonwealth of Kentucky will provide for the leased space, major building maintenance, snow removal, landscape and utilities for the facility and will keep the facility in the appropriate condition for the successful provider to conduct the program. This will include compliance with all state and local governing regulations regarding childcare facility structures. Copies of the Local Zoning Approval and the State Building/Fire Marshal approval will be available to the awarded provider.

The following kitchen equipment is included with the facility: two (2) commercial grade food warmers, two (2) commercial grade food coolers, one (1) commercial grade oven/range, and two (2) commercial grade dishwashers. This kitchen equipment is provided “as is” with the Provider responsible for any repairs, maintenance or replacement. Onsite fixed playground equipment is included with the facility and may be viewed and inspected by Provider during the scheduled walk-thru of the Rosenwald School Building. The Provider will be responsible for basic maintenance and repair of playground equipment.

The Provider will cover the following: furniture, kitchen supplies, janitorial services, pest control, general maintenance, and any damage caused by the provider or program participants, optional utilities including cable and internet, insurance for contents and any other program operational expenses as required by law including liability insurance.

The Provider will be required to negotiate and execute a sublease of the Rosenwald building further defining the parties’ rights and responsibilities.

2.00 Scope of Work

Document Phase Document Description Page 6

The Personnel Cabinet seeks a qualified early childcare provider to operate a 12 months / year-round program for children ages 1 – 5, with an option to expand the program in the future to include infants. The expectation is that the program would operate 5 days per week (Monday

– Friday) for 52 weeks per year with the exception of Commonwealth of Kentucky Executive Branch full day holidays. The program should operate a full day on election days and Good Friday. The Executive Branch calendar will be provided to the successful respondent on an annual basis. Expected hours of operation are 7:00 a.m. through 5:30 p.m. at a minimum.

Providers shall have an active childcare license issued by the Division of Regulated Child Care in the Office of Inspector General, within the Cabinet for Health and Family Services, and shall not have had any Type A civil penalties in the past 5 years. Providers are expected to participate in the Kentucky All Stars program with a goal to reach and maintain a rating of three (3) or above within two (2) years.

The expected scope of services includes but are not limited to the development, staffing, food and beverage, janitorial and all administrative work necessary to operate the program.

The proposal shall include:

Qualifications and Experience: The Provider should submit information about their experience in providing early childhood care and should also demonstrate the ability to obtain proper state licensing in their proposal.

High Quality Rating: Demonstrate an understanding of the Kentucky All Star Program and provide your current rating, any services you utilize through the Kentucky Division of Child Care, within the Cabinet for Health and Family Services, (Brightwheel, etc.) and if you currently hold any childcare related accreditation(s); such as, NAEYC (National Association for the Education of Young Children), etc. Each proposal should include a statement that the respondent has not had a denial, revocation or suspension of their childcare license.

Description of Services: The Provider should include information about their day-to-day operations of an early childcare space including food service options. Provide a detailed plan for meeting the childcare needs of employees of the Commonwealth of Kentucky including protocols for implementing controls for risk management related to caregiving, safety of children, providers, and staff members. The response should include information regarding the option for a future infant program.

Staffing and Recruitment Plan and Ongoing Support: Describe your recruitment plan and how you provide ongoing support to staff. Training, Education, etc.

Timeline: The Respondent shall include a proposed timeline to become operational considering licensing and other requirements that may affect the timeline.

2.01 Value Added Benefit

Value-added services may be added to the contract with the prior approval by the Personnel Cabinet. Upon approval, a formal modification will be made to add the service(s). No work shall begin until a contract modification is completed and notice provided by the Buyer of record that work may begin. See second tab of the cost sheet labeled value added.

3.00 Evaluation Criteria

Document Phase Document Description Page 7

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

The Personnel Cabinet 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.

The Personnel Cabinet shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

Provider shall be able to accept families who qualify for the Child Care Assistance Program (CCAP) and private pay. Please provide a statement in your response that you meet this requirement.

Provider shall obtain licensure from the Division of Regulated Child Care within 30 days, otherwise forfeiting their award and allowing the Cabinet to select the second highest bidder.

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

PROPOSALS THAT DO NOT MEET

MANDATORY REQUIREMENTS WILL BE

DEEMED NON-RESPONSIVE AND WILL

NOT BE CONSIDERED.

Pass/Fail

Qualifications and Experience 200 High Quality Rating 500 Description of Services 200 Staffing and Recruitment Plans and Ongoing Support

Timeline 100 Maximum Points Possible 1500

Document Phase Document Description Page 8

Cost Proposal Evaluation

Cost Form Attachment A

*Based on rate proposal please include the minimum occupancy required to sustain an operational program.

Maximum Points Possible 500

Oral Demonstration/Presentation Evaluation, if required

Oral Demonstration/Presentation

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

Document Phase Document Description Page 9

Maximum Points Possible 750

Total Proposal Evaluation

Technical Proposal 1500

Cost Proposal 500

Oral Demonstrations/Presentations, if required 750

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 2/27/2025

Offeror’s Conf: Facility Walk-thru (Not mandatory; Highly encouraged) 3/19/2025 1:30pm EST

Written Questions due by: 4:00pm EST 3/26/2025

Anticipated Commonwealth Response to Vendor Conference Written Questions 4/10/2025

Proposals Due by: 4:00pm EST 4/30/2025

Document Phase Document Description Page 10

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

5.00 Offeror’s Conference

Facility Walk-thru will be held at:

The Rosenwald Center 315 Maryland Ave Frankfort, KY 40601 on 3/19/2025 at 1:30pm EST. Attendance is not mandatory but is highly encouraged. This will be the only opportunity to see the facility. The Commonwealth shall not be bound by any oral answers to the questions presented at the Conference or oral statements made at any other time by any member of the Commonwealth’s staff. Salient questions asked at the Offeror’s Conference and the responses will be reduced to writing and issued in an Addendum that shall be posted to the eProcurement website. In the event of a conflict between oral answers or statements presented at the Conference and written responses in the Addendum, written responses in the Addendum shall control.

Offerors will be permitted to take pictures of the facility, and a drawing/floorplan will be provided.

6.00 Point of Contact

The Agency Contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail or electronic mail), concerning this procurement shall be addressed to:

Alexa Perry 501 High St, Frankfort KY 40601 502-564-5682 Alexaj.perry@ky.gov

Jana Smith

501 High Street, 3rd Floor Frankfort, KY 40601 502-564-6749 Jana.Smith@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.

Document Phase Document Description Page 11 mailto:Alexaj.perry@ky.gov mailto:Jana.Smith@ky.gov

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 an agreement to be bound by the terms of all addenda issued.

Document Phase Document Description Page 12 https://vss.ky.gov https://vss.ky.gov 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.

All submitted technical and cost proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.10 Format of Response

Electronic Proposals

Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and 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 4:00pm EST on 4/30/2025.

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.

Document Phase Document Description Page 13

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 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.

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

Document Phase Document Description Page 14 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

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, the Offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Offeror and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

For the purposes of this certification, “Principals”, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.

9.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

Offerors should review and comply with the General Conditions and Instructions for Solicitation/ Contract listed under “Response to Solicitation” located on the eProcurement web page at 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

The Personnel Cabinet 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

The Personnel Cabinet 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

Document Phase Document Description Page 15 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

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. The Personnel Cabinet shall not disclose any portions of the proposals prior to contract award to anyone outside the Personnel Cabinet, 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 RP 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 (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

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

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

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Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The Personnel Cabinet 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 (200 KAR 5:410)

Pursuant to KRS 45A.470 and 200 KAR 5:410, 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, the Personnel Cabinet 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, the Personnel Cabinet 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.

9.85 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:

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

Document Phase Document Description Page 17 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. Any written Agreement between the Parties.

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 September 1, 2025 through June 30, 2026.

The anticipated start date may be adjusted as necessary by the Personnel Cabinet.

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

The Commonwealth reserves the right to renew this contract for up to three (3) additional two (2) year periods.

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

10.40 Changes and Modifications to the Contract

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

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Cabinet prior to the effective date of such modification or change. Modification shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee. Memoranda of Understanding, written clarification, and/or other correspondence shall not be construed as amendments to the Contract.

10.50 Notices

Unless otherwise instructed, all notices, consents, and other communications required and/or permitted by the Contract shall be in writing. After the award of the Contract, all communications of a contractual or legal nature are to be made to the Agency Contact.

1. Can you confirm this building is currently being used for school-age programming thru 4H?

Yes

2. As mentioned on Page5, the kitchen appliances are provided “as-is” to include two commercial grade food warmers, two commercial grade food coolers, one commercial grade oven/range and two commercial grade dishwashers, can you confirm that the oven/range includes the required hood and grease trap?

There is both the required hood and grease trap.

3. Is there any furniture, fixtures, and equipment currently in the facility that will remain?

Various furniture/fixtures will be available but there is not a list at this time.

Is the new vendor responsible for the costs of the FFE to equip the suggested classroom deployment?

Yes, for any remaining needs.

4. As mentioned on Page 5, the provider will be required to negotiate and execute a sublease of the Rosenwald building, does this involve a payment by the vendor to the University or just a lease agreement?

Sublease agreement would not require the provider to pay rent to the University. Building is being provided with the inclusion of rent and utilities in lieu of management fee.

5. What is the Commonwealth of Kentucky’s timeline for selecting the provider, execution of agreement and the opening the program?

It is the Commonwealth’s intent to select a provider within approx. 60 days from close of this RFP and intend for the program to begin operation no later than Jan 1, 2026.

6. If determined a partnership model would best indicate the implementation of a management fee, Will you pay a management fee?

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Building is being provided with the inclusion of rent and utilities in lieu of management fee.

7. Our standard term of agreement is a five-year agreement, will the Commonwealth of Kentucky consider a 3-year initial agreement vs a 1 year, as stated in section 10.30 of the RFP?

Contract is required to follow the Kentucky Government Contract Review Committee Policy 99-4.

8. Please provide the floorplan, renderings, including square footage prior to the Offeror’s

Conference on 03.19. These documents will support our team’s efficiency during this walkthrough.

Floorplan was provided at the walkthrough. The total square feet of the building is 24,000sq ft.

9. If unable to provide floorplans/rendering prior to the Offeror’s Conference, will your plans include square footages of the classrooms space, outdoor space, and identify bathroom locations?

Room # on Building

Floorplan

Room Label on Building Floorplan

Square Footage

101 Lobby 875

101A Vestibule 59

101B Vestibule 83

101C IT Closet 32

102 Reception 363

103 Office 165

104 Office 166

105 Office 205

106 Pantry/Kitchenette 40

107 Conference Room 210

108 Sick Bay 94

109 Office Restroom 67

110 Multipurpose Room 2,113

110A Storage 46

110B Storage 83

110C Storage 32

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111 Kitchen 398

112 Teaching Kitchen 120

113 Recycling 17

114 Restroom - Mens 102

115 Restroom - Womens 102

116 Mechanical 265

117 Janitorial 41

117A Shower 44

118 Laundry 55

119 Afterschool Room 1,180

120 Observation Room 110

121 Toddler Room 1 733

122 Toddler Room 1 Restroom 59

122A Toddler Room 1 Storage 34

123 Toddler Room 2 733

124 Toddler Room 2 Restroom 59

124A Toddler Room 2 Storage 34

125 Observation Room 114

126 Infant Room 783

126A Infant Room Storage 60

127 Observation Room 164

128 Bonus Room 799

129 Bonus Room Restroom 60

130 Preschool Room 1,078

131 Preschool Room Restroom 60

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132 Preschool Room Storage 35

10. As mentioned on Page 7 of the RFP, the Commonwealth of Kentucky requires that vendor must obtain a child care license within 30 days. As the Division of Regulated Child Care is in control of this process and it is likely to take more than 30 days, is this requirement flexible, if the licensing process has begun?

11. If the provider is experienced in operating child care facilities, would the Commonwealth of

Kentucky reconsider including an infant room for the room deployment?

12. It states in the RFP, the intent is to achieve childcare program rates lower than the average cost of childcare in Franklin County, Kentucky. Are you looking for a specific percentage below the average cost of childcare?

No. The Commonwealth is looking to achieve the lowest possible rates to state employees.

13. What condition is the building in? Has the space been maintained or will it require renovations?

The building is in good condition with some maintenance items to be completed by KSU or the Commonwealth prior to opening. Renovations are not expected.

14. Are there any structure changes or upgrades planned for the space?

New HVAC and other minor maintenance items to be completed by KSU or the Commonwealth prior to opening.

15. Has anyone looked at the space from a childcare lens to determine what updates are needed? If not, do you want us to assist?

An initial inspection found the building to be in good condition and identified only minor issues.

The scheduled maintenance items to be completed by KSU or the Commonwealth prior to opening will address the concerns of the initial inspection.

16. If you do know what updates are required, do you have a timeline for delivering a licensable space?

No significant improvements are required. Licensable space provided prior to opening.

17. Have you budgeted for the capital expenditures required to renovate the space to current childcare licensing standards?

No significant improvements are required. Minor maintenance to be completed timely.

18. Can you please clarify lease expectations? Will the lease be for legal regulation only or does the Commonwealth intend to charge rent for the space?

Intent is to offer space rent free and lease is to determine legal obligations of lessor and lessee.

19. Are you able to consider a financial model that includes a management fee?

Building is being provided with the inclusion of rent and utilities in lieu of management fee.

20. Can we include infants in our initial financial model?

Please see cost sheet and structure as required by the RFP.

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21. What is the current condition of the outdoor environment?

Good

Is there an existing outdoor play area?

Yes

Is there fencing, fall zones, age-appropriate bolted playground fixtures?

Yes

Will the playground need upgrades or modifications to comply with current state licensing regulations and standards?

Any repairs or upgrades will be completed by KSU or the Commonwealth prior to opening.

22. Is the building accessible for families and staff, including ADA compliance?

Yes

23. What has changed since the last time this space was utilized for childcare and then closed for low enrollment? What indicates to you that this center could achieve sustainable enrollment this time?

The Commonwealth was not associated with the center during that time and cannot answer.

Childcare and childcare cost remain as ongoing concerns for State Employees.

24. Can you please clarify the number of children the center can accommodate, the number of classrooms, and the center’s space by square footage? Total square feet is 24,000 and can accommodate 144 children.

25. In terms of this project, what is the relationship between the Commonwealth of Kentucky and Kentucky State University?

Operation of the center is completely independent of KSU.

How does it impact center operations and the contract?

N/A No impact to center operations are foreseen.

26. Are there safety measures in place such as secure entrances and child-proofed areas?

Yes

27. Are there separate facilities for staff and adult use such as restrooms and break rooms?

Yes, there is office space.

28. Have there been any recent building inspections (in the past year)? If so, were there any concerns raised? Are there fire, sanitation, or health inspection certificates on file and current for the building?

Unknown. Confident that building can and will pass required inspections prior to opening.

29. Are there dedicated areas for specific age groups of the child you intend to serve, and if so, how are those spaces divided?

There are individual rooms. The provider would need to determine how each room/space would be utilized.

30. What equipment exists in the kitchen/warming pantry? Will the equipment in the kitchen/warming pantry need to be replaced?

All equipment mentioned in Section 1.00 of the RFP is in working condition except for one non-commercial food grade cooler. It will be up the provider to determine their need.

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Personal Service Contract Standard Terms and Conditions Revised August 2024

Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and

Whereas, the second party, the Contractor, is available and qualified to perform such function; and

Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party;

NOW THEREFORE, the following terms and conditions are applicable to this contract:

1.00 Effective Date

This contract is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the contract and until the contract has been submitted to the Legislative Research Commission, Government Contract Review Committee (“LRC”). However, in accordance with KRS 45A.700, contracts in aggregate amounts of $10,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes.

KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head if the agency has been granted delegation authority by the Secretary.

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

2.00 Renewals

Upon expiration of the initial term, the contract may be renewed in accordance with the terms and conditions in the original solicitation. Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet or his authorized designee and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705, and contingent upon available funding.

3.00 LRC Policies

Pursuant to KRS 45A.725, LRC has established policies which govern rates payable for certain professional services. These are located on the LRC webpage https://apps.legislature.ky.gov/ moreinfo/Contracts/homepage.html and would impact any contract established under KRS 45A.690 et seq., where applicable.

4.00 Choice of Law and Forum

This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

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5.00 EEO Requirements

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

6.00 Cancellation

The Commonwealth shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the Contractor by registered or certified mail.

7.00 Funding Out Provision

The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the Contractor thirty (30) calendar days’ written notice of termination of the contract due to lack of available funding.

8.00 Reduction in Contract Worker Hours

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and…