Specifications ARFQ FLC25.01.docx

REQUEST FOR QUOTATION

ARFQ FLC25*01 West Virginia Nurse Aide Competency Evaluation Services

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Office of Shared Administration (OSA), Office of Inspector General (OIG), Office of Health Facility Licensure and Certification (OHFLAC) hereinafter “the Agency” is soliciting bids to establish a contract for competency evaluation services for Nurse Aides and Nurse Aide candidates in West Virginia.

EEOP NOTE: https://dhhr.wv.gov/office-of-drug-control-policy/news/Documents/EEO%20Uitlization%20Report%20Completed%20Form%201-29-21-final-PDF%20review%20for%20approval%20to%20submit%20%283%29.pdf

The contract awarded as a result of this solicitation may be funded in whole or in part with Federal Funds and thus this solicitation and its resulting awarded contract are subject to the requirements of attached Federal Funds Addendum.

The contract consists of three Nurse Aide competency evaluation components:

1.1. Component A: Nurse Aide Competency Evaluation Program (NACEP)

1.2. Component B: Educate-the-Educator Workshop

1.3. Component C: Nurse Aide Refresher Course

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in Section 2 of the General Terms and Conditions.

2.1. “Contract Services” means competency evaluation services for West Virginia Nurse Aides and Nurse Aide candidates as more fully described in these specifications.

2.2. “Pricing Page” means the pages, contained in wvOASIS or attached hereto as Exhibit A, upon which Vendor should list its proposed price for the Contract Services.

2.3. “Solicitation” means the official notice of an opportunity to supply the State with goods or services.

3. QUALIFICATIONS: Vendor, or Vendor’s staff if requirements are inherently limited to individuals rather than corporate entities, shall have the following minimum qualifications:

3.1. Qualifications for Component A: NACEP Evaluator must:

3.1.1. Be a registered professional nurse (RN) in good standing with an unencumbered license in West Virginia.

3.1.2. Have at least one year’s experience in providing care for the elderly or the chronically ill of any age.

3.2. Qualifications for Component B: Educate-the-Educator Instructor must meet at least one of the criteria below:

3.2.1. Have successfully completed the Educate-the-Educator Workshop; or

3.2.2. Hold a Vocational Certificate from the West Virginia Department of Education; or

3.2.3. Hold a vocational permit and have completed the West Virginia Vocational Teacher Education Program; or

3.2.4. Completed a course in teaching adults that is approved by the Agency; or

3.2.5. Have one-year experience in teaching adults; or

3.2.6. Have one-year experience supervising nurse aides.

3.3. Instructor Qualifications for Component C: Nurse Aide Refresher Course Instructor must:

3.3.1. Be a registered professional nurse (RN) in good standing with an unencumbered license in West Virginia; and

3.3.2. Have a minimum of 2 years of nursing experience, at least one year of which must be in the provision of long-term care facility services. Instructors with long term care experience under 2 years, must be supervised by the program director who has the required 2 years of long-term care experience.

3.3.3. Meet the requirements for Educate-the-Educator in section 3.2.

4. MANDATORY REQUIREMENTS:

4.1. Mandatory Contract Services Requirements and Deliverables: Contract Services must meet or exceed the mandatory requirements listed below.

4.1.1. Vendor Verification of Qualifications:

4.1.1.1. Vendor shall provide resumes of key employees that are currently employed or to be employed by Vendor to provide services on behalf of Vendor under this contract.

4.1.1.2. If an individual is not yet employed by the Vendor, the Vendor must provide verification of the prospective employment agreement.

4.1.1.3. The resumes should list the individual’s qualifications and the task(s) that the individual may perform for the Vendor.

4.1.1.4. Resumes required under this section should be provided prior to the award of this contract.

4.1.1.5. Key employees are those who will provide development and implementation of services per this RFQ.

4.1.1.6. Vendor shall provide to the Agency for approval the evaluators’ and instructors’ resumes, licenses, certifications, and all other requested documents prior to provision of services.

4.1.1.7. The Department reserves the right to request resumes from Vendor for any of its employees prior to and after contract award.

4.1.2. Ethics Commission. Vendor shall provide opinions from the West Virginia Ethics Commission and a determination from the State of West Virginia in the form of a Secondary Employment or Voluntary Activity form for any employee/contactor or future employee/contractor who may be working for the Vendor and also as a state employee.

4.1.3. Insurance Requirements: Vendor shall be solely liable for the acts and omissions of its employees and agents.

4.1.3.1. Vendor must have workers compensation insurance.

4.1.3.2. Vendor must maintain auto insurance in the amount of $1,000.000.00.

4.1.3.3. Vendor must maintain and furnish proof of coverage of liability insurance for loss, damage, or injury (including death) of third parties arising from acts and omissions on the part of Vendor, its agents and employees in the following amounts:

4.1.3.3.1. For bodily injury (including death): Minimum of $500,000.00 per person and $1,000,000.00 per occurrence.

4.1.3.3.2. For property damage: Minimum of $1,000,000.00 per occurrence.

4.1.3.3.3. Professional liability insurance: Minimum of $1,000,000.00 per occurrence.

4.1.3.3.4. General liability: Minimum of $1,000,000.00 per occurrence.

4.1.3.3.5. The State of West Virginia shall be named the Certificate Holder.

4.1.4. Reading Comprehension: All reading materials must be composed at a fifth-grade reading level.

4.1.5. Access to State Network: Vendor shall coordinate with the Agency to complete appropriate paperwork for state network access. Electronic deliverables and reports from the Vendor must be input or copied to the WVDHHR servers.

4.1.6. Access to the Agency Portal: Vendor shall coordinate with the Agency to complete the appropriate paperwork for Agency Portal access. Electronic deliverables and reports from the Vendor must be input or copied to the Agency portal.

4.1.7. Organization of Bid Proposal: The RFQ must be submitted electronically only, and include the following:

4.1.7.1. Cover letter

4.1.7.2. Background/Experience

4.1.7.3. Organization Chart with Individual Resumes (current key employees/contractors only)

4.1.7.4. Component A: WV Nurse Aide Competency Evaluation Program (NACEP)

4.1.7.5. Component B: Educate-the-Educator Workshop

4.1.7.6. Component C: Nurse Aide Refresher Course

4.1.7.7. Pricing Page

4.1.7.8. Project Attachments

4.1.8. Component A: Nurse Aide Competency Evaluation Program (NACEP)

4.1.8.1. Evaluation Formats: The NACEP evaluation has two parts: 1) the written evaluation; and 2) the skills competency evaluation.

4.1.8.1.1. Written Evaluation: Vendor shall provide Nurse Aide candidates with computer-based testing on a secure network with accounts for access only on the testing date and under a monitored setting to ensure the integrity of the testing process. Oral or paper evaluations will be provided upon request by the Nurse Aide candidate.

4.1.8.1.2. Skills Competency Evaluation: Vendor shall provide Nurse Aide candidates with in-person testing of skills competency. Testing facilities must provide necessary equipment, and adequate laboratory and clinical space for demonstration of skills by candidate and observation by the evaluator.

4.1.8.2. Curriculum Analysis: Vendor shall analysis the curriculum materials used by a variety of programs statewide. This shall include any textbooks, workbooks, and resource materials used to implement the instruction programs across West Virginia.

4.1.8.3. Pool of Written Evaluation Questions: Based on the curriculum analysis, Vendor shall provide to the Agency a pool of no less than 800 questions for the written competency evaluation. The pool of questions must cover all areas of the training curriculum as defined by the Agency’s program manual located at: ohflac.wvdhhr.org.

4.1.8.4. Written Evaluation Composition: The written competency examination shall consist of 70-multiple choice questions. Candidates shall have two hours to complete the written competency evaluation.

4.1.8.4.1. Vendor will ensure each evaluation has 60% of questions related to physical care skills, 14% of questions based on psychosocial skills, and 26% of questions on the role of the Nurse Aide, or as defined by the Agency.

4.1.8.4.2. Vendor shall ensure the exam covers the areas of the training curriculum as defined by the Agency’s program manual located at ohflac.wvdhhr.org.

4.1.8.5. Skills Performance Evaluation: Vendor will evaluate Nurse Aide candidate on the five randomly selected skills based on the Agency’s NACEP Competency Skills Checklist program manual located at: ohflac.wvdhhr.org. One of the randomly selected skills shall be a measurement skill. Hand hygiene, Introduction and Completion skills do not count toward the five randomly selected skills. Candidates shall have 30 minutes to compete the Skills Performance Evaluation.

4.1.8.6. Evaluator Orientation: Vendor shall provide the Evaluator with seven (7) hours of orientation to cover all aspects of the competency evaluation process. Orientation records shall be available for review by the Agency, upon request.

4.1.8.7. Testing Handbook: Vendor shall develop, with Agency approval, a testing handbook. The audience of the testing handbook is the Nurse Aide candidate. The testing handbook shall include, but is not limited to, what to expect on exam day, overview of the written and skills exam, written and skills exam content outline and percentage of questions for scoring, how recording a measurement is completed, tips for written and skills evaluations, score reporting, grievance process, and nurse aide registry overview.

4.1.8.8. Scoring: Vendor shall provide information regarding the basis of the scoring and shall accept the appropriate minimum passing score set by OHFLAC. For electronic evaluations, the Vendor shall record the score assigned via the electronic-based evaluation to be combined with the skills portion of the test. The Vendor shall score skills performance competency evaluations from a numerical value assigned to each step of the test.

4.1.8.9. Evaluation Sites: Vendor shall establish secure evaluation sites for the electronic, oral, and the skills competency evaluations in eight regional sites throughout West Virginia. The prospective sites are Wheeling, Parkersburg, Fairmont, Elkins, Huntington, Charleston, Martinsburg and Beckley.

4.1.8.10. Evaluation Schedule: The evaluations shall be scheduled at a minimum of one per month. A minimum of one monthly evaluation shall be conducted to accommodate the surrounding approved facilities. Candidates are pre-registered two weeks in advance. Candidates shall be notified no later than one week prior to the scheduled evaluation.

4.1.8.11. Final Form and Documentation: Vendor shall prepare the evaluations in final form with supporting material and evaluation date schedules and shall deliver such to the Agency prior to providing the services.

4.1.8.12. Registration of Eligible Candidates: Vendor shall be required to verify “test eligible” candidates with the Nurse Aide Program by accessing the on-line nurse aide verification lookup at ohflac.wvdhhr.org.

4.1.8.13. Quality Assurance and Improvement: Vendor shall provide and manage a comprehensive and vigorous plan to ensure security and integrity in the evaluation process at all times.

4.1.8.13.1. Vendor shall submit the formal plan it intends to implement to assure security and integrity throughout the evaluation process.

4.1.8.13.2. Vendor shall describe and provide examples of the performance data it shall collect from its evaluation program and demonstrate how it shall use the feedback to improve its competency evaluation program.

4.1.8.13.3. Vendor shall comply with State of West Virginia Office of Technology and WVDHHR policies and understands the Agency has the authority to verify processes and equipment standards at any time during the contract period.

4.1.8.13.4. Vendor shall develop and manage a system of quality assurance with respect to the processing and disposition of candidate applications.

4.1.8.13.5. Vendor shall control the security of an evaluation before and after the administration of the evaluation, including printing, shipping, or otherwise conveying information regarding evaluation and results.

4.1.8.13.6. Vendor must comply with Centers for Medicare and Medicaid Services (CMS) requirements and the Health Insurance Portability and Accountability Act (HIPAA) involving protection of personally identifiable information.

4.1.8.13.7. Vendor shall provide a system for controlling the security of each evaluation during administration for both written (computer or paper) and skills, including, but not limited to, candidate identification, seating arrangements, distribution of evaluation materials, and monitoring the evaluation.

4.1.8.13.8. Vendor shall provide an internal procedure for investigation and correction of alleged or determined breaches of security, including missing evaluations, candidate cheating, candidate use of fraudulent identification credentials, actions on questionable score validity and other identified irregularities, including, but not limited to, correction of deficiencies of its own system.

4.1.8.13.9. Vendor shall report identified quality assurance issues to the Agency within two business days of discovery. The Vendor shall include in its report measures the Vendor shall take or has taken to resolve the issues. Reportable issues include, but are not limited to, equipment problems, employee performance issues, evaluation site conditions, evaluation administration irregularities and scoring irregularities.

4.1.8.14. Transfer of Evaluation Results:

4.1.8.14.1. Pass and Fail Rate Report: The Vendor shall distribute the evaluation results for each program’s success or failed rate status on an annual basis. The report will list the program by name, calendar year the program provided training, and the program’s success rate or the total percentage of students passed. The final report, similar to a performance report, must list each program and its final performance at year end. The report shall be electronically transmitted to the Agency and must not contain any personal health information.

4.1.8.14.2. Evaluation Results Data: Vendor shall submit the competency evaluation results based on the Agency’s specification to the WVDHHR server. The following fields must be included: the applicant’s first, middle and last name and/or maiden name, NATCEP training program’s name and assigned program number, evaluation date, whether the applicant passed or failed the written and the skills portion of the evaluation, final score for both written and skills, and the number of evaluation occurrences.

4.1.8.14.3. Preliminary Evaluation Results: Vendor shall communicate the preliminary test results to the candidate and the NATCEP provider on the same day that the test is administered. The preliminary and the final test results shall be posted within 48 hours. Using the assigned unique identifier for the candidate, the posting must list the pass/fail results of both parts of the competency exam, the testing date, NATCEP name, and the name of the testing site.

4.1.8.14.4. Final Evaluation Results: Within 30 working days after the evaluation, the Vendor shall provide to the authorizing agency each NATCEP performance score card indicating areas of strength and weakness and number of total applicants passed and failed.

4.1.8.14.5. Oral and Paper Evaluation Results: For the back-up paper-based exam, the vendor must communicate the preliminary test results to the candidate, NATCEP provider, and the agency within five working days, and the final test results within a total of ten working days from the testing date. The vendor shall notify each candidate of the result of the evaluation with areas of strength and weakness for both the written and skills portion of the evaluations identified and, if necessary, with registration information for subsequent evaluation sites and schedules.

4.1.8.15. Performance Reporting for NATCEP Programs:

4.1.8.15.1. Upon request by the Agency, the Vendor shall provide to the Agency, a Performance Report of NATCEP program providers with a competency evaluation failure rate of 40% or more and/or a pattern of frequent failure.

4.1.8.15.2. Vendor shall provide for the West Virginia state-approved training program’s reports of their own candidates’ pass/fail data.

4.1.8.15.3. The Vendor shall electronically deliver preliminary evaluation results of candidates who pass the competency evaluation and those who fail any portion of the competency evaluation to the Agency. The on-line results shall only display the final results.

4.1.8.15.4. All requested reports shall include the specific information and format requested by the Agency.

4.1.8.16. Repeat Evaluations: If a candidate does not pass an electronic or oral competency or a skills performance evaluation, and if the candidate again meets the eligibility requirements as stated in the state and federal regulations, that candidate should be considered eligible to register for the next monthly evaluation, if applicable, at the regional site which the candidate has designated.

4.1.8.17. Agency Approval: Vendor shall make modifications to any requirements at the Agency’s request.

4.1.9. COMPONENT B: EDUCATE THE EDUCATOR WORKSHOP:

4.1.9.1. Criteria for Workshop: Registered professional nurses who are instructors for the West Virginia Nurse Aide Training and Competency Evaluation Program who do not meet one of the following criteria, must successfully complete the Educate the Educator Program:

4.1.9.1.1. Hold a Vocational Certificate from the West Virginia Department of Education.

4.1.9.1.2. Hold a vocational permit and have completed the West Virginia Vocational Teacher Education Program.

4.1.9.1.3. Completed a course in teaching adults that is approved by the Agency.

4.1.9.1.4. Have one-year experience in teaching adults.

4.1.9.1.5. Have one-year experience supervising nurse aides.

4.1.9.2. Educate the Educator Workshop: A training course for primary instructors must be a minimum of 24 hours in length and must cover the following areas:

4.1.9.2.1. Principles of adult learning and training techniques.

4.1.9.2.2. Formulating training objectives, including behavioral objectives which state measurable performance criteria for competency evaluation.

4.1.9.2.3. Designing the curriculum to provide a logical organization of the material.

4.1.9.2.4. Developing lesson plans.

4.1.9.2.5. Choosing appropriate teaching strategies and methodologies.

4.1.9.2.6. Developing learning materials.

4.1.9.2.7. Providing a mechanism for evaluating trainee learning.

4.1.9.2.8. Effectively supervising trainees’ clinical experience.

4.1.9.2.9. Defining criteria for successful achievement of training program objectives.

4.1.9.2.10. Developing a record keeping system, and

4.1.9.2.11. Step-by-step instructions on how to seek calendar approval and how to use the Excel workbook and required documents from OHFLAC Nurse Aide Program.

4.1.9.3. Instructional Material: Vendor shall provide a course outline, curriculum, training material, handouts, etc., for review and approval to OHFLAC prior to the provision of the services.

4.1.9.3.1. Policy changes related to the program shall be provided to the Vendor in a written format by OHFLAC on an “as needed” basis.

4.1.9.3.2. No future changes shall be made to the Vendor’s course outline or material without prior approval by OHFLAC.

4.1.9.4. Certificate of Completion: Vendor shall provide the participant with a certificate indicating participation and completion of the workshop.

4.1.9.4.1. The Vendor is required to seek approval from the West Virginia Board of Examiners for Registered Professional Nurses to provide 24 continuing education credits to the registered professional nurse for this course.

4.1.9.4.2. Vendor shall provide the licenses, certifications and all other documentation to OHFLAC, prior to providing the services.

4.1.9.5. Results: Vendor shall electronically provide to OHFLAC a list of workshop participants twice a year in June and January in a format acceptable to OHFLAC, compliant with federal and state guidelines.

4.1.9.5.1. This all-inclusive list shall include dates and locations of the workshop, first and last name of the participant, West Virginia Registered Nurse license number, and continuing education contact hours.

4.1.9.5.2. If the applicant does not qualify to be a NATCEP instructor, then the certificate shall read: “Non-NATCEP Instructor.” Each certificate shall be issued according to the candidate’s enrollment status. Example: NATCEP-Instructor, or Non-NATCEP-Instructor, Administrator, etc.

4.1.9.6. Proposed Site Schedule: Vendor shall provide a proposed schedule with proposed locations for conducting workshops, with provision of no less than four workshops annually. These sessions can be conducted anywhere in the state. The Vendor shall seek approval of the workshop location(s) from OHFLAC prior to providing the services.

4.1.9.7. Scheduling Responsibilities: Vendor shall be responsible for all arrangements and costs for the workshops including scheduling sites, instructors, and provision of all instructional material. Vendor shall provide detailed information and registration forms to the eligible participants.

4.1.9.8. Instructor Credentials: Vendor shall provide the credentials of all workshop instructors for approval prior to provision of the services. The applicants’ resumes shall list the task(s) that they shall be performing for the Vendor and ensure the applicant does not have a conflict of interest

4.1.10. Component C: Nurse Aide Refresher Course: The Nurse Aide Refresher Course is for nurse aides who have lost their registry status due to the lack of, or the inability, to fulfill federal requirements. These nurse aides have not performed nurse aide services for monetary compensation for a period of 24 months or greater.

4.1.10.1. Course Length and Setting:

4.1.10.1.1. Vendor shall provide the interactive refresher course to review the NATCEP curriculum and practice and review competency skills.

4.1.10.1.2. The training course is a minimum of 16 hours.

4.1.10.1.3. All skills listed on the Competency Skills Checklist are required to be taught.

4.1.10.1.4. Vendor shall allow the student the opportunity to practice their Competency Skills and perform return demonstration.

4.1.10.1.5. The “Skills Performance Record” must be completed by the instructor and reflect an accurate evaluation of performance by the nurse aide.

4.1.10.1.6. At completion of the refresher workshop, the Vendor shall provide each nurse aide with a copy of their “Skills Performance Record.”

4.1.10.1.7. The classroom shall have appropriate equipment, be of adequate size, and not interfere with resident activities.

4.1.10.1.8. The skills demonstration portion of the evaluation shall be performed by or under the general supervision of an approved NATCEP registered nurse in a laboratory setting comparable to the nursing home setting in which the person shall function as a nurse aide.

4.1.10.2. Registration of Eligible Course Candidates: Vendor shall be required to verify that all potential candidates are eligible for this course, by checking the West Virginia Nurse Aide Registry prior to granting admission to the refresher sessions. Any discrepancies must be reported to OHFLAC. All discrepancies must be resolved prior to evaluation.

4.1.10.2.1. Before a candidate can be admitted to the refresher course, the candidate must provide a copy of the letter addressed to the candidate issued by the Agency indicating that the eligible candidate is required to take the refresher course, or

4.1.10.2.2. Vendor must be able to validate the candidate’s eligibility status listed on the Nurse Aide Registry’s website reflecting the following message: “This nurse aide is eligible for the Refresher Course Program and the CEP until (date); his/her original social security card; and a photo identification card or driver’s license.”

4.1.10.3. Instructional Material: Vendor shall develop a course outline, lesson plans, and instructional materials for the Agency to review and approve prior to the provision of services. Vendor shall provide the Agency with the title of any textbook and/or workbook used during the course.

4.1.10.4. Distribution of Course Results: Vendor shall maintain a record of all pertinent information required, complete the “Refresher Completion” roster form (WVNATCEP-14), and submit to the Agency within ten (10) working days after class completion. Applicants are not eligible to take the competency evaluation until their status listed on Nurse Aide Registry reflects that they are eligible to take the test.

4.1.10.5. Proposed Site Schedule: Vendor shall provide a proposed schedule with proposed locations for conducting workshops with no less than six (6) workshops held annually. The vendor shall provide three workshop sessions in each region identified below. The Vendor shall seek approval of the workshop location(s) from OHFLAC prior to providing the services.

4.1.10.6. Certificate of Completion: Vendor shall provide the participants with a completion certificate when the applicant successfully completes the required session. The certificate shall include the type of certificate issued, total hours attended, the applicant’s first, middle and last name with nurse aide registration or identification number (if applicable), location of training site, date(s) attended, NATCEP RN-instructor’s name, and title.

4.1.10.7. Competency Evaluation: Candidates who successfully complete the Refresher Course must take the Competency Evaluation.

5. CONTRACT AWARD:

5.1. Contract Award: The Contract is intended to provide the Agency with a purchase price for the Contract Services. The Contract shall be awarded to the Vendor that provides the Contract Services meeting the required specifications for the Annual cost as shown on the Pricing Pages.

5.2. Pricing Page: Vendor should complete the Pricing Page by inserting fees for all services provided on the pricing page. Vendor should complete the Pricing Page in full, as failure to complete the Pricing Page in its entirety may result in Vendor’s bid being disqualified.

5.2.1. The Pricing Pages contain a list of the Contract Items and estimated purchase volume. The estimated purchase volume for each item represents the approximate volume of anticipated purchases only. No future use of the Contract or any individual item is guaranteed or implied.

5.2.2. Vendor should type or electronically enter the information into the Pricing Pages through wvOASIS, if available, or as an electronic document.

6. PERFORMANCE: Vendor shall perform in accordance with the release orders that may be issued against this Contract. Vendor must deliver services as designated for each Component within in document.

6.1. Vendor shall hold unimpeded scheduled services for all applicants. Services may not be cancelled due to low participation or enrollment.

6.2. Vendor must implement services per the Agency requirements as outlined in the program manual, including any revisions or updates to this document.

6.3. Component A: Vendor must schedule testing at a minimum of one per month per testing location. Candidates are pre-registered two weeks in advance. Vendor must follow up with candidates one week prior to testing.

6.4. Component B: Vendor must conduct at least four (4) courses annually.

6.5. Component C: Vendor must conduct at least six (6) courses annually.

6.6. Late Delivery: The Agency placing the order under this Contract must be notified in writing if orders will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the delayed order, and/or obtaining the items ordered from a third party. Vendor seeking to obtain items from a third party under this provision must first obtain approval of the Purchasing Division.

6.7. Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B. destination to the Agency’s location. Vendor shall include the cost of standard order delivery charges in its bid pricing/discount and is not permitted to charge the Agency separately for such delivery. The Agency will pay delivery charges on all emergency orders provided that Vendor invoices those delivery costs as a separate charge with the original freight bill attached to the invoice.

6.8. Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that items are unacceptable or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be free on board (FOB) from the Agency’s location. The returned product shall either be replaced, or the Agency shall receive a full credit or refund for the purchase price, at the Agency’s discretion.

6.9. Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

7. PAYMENT:

7.1. Vendor shall not receive any funding from the Agency or WVDHHR for services under this Contract.

7.2. Vendor shall collect any and all fees from all participants or his/her sponsor in accordance with the attached contract fee schedule.

7.2.1. Some departments within state government sponsor their employees, potential employees, and/or clients.

7.2.2. Payment for these services is not considered a conflict.

7.3. Any costs accrued for OHFLAC approvals, coordination of services, and monthly reports must be included in the participant fees for services provided.

7.4. Ordering: Vendor shall accept orders through wvOASIS, regular mail, facsimile, e-mail, or any other written form of communication. Vendor may, but is not required to, accept online orders through a secure internet ordering portal/website. If Vendor has the ability to accept online orders, it should include in its response a brief description of how Agencies may utilize the on-line ordering system. Vendor shall ensure that its online ordering system is properly secured prior to processing Agency orders online.

7.5. Payment: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

8. TRAVEL: Vendor shall be responsible for all mileage and travel costs, including travel time, associated with performance of this Contract. Any anticipated mileage or travel costs may be included in the flat fee or hourly rate listed on Vendor’s bid, but such costs will not be paid by the Agency separately.

9. FACILITIES ACCESS: Performance of Contract Services does not require access cards and/or keys to gain entrance to Agency’s facilities.

10. VENDOR DEFAULT:

10.1. The following shall be considered a vendor default under this Contract.

10.1.1. Failure to perform Contract Services in accordance with the requirements contained herein.

10.1.2. Failure to comply with other specifications and requirements contained herein.

10.1.3. Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

10.1.4. Failure to remedy deficient performance upon request.

10.2. The following remedies shall be available to Agency upon default.

10.2.1. Immediate cancellation of the Contract.

10.2.2. Immediate cancellation of one or more release orders issued under this Contract.

10.2.3. Any other remedies available in law or equity.

11. MISCELLANEOUS:

11.1. Internet Links:

11.1.1. OHFLAC (the Agency): ohflac.wv.gov

11.1.2. Social Security Act: www.ssa.gov/OP_Home/ssact/title18/1819.htm

11.1.3. Federal nursing home regulations: www.ecfr.gov

11.2. No Substitutions: Vendor shall supply only Contract Items submitted in response to the Solicitation unless a contract modification is approved in accordance with the provisions contained in this Contract.

11.3. Vendor Supply: Vendor must carry sufficient inventory of the Contract Items being offered to fulfill its obligations under this Contract. By signing its bid, Vendor certifies that it can supply the Contract Items contained in its bid response.

11.4. Reports: Vendor shall provide quarterly reports and annual summaries to the Agency showing the Agency’s items purchased, quantities of items purchased, and total dollar value of the items purchased. Vendor shall also provide reports, upon request, showing the items purchased during the term of this Contract, the quantity purchased for each of those items, and the total value of purchases for each of those items. Failure to supply such reports may be grounds for cancellation of this Contract.

11.5. Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.

Contract Manager:

Telephone Number:

Fax Number:

Email Address:

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