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RFP-0307 1 of 14 REQUEST FOR PROPOSAL (RFP) ATTENTION: This is not an order. Read all instructions, terms and conditions carefully. PROPOSAL NO.: RFP-0307 RETURN ORIGINAL COPY OF PROPOSAL TO: Issue Date: Issuing Officer: Email: Schedule Name: April 4, 2024 Cole Campbell Cole.Campbell@kctcs.edu Physical Exams & Drug Screens KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM PROCUREMENT TO PAYMENT SERVICES ATTN: RFP-0307 300 NORTH MAIN STREET VERSAILLES, KY 40383 IMPORTANT: PROPOSALS MUST BE RECEIVED BY: April 23, 2024 4:00 p.m. Eastern Standard Time 1. It is the intention of the Request for Proposal (RFP) to enter into competitive negotiation as authorized by KRS 45A.085. 2. Proposals for competitive negotiation shall not be subject to public inspection until negotiations between the purchasing agency and all offerors have been concluded and a contract awarded to the responsible offeror submitting the proposal determined in

writing to be the most advantageous to the KCTCS, price and the evaluation factors set forth in the advertisement and solicitations for proposals considered. 3. An award of contract may be made upon the basis of the initial written proposals received without written or oral discussions. 4. Contracts resulting from this RFP must be governed by and in accordance with the laws of the Commonwealth of Kentucky. 5. The KCTCS reserves the right to request proposal amendments or modifications after the proposal receiving date. 6. The contents of the successful proposal shall become part of any contract awarded. NOTICE 1. Any agreement or collusion among offerors or prospective offerors which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price or to refrain from offering, or otherwise, is prohibited. 2. Any person who violates any provisions of KRS 45A.325 shall be guilty of a felony and shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars, or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment. Any firm, corporation, or association which violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars nor more than twenty thousand dollars. AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040: 1. That I am the offeror (if the offeror is an individual), a partner, (if the offeror is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the offeror is a corporation); 2. That the attached proposal has been arrived at by the offeror independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent bidding or competition; 3. That the contents of the proposal have not been communicated by the offeror or its employees or agents to any person not an employee or agent of the offeror or its surety on any bond furnished with the proposal and will not be communicated to any such person prior to the official opening of the proposal: 4. That the offeror is legally entitled to enter into contracts with the Kentucky Community & Technical College System, and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 to .340, 164.390, and 5. That I have fully informed myself regarding the accuracy of the statement made above. SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS In accordance with KRS45A.110(2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to a bidder will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky. OFFEROR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342 The offeror by signing and submitting a proposal agrees as required by 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of the statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the KCTCS by the successful offeror prior to the award of a contract. CERTIFICATION OF NON-SEGREGATED FACILITIES The offeror, by submitting a proposal, certifies that he/she is in compliance with the Code of Federal Regulations, No. 41 CFR 60-1.8(b), that prohibits the maintaining of segregated facilities. BIDS and RFPs MAY ALSO BE VIEWED AT OUR WEBSITE: Opportunities to Bid | KCTCS All Request for Proposals and contracts are subject to General Terms and Conditions of KCTCS: Terms & Conditions | KCTCS SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the offeror. Type or print the signator's name, title, address, phone number and fax number in the spaces provided. Offers signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the issuing office. _________________________________________ _________________________________________ Company Name Authorized Signature Date _________________________________________ _________________________________________ Address Typed or Printed Name _________________________________________ _________________________________________ City, State, Zip Title _________________________________________ _________________________________________ Phone Number Email Address mailto:Cole.Campbell@kctcs.edu https://systemoffice.kctcs.edu/suppliers/opportunities-to-bid.aspx https://systemoffice.kctcs.edu/suppliers/terms-conditions.aspx RFP-0307 2 of 14 1. Introduction to Offerors 1.1. Purpose of Procurement The Kentucky Community and Technical College System (KCTCS) issues this Request for Proposals to establish a Personal Service Contract for providing students and instructors in the Commercial Driver’s License training program at Southcentral Kentucky Community and Technical College with Physical Exams and Urine Drug Testing, as specified by the regulations of the Kentucky Department of Transportation (DOT) and in accordance with Kentucky law. KCTCS may award more than one contract as a result of this RFP or award a contract for a solution that substantially meets most, but not all requirements stated herein, if it is in their best interest to do so. 1.2 Extension to Other Campuses & Institutions The Offeror should be willing to extend the provision of services under the resulting contract to any other public institutions of higher education of the Commonwealth of Kentucky. Such extension will be under terms and conditions substantially the same as those in the resulting contract except that pricing will be negotiated based on then current rates for the specific level of services required. 1.3. Background The Kentucky Community and Technical College System, the largest institution of higher education in the Commonwealth, is composed of 16 comprehensive two-year colleges with more than 70 campuses throughout the state that serve approximately 80,000 students and nearly 5,000 businesses each year in credit programs leading to certificate, diploma, and associate degrees, pre-baccalaureate education for transfer to four-year institutions, and non-credit programs, customized business and industry training, professional continuing education, and personal enrichment opportunities. This solicitation is for Southcentral Kentucky Community & Technical College located in Bowling Green, KY CDL Program located in Franklin, KY. Home-SKYCTC | SKYCTC (kctcs.edu) 1.4. Overview of the RFP Process The objective of the RFP is to select a qualified Offeror to provide the goods and/or services outlined in this RFP to KCTCS. This RFP process will be conducted to gather and evaluate responses from Offerors for potential award. All qualified Offerors are invited to participate by submitting responses, as further defined below. After evaluating all Offerors’ responses received prior to the opening date of this RFP and following negotiations (if any) and resolution of any contract exceptions, the results of the RFP will be posted at the following link: https://systemoffice.kctcs.edu/vendor_information/opportunities_to_bid/index.aspx Offerors should not assume personal notice will be given regarding the solicitation results. 1.5. Schedule of Events The schedule of events set out herein represents KCTCS’ best estimate of the schedule that will be followed. However, delays to the procurement process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule may be shifted as appropriate. After the opening of the RFP, KCTCS reserves the right to adjust the remainder of the proposed dates, including the dates for evaluation, negotiations, award and the contract term on an as needed basis with or without notice. Description Date Time Release of RFP 4/4/2024 N/A Deadline for written questions sent via email to the Issuing Officer referenced in Section 1.6. 4/15/2024 N/A Proposals Due/Open Date and Time 4/23/2024 4:00 PM EST Proposal Evaluation Completed (on or about) 2 to 3 weeks after opening N/A Finalize Contract Terms 2 to 3 weeks after opening N/A https://southcentral.kctcs.edu/ https://systemoffice.kctcs.edu/vendor_information/opportunities_to_bid/index.aspx RFP-0307 3 of 14 1.6. Official Issuing Officer (Procurement Analyst) Vickie.Dillon@kctcs.edu 1.7. Contract Term The personal service contract resulting from this RFP will be written for the services included as described in this RFP. All personal service contracts are subject to review and approval by the Legislative Research Commission Government Contract Review Committee. Personal Service Contracts are mandated to not exceed the Biennium in which they are established. The Biennium for this solicitation is July 1, 2024 through June 30, 2026. By mutual written agreement between KCTCS and awarded provider, the contract may be extended. 1.8. Contract Termination The contract resulting from this RFP shall be subject to the following termination provisions: • for default • for Offeror bankruptcy • for unavailability of funds • KCTCS may terminate the contract at any time if KCTCS determines that funding is no longer available to support this enterprise. • mutual agreement • non performance • Failure to provide satisfactory quality of service, including, failure to maintain adequate personnel or personnel control, whether arising from labor or service disputes, or otherwise any substantial change in ownership or proprietorship of the Contractor, which in the opinion of KCTCS is not in its best interest, or failure to comply with the terms of this contract. • Failure to keep or perform, within the time period set forth herein, or violation of, any of the covenants, conditions, provisions or agreements herein contained. • otherwise as specifically provided by the contract • upon 30 days written notice, at the sole discretion and convenience of KCTCS 1.9. Personal Service Contract A personal service contract will be issued as required on a biennial basis (if applicable) and shall be subject to review and approval by the Legislative Research Commission Government Contract Review Committee. KCTCS reserves the right to award contracts at any length, as determined most beneficial to KCTCS. 1.10. Method of Award KCTCS may award one or more contracts to that responsive and responsible Offeror whose proposal, conforming to this solicitation, will be the most advantageous to KCTCS based on the criteria as shown in the Evaluation of Proposal section. Final determination shall be the responsibility of KCTCS. Only those proposals received which reflect a comprehensive appreciation of the requested services to KCTCS and offer a realistic solution which will benefit KCTCS will be considered for award of a contract. An award of a contract shall be made by KCTCS to the Proposer who offers the best proposal and with whom negotiations result in a contract package of greatest benefit to KCTCS based upon evaluation methods contained herein. 2. Instructions to Offerors By submitting a response to the RFP, the Offeror is acknowledging that the Offeror: 1. Has read the information and instructions, 2. Agrees to comply with the information and instructions contained herein. 2.1. General Information and Instructions 2.1.1. Restrictions on Communicating with Staff From the issue date of this RFP until the final award is announced, Offerors are not allowed to communicate with any KCTCS administrator, faculty, staff, member of Leadership or Board of Regents except through the Issuing Officer named herein, or during the Bidders/Offerors’ conference (if any), or as defined in this RFP or as provided by existing work agreement(s). Prohibited communication includes all contact or interaction, including but not limited to mailto:Vickie.Dillon@kctcs.edu RFP-0307 4 of 14 telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. KCTCS reserves the right to reject the proposal of any Offeror violating this provision. 2.1.2. Submitting Questions All questions concerning this RFP must be submitted in writing via email to the Issuing Officer identified in Section 1.6 “Issuing Officer” of this RFP. No questions other than written will be accepted. No response other than written will be binding upon KCTCS. All Offerors must submit questions by the deadline identified in the Schedule of Events or Addenda for submitting questions. Offerors are cautioned that KCTCS may or may not elect to entertain late questions or questions submitted by any other method than as directed by this section. 2.1.3. Section Reserved 2.1.4. Oral Discussions Offerors should clearly understand that any verbal representations made or assumed to be made during any oral discussions held between representatives of potential offerors and any KCTCS employee are not binding on KCTCS. 2.1.5. Right to Request Additional Information Prior to contract award, KCTCS must be assured that the selected Offeror has all of the resources to successfully perform under the contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on-going needs of KCTCS, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If, during the evaluation process, KCTCS is unable to assure itself of the Offeror’s ability to perform, if awarded, KCTCS has the option of requesting from the Offeror any information deemed necessary to determine the Offeror’s responsibility. If such information is required, the Offeror will be so notified and will be permitted approximately seven business days to submit the information requested. 2.1.6. Failing to Comply with Submission Instructions Responses received after the identified due date and time or submitted by any other means than those expressly permitted by the RFP will not be considered. Offerors’ responses must be complete in all respects, as required in each section of this RFP. 2.1.7. Rejection of Proposals: Right to Waive Immaterial Deviation KCTCS reserves the right to reject any and all proposals and to waive technicalities and minor irregularities in proposals for good cause. Grounds for the rejection of a proposal include, but shall not be limited to: • Failure of a proposal to conform to the essential requirements of the solicitation. • A proposal imposing conditions which would modify the terms and conditions of the solicitation, or limit the Offeror's liability to KCTCS on the contract awarded on the basis of such solicitation. • Failure of the Offeror to sign the required documents. • Any proposal determined by KCTCS to be unreasonable as to price. • Proposals received that are determined to be from Offerors who are not qualified. Technicalities or minor irregularities in an Offeror's proposal may be waived, when KCTCS determines that it will be in the their best interest to do so, are mere matters of form not affecting the material substance of a proposal or some immaterial deviation from or variation in the precise requirements of this RFP and having no or a trivial or negligible effect on price, quality, quantity or delivery of supplies or performance of the services being procured, the correction or waiver of which will not affect the relative standing of, or be otherwise prejudicial to other Offerors. KCTCS may either give an Offeror an opportunity to cure any deficiency resulting from a technicality or minor irregularity in its proposal, or waive such deficiency where it is advantageous to KCTCS to do so. 2.1.8. Right to Amend and/or Cancel the RFP KCTCS reserves the right to amend this RFP prior to the end date and time. Addenda will be made in writing and publicly posted on the KCTCS and Bid Locker websites. Each Offeror is individually responsible for reviewing addenda RFP-0307 5 of 14 and any other posted documents and making any necessary or appropriate changes and/or additions to the Offeror’s response. All Offerors are encouraged to frequently check the KCTCS website for additional information. KCTCS reserves the right to request amendments or modifications after the specified receipt date if in the best interest of KCTCS. In the event it is necessary to revise any part of the Request for Proposal after initial mailing, the revision will be mailed to all who received the initial RFP or who have subsequently requested one. Receipt of an amendment to a solicitation by an Offeror must be acknowledged by signing and returning the amendment or by letter. Such acknowledgment must be received prior to the hour and date specified for receipt of offers. Any "addenda" issued by KCTCS Procurement to Payment Services prior to the time for receiving proposals shall be covered in the proposal and in closing a contract they shall become a part thereof. Such "Addenda" shall be acknowledged in the proposal. No instructions or changes shall be binding unless documented by a proper and duly issued Addendum. Offerors must acknowledge receipt of any addenda either with proposal or by separate letter prior to the award of contract. Finally, KCTCS reserves the right to cancel this RFP at any time if it is in the best interest of KCTCS to do so. 2.1.9. Explanations Unless it is demonstrated that an adequate response cannot be developed with the data provided in this RFP, KCTCS will not provide additional data based on request from individual respondents. Proposals should be based on the data contained in this RFP. If KCTCS decides to distribute additional information, it will be distributed to all offerors in accordance with paragraph 11.0 above. Any explanation desired by an Offeror regarding the meaning or interpretation of the solicitation, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach Offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective Offeror concerning the solicitation will be furnished to all prospective Offerors as an amendment of the solicitation if such information is necessary to Offerors in submitting offers on the solicitation or if the lack of such information would be prejudicial to uninformed offerors. KCTCS reserves the right to require verification or clarification of data and information presented in the Offeror's proposal. 2.1.10. Preparation & Costs for Preparing Proposals Offeror is expected to examine all specifications, terms, conditions, and instructions in this Request for Proposal. Failure to do so will be at the Offeror's risk. Offeror will furnish the information required by this RFP. The Offeror will sign the RFP and print or type name, firm, address, and telephone number and date. Erasures or other changes must be initialed by the person signing the offer. An offer signed by an agent is to be accompanied by evidence of his or her authority unless such evidence has been previously furnished to the issuing office. The signer shall further certify that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the principal offeror. The proposal should be prepared simply and economically, providing a straightforward concise description of the Offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Each copy of the proposal should be bound in single volume where practical. All documentation submitted with the proposal should be bound in the single volume except as otherwise specified. Any proposal containing terms and conditions not in conformity with Kentucky law may be rejected. Offerors should refrain from imposing conditions that would modify the terms and conditions of the solicitation or limit the Offeror’s liability to KCTCS on the contract awarded on the basis of such Invitation. Offeror shall include with their presentation all accompanying documentation, forms, etc. in which the Offeror would propose KCTCS to complete, agree, or sign in the event a contract is awarded from this solicitation to the Offeror. This includes enrollment documentation, authentication forms, etc. KCTCS reserves the right to reject any proposal based on this documentation, in the event it directly conflicts or is non- conforming with the laws of the Commonwealth of Kentucky and/or KCTCS Policies and Business Procedures. RFP-0307 6 of 14 Costs of developing the proposals are solely the responsibility of the Offeror. KCTCS will provide no reimbursement for such costs. 2.1.11. Public Access to Procurement Records The Contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. 2.1.12. Public Information & Disclosure KCTCS is a governmental entity subject to disclosure obligations under KRS 61.870 through 61.884 or successor legislation. Information clearly marked “confidential” under this agreement shall be treated as information identified by the Offeror as confidential, trade secret, commercially sensitive information and shall not be disclosed except as provided by law. The RFP specifies the format, required information and general content of proposals submitted in response to this RFP. KCTCS will not disclose any portions of the proposals prior to contract award to anyone outside of KCTCS Procurement to Payment Services, KCTCS Administrative staff, representatives of the State of Kentucky or Federal Government (if required) and the members of the committee evaluating the proposals. After a contract is awarded in whole or part, KCTCS 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 submitted proposal shall remain valid twelve (12) months after the proposal due date. KCTCS 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 rejection of this proposal will not affect this right. 2.1.13. Noncontingent Fees No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure the resulting contract, except bona fide employees of the Offeror or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For breach or violation of this provision, KCTCS shall have the right to reject the proposal, annul a resulting contract without liability, or, at its discretion, deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, contingent fee or other benefit. Offeror must disclose any conflict of interest regarding this solicitation. Undisclosed conflict of interest could result in rejection of proposal. 2.1.14. Authorization to Do Business in Kentucky Offeror affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded. Offeror shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this Contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. 2.1.15. Kentucky Reciprocal Preference Laws In accordance with KRS 45A.490 to 45 A.494, Kentucky Resident Bidder Status or Qualified Bidder Status, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident Offeror. In evaluation proposals, KCTCS will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror. RFP-0307 7 of 14 Residency and non-residency shall be defined in accordance with KRS 45A.494 (2) and 45A.494 (3), respectively. Any Offeror claiming Kentucky residency status must submit with its bid/proposal a notarized affidavit with support documentation affirming that it meets the criteria as set forth in the above referenced statute. An affidavit for Qualified Bidder Status forms is available from KCTCS Procurement to Payment Services, upon request. 2.1.16. Multiple Proposal Submissions Unless otherwise specified, Offerors are to only submit one version of their response based on the criteria outlined within this RFP. Not complying with this requirement will result in rejection of all Offeror submissions. KCTCS reserves the right to audit the offeror relative to its ability to perform the required services. 2.1.17. Events Beyond Control Anything herein to the contrary notwithstanding, KCTCs shall not be liable or responsible for any failure to furnish the services set forth in this RFP and the contract, occasioned by strike or other work stoppage, federal, state or local government action, breakdown or failure of apparatus, equipment or machinery employed in supplying services, any temporary stoppage for the repair, improvement, or enlargement thereof, or any act or condition beyond its reasonable control. 2.2. Submittal Instructions Listed below are key action items related to this RFP. The Schedule of Events in Section 1.5 identifies the dates and time for these key action items. This portion of the RFP provides instructions regarding the process for reviewing the RFP, preparing a response to the RFP and submitting a response to the RFP. 2.2.1. RFP Released The release of this RFP is formally communicated through the posting of this RFP on the KCTCS website, which is accessible online as follows: https://systemoffice.kctcs.edu/vendor_information/opportunities_to_bid/index.aspx . 2.2.2. RFP Review The RFP consists of the following: 3. This document, and 4. Any and all documents provided by KCTCS as attachments to the RFP or links contained within the RFP or its attached documents. Please carefully review all information contained in the RFP, including all documents available as attachments or available through links. Any difficulty accessing the RFP or opening provided links or documents should be reported immediately to the Issuing Officer (See Section 1.6). 2.2.3. Submitting the Response Offerors desiring to respond to this Request for Proposal should submit in one of the following manners: o By Electronic Submission: o One original file copy of proposal with all signatures and required pages included. o Kentucky Community and Technical College System: Secure Bid Submission - Bid Locker o NOTE: Do not embed links to documents inside of electronically submitted proposals. All documents must be included in full with proposal submitted. Do not send files via drop box or shared links for downloading. o Use commonly accepted software programs to create electronic files. KCTCS has the capability of viewing documents submitted in the following format: Microsoft Word, Microsoft Excel, portable document format file (PDF). o All proposal materials must be electronically submitted via Bid Locker platform by the opening deadline indicated in this RFP or addenda. No exceptions will be made for delayed submissions including technology issues. OR o By Mail Submission: https://systemoffice.kctcs.edu/vendor_information/opportunities_to_bid/index.aspx https://bidlocker.us/a/kctcs/BidLocker RFP-0307 8 of 14 o One original paper copy of proposal with signature page. o One (1) USB drive/Flash Drive of the written proposal. o All proposal materials must be sealed (clearly marked with RFP#) and mailed to the KCTCS Procurement to Payment Services, Kentucky Community and Technical College System, 300 North Main Street, Versailles, Kentucky 40383. Mail submissions must be received by KCTCS personnel by the opening deadline indicated in this RFP or addenda. No exceptions will be made for delayed mail services. OR o In Person Submission: o One original paper copy of proposal with signature page. o One (1) USB drive/Flash Drive of the written proposal. o All proposal materials must be sealed (clearly marked with RFP#) and delivered to the KCTCS Procurement to Payment Services, Kentucky Community and Technical College System, 300 North Main Street, Versailles, Kentucky 40383. Hand delivered submissions must be received by the opening deadline indicated in this RFP or addenda. No exceptions will be made for delayed arrival. Any proposal received after opening deadline indicated in this RFP or addenda will not be considered for an award of a contract. In accordance with KRS 45A.085, there will be no public opening. However, after contract award, the solicitation file will become a public record. No pre-proposal conference is planned. Proposals will not be accepted via facsimile or emailed. 3. General Business Requirements This section contains general business requirements. By submitting a response, the Offeror is certifying its agreement to comply with all of the identified requirements of this section and that all costs for complying with these general business requirements are included in the Offeror’s submitted pricing. 3.1. Standard Insurance Requirements – not applicable 3.3. Site Visits and Oral Presentations If applicable, KCTCS reserves the right to conduct site visits or to invite Offerors to present their proposal factors/solutions to the Evaluation Team. As part of the evaluation process, after a review of the written proposals, the Offerors who submit a proposal in response to this RFP may be selected and required to give an oral presentation via Microsoft Teams. All costs associated with the Offeror’s required oral presentation will be solely the responsibility of the respective Offeror. Promises and commitments made by Offerors during oral presentations and demonstrations will be considered a part of the Offeror’s proposal. 3.4. Travel Fees – not applicable 3.5. Additional Related Products or Services KCTCS reserves the right to add additional related services based on the original offer. Upon mutual consent of KCTCS and the Offeror on pricing, performance, etc., said additional services may be added to the contract. KCTCS reserves the right to remove services to the contract if it is in the best interest of KCTCS to do so. Any contract changes will be incorporated as a written modification to the contract. 4. Contract Terms and Conditions 4.1. Subsequent Contract The contract that KCTCS expects to award as a result of this RFP will be based upon the RFP, the selected Offeror’s Best and Final response as accepted by KCTCS and the contract terms and conditions. The “selected Offeror’s final response as accepted by KCTCS” shall mean: the Best and Final proposal submitted by the selected Offeror and any subsequent revisions to the selected Offeror’s proposal and the contract terms and conditions due to negotiations, written clarifications or changes made in accordance with the provisions of the RFP, and any other terms deemed necessary by KCTCS, except that no objection or RFP-0307 9 of 14 amendment by the Offeror to the RFP requirements or the contract terms and conditions shall be incorporated by reference into the contract unless KCTCS has explicitly accepted the Offeror’s objection or amendment in writing. The resulting contract will represent the entire agreement between the parties with respect to the subject matter thereof and will supersede all prior negotiations, representations or agreements, either written or oral, between the parties hereto relating to the subject matter hereof and shall be independent of and have no effect upon any other contracts. A record of formal contract negotiations between the contractual parties will be prepared by KCTCS and will become a permanent part of the contract file. KCTCS reserves the right to clarify any contractual relationship in writing with the concurrence of the Offeror, and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the Offeror's proposal. In all other matters not affected by the written clarification, if any, the RFP shall govern. Please review KCTCS’s contract terms and conditions prior to submitting a response to this RFP. Offerors should plan on the contract terms and conditions contained in this RFP being included in any award as a result of this RFP. Therefore, all costs associated with complying with these requirements should be included in any pricing quoted by the Offerors. 4.2. Contract Changes The contract, and any amendments thereto, awarded through this solicitation shall be managed by KCTCS and any modifications thereto must be mutually agreeable to both parties and executed in writing. Such modification or change of any provision in the resulting contract shall be made between the Offeror and KCTCS Procurement to Payment Services and incorporated as a written amendment to the KCTCS contract on KCTCS letterhead. Local modifications made between Offeror and individual KCTCS colleges shall not be construed as an amendment to the contract and shall not be considered binding. 4.3. Service Performance All services performed under this contract shall be in accordance with the terms and provisions of the contract. It will be the responsibility of KCTCS to ensure that such services rendered are performed and acceptable. Major deviations of services performed will not be made without the written approval of the Procurement to Payment Services Department, KCTCS. Problems that arise under any aspect of performance should first be resolved between the KCTCS Contract Owner/Subject Matter Expert and the Offeror. If such problems and/or disagreements cannot be so resolved they should be referred to the Director/Manager of Procurement to Payment Services, KCTCS for settlement by either party in writing. 4.4. Attorney Fees, Indemnification & Governing Law In the event that either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the University prevails, the selected Offeror agrees to pay all expenses of such action, including attorneys' fees and costs at all stages of litigation. The Offeror shall hold harmless and indemnify KCTCS against all claims, suits, actions, costs, counsel fees, expenses, damages, and judgment in decrees by reason of persons or property being damaged or injured by the Offeror during the term of the contract, whether by negligence or otherwise. The contract shall be construed according to the laws of the Commonwealth of Kentucky. Any legal proceedings against KCTCS regarding this RFP or any resultant contract shall be brought in Commonwealth of Kentucky administrative or judicial forums. 4.5. Security of Information The offeror certifies that he/she shall not at any time release or divulge any information concerning the services covered by this agreement to any person or any public or private organization without prior approval of KCTCS and the College. 4.6. Schedule of Implementation and Period of Performance Work will be requested as needed by Southcentral Kentucky Community & Technical College upon approval of the awarded personal service contract, from this RFP, by the Kentucky State Government Contract Review Committee. The successful offeror’s services may be considered at other KCTCS Colleges, upon mutual agreement of KCTCS and the offeror. 4.7. ADA Guidelines RFP-0307 10 of 14 When applicable (e.g. webpages) the Contractor’s products and services will be in compliance with current Americans with Disability Act (ADA) requirements including the applicable current ADA Standards for Acceptable Design, Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), Section 255 of the Communications Act, as amended and applicable regs. 4.8. Intellectual Property Ownership of the intellectual property generated for KCTCS by any contract resulting from this solicitation and paid for in accordance with the agreed upon fee schedule shall reside with KCTCS. Furthermore, KCTCS shall use any images, slogans or other concepts developed under the terms of the resulting contract without additional charge for royalties to the Offeror. Notwithstanding, however, that adjustments to existing pieces or new designs will be charged at the rates specified in the fee schedule of the contract. Any intellectual or commercial property rights created or obtained through performance of a contract with KCTCS shall belong to KCTCS. Neither offeror nor its officers, directors, agents, or employees shall have authority to apply for the ownership or registration of any intellectual or commercial property rights created or obtained through performance of services provided. Nor shall offeror, its officers, directors, agents, or employees use KCTCS intellectual or commercial property during the term of the agreement for any purpose other than providing the services and after the termination of the agreement for any purpose. 4.9. Contract Assignment Offeror is prohibited from assigning, transferring or subletting the contract or its rights, title or interest or its power to execute the contract to any other person, company or corporation without written approval of KCTCS Procurement to Payment Services. In the event of a change in company ownership, KCTCS reserves the right to re-advertise the contract. 4.10. Personal Information Security To the extent Contractor receives Personal Information as defined by and in accordance with Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931, 61.932 and 61.933 (the “Act”), Contractor shall secure and protect the Personal Information by, without limitation: (i) complying with all requirements applicable to non- affiliated third parties set forth in the Act; (ii) utilizing security and breach investigation procedures that are appropriate to the nature of the Personal Information disclosed, at least as stringent as KCTCS’ and reasonably designed to protect the Personal Information from unauthorized access, use, modification, disclosure, manipulation, or destruction; (iii) notifying KCTCS of a security breach relating to Personal Information in the possession of Contractor or its agents or subcontractors within seventy- two (72) hours of discovery of an actual or suspected breach unless the exception set forth in KRS 61.932(2)(b)2 applies and Contractor abides by the requirements set forth in that exception; (iv) cooperating with KCTCS in complying with the response, mitigation, correction, investigation, and notification requirements of the Act , (v) paying all costs of notification, investigation and mitigation in the event of a security breach of Personal Information suffered by Contractor; and (vi) at KCTCS’ discretion and direction, handling all administrative functions associated with notification, investigation and mitigation. The Offeror certifies that he/she shall not at any time release or divulge any information concerning the services covered by any contract award derived from the terms of this Request for Proposal to any person or any public or private organization without prior approval of KCTCS. 4.11. Data Protection/Transfer After Contract Conclusion The Offeror agrees that in the event of termination, cancellation or expiration of a contract resulting from this RFP, for any reason, Offeror shall either: Return or destroy, as notified by KCTCS, all Data (including sensitive data) provided to the Offeror by KCTCS. Offeror understands and agrees that in the event of a cancellation, termination, or completion of the contract without renewal, this data is to be made immediately available to KCTCS within forty eight (48) hours from the effective notice of cancellation, termination, etc. or any/all other circumstances in which this contract would conclude, and access will remain available to KCTCS for a minimum of at least 90 days thereafter. Such Data shall include, but is not limited to, all data provided to Offeror's employees, subcontractors, agents, or other affiliated persons or entities; or in the event that returning or destroying the Sensitive Data is not feasible, provide notification of the conditions that make return or destruction not feasible, in which case, the Offeror must continue to protect all Sensitive Data that it retains and agree to limit further uses and disclosures of such Data to those purposes that make the return or destruction not feasible as Offeror maintains such Data. 4.12. Subcontracting RFP-0307 11 of 14 No part of the operation may be subcontracted without prior approval of Kentucky Community and Technical College System, KCTCS Procurement to Payment Services, or unless approved prior to the award of the contract. 4.13. Cyber Security Offeror shall use commercially reasonable efforts (i) to keep its systems and networks secure (including, but not limited to its e- mail systems) and (ii) to prevent any hacking or data breaches thereof, or other activities that may compromise its systems or networks. Within two (2) business days of the date Offeror discovers or reasonably should have discovered that any of its systems and/or networks have been hacked, breached, or otherwise compromised, Offeror will (a) send KCTCS a written report via e-mail, describing the nature of such activities to permit KCTCS an opportunity to take any necessary preventive measures and (b) use commercially reasonable efforts to respond to the activities on an urgent basis to reduce, stop, or prevent any impact to KCTCS. KCTCS will not be liable for the activities of any third party who hacks, breaches, or compromises Offeror’s systems and/or networks, and Offeror understands and agrees that if KCTCS makes an errant payment due to the hacking, breach, or compromised system or network, KCTCS will not be required to re-issue the payment. 4.14. Payment Payment shall be made net 30 days upon receipt of goods and/or services and upon receiving an associated correct invoice with acceptable documentation of completed work. Offeror shall present an itemized invoice for the cost of services including adequate support documentation to Southcentral Kentucky Community and Technical College within ten (10) days of service by the 5th day of each calendar month for services rendered for the prior month. The Personal Service Contract (PSC) invoice form will be addressed in the actual PSC. 5. List of RFP Attachments The following documents make up this RFP. • This document 6. Proposal Instructions Offerors should follow proposal instructions below: • Proposals must address each of the requirements noted in this section to be considered for award. • Any missing information may result in rejection of proposal or lower ranking due to incomplete information provided. • Offerors should number or reference each requirement in the proposal explaining how the solution meets the specified requirement. • Narratives should provide a concise and complete description of capabilities. • If submission is by mail or in person, the proposal should be contained in a single volume (unbound) for scanning documentation for repository. Any accompanying USB drive must be clear of any viruses and contain a complete copy of the proposal documentation. • If submission is electronically through Bid Locker, the proposal should be submitted as one file unless otherwise requested within the criteria of this RFP. • Electronic files (submitted through Bid Locker or through USB) should not contain imbedded links for additional documentation. Full response should be included in the submitted proposal document. • Proposals should be kept to a maximum of 30 pages not including the following required pages: o Signature Page (Page 1) o Any associated addendum issued during the solicitation process. o References o Fees A complete proposal should consist of the following: A. Overview and Philosophy – Provide a general overview of the Offeror’s organization and experience as it relates to providing the requested services contained herein. Include a narrative history of the organization and explain the added value that your organization provides and distinguishes it from all others. B. References – Include no less than three (3) client references and their email contact information which may be contacted by KCTCS. References should include clients for services that are similar in scope, size, and complexity to the services requested within the RFP-0307 12 of 14 scope of work in this RFP. At least one reference should be an institute of Higher Education. Each reference should include the following: • Customer name and address; • Contact name with email address and phone number; • Time period in which work was performed; • Short description of work performed. C. Offerors should demonstrate their knowledge of Department of Transportation requirements for CDL physicals and drug testing. D. Implementation – Provide a detailed plan and schedule for the implementation of your solution upon successful award and contract. E. Staffing ▪ Provide a summary of the available staffing resources involved in the management of the solution, implementation, and continued management of the requirements of the proposal. ▪ Include training requirements for KCTCS personnel as well as requirements of KCTCS personnel to complete implementation if applicable. ▪ What is your firm’s methodology for working with KCTCS personnel to provide services? ▪ Provide information regarding the functions to be performed by staff on site and any planned contingency arrangements should one or more staff members assigned to KCTCS be unable to deliver as expected. F. Additional required information: • Location of principle office in the US that will be servicing KCTCS upon award. • Major claims or lawsuits, if any, pending against the Offeror’s firm or its principals that may impact delivery of this RFP request. • Evidence of Errors and Omissions insurance of at least $1 million in liability limit provided by a carrier acceptable to KCTCS. • Disclose any criminal investigation, indictment, prosecution or other proceeding that has ever been brought against your firm. • Describe any civil litigation pending or concluded within the last three (3) years against your firm that may impair the firm’s ability to provide the requested services. • Disclose any potential conflicts of interest with providing the requires services to KCTCS including any potential conflicts of interest of employees assigned to this project or involved in the preparation of the proposal. KCTCS reserves the right to disqualify a firm or cancel any contract for any potential conflict of interested raised initially and/or during the life of any contract awarded. G. Fees – on a separate page(s) please include the following: • Provide firm’s rate per physical exam and urine drug test per student/instructor. • Fees for any additional optional services/products not included in the base cost of solution. • List any annual escalation costs imposed on this solution. KCTCS reserves the right to request additional information, which will aid in the further evaluation of any Offeror’s capabilities to provide a successful or comprehensive solution and experience. Offerors should be prepared to provide financial statements (balance sheets, statements of income, statements of changes in financial positions) if requested by KCTCS. 7. Scope of Work Southcentral Kentucky Community & Technical College seeks a firm to provide students and instructors in the Commercial Driver’s License training program with Physical Exams and Urine Drug Testing, as specified by the regulations of the Kentucky Department of Transportation (DOT) and in accordance with Kentucky law, including the following services: • KCTCS requires the services of Kentucky licensed medical professionals (Medical Doctors, Assistants, Nurse Practitioners, or Chiropractors) to conduct physical examinations and urine drug tests in accordance with Department of Transportation CDL regulations. KCTCS estimates approximately 200 student physical examinations & drug tests per fiscal year and approximately 200 urine drug tests per fiscal year (100 students, 4 instructors). • Offeror must must schedule appointments within 5 business days of request and shall guarantee a wait time of no more than 1 hour for students in the CDL program. • Offeror shall guarantee results of testing to the college within five (5) working days. The offeror must be within 25 miles or less of Southcentral Kentucky Community and Technical College. RFP-0307 13 of 14 • Offeror shall forward copies of the results of the examination within five (5) working days. Copies of results shall be mailed to both the student and Southcentral Kentucky Community and Technical College. • The Offeror must have a certified official on staff whom who will regularly provide these services, be ordinarily engaged in the business of providing these services and have the required licenses, liability insurance, sufficient experience, financial and human resources to provide the services specified in this proposal. • The offeror must be certified to provide physical exams and drug testing according to the Federal Motor Carrier Safety Administration Registry (FMCSA). Licenses must remain active and in good standing for each program established under the resulting contract for as long as each respective program is operational. • The offeror must adhere to all provisions of KRS Chapter 165A and any other applicable provisions of Kentucky law. The Offeror may be required to submit licenses, license applications sufficient financial information, such as audited financial statements and Dunn & Bradstreet ratings, to allow KCTCS to evaluate the Offeror’s ability to meet the responsibilities of the contract. • Information provided must include persons to contact with addresses and phone numbers, the size of the institution/business served, and other pertinent information which would aid in the determination of an experienced Offeror. KCTCS reserves the right to request additional information to determine the responsibility of the apparent successful Offeror relative to its ability to comply with the terms and conditions of this Request for Proposal. 8. Evaluation The award of this contract will be made by KCTCS Procurement to Payment Services after evaluation by the committee selected solely for this purpose. Please prepare your proposal addressing each of the criteria listed in this RFP. Proposals will be evaluated using a ranking method to ascertain which proposer best meets the needs of KCTCS. The evaluations will be based on: 1. The proposal’s overall responsiveness in clearly stating an understanding of the work being requested and how these services will meet KCTCS’ desired results. This includes the approach for planning, design, and execution of the proposed solution. a. Section 7 2. Qualifications of the Offeror’s firm, staff, and resources responsible for the management of solution and implementation of the proposed services/products. a. Section 6.A, 6.C, 6.E and 6.F 3. References including Offeror’s experience and expertise in similar work in the marketplace (preferably within institutions of higher education similar in size and/or scope to KCTCS and its colleges). a. Section 6.B 4. Fees for proposed solution. a. Section 6.G 5. Additional Information as requested. a. Section 6.F 9. Supplier Registration If applicable and upon award, the AWARDED OFFEROR must register and/or update their information through the KCTCS Supplier Registration Portal so we may obtain your full contact information for ordering and payment. RFP-0307 14 of 14 Offeror Submission Checklist Offerors are strongly encouraged to complete this checklist prior to submitting their proposal to ensure their proposal contains all required information and documents. Failure to include items included in this checklist may result in the disqualification of a proposal and ineligibility for contract award. It is the responsibility of the Offeror to ensure all mandatory documents or information not included on this Checklist, but requested in the RFP, are submitted with the proposal. Please check off the items included in the proposal package. o The proposal includes authorized signature o Proof of authorization to do business in Kentucky, per section 2.1.14. Or proof of sole proprietorship. This will be required prior to an award of a price contract and personal service contract; o Are accurately addressed, per section 2.2.3; o Contain the required number of hard and electronic copies, per section 2.2.3; o This document; o Indicate the total number of acknowledged Addenda contained within (if applicable): ▪ Please circle ( 1 2 3 4 5 ) o Completed Substitute W-9 NOTE: Certificate of Insurance may be requested upon Notice of Award if performing services on campus.