Gateway Area Agency on Aging & Independent Living

Gateway Area Agency on Aging & Independent Living

Request for Proposal FY 2019-2021

VENDOR GENERAL INSTRUCTIONS

VENDOR SUBMISSION CHECKLIST

The vendor MUST include the following items in the appropriate submission packet as outlined below.

Technical Proposal

___SIGNED AND COMPLETED SOLICITATION AND/OR THE LATEST ADDENDUM, if applicable (Section 6.05 of this RFP)

___COMPLETE SECTION 4.52 – VIOLATION OF TAX AND EMPLOYEMENT LAWS

___ *TECHNICAL PROPOSAL SOLUTION (UNDER SEALED COVER) AND BY CLOSING DATE (Section 8.00 of this RFP)

___ TRANSMITTAL LETTER (Section 6.03 of this RFP)

___ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY) (Section 4.45 of this RFP)

___ SIGNED AND NOTARIZED REQUIRED AFFIDAVIT(S) (Section 6.03 of this RFP)

___ORIGINAL TECHNICAL PROPOSAL WITH FOUR (4) COPIES AS NOTED IN SECTION 6.02

Cost Proposal

___ *COST PROPOSAL SOLUTION (UNDER SEALED COVER) AND BY CLOSING DATE (Section 6.02 of this RFP)

*The Gateway Area Development District defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, )

VENDOR GENERAL INSTRUCTIONS

1. RFP ORGANIZATION

Sections 1-5 contain language specific to the services requested and the terms and conditions of the contract itself.

Sections 6-9 contain information on the rules of procurement, how to submit a proposal and what to include in submittal, and how submittals will be evaluated.

The RFP and any Addenda thereto shall become part of the Contract with the successful Contractor and shall be incorporated by reference into the Contract.

Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language.

2. SCHEDULE OF ACTIVITIES

The schedule listed below presents the major activities associated with the RFP distribution, written questions, and proposal submission. While there is no guaranteed date for the award of a contract, an anticipated date of award is also given. The Gateway Area Development District reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Release of RFP / March 28, 2018
Mandatory Offeror’s Conference 2:00 p.m. / April 4, 2018
Written Questions due by:4:00 p.m. / April 5, 2018
Anticipated GADD Responses to Written Questions / April 6, 2018
Proposals Due by: 4:00 p.m. / April 13, 2018
Anticipated Date of Award: / April 27, 2018
Anticipated Contract effective Date: / July 1, 2018

All bid/proposal deliveries shall be time stamped no later than the due date and time defined in this Solicitation. In person or courier delivered bids/proposals in response to this Solicitation should be delivered a minimum of thirty minutes to an hour earlier than the published closing time to allow for any electronic GPS navigational issues and delivery to the address listed on the Solicitation Title Page. Delays due to GPS navigational issuesshall not be justification for acceptance of a late bid. Vendor attention to this advisory is encouraged.

*NOTE: ALL TIME REFERENCES ARE EASTERN TIME ZONE

Offeror’s Conference

The Offeror’s Conference will be held at 2:00 p.m. at the Gateway Area Development District office on April 4, 2018. Attendance ismandatory. This will be the only opportunity to ask oral questions. The GADD shall not be bound by oral answers to the questions presented at the Conference or oral statements made at any other time by any member of the GADD’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 RFP section of the GADD website

3. ACCESS TO SOLICITATION AND ADDENDA

All questions must be submitted in writing to the Agency Contact listed as the Sole Point of Contact on the Title Page. Vendors are encouraged to submit written questions pursuant to the Schedule of RFP Activities stated above. Questions may be sent as an attachment to the e-mail if they are in Word format. Questions should be numbered without any column or tables. Oral questions will not be accepted at any time other than the Offeror’s conference. The final deadline for written questions is listed in the schedule above. No questions will be accepted after that date. The GADD will respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the RFP section of the GADD website

To view the solicitation, access the RFP section of the GADD website

Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

4. RFP TERMINOLOGY

For the purpose of this RFP, the following terms may be used interchangeably;

Proposer, Offeror, Contractor, Provider, Bidder, Applicant, Vendor, or Second Party

Contract Specialist, Contracting Agency, Buyer, Purchaser, First Party, Contract Officer, or GADD

RFP, Solicitation, or Procurement

Bid, Proposal, or Offer

Commonwealth of Kentucky, Commonwealth, or State

Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30

Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year.

5. INSTRUCTIONS AND TERMS FOR BID SUBMISSION

Please see Section 6 for bidding instructions along with the terms that must be adhered to in order for a bid to be accepted and evaluated for the award of a contract.

6. Award Notification

Vendors chosen for awards for this solicitation will be provided a notification of award from the GADD Executive Director. Unsuccessful vendors will be providedwritten notification of the results of an Award of Contract. To view the award of contract(s) and the contractor(s) receiving the award(s) for this solicitation, access the RFP section of the GADD website

Gateway Area Agency on Aging & Independent Living

Request for Proposal FY 2019-2021

Title Page

For

Request for Proposals

For

Fiscal Years

FY 2019 = July 1, 2018 – June 30, 2019

FY 2020 = July 1, 2019 – June 30, 2020

FY 2021 = July 1, 2020 – June 30, 2021

RFP Solicitation No: 19-07

Personal Care Attendant Program (PCAP)

Release Date: March 28, 2018

Issued by

Gateway Area Development District

Area Agency on Aging and Independent Living

SOLE POINT OF CONTACT

Becky Combs

Director of Aging Programs

GADD/AAAIL

110 Lake Park Drive

Morehead, KY 40351

Telephone: 855-882-5307

E-mail:

Table of Contents

SECTION 1─PURPOSE AND BACKGROUND

1.00─Purpose and Background

1.02─Acronyms

1.03─Definitions

1.04─Taxonomy of Services

SECTION 2─SCOPE OF WORK

2.00─Provider Responsibilities

2.01─Services Required

2.02─Deliverables

2.03─Reporting Requirements

2.04─Pricing and Payment Requirements

2.05-CHFS/DAIL & GADD/AAAIL Responsibilities

2.06─Monitoring Requirements – Federal and State

2.07─Performance and Evaluation

2.08─Related Documents and Materials Incorporated by Reference

2.09─Information Technology Requirements

2.10-FundingDeterminations

2.11-Protection of Personal Information Security and Breach Investigation Procedures and Practices Act

SECTION 3─FINANCE GENERAL TERMS AND CONDITIONS

3.00─Award of Contract and Contract Terms and Conditions

3.00.01─Beginning of Work

3.00.02─Contract Components and Order of Precedence

3.00.03─Term of Contract and Renewal Options

3.00.04─Changes and Modifications to the Contract

3.00.05─Notices

3.01─Personal Service Contract (PSC) Standard Terms and Conditions

3.01.01─Effective Date

3.01.02─Renewals

3.01.03─LRC Policies

3.01.04─Choice of Law and Forum

3.01.05─Cancellation

3.01.06─Funding Out Provision

3.01.07─Reduction in Contract Worker Hours

3.01.08─Authorized to do Business in Kentucky

3.01.09─Registration with the Secretary of State by a Foreign Entity

3.01.10─Invoices for fees

3.01.11─Travel expenses, if authorized

3.01.12─Other expenses, if authorized herein

3.01.13─Purchasing and specifications

3.01.14─Conflict-of-interest laws and principles

3.01.15─Campaign finance

3.01.16─Access to Records

3.01.17─Protest

3.01.18─Social security

3.01.19─Violation of tax and employment laws

3.01.20─Discrimination

3.02─Contract Components and Order of Precedence

3.03─Term of Contract and Renewal Options

3.04─Changes and Modifications to the Contract

3.07─Notices

3.08─Payment

3.09─Expenses

3.10─Advertising Award

3.11─No Required Use of Contract

3.12─Federal Funding Accountability and Transparency Act Compliance

3.13─Minimum Wage for the GADD’s Service Providers

SECTION 4─GADD STANDARD TERMS AND CONDITIONS

4.00─Attachment(s)

4.01─Contract Conformance

4.02─Advertising Award

4.03─No Required Use of Contract

4.04─Minority Recruitment, Hiring and Reporting Requirements

4.05─Assignment

4.06─Bankruptcy

4.07─Contractor Cooperation in Related Efforts

4.08─Headings

4.09─Severability

4.10─Indemnification

4.11─Sovereign Immunity

4.12─Force Majeure

4.13─Code of Ethics

4.14─Notices and Pamphlets

4.15─Service Delivery Requirements

4.16─Total Amount of Funds and Budget Revisions

4.17─Subcontractors

4.17.01─Responsibility for Subcontractor Contract Requirements

4.17.02─Subcontractor Monitoring Requirements

4.18─Indirect Cost

4.19─Financial Record Retention

4.20─Response/Compliance with Audit Findings

4.21─Equipment and Property

4.21.01─Property of CHFS

4.21.02─Property Control Ledger/Logs

4.21.03─Requirement of Inventory

4.22─Litigation Bond

4.23─Maintenance of Insurance

4.24─Research Project Approval and Institutional Review Board Requirements

4.25─Scientific Misconduct

4.26─Intellectual Property

4.27─Turnover Assistance

4.28─Licensure, Certification, and Registration

4.29─Permits, Licenses, Taxes, and Laws

4.30─Legal Proceedings

4.31─Certification Regarding Drug Free Workplace

4.32─Confidential Information

4.33─Confidentiality, Confidentiality Agreements and Limitations on Information and Data Use

4.34─HIPAA Confidentiality Compliance

4.35─No Grant of Employment or Agency

4.36─The Contract

4.37─Effective Date of Contract and Earliest Date of Payment

4.38─Contract Renewals

4.39─LRC Policies

4.40─Choice of Law and Forum

4.41─Cancellation

4.42─Funding Out Provision

4.43─Reduction in Contract Worker Hours

4.44─Authorized to do Business in Kentucky

4.45─Registration with the Secretary of State by a Foreign Entity

4.46─Purchasing and Specifications

4.47─Conflict-of-Interest Laws and Principles

4.48─Campaign Finance

4.49─Access to Records

4.50─Protest

4.51─Social Security

4.52─Violation of Tax and Employment Laws

4.53─Discrimination Prohibited (Because of Race, Religion, Color, National Origin, Sex, Sexual Orientation, Gender Identity, Age, or Disability)

4.54─Vendor Cooperation in Related Efforts

4.55─Notice

4.56─Obligation of Good Faith

4.57─Influence on Purchasing and Other Business Transactions

4.58─Service Delivery Requirements

4.59─Roles and Responsibilities for Proposed and Existing Staff

4.60─Terms and Conditions of Contract Payments

4.61─Travel and Travel Hourly Rate

4.62─Responsibility for Subcontractor Contract Requirements

4.63─Subcontractor Monitoring Requirements

4.64─Cost Principles, Requirements and Limitations

4.65─Requirements and Limitations on Indirect or Administrative Cost Requirements

4.66─Audit Requirements

4.67─Property of CHFS

4.68─Property Control Ledger/Logs

4.69─Requirement of Inventory

4.70─Provisions for Termination

4.71─Turnover Assistance

4.72─Remedies for Breach

4.73─Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, Lower Tier Covered Transactions

4.74─Certification of Lobbying Activities

SECTION 5─FEDERAL REQUIREMENTS

5.00─Certain Provisions Contained Within 2 CFR Part 200 Appendix II

5.00.01─Remedies for Breach

5.00.02─Provisions for Termination

5.00.03─Clean Air Act and Federal Water Pollution Control Act

5.00.04─Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, Lower Tier Covered Transactions

5.00.05─Certification of Lobbying Activities

5.01─Subrecipient Provisions

5.01.01─Federal Funding Accountability and Transparency Act Compliance

5.01.02─Audit Requirements

5.01.03─Response/Compliance with Audit Findings

5.01.04─Reporting Requirements

5.01.05─Indirect Cost

5.01.06─Cost Share or Matching

5.01.07─Additional information required under 2 CFR §200.331(a)(1)

5.02─Certification Regarding Responsibility Matters

SECTION 6─COMMUNICATIONS AND PROPOSAL SUBMISSION CRITERIA

6.00─Point of Contact

6.01─Questions Regarding this RFP

6.02─Proposal Submission

6.03─Format of Technical Proposal

6.04─Format of Cost Proposal

6.05─Required Solicitation Form

SECTION 7─PROCUREMENT PROCESS AND REQUIREMENTS

7.00─Rules of Procurement

7.01─Approach

7.02─Independent Price Determination

7.03─No Contingent Fees

7.04─Cancellation of This Solicitation

7.05─Cost of Preparing Proposal

7.06─EEO Requirements

7.07─Waiver of Minor Irregularities

7.08─Clarifications of Proposal

7.09─Best and Final Offers

7.10─Rules of Withdrawal of Proposals

7.11─Disposition of Proposals

7.12─GADD’s Right to Use Proposal Ideas

7.13─Confidentiality of Contract Terms

7.14─Prohibitions of Certain Conflicts of Interest

7.15─Sworn Statement Regarding Violations of Kentucky Revised Statutes

7.16─Open Records Law

7.17─Deviations to Provisions of the Solicitation

7.18─Vendor Response and Public Inspection

7.19─Reciprocal Preference for Resident Bidders and Preferences for a Qualified Bidder

SECTION 8─RFP EVALUATION CRITERIA and CONTRACT AWARD

8.00─Technical Evaluation Criteria

8.00.01─Organization Profile

8.00.02─Staffing and Personnel

8.00.03─Quality Assurance

8.00.04─Facilities and Operations

8.00.05─Reporting

8.01─Technical Scoring Criteria

8.02─Cost Evaluation Criteria

8.03─Cost Scoring Criteria

8.04─Contract Award Notification

SECTION 9─ORAL PRESENTATION AND/OR NEGOTIATIONS

9.00─Right to Use Oral Presentations to Verify/Expand on Proposal

9.01─Right to Reject Based on Oral Presentations

9.02─Oral Presentations Evaluation Criteria

9.03─Negotiation

9.04─Items to Be Negotiated

SECTION 10─ranking proposals and award of contract

10.00─Best Interest of the Commonwealth

10.01─Total Points Possible for Proposal

SECTION 11─ATTACHMENTS

Staffing Matrix

TRAINING PLAN SCHEUDULE

Anticipated FY 19 Funding

Fiscal Year 2017 Service Units

SECTION 1─PURPOSE AND BACKGROUND

1.00─Purpose and Background

The Gateway Area Development District Area Agency on Aging & Independent Living (Gateway ADD/AAAIL) will distribute service funds under the State Personal Care Attendant Program, pursuant to KRS 205.900 and 910 KAR 1:090. These funds are to provide Personal Care Attendant Services to mentally alert, severely physically disabled adults who are eighteen (18) years of age or older with permanent or temporary, recurring functional loss of two (2) or more limbs. This program would service the Gateway Area Development District, FIVCO Area Development District, Buffalo Trace Area Development District and portions of the Bluegrass Area Development District including the following 23 Kentucky counties:

Bath, Bourbon, Boyd, Bracken, Carter, Clark, Elliott, Estill, Fleming, Greenup, Harrison, Lawrence, Lewis, Madison, Mason, Menifee, Montgomery, Morgan, Nicholas, Powell, Robertson, Rowan and Scott Counties.

GADD is seeking proposals from Qualified Agencies, as defined in 910 KAR 1:090 and KRS 205.900 (4) to perform services provided pursuant to PCAP. The intent of the Personal Care Attendant Program is to provide severely physically disabled adults (at risk of institutional care) the opportunity to live within their own homes and communities. The physically disabled adult will be assisted in securing personal care attendant services.

Each provider awarded a contract to deliver services will be responsible for making available all allowable services outlined in this proposal to be delivered through the provider entity directly or through a subcontract approved by GADD in advance of delivering services.

The period in which services are to be performed is July 1, 2018 – June 30, 2019, with the option to extend the provision of services for two (2) additional one (1) year periods, contingent upon the availability of funding, satisfactory performance of services, compliance with the provisions of the awarded contract and mutual agreement by both parties. GADD reserves the right to extend the procurement period as necessary to ensure the continuous delivery of services for seniors in the region. The type of contract and payment method will be a firm fixed unit price. Payment is based on services authorized by GADD and delivered by the successful provider(s) or its subcontractor(s). All costs incurred prior to the date of the contract award are not allowable for reimbursement from GADD through this process.

1.02─Acronyms

1. "AAAIL" means the Area Agency on Independent Living which resides within the ADD.

1. “ADD” means Area Development Districtpursuant to KRS 147A.050, also referred toas "Agency"

1. "Aging and Disability Resource Center" or "ADRC" means a program which provides access to long-term care options by using a wide range of community resources.

1. “CHFS”or “Cabinet” means the Kentucky Cabinet for Health and Family Services

1. "DAIL" means the Department for Aging and Independent Living which shall serve as the state unit as designated by the Administration on Aging Services under the OlderAmericans Act (OAA) and shall have responsibility for administration of the federalcommunity support services, in-home services, meals, family and caregiver support services, elder rights and legal assistance, senior community services employment program, the state health insurance assistance program, state home and community based services including home care, Alzheimer's respite services and the personal care attendant program, certifications of adult day care and assisted living facilities, the state Council on Alzheimer's Disease and other related disorders, the Institute on Aging, and guardianship services. DAIL shall also administer the Long-Term Care Ombudsman Program (LTCOP) and the Medicaid Home and Community Based Waivers Consumer Directed Option (CDO) Program. DAIL shall serve as the information and assistance center for aging and disability services and administer multiple federal grants and other state initiatives. DAIL shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 pursuant to KRS194A.030 (13).

1. “GADD” means the Gateway Area Development District

1. "PCAP" per 910 KAR 1:090 Personal care assistance services, this administrativeregulation establishes Personal Care Attendant Program.

1. "RFP" means Request for Proposal.

1. "SAMS" means Social Assistance Management System, a Harmony product, currentlyused as the state data system.

1. "SOP" means Standard Operating Procedure.

1.03─Definitions

1. "Agency" means the ADD, an entity designated by the Commonwealth to administer, at the local level, the programs funded by the DAIL

1. "Back-up documentation" includes but is not limited to documents that include evidence of a financial transaction, such as debit/credit memos, invoices, receipts, orders, vouchers, account reports/ledgers, cancelled checks which shall be submitted with all invoices.

1. "Bonus" means additional compensation either monetary or otherwise provided to an employee at any given time above their established base rate of pay and is not reflected in the base rate of pay on an ongoing basis.

1. “Department” means the Department for Aging and Independent Living

1. "Disaster" means floods, tornadoes, earthquakes, droughts, extreme heat/cold, fires, chemical spill, power outages in excess of 10 hours, ice storm, severe thunderstorms, wind, or hail storms, contaminated water, pandemic flu, nuclear war, radioactive waste leaks, snow storm, public health emergency, terrorist attacks, accidents, or explosions which result in a halt or temporary discontinuation of services.

1. "District" means Area Development District pursuant to KRS 205.455(4).

1. "Evaluation"asusedin910KAR1:090(12).

1. "EvaluationTeam"meansathreememberteamcomposedofaprogramcoordinator and atleasttwoofthe following:OccupationalTherapist,PhysicalTherapist, RegisteredNurse,Director,orExecutivedirectoroftheQualifiedAgency,afiscalofficerofthequalifiedagency,amentalhealthprovider,anin-homeservicecoordinatororanotherentity involved in the PCAP participant's care (Defined by KRS 205.900(2)).

1. "Justification" means a written reason, fact, circumstance, or explanation that justifies or defends a change"

1. "ProgramCoordination"asusedin910KAR1:090(10).

1. "QualifiedAgency"or"Organization"asusedinKRS205.905to205.920meansanagencyororganizationwhosepurposeistoprovideservicestoseverelyphysically disabledadultstoenablethemtoliveasindependentlyaspossibleandamajorityof whosegoverningboardareconsumersoftheseservices.

1. "Subsidy"meansafinancialreimbursementpaidbythecabinettoanadultwhoqualifies toreceivepersonalcareassistanceservicesinaccordancewithKRS205.905.

1. "Waiting List" means a formal list of persons determined eligible, and not yet receiving services.

1.04─Taxonomy of Services

Offeror will be required to maintain the following provisions when providing services under the Personal Care Attendant Program (PCAP) in accordance with Kentucky Administrative Regulations 910 KAR 1:090.