ATTACHMENT A RFB 758 2000000481 02-28-2020.pdf

Revised Feb 21, 2020

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission.

If the items highlighted below are not submitted with the bid submission, the Commonwealth MUST deem the bid non-responsive and

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____FACE OF SOLICITATION – SIGNED (see Section 10)

_____BID INFORMATION – COMPLETED (see Section 12)

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 37)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY (see Section 39)

_____REQUIRED AFFIDAVIT(S) (see Attachment B)

_____EEO FORMS IF APPLICABLE (see Section 34)

Commonwealth of Kentucky Request for Bid (RFB)

For

LAWN CARE & SNOW REMOVAL - DOCJT

RFB 758 2000000481

Issued by The Finance and Administration Cabinet

On Behalf Of

DEPARTMENT OF CRIMINAL JUSTICE TRAINING

Release Date: February 28, 2020 Vendors’ Written Questions Due: March 9, 2020, 4:30 PM, ET

CLOSING DATE AND TIME: March 17, 2020, 1:30 PM, ET

Commonwealth Buyer:

Debbie Mathews, CPPB, KCPM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-8649

Fax: (502) 564-6013 Debbie.Mathews@ky.gov

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at http://eprocurement.ky.gov and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The vendor must comply with all applicable statutes, regulations and mailto:Debbie.Mathews@ky.gov http://eprocurement.ky.gov/ http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx policies related to this procurement.

Notice to vendors:

All bidders are cautioned to be aware of security in the Capitol Annex in Frankfort. In-person or courier delivered bids/proposals in response to a Commonwealth solicitation should be delivered a minimum of thirty (30) minutes to one (1) hour earlier than the published closing date and time to allow for a security check-in. Delays due to building security checks shall not be justification for acceptance of a late bid or proposal.

Vendor attention to this advisory is encouraged.

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish a Master Agreement for: Lawn Care & Snow Removal – DOCJT.

Section 2 Bid Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement)

Insurance Vendor shall keep in effect at all times the following insurance coverage:

1. Vendor’s general liability insurance in the amount of $1,000,000.

2. Kentucky Worker’s Compensation Insurance in accordance with the requirements of KRS

45A.480 and KRS Chapter 342.

Vendor must submit an ACCORD Certificate within 10 days of notice of award with the certificate holder listed as:

Department of Criminal Justice Training 4449 Kit Carson Drive Richmond, KY 40475

It shall be the contractor’s responsibility to maintain this insurance coverage at all times, failure to do so shall result in cancellation of contract.

Site Visit and Validation Form (Attachment D) – A site visit validation form is required from every bidder. Bidders are required to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtainable. In no event shall a failure to inspect the site constitute grounds for a claim after award of the contract.

Pricing information shall not be made known in any form to agency representatives during the site visit. Failure to comply with this requirement shall render the bid non-responsive.

After touring the facility, the vendor shall obtain the signature of the agency representative in the space provided at the bottom of the Site Validation Form and submit it with his/her bid to be considered for award. Failure to tour the facility and to obtain the required signature shall result in the disqualification of the bid response. It is the bidder’s responsibility to verify the actual square footage of the location. Vendors are not to ask questions during the site visit(s). Any questions are to be submitted in writing to the Commonwealth Buyer (SEE SECTION 36).

Potential bidders should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential bidders and any state employee or official are not binding on the Commonwealth of Kentucky.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the bid/proposal.

Contact Garl Lovings to arrange site visit (859) 200-6456. Site Visits are available Tuesday and Thursday between the hours of 1:00 and 3:00 pm, ET. If conditions are discovered during site visit that are considered undesirable or unacceptable by the bidder, the bidder is required to notify the buyer of record a minimum of five (5) working days before the bid closing date.

SCOPE OF WORK:

Lawn Care Service – as needed or otherwise requested by the DOCJT Facilities Section Supervisor Prior to mowing, all debris, tree limbs, leaves and trash shall be removed from all specified areas, vendor is responsible for haul off. Grass shall be cut to 2.5-3 inches.

String trimming / edging shall be performed with each mowing for all specified areas.

All walkways, parking lots and roadways shall be cleared of grass clippings following each mowing service. Grass clippings shall not be discharged in the direction of parked vehicles, buildings, generator or HVAC units. Areas must be mowed with well-maintained equipment to ensure a clean cut of grass without any tearing, scalping or rutting.

Areas for services to be provided include the following:

Sayre Building and McKinney Skills Range Building

All grass areas around the Sayre Building and Firing Range Building; ten (10) feet from side of Sayre Building, border of the existing road network to the Driving Track fence line and around the classroom building, street signs, light poles and training aids.

Stone Building

All grass areas around the Stone Building; corner of the Barn Building, around the

Pavilion, from the Driving Track Fence along the south campus perimeter fence, around the classroom building, street signs, light poles and training aids. The bush areas surrounding the building shall be cleared of leaves, trash, broken branches, etc.

Funderburk, Thompson Hall and Weber Building

All grass areas around the front, back and sides of the Funderburk Building, the Weber

Building and the Thompson Residence Hall; ten (10) feet from around the Thompson

Residence Hall parking lot, walkway to Stone Building, roadways leading to and from the Thompson Residence Hall parking lot, grass islands within the Thompson

Residence Hall parking lot, around the buildings, signs, light poles and training aids.

Application of weed control and fertilizer in the Spring and Fall, (twice annually) for main front lawns of the Funderburk Building, Thompson Residence hall Building and Weber

Building.

Service every two (2) weeks as needed unless otherwise requested by the DOCJT

Facilities Section Supervisor

Due to heavy weekday utilization of these facilities and for contractor safety, these services must be completed on Saturday or Sunday only, unless otherwise requested by the DOCJT Facilities Section Supervisor. Prior to mowing, all debris, tree limbs, leaves and trash shall be removed from all specified areas and vendor is responsible for haul off. Grass shall be cut to 2.5-3 inches. String trimming / edging shall be performed with each mowing for all specified areas. All walkways, shelter pads, parking lots and roadways shall be cleared of grass clippings following each mowing service. Grass clippings shall not be discharged in the direction of parked vehicles, buildings, generator or HVAC units. Areas must be mowed with well-maintained equipment to ensure a clean cut of grass without any tearing, scalping or rutting.

Areas for services to be provided include the following:

Boonesboro Firing Range

Located approximately 15 miles from the City of Richmond, in Northern Madison

County. Approximately nine (9) acres of relatively flat land divided by several grass safety berms, 3 buildings, concrete sidewalks and four (4) shelters, front gate area, approximately one (1) foot off the edge of the roadway leading from the main gate to the bottom of the hill and around classroom building, bathroom building, shelters, signs, front gate fence and training aids.

McKinney Skills Driving Track (Approximately 21 acres)

All grass areas within the fence line, around the classroom building, signs, light poles, training aids and beneath the entire length of the front fence line with the exception of the front side of the perimeter fence, spraying with and EPA approved herbicide along the base perimeter of the fence to eliminate grass, vines and tree saplings in the late spring and early fall (twice annually). Tree saplings, fallen limbs and vines shall be removed from all fence material at each service.

Funderburk Building / Weber Building Planting Beds:

In early to mid-April a planting plan for the planting beds in front of the Funderburk

Building and Funderburk parking lot must be submitted to the DOCJT Facilities Section

Supervisor for approval. Between May 1 and May 5 annually or as requested by the

DOCJT Facilities Section Supervisor, all planting beds in front of the Funderburk

Building, and in the Funderburk parking lot are to be freshly mulched and planted with long lasting flowers at vendor expense. These planting beds must be maintained weekly throughout the growing season and includes cleanup leaves, weeds, trash (vendor is responsible for haul off) trim bushes (vendor is responsible for haul off), water flowers, remove and replace dead or dying flowers as necessary, at vendor expense.

Two days prior to the annual Kentucky Law Enforcement Memorial (specific date to be determined by DOCJT Facilities Section Supervisor) all flowerbeds, grass areas and growing areas in the front areas of the Funderburk Building, Weber Building and

Thompson Residence Hall must be fully serviced, cleaned and prepared for this

Commonwealth wide event hosted at DOCJT to honor fallen officers.

All planted flowers must be removed from these flowerbeds on or about October 15 annually and the beds freshly mulched. The Weber Building Alley, approximately one hundred (100) feet long will have fresh mulch applied between May 1 and May 5 annually or as requested by the DOCJT Facilities Section Supervisor. This area must be maintained weekly throughout the growing season: Clean up leaves, weeds, trash, broken branches, trim bushes, vendor is responsible for haul off.

The Weber Building six (6) foot diameter flower ring must be freshly mulched and planted with long lasting flowers, at vendor expense, between May 1 and May 5 annually or as requested by the DOCJT Facilities Section Supervisor.

This area must be maintained weekly throughout the growing season and includes water flowers, remove and replace dead or dying plants as necessary (vendor is responsible for haul off), clean up leaves, weeds, trash, broken branches, trim bushes

(vendor is responsible for haul off), remove flowers and apply fresh mulch on or about

October 15 annually or as requested by the DOCJT Facilities Section Supervisor.

As requested by the DOCJT Facilities Section Supervisor the below additional services may be requested: Cleanup of leaves, downed limbs, additional mulching, trim bushes

(vendor is responsible for haul off) and other related services as needed

Snow/Ice Removal:

Snow / Ice Removal shall be performed in all specified areas at a snowfall of one (1) inch or more unless otherwise requested by the DOCJT Facilities Section Supervisor.

Snow / Ice Removal must be completed by 7:00 am EST so as not to interfere with scheduled training. Ice melt will be applied to roadways after snow removal is complete, at vendor expense. As requested by the DOCJT Facilities Section

Supervisor, the offeror shall apply the ice melt prior to forecasted icy conditions. Any repeated ice melt application during the same weather event must be approved by the

DOCJT Facilities Section Supervisor. Walkways and sidewalks at below specified buildings shall be cleared of snow and treated with ice melt.

Areas for services to be provided are as follows:

The Boonesboro Firing Range has approximately 0.5 miles of hard surface single lane roadway and several concrete walkways. Ice melt with calcium chloride, with a melting factor of 0-5 degrees Fahrenheit will be applied to roadways after snow removal is complete, at vendor expense.

The McKinney Skills Driving Track has approximately 1.2 miles of hard surface, double lane roadway and includes remove traffic cones from roadway surface prior to snow removal, both traffic lanes need to be cleared, front entrance gate area, center lane adjacent to vehicle parking lot, Ice melt with calcium chloride, with a melting factor of 0-5 degrees Fahrenheit will be applied to roadways after snow removal is complete, at vendor expense.

Sayre Building and McKinney Skills Range Building

Parking lot with 48 standard vehicle parking slots.

Stone Building

Parking lot with 36 standard parking slots in the back and side of building. The offeror must coordinate with the DOCJT Facilities Section Supervisor to have all training vehicles repositioned to permit clearing of parking lot.

Funderburk Building

Front lot has 154 standard vehicle parking slots. Back lots have 64 standard vehicle parking slots. The offeror will have to remove the snow from the front of vehicles parked in the parking lots overnight during the snow removal process.

Thompson Residence Hall and Weber Building

Thompson Residence Hall parking lot has 242 standard vehicle parking slots. The offeror will have to remove the snow from the front of vehicles parked in the parking lots overnight during the snow removal process. Availability of equipment and qualified staff to provide uninterrupted services required beginning 4-27-2020. In the event of equipment failure, vendor is expected to rent or otherwise acquire the necessary equipment to provide uninterrupted service as stated above

Correct invoices shall be submitted monthly (net 30)

Section 3 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year beginning April 27, 2020.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period.

The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/kar/200/005/330.htm>.

Section 10 Signing Solicitation The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

Section 11 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

Department of Criminal Justice Training (DOCJT)

The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other State agencies requiring the product(s) or service(s).

http://www.lrc.state.ky.us/kar/200/005/330.htm

Section 12 Solicitation Submission Requirements Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the bidder. Any response not under sealed cover shall be rejected.

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

BID CLERK

COMMONWEALTH OF KENTUCKY

OFFICE OF PROCUREMENT SERVICES

Capitol Annex

702 Capitol Avenue, Room 095

FRANKFORT KY 40601

The outside cover of the package containing the Bid Response, at a minimum, shall be marked with:

LAWN CARE & SNOW REMOVAL - DOCJT

RFB 758 2000000481

NAME OF VENDOR SUBMITTING RESPONSE

DATE AND TIME OF BID OPENING

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFB and shall be considered non-responsive.

Section 13 Method of Award Best Value – Ranking Approach The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Price 90 Points Years of Experience 10 Points

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor. VENDOR SHALL ENTER UNIT PRICE AND TOTAL PRICE ON THE BID SHEET. If adequate space is not available, the vendor must attach additional information that clearly cross-references the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.).

A bidder shall submit one (1) response to a solicitation and shall not propose more than one (1) model/brand for each item listed in the solicitation, except for requested tier pricing. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Vendors responding with the minimum Best Value requirements in this solicitation shall not be credited with Best Value points. Vendors responding with greater than the minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

A. PRICE (90 points)

The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 90 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 90 points ($3.00 / $3.00 =

1.00 x 90 = 90). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 67.5 points ($3.00 / $4.00) = .75 x 90 = 67.5).

B. EXPERIENCE (10 points)

The bidder shall clearly state the number of years of experience in lawn care and snow removal for this procurement.

Vendor should enter number of years’ experience: ______________ years

Experience should only include experience within the United States.

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries

(KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200

KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Annual Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries

(KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 12 months may be found non-responsible and ineligible for award.

Section 14 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 15 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services.

Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B: Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

C: Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above.

Section 16 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of

Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 17 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 18 Equipment Not applicable to this solicitation.

Section 19 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 20 Manuals and Distribution of Literature Not applicable to this solicitation.

Section 21 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services.

Section 22 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 23 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Office of Procurement Services canceling the contract.

Section 24 Exception to Required Use of Contract The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 25 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent contractor. No agent, employee, or servant of the contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract.

Major deviations of services performed will not be made without the written approval of the Office of Procurement Services. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement.

Section 26 Addition or Deletion of Items or Services The Office of Procurement Services reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The Office of Procurement Services to effect this change will issue a contract Modification.

Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

Section 27 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this solicitation. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the Office of Procurement Services.

Purchase or Sales Agreements, supplied by the bidder making an offer, in reply to the solicitation, will not be accepted. The only terms and conditions acceptable to the Commonwealth of Kentucky are as outlined in the solicitation. Bids not conforming will be considered as non-responsive.

Section 28 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the Office of Procurement Services in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 29 Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

Section 30 Inspection All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Section 31 Inquiries All questions shall be submitted in writing by MARCH 9, 2020, 4:30 PM, ET to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The

Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

(SUBMIT QUESTIONS VIA E-MAIL TO THE COMMONWEALTH BUYER)

Sole Point of Contact – Commonwealth Buyer The Commonwealth Buyer listed below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail, or fax), concerning this procurement shall be addressed to:

Commonwealth Buyer Debbie Mathews, CPPB, KCPM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-8649 Fax: (502) 564-6013

Email: Debbie.Mathews@ky.gov

Restrictions on Communications From the issue date of this solicitation until a contractor(s) is selected and the selection is announced, offerors are not allowed to communicate with any Commonwealth Staff concerning this solicitation except:

The Commonwealth Buyer cited in this solicitation

Via written questions submitted to the Commonwealth Buyer

Potential bidders should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential bidders and any state employee or official are not binding on the Commonwealth of Kentucky.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the bid/proposal.

Section 32 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

mailto:Debbie.Mathews@ky.gov

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Section 33 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the Office of Procurement Services shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”.

After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the Office of Procurement Services. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Contract With Other Than Manufacturer: If successful bidder is other than the manufacturer, the Office of Procurement Services will furnish a Tax Exemption Certificate with each individual order issued against this contract. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Section 34 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

Section 35 Governing Law This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

Section 36 Protest Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

HOLLY M. JOHNSON, SECRETARY

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

Section 37 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at this web-link as Attachment 5:

In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes: “Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”

Section 38 Access to Records The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, 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 agreement for the purpose of financial audit or program review. 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. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

Section 39 Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010:

obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47674.

Businesses can register with the Secretary of State at:

https://sos.ky.gov/bus/business-filings/Forms/Pages/default.aspx

Section 40 Accessibility Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

Section 41 Funding Limitations If any or all responses received exceed the amount of funding available, then the Finance and Administration Cabinet, Office of Procurement Services, reserves the right to cancel this RFB.

Section 42 Provisions for Termination of the Contract Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

Section 43 Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47674 https://sos.ky.gov/bus/business-filings/Forms/Pages/default.aspx required to complete and submit Report of Prior Violations of Tax and Employment Laws.

Section 44 Discrimination (Effective April 8, 2015) Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations.