Attachment A RFB 758 2100000432-2 - 02-19-2021.pdf

02-19-2021 – PLEASE SEE ADDENDUM #1

LOCATED AT THE END OF THIS DOCUMENT.

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation. A separate Bid Sheet is attached and must be included with the response. Bidders MUST enter $.01 in the Unit Price field as the electronic bid. This is the ONLY pricing that is to be entered electronically. All actual pricing must be on the Bid Sheet.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal.

The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

The following items MUST be submitted prior to award:

https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov

_____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 A)

_____EEO FORMS IF APPLICABLE (see Section 34)

ATTACHMENT A

Commonwealth of Kentucky Request for Bid (RFB)

For

RIBBONS, ROSETTES, AND BANNERS

RFB 758 2100000432

Issued by The Finance and Administration Cabinet

On Behalf Of Kentucky State Fair Board

Release Date: February 11, 2021 Vendors’ Written Questions Due: February 18, 2021 at 10:00 AM, ET

CLOSING DATE AND TIME: February 26, 2021 at 1:30 PM, ET

Commonwealth Buyer:

Keith Srutowski

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-7007 keith.srutowski@ky.gov

PUBLIC BID READINGS HAVE BEEN TEMPORARILY SUSPENDED

As Governor Andy Beshear has declared a state of emergency due to the public health emergency related to the COVID-19 disease, we are committed to providing a safe environment for our staff and visitors. Therefore, we have temporarily suspended public bid readings in the Office of Procurement Services (OPS).

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Participant Code 44510, at 3:30pm, EDT on the bid closing date.

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 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService respectively.

The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish a Master mailto:keith.srutowski@ky.gov http://eprocurement.ky.gov/

Agreement for: Ribbons, Rosettes, and Banners

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

The agency is seeking a Master Agreement for ribbons, rosettes, and banners.

Item #1 - Flat Ribbons 2.5 inch x 12 inch Made with a pointed top with event card eyeletted with metal eyelet, strung (knotted or looped) with cord to match ribbon color. Emblem(s) and printing of gold foil. Pinked bottom. Ribbons to be printed with either one or two emblems, place/premium, name of department and current year, Kentucky State Fair - Louisville or other text as needed for different events.

Estimated quantities needed for KY State Fair in August: 29,095

Item #2 - Badge Type Rosettes 1 3/4 inch x 3 inch Blue, two streamers. One row of flutes to measure approximately 3.5 inches across with a minimum of 18 pleats. White metal center approximately 2-1/4 inches in diameter with 1-1/4 inch numbers printed in blue in center. Safety pin hook to be attached to back.

Estimated quantity for the KY State Fair in August: 166

Item #3 - Rosettes 2.5 inch x 12 inch 2 Streamers 2.5 inch x 12 inch Rosette top constructed with 2 rows of flutes. Outside row approximately 5 inches across with a minimum of 40 pleats and the inside row approximately 4 inches across with a minimum of 33 pleats. Center button covered with ribbon material and printed with emblem. Printing of Gold foil. Gold cord hanger with tassels on back of rosette. One streamer to read: Kentucky State Fair 2021. Second Streamer to state name of award and other text as required for different events.

Estimated quantity for the KY State Fair in August: 1280

Item #4 - Rosettes 2 inch x 10 inch 2 Streamers 2 inches x 10 inches Rosette top approximately 5 inches across fashioned with nine loops. Center button covered with ribbon material and printed with emblem.

Printing of gold foil. Gold cord hanger with tassels on back of rosette. One streamer to read: Kentucky State Fair 2021. Second streamer to state name of award and other text as required for different events.

Estimated quantity for the KY State Fair in August: 656

Item #5 - Rosettes 2.5 inch x 12 inch, solid & gingham colors 2 Streamers 2.5 inches x 12 inches. Rosette top constructed with 2 rows of flutes.

Outside row approximately 5 inches across with a minimum of 40 pleats and the inside row approximately 4 inches across with a minimum of 33 pleats. Center button covered with ribbon material and printed with emblem. Printing of Gold foil. Gold cord hanger with tassels on back of rosette. Streamers and outside row of pleats to be of solid colored satin faced ribbon. Inside row of flutes to be of gingham ribbon. Solid colors required are red, white, and blue. Gingham colors required are red/white, black/white and blue/white. One streamer to read: Name of Event. Second Streamer to state name of award and other text as required for different events.

Estimated quantity for the KY State Fair in August: 136

Item #6 - Rosettes 2 inch x 12 inch 3 Streamers 2 inches x 12 inches. Rosette constructed with two rows of flutes. Outside row approximately 5 inches across with a minimum of 40 pleats. Inside row approximately 4 inches across with a minimum of 33 pleats. Printing of text and/or emblems on all three streamers of gold foil. Center button covered with ribbon material and printed with emblem. Gold cord hanger with tassels on back of rosette. Left streamer to read: Name of Event. Center Streamer to Read: 4H/FFA Youth Show with 4H and FFA Emblems. Right Streamer to state name of award and other text as required for different events.

Estimated quantity for the KY State Fair in August: 224

Please note:

Items 1, 3, 4, and 6 must be available in standard placement colors of blue, red, white, pink, yellow and green.

In addition items, 3, 4, and 6 must be available in gold, silver, bronze, royal, purple, lavender, orange and turquoise.

Approximately 30 of item 3 rosettes may be multiples of these colors.

Item #7 - Special Horse Show Rosettes 2 inch x 12 inch 3 Streamers 2 inches x 12 inches. Rosette top constructed with two rows of flutes.

Quarter Horse Regular Classes. Outside row to measure 5 inches across with a minimum of 25 pleats. Center button covered with ribbon material and printed with emblem. Bridle hook backs to be attached.

Estimated quantity for the KY State Fair in August: 1425

Item #8 - Rosettes 2.5 inch x 24 inch 3 Streamers 2.5 inches x 24 inches. Rosette top constructed with two rows of flutes.

Quarter Horse Halter and finals. Outside row approximately 6 inches across with a minimum of 65 pleats. Inside row approximately 4 inches across with a minimum of 45 pleats. Center button covered with ribbon material and printed emblem. Bridle hook backs to be attached.

Estimated quantity for the KY State Fair in August: 295

Item #9 - Rosettes 2.5 inch x 30 inch 3 Streamers 2.5 inches x 30 inches Gold Edge Trim. WCHS Championship Classes.

Plus fourth overlay streamer 8 inches with V cut - gold edge trim. Outside row to measure 7 inches across with a minimum of 75 pleats. Middle row to measure 5.5 inches across with a minimum of 55 pleats. Inside row to measure 4 inches across with a minimum of 45 pleats. Center button covered with ribbon material and printed with emblem. Bridle hook backs to be attached.

Estimated quantity for the KY State Fair in August: 630

Item #10 - Banners 9 inch x 12 inch Unlined satin with screened block style lettering approximately 3/4 inch high naming award, year and Kentucky State Fair and other text as required for different events.

Balance of copy to be gold block style letters. Approximately 1/2 inches high. Varnished cross bar top to be suspended by gold braid loops. Bottom of banner to be trimmed with 2 inch gold rayon fringe. Sides to be trimmed with gold colored braid. Gold cord and tassels suspended from bar.

Estimated quantity for the North American International Livestock Expo in November: 12

Item #11 - Banners 15 inch x 24 inch Wool felt with stitched lettering. Banner color royal, purple, gold. Approximately 2 banners will be lavender and gold. Block style letters. Approximately 2 inches high naming breed, year and Kentucky State Fair and other text as required for different events. Balance of copy to be gold block style letters 1-1/2 inches high. Varnished cross bar top to be suspended by gold cord and tassels. Bottom of banner to be trimmed with 2 inch gold rayon fringe. Sides to be trimmed with gold colored braid. End caps to be firmly attached to not fall off.

Estimated quantity for the KY State Fair in August: 218

Item #12 - Banners 18 inch x 30 inch Wool felt with stitched lettering. Banner color royal, purple, gold. Block style letters.

Approximately 2 inches high naming breed, year and Kentucky State Fair and other text as required for different events. Balance of copy to be gold block style letters 1-1/2" high. Varnished cross bar top to be suspended by gold cord and tassels. Bottom of banner to be trimmed with 2 inch gold rayon fringe. Sides to be trimmed with gold colored braid. End caps to be firmly attached to not fall off.

Estimated quantity needed for the KY State Fair in August: 83

Item #13 - Banners 18 inch x 24 inch Unlined satin with screened block style lettering approximately 1-1/2 inch high naming award, year and Kentucky State Fair and other text as required for different events.

Balance of copy to be block style letters approximately 1 inch high.

Estimated quantity for KY State Fair in August: 66

Item #14 - Set Up Charges for Banners

Item #15 - Exhibitor Number Cards 7.25 inch x 9.25 inch White Cardboard Rider Back Numbers for Horse Show with spring hook back (5 inch from top of number) for attaching to collar. Size: 7.25 inches x 9.25 inches with 5 inch numbers. 4H Horse Show green ink. WCHS black ink. Numbers to be printed bold with no white background showing through. These cards must be made of heavy cardboard and meet manager’s approval.

Estimated quantity for the KY State Fair in August: 2500

Item #16 - Exhibitor Number Cards 8 inch x 7 inch Cards to be made of heavy card stock. White front with black numbers and/or lettering.

Cards to be 8 inches high and 7 inches wide with approximately 5 inch high numerals.

Quarter Horse Show black ink. The order will consist of groups of consecutively numbered exhibitor cards varying in amounts needed.

Estimated quantity for KY State Fair in August: 2000

Estimated quantity for the NAILE in November: 9600

Item #17 - Exhibitor Number Cards 10 inch x 7 inch Cards to be made of heavy card stock. White front with black numbers and/or lettering.

The word WEIGHT is to be printed at top of each card. Cards to be 10 inches high x 7 inches wide.

Estimated quantity for NAILE in November: 12,560

Item #18 - Arm Band Numbers 6 inch x 4 inch Cards to be made of heavy white card stock with black numbers with an elastic band attached to slip over exhibitors arm. Cards to be 6 inches wide x 4 inches high. The order will consist of groups of consecutively numbered cards varying in amounts needed.

Estimated quantity for NAILE in November: 9200

Item #19 - Rosettes 1.5 inch x 9 inch 2 Streamers Rosette top constructed of two rows of flutes. Rosette top measures 4.75 inches across. Center button covered with ribbon material and printed with emblem.

Printing of gold foil. Gold cord hanger with tassels on back of rosette. Left streamer to read: Kentucky State Fair, current year and Country Ham Show. Right Streamer to state nature of award.

Estimated quantity for the KY State Fair in August: 12

Item #20 - Rosettes 2 inch x 24 inch 3 Streamers Rosette top constructed of three rows of flutes. Rosette top measures 6.75 inches across. Center button covered with ribbon material and printed with emblem.

Printing of gold foil. Gold cord hanger with tassels on back of rosette. Left streamer to read: Kentucky State Fair, current year and Country Ham Show. Right Streamer to state nature of award.

Estimated quantity for the KY State Fair in August: 24

Item #21 - Rosettes 2.5 inch x 24 inch with gold edge trim 3 Streamers 2.5 inch x 24 inch Rosette Gold Edge Trim Plus Fourth overlay streamer 6 inches with V cut Gold Edge Trim. Outside Row to measure 6 inches across with a minimum of 65 pleats. Middle Row to measure 5.5 inches across with a minimum of 55 pleats. Inside row to measure 4 inches across with a minimum of 45 pleats. Center button covered with ribbon material and printed with emblem. Bridle hook backs to be attached.

Estimated quantity for KY State Fair in August: 1235

Item #22 - Satin Banner 12 inch x 18 inch Estimated quantity for NAILE in November: 18

Item #23 - Rosettes 1.5 inch Fluted Satin Ribbon for NAILE Two rows of 1.5 inch fluted satin ribbon to provide a 5.5 inch diameter top with cloth covered buttons. Metal bezels and imprinted in gold with the North American International Livestock Expo logo. The rosette should have three 2 inch wide and 15 inch long imprint with gold lettering. Lettering and colors for each set of rosettes will be furnished with order.

Estimated quantity for NAILE in November: 1520

Item #24 - Double Eyelet Ribbons 3 inch x 12 inch for NAILE Double Style Ribbons with metal eyelet. Ribbons are to be 3 inches x 12 inches (top) and 3.5 inches x 12 inches (bottom) with a 15 inch gold tassel cord. Standard award colors for top ribbons (blue, red, white, pink) and the bottom ribbon should be light yellow. Ribbons are to be imprinted in metallic gold with the North American International Livestock Expo logo and specified text.

Estimated quantity for NAILE in November: 32,500

Item #25 - Copy Charges for NAILE Rosettes and Ribbons

Please note:

Pleats must match specifications. The number of pleats in the rosettes is important to the quality that the agency is looking for.

All items must be boxed with contents of box labeled. Each category item should be in its own box. All items should be packed to ensure arrival in peak condition and ready for presentation.

All items must be delivered by as requested by agency. Agency will give at least 60 days to complete an order. Agency will deduct 10% penalty from any invoice where the order was not delivered to KEC by due date.

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 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 from the date of award.

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 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

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

Kentucky State Fair Board

Extending the Contract Use to Other Agencies 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).

Section 12 Solicitation Submission Requirements Paper Bids 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 Delivery 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 ONLY.

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. DELIVERY (10 points)

Sixty (60) days, after receipt of order (ARO), is the required delivery time. If a vendor meets this requirement, he or she shall not receive any points. Points are only given to the vendors who can deliver sooner than the required sixty (60) days ARO. The bidder with the lowest amount of delivery days (calendar days) receives the maximum score. The bidder with the next lowest amount of delivery days receives points by dividing the lowest amount of delivery days by the next lowest amount of delivery days and multiplying that percentage by the available points. For example, 10 points is allocated to the lowest amount of delivery days criteria for this procurement, bidder “A” bids 10 calendar days as the lowest bidder and receives the maximum 10 points (10 / 10 = 1.00 x 10 = 10). Assume bidder “B” is the next lowest bidder at 20 calendar days, then “B” receives 5 points (10 / 20) = .5 x 10 = 5).

The vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the vendor’s invoice for each day the vendor fails to meet the contracted delivery date.

VENDOR’S BEST DELIVERY TIME IN CALENDAR DAYS ARO SHOULD BE

ENTERED ON THE BID SHEET.

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 Does not apply.

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 Does not apply.

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 10:00 AM, ET on 2-18-2021 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 EMAIL 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), concerning this procurement shall be addressed to:

Commonwealth Buyer Keith Srutowski

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-7007 keith.srutowski@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.

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 mailto:keith.srutowski@ky.gov 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.

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

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:

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

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:

to 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:

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

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.

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