Attachment A RFB 758 2100000497 - 03-15-2021.pdf

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An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time.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:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 37) https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov

_____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 KSB and KSD Cleaning and Sanitizing for In-Person Classes

RFB 758 2100000497

Issued by The Finance and Administration Cabinet

On Behalf Of Kentucky Department of Education

Release Date: March 15, 2021 Vendors’ Written Questions Due: March 22, 2021 at 10:00 AM, ET

CLOSING DATE AND TIME: March 29, 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 mailto: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 by line item. Vendors shall bid one (1) or more line items.

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://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx 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 Agreement for: Kentucky School for the Blind and Kentucky School for the Deaf

Cleaning and Sanitizing for In-Person Classes http://eprocurement.ky.gov/ https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

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

Section 2.1 General Specifications and Information

The Kentucky Department of Education is looking for cleaning and sanitizing services for in-person classes at the Kentucky School for the Blind and the Kentucky School for the Deaf, specifically to fight the spread of COVID-19. Bidders may submit bids for just the Kentucky School for the Blind, just the Kentucky School for the Deaf, or for both schools.

The dates of service shall be from May 1, 2021 until July 1, 2021. Service will resume on August 1, 2021 and continue through July 1, 2022. Service will be Monday through Friday with no service on weekends. There will be no service on the following holidays:

Memorial Day – May 24, 2021

Labor Day – September 6, 2021

Veterans Day – November 11, 2021

Thanksgiving Day – November 25, 2021

Day after Thanksgiving – November 26, 2021

Christmas Eve – December 24, 2021

New Year’s Eve – December 31, 2021

Martin Luther King Day – January 17, 2022

Memorial Day – May 23, 2022 Based on this schedule, there will be 275 total days of service.

All pricing shall be submitted as a price per day. Bidders who wish to bid on the Kentucky School for the Blind shall submit their pricing on Attachment D. Bidders who wish to bid on the Kentucky School for the Deaf shall submit their pricing on Attachment E.

The schools are willing to provide storage space for the successful contractor’s equipment and supplies if needed. The schools will provide trash can liners and will provide adequate trash disposal facilities. They will also provide access to any water and electricity needed.

Vendors shall submit invoices on a monthly basis, Net 30, for services completed the previous month.

The successful contractor will be granted access badges for the facilities to allow access during the times the work is to be performed. While on any school property the contractor must follow all COVID-19 safety guidelines including wearing masks, using hand sanitizer, and maintaining social distancing whenever possible. Additional information on COVID-19 safety measures can be found at the following link:

https://govstatus.egov.com/kycovid19 . Vendors may be screened for a temperature check prior to entry to the facilities and may be asked to complete a brief medical questionnaire.

https://govstatus.egov.com/kycovid19

Section 2.2 Site Visits

Bidders must perform a site visit of the schools they wish to bid on. Site Visit forms for both schools are included as Attachment F. A Site Visit form for the applicable school must be included in your bid submission for your bid to be considered responsive for that school.

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.

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 31).

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.

To arrange a site visit at the Kentucky School for the Blind, potential bidders may contact the following individuals:

John Aaron – john.aaron@ksb.kyschools.us – 502-987-1583 ext. 9207 (office) or 502-797-1655 (mobile)

Brian Gordon – brian.gordon@ksb.kyschools.us – 502-897-1583

To arrange a site visit at the Kentucky School for the Deaf, potential bidders may contact the following individuals:

Rick Westerfield – rick.westerfield@ksd.kyschools.us – 859-239-7017 (office) or 859-583-3581 (mobile)

Tara Reynolds – tara.reynolds@ksd.kyschools.us – 859-239-7017

Site Visits are available March 15, 16, 17, 18, and 19 between the hours of 9:00 AM 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.

mailto:john.aaron@ksb.kyschools.us mailto:brian.gordon@ksb.kyschools.us mailto:rick.westerfield@ksd.kyschools.us mailto:tara.reynolds@ksd.kyschools.us

While on any school property the contractor must follow all COVID-19 safety guidelines including wearing masks, using hand sanitizer, and maintaining social distancing whenever possible. Additional information on COVID-19 safety measures can be found at the following link: https://govstatus.egov.com/kycovid19 . Vendors may be screened for a temperature check prior to entry to the facilities and may be asked to complete a brief medical questionnaire.

Section 2.3 Specific Activities

The specific activities to be performed by the awarded vendor(s) are detailed in the sections below for each of the specific schools. The specific tasks detailed are intended to prevent the spread of COVID-19. Bidders should be familiar with the latest guidelines for the prevention of COVID-19 and ensure all cleaning chemicals used and activities performed comply with these guidelines. However, it is acknowledged that the awarded contractor is not required to be an Industrial Hygienist. The successful bidder must ensure all necessary safety precautions are taken with the use of all chemicals and disinfectants.

The schools shall perform a daily check of the vendor’s work. The vendor shall be informed of any substandard work and the vendor shall be required to correct such work.

Any activities not detailed below are not required and should not be included as part of the bid. Activities NOT included would be standard janitorial tasks such as dusting, refilling soap dispensers, and restocking paper products. The cleaning and disinfecting of restroom fixtures is intended as wiping down and disinfecting all surfaces and not full cleaning of toilets, etc.

Kentucky School for the Blind

The school is located at 1867 Frankfort Avenue, Louisville, KY 40206. There are four buildings included in this project:

Lydia Scoggan Classroom building

Helen K. McDaniel Classroom building

Will D. Evans Dormitory

L.P. Howser Dormitory

Nightly cleaning and disinfecting will take place at the Scoggan’s and McDaniel’s classroom building from 04:00PM to 09:00PM. Daily cleaning and disinfecting will take place at L.P. Howser Dormitory and Will D. Evans Dormitory from 08:00 AM to 03:00PM. The school may also request emergency disinfection and cleaning when needed.

Lydia Scoggan Classroom building activities:

Classroom cleaning and disinfecting – 14 rooms of 575 square feet for total square footage of 8,050 o Clean and disinfect teacher and student desks o Disinfect door handles and light switches https://govstatus.egov.com/kycovid19 o Sweep and mop floors o Empty trash cans

Restroom cleaning and disinfecting – 7 rooms of 170 square feet for total square footage of 1,190 o Clean and disinfect restroom fixtures o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Hallway cleaning and disinfecting – 2 hallways of 2,487 square feet for total square footage of 4,974 o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Office cleaning and disinfecting – 6 rooms of 300 square feet for total square footage of 1,800 o Clean and disinfect desks o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Teacher work room – 1 room of 575 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Lobby – 1 room of 600 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Sensory room – 1 room of 900 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Practical Living lab – 1 room of 1,320 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Physical therapy – 1 room of 2,112 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Walk ways – 2 walk ways of 495 square feet for total square footage of 990

Helen K. McDaniel Classroom building activities:

Classroom cleaning and disinfecting – 10 rooms of 600 square feet for total square footage of 6,000 o Clean and disinfect teacher and student desks o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Library cleaning and disinfecting – 1 library at 4,992 square feet o Clean and disinfect teacher and student desks o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Restroom cleaning and disinfecting – 8 rooms of 160 square feet for total square footage of 960 o Clean and disinfect restroom fixtures o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Hallway cleaning and disinfecting – 2 hallways of 1,548 square feet for total square footage of 3,096 o Disinfect door handles and light switches o Sweep and mop floors

Office cleaning and disinfecting – 8 rooms of 180 square feet for total square footage of 1,440 o Clean and disinfect desks o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Kitchen area – 1 room of 575 square feet o Clean and disinfect furniture o Disinfect door handles and light switches

Will D. Evans Dormitory activities:

Dorm room cleaning and disinfecting – 28 rooms of 255 square feet for total square footage of 7,140 o Disinfect student desks, bed frames, and end tables o Disinfect door handles, closet doors, and light switches

Living room cleaning and disinfecting – 8 rooms of 240 square feet for total square footage of 1,920 o Disinfect furniture o Disinfect door handles and light switches

Kitchen area cleaning and disinfecting – 8 rooms of 240 square feet for total square footage of 1,920 o Disinfect furniture

Restroom cleaning and disinfecting – 12 rooms of 120 square feet for total square footage of 1,440 o Disinfect restroom fixtures o Disinfect door handles and light switches

Hallway cleaning and disinfecting – 1 hallway of 784 square feet o Disinfect door handles and light switches

Office cleaning and disinfecting – 12 rooms of 210 square feet for total square footage of 2,520 o Disinfect desks o Disinfect door handles and light switches

Lobby – 1 room of 1,800 square feet

L.P. Howser Dormitory activities:

Dorm room cleaning and disinfecting – 19 rooms of 280 square feet for total square footage of 5,320 o Disinfect student desks, bed frames, and end tables o Disinfect door handles, closet doors, and light switches

Dorm room restroom cleaning and disinfecting – 18 rooms of 64 square feet for total square footage of 1,152 o Disinfect restroom fixtures o Disinfect door handles and light switches

Restroom cleaning and disinfecting – 8 rooms of 70 square feet for total square footage of 560 o Disinfect restroom fixtures o Disinfect door handles and light switches

Living room cleaning and disinfecting – 6 rooms of 210 square feet for total square footage of 1,260 o Disinfect furniture o Disinfect door handles and light switches

Kitchen area cleaning and disinfecting – 6 rooms of 320 square feet for total square footage of 1,920 o Disinfect furniture o Disinfect door handles and light switches

Dorm hallway cleaning and disinfecting – 4 hallways of 272 square feet for total square footage of 1,088 o Disinfect door handles and light switches

Dorm hallway cleaning and disinfecting – 2 hallways of 804 square feet for total square footage of 1,608 o Disinfect door handles and light switches

Office cleaning and disinfecting – 6 rooms of 152 square feet for total square footage of 912 o Disinfect desks o Disinfect door handles and light switches

Multipurpose room cleaning and disinfecting – 2 rooms of 1,800 square feet for total square footage of 3,600

Shower rooms – 2 rooms of 220 square feet for total square footage of 440 o Disinfect restroom fixtures o Disinfect door handles and light switches

Work out area – 1 room of 250 square feet o Disinfect exercise machines

Kentucky School for the Deaf

The school is located at 303 South 2nd Street, Danville, KY 40422. There are four buildings included in this project:

Kerr Hall MS/HS Classroom building

Marshall Elementary Classroom building

Middleton Dormitory

Brady Hall Dormitory

Nightly cleaning and disinfecting at Marshall Elementary and Kerr Hall MS/HS classroom buildings will take place from 04:00PM to 09:00PM. Daily cleaning and disinfecting of Middleton Dormitory and Brady Hall dormitory will take place from 08:00 AM to 03:00PM. The school may also request emergency disinfection and cleaning when needed.

Kerr Hall MS/HS Classroom building activities:

Classroom cleaning and disinfecting – 18 rooms of 483 square feet for total square footage of 8,694 o Clean and disinfect teacher and student desks o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Restroom cleaning and disinfecting – 4 rooms of 375 square feet for total square footage of 1,500 o Clean and disinfect restroom fixtures o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Hallway cleaning and disinfecting – 6 hallways of 490 square feet for total square footage of 2,940 o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Office cleaning and disinfecting – 9 rooms of 180 square feet for total square footage of 1,620 o Clean and disinfect desks o Disinfect door handles and light switches

Teacher work room and computer rooms – 3 rooms of 180 square feet for total square footage of 540 o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Lobby and multipurpose rooms – 1 room of 385 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Lobby and multipurpose rooms – 2 rooms of 1,680 square feet for total square footage of 3,360 o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Upstairs open area – 1 are of 2,205 square feet o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Practical Living lab – included above o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Physical therapy – 2 rooms of 180 square feet for total square footage of 360 o Clean and disinfect furniture o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Library – 1 room of 3,344 square feet

Marshall Elementary Classroom building activities:

Classroom cleaning and disinfecting – 9 rooms of 468 square feet for total square footage of 4,212 o Clean and disinfect teacher and student desks o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Multipurpose room cleaning and disinfecting – 1 room of 2,058 square feet o Clean and disinfect teacher and student desks o Disinfect door handles and light switches

Restroom cleaning and disinfecting – 3 rooms of 275 square feet for total square footage of 825 o Clean and disinfect restroom fixtures o Disinfect door handles and light switches o Sweep and mop floors o Empty trash cans

Hallway cleaning and disinfecting – 1 hallway of 1,342 square feet o Disinfect door handles and light switches o Sweep and mop floors

Hallway cleaning and disinfecting – 1 hallway of 570 square feet o Disinfect door handles and light switches o Sweep and mop floors

Office cleaning and disinfecting and infirmary – 4 rooms of 175 square feet and 4 rooms of 72 square feet and 1 room of 312 square feet for total square footage of 1,300 o Clean and disinfect desks o Disinfect door handles and light switches o Sweep floors o Empty trash cans

Boys and girls dorm rooms (includes restrooms and showers and dorm offices) – 2 rooms of 1,426 square feet for total square footage of 2,852 o Clean and disinfect furniture o Disinfect door handles and light switches

Middleton Dormitory activities:

Dorm room cleaning and disinfecting – 15 rooms of 490 square feet for total square footage of 7,350 o Disinfect student desks, bed frames, and end tables o Disinfect door handles, closet doors, and light switches

Living room cleaning and disinfecting – included above o Disinfect furniture o Disinfect door handles and light switches

Kitchen area cleaning and disinfecting – included above o Disinfect furniture o Disinfect door handles and light switches

Kitchen area cleaning and disinfecting – additional 2 rooms of 90 square feet for total square footage of 180 o Disinfect furniture o Disinfect door handles and light switches

Restroom cleaning and disinfecting – included above o Disinfect restroom fixtures o Disinfect door handles and light switches

Hallway cleaning and disinfecting – 2 hallways of 327 and 2 hallways of 241 square feet for total square footage of 1,136

Office cleaning and disinfecting – 2 rooms of 490 square feet for total square footage of 980 o Disinfect desks o Disinfect door handles and light switches

Lobby – 2 rooms of 700 square feet for total square footage of 1,400 o Disinfect furniture o Disinfect door handles and light switches

Recreation room and computer room – 1 room at 1,576 square feet and 1 room at 648 square feet for total square footage of 2,224

Brady Hall Dormitory activities:

Dorm room cleaning and disinfecting – 6 rooms of 1,172 square feet for total square footage of 7,032 o Disinfect student desks, bed frames, and end tables o Disinfect door handles, closet doors, and light switches

Dorm room restroom cleaning and disinfecting – included above o Disinfect restroom fixtures o Disinfect door handles and light switches

Restroom cleaning and disinfecting – 2 rooms of 180 square feet for total square footage of 360 o Disinfect restroom fixtures o Disinfect door handles and light switches

Living room cleaning and disinfecting – included above o Disinfect furniture o Disinfect door handles and light switches

Kitchen area cleaning and disinfecting – included above o Disinfect furniture o Disinfect door handles and light switches

Dorm hallway cleaning and disinfecting – included above o Disinfect door handles and light switches

Dorm hallway cleaning and disinfecting – 1 hallway of 1,350 square feet o Disinfect door handles and light switches

Office cleaning and disinfecting – 2 rooms of 340 square feet for total square footage of 680 o Disinfect desks o Disinfect door handles and light switches

Multipurpose room cleaning and disinfecting – included above o Disinfect furniture o Disinfect door handles and light switches

Shower rooms – included above o Disinfect restroom fixtures o Disinfect door handles and light switches

Work out area – 1 room of 735 square feet

Thomas Gym teachers room – 1 room of 1,175 square feet

Section 2.4 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:

The Kentucky School for the Blind 1867 Frankfort Avenue Louisville, KY 40206 Or The Kentucky School for the Deaf 303 South 2nd Street Danville, KY 40422

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.

Section 2.5 Background/Drug Testing:

Upon request, vendor’s staff providing services in a KSB/KSD facility must pass and/or meet the following:

1. Drug Test: If requested must pass a drug test within 30 days of request. Drug test must include a minimum 10 panel drug test that includes a least Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates, Phencyclidine, and Propoxyphene.

2. Criminal Background Screening: Minimum level background check can be requested at any time during the contract of any employee working for the vendor. Required is social security number validation, state and county criminal back ground check and national database search including sexual offender database for the last 10 years or back to age 18 where legally permissible.

3. Background/Drug Testing is the financial responsibility of the vendor, and will not incur any additional cost to the Commonwealth.

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 May 1, 2021 through July 1, 2022.

Section 6 Renewal Clause – Optional Renewal Period Does not apply.

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

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:

Department of Education

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 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 ONLY.

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

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)

Five (5) years experience is the minimum requirement for this criteria. Points are only given to bidders who exceed the five (5) year requirement. The bidder with the greatest number of years experience (not to exceed 50 years for evaluation purposes) receives the maximum number of points. The bidder with the next largest number of years experience, receives points by dividing the next largest number of years experience by the largest number of years experience and multiplying that percentage by the available points. For example, 10 points is allocated to the largest number of years experience, over five (5) years, for this procurement, bidder “A” bids 20 years as the bidder with the largest number of years experience and receives the maximum of 10 points (20 / 20 = 1.00 x 10 = 10). Assume bidder “B” is the bidder with the next largest number of years experience at 15 years, then “B” receives 7.5 points (15 / 20) = .75 x 10 = 7.5).

Vendor should enter number of years experience on the Bid Price Sheets, Attachment D for the Kentucky School for the Blind and Attachment E for the Kentucky School for the Deaf.

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

Does not apply.

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 Award Contract 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 3-22-2021 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 mailto:keith.srutowski@ky.gov 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”.