Attachment A - RFB 758 2200000198 - 10-11-2021.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.

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 Service Registration Guides are provided at https://finance.ky.gov/eProcurement/Pages/default.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An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time.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.

https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/default.aspx mailto:Finance.CRCGroup@ky.gov

The following items MUST be submitted prior to award:

_____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 AX900 Wireless Portable Scale System and Trailer

RFB 758 2200000198

Issued by The Finance and Administration Cabinet

On Behalf Of Department of Highways

Release Date: October 11, 2021

Vendors’ Written Questions Due: October 14, 2021 at 10:00 AM ET CLOSING DATE AND TIME: October 25, 2021 at 1:30 PM ET

Commonwealth Buyer:

Kyle Collins

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-6521 kyle.collins@ky.gov mailto:kyle.collins@ky.gov

PUBLIC BID READINGS HAVE BEEN TEMPORARILY SUSPENDED

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, ET 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 respectively https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

http://eprocurement.ky.gov/ https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

Solicitation

Terms and Conditions

Award Contract

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish an Award Contract for: AX900 Wireless Portable Scale System and Trailer

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

1. SCOPE/INTENT.

These specifications will cover an above ground, lightweight, and low profile semi-portable axle scale. The scale system will be used for commercial vehicle weight enforcement, specifically to determine individual axle, group axle, and gross weights of commercial vehicles. The axle scale system is classified as semi-portable capable of being transported via an axle scale trailer on open road. Each axle scale system will consist of one (1)-pair of 14’ft. digital cabled and wireless weighing platforms (4 ea 7’ weigh pads), a digital electronic indicating element connecting to the weighing platforms via digital cable and wireless communication, and a scale transport trailer. The axle scale system must be NTEP Class IIII (Weighing Element) and Class III (Indicating Element) certified by National Conference of Weights & Measures (div of U.S. National Institute of Standards and Technologies) for overweight enforcement, and the transport trailer must be compatible with the scale system manufactured in compliance with NATM standards.

2. SALIENT CHARACTERISTICS.

2.1 General. The weighing system shall be suitable for outdoor use, easy to use, maintain and repair. It shall be durable, reliable, and free of defects affecting performance, strength and safety. It shall be complete when installed, including all items needed to weigh vehicles.

2.2 Accuracy. The scale system shall measure axle loads accurately and repeatable, over the weighing range, within +/- 50 lbs. The allowable error includes all error effects, including calibration uncertainty, display increment rounding, loading errors, creep over 30 minutes, temperature variation of +/- 5 degrees Fahrenheit, non-linearity, and zero shift. In service accuracy testing will be conducted in accordance with NIST HB-44 Class IIII Weighing Elements.

2.3 Components. The scale system shall include four main components:

1. Axle Scale Decks of 14’ft. long (2-pair of 7’ft. scales) with digital cabled and wireless output.

2. Digital (Cabled and Wireless) CPU with built-in printer & memory record storage

3. Digital cabling with quick disconnect connectors

4. Scale System Transport Trailer

Type 14 ft. 120,000 lb. capacity applicable for single/tandem/triple axle groups (4 – 7’ft.

platforms)

2.3.1 Platform/Axle Scale. When fully assembled each pair of decks shall be a minimum of 14 feet long and a minimum of 32 inches wide. Height of each deck shall not exceed 3.6 inches Maximum overall physical size of each assembled deck, when including ramps at each end, shall be no more than 17 feet long and 34 inches wide.

The scale decks shall be of lightweight aluminum with diamond tread plate surface construction. Ramps shall be affixed to each end of each deck, shall be easily detachable, and provide safe and smooth transition of the tires from road to deck surface. The scale shall withstand up to a 50% overload with no change in calibration and 100% overload with no damage.

The Platform/Axle Scales must provide digital output communication when connected via digital cable and wireless signal to the CPU/Indicator. Each platform must perform its own analog to digital conversion, enabling the calibration and other relevant performance data to be independently stored at each scale to allow for interchangeability of all cables, CPU’s/indicators; and platform scales of the same brand and model without performing recalibration on scales & components.

2.3.1.1 Load Cell. Each platform/axle scale shall use four (4)-fully electronic shear beam type load cells; NTEP certified to 5,000 divisions by National Institute of Standards and Technologies. The load cells shall be hermetically sealed and of stainless steel construction for environmental protection. The load cells shall be commercially available. Any scale using proprietary, mechanical or hydraulic load cells will not be accepted. The load cells of each platform/axle scale shall be summed to provide one digital output signal. The one output signal shall be digital to enable any of the systems’ cables or indicators to be connected to the scale without having to perform calibration.

2.3.2.1 Cables. To minimize the amount and distance, two or three 15 ft. digital interface cables shall connect the platforms/axle scales. One or two 50 ft. digital interface cables shall connect the platforms/decks to the CPU/indicator. Quick disconnect metallic connectors and cables are to be interchangeable with any system of the same make and model without requiring calibration.

2.3.3 Digital Input CPU/Indicator. Shall communicate with the decks and serve as a means of displaying, printing, and/or saving weighing records. The CPU/indicator shall communicate with the deck scales via a digital cabled or wireless signal. Analog signals will not be accepted. The indicator is to be interchangeable with any scale or system of the same brand and model without requiring calibration. At a minimum, the

CPU/indicator functions should include on/off, zero, clear, axle accumulation, screen adjust, back light, low battery indicator, reset, and time and date. The CPU/indicator shall be capable of saving records, and provide RS232 and USB outputs for interface to computer or a remote display, and download saved records to a USB flash drive.

The CPU must contain built-in thermal printer in an IP52 (Open)/IP67 (Closed) environmentally hardened case. The CPU shall have storage capabilities of over 2000 weighing transactions which can be exported via RS232, USB, or USB flash drive. It shall include an alpha-numeric keypad to allow optional data entry of VEHICLE Information (DOT#, Owner/Driver, License Plate #, Plate State, FHWA Class, Notes, and/or VIN #) and USER Information (Scale Location, Scale User, Supervisor, and (1) Optional Field). All VEHICLE and USER fields are optional, and will only appear on printed tickets or saved records when entered. All saved records can be recalled for printing or export.

2.3.3.1 Display. Must be capable of simultaneously displaying the individual applied axle weight, accumulative axle group weight, and total weight.

2.3.3.2 Printer. Individual axle and/or group weight(s), total weight, date, time and vehicle ID must be capable of being printed via a self-contained thermal printer.

2.3.3.3 Power. Cabled weighing platforms are powered by DC power provided by the PT20 CPU/indicator containing (6) “D”-size NiMH (standard) or NiCad rechargeable, or Alkaline batteries. All battery types must be commercially available. Optional universal 12V DC power kits may be included. 12V AC power will not be an acceptable means.

Wireless weighing platforms are powered by (4) “D”-size alkaline batteries.

2.3.3.4 Gravitational correction factor. The scale shall be calibrated to standard gravity (acceleration due to gravity equals 32.174 ft./sec sq. at 45 degrees latitude and sea level). The last entered latitude and elevation shall be stored at power up. The user shall be able to input and store the local latitude and elevation so as to correct for the effects of gravity should the indicator be used at a geographical position which differs from the last stored value.

2.4 Wireless Communication: The scales and CPU shall communicate via wireless signal. Scale and CPU shall not have protruding/external communication devices such as radios or antennas. All communication devices shall be safely embedded within the scales and CPU’s. Transmission shall require no special license requirements and be pre-approved US/FCC, CAN/IC. Communication between axle scale/decks and CPU shall be up to 200 ft. / 60m indoor and 300 ft. / 90m line of sight outdoor.

2.4 Calibration. The scale shall be easily calibrated and the calibration protected against accidental destruction. The user shall not be required to use calibration curves.

All adjustments shall be entered via the indicator’s keypad.

2.4.1 Documentation and equipment. Calibration tag(s) shall be placed on the scale.

Calibration certificates or reports and any special tooling or equipment required for calibration shall be supplied with the weighing system (does not include dead weights).

2.4.2 Calibration interval. The scale shall indicate within tolerance over a one year calibration interval.

3.0 APPROVED MODELS:

Intercomp Model AX900-05-LAW

3.1 Drawings. Demonstrating compliance with this specification must be supplied with offers/bids if quoting a model that is not approved.

3.2 Certifications Any offered model must be NTEP certified as a system. NTEP

Certificate(s) of Conformance shall include both the scale (weighing element) and CPU (indicating element) NTEP certificate shall identify certified scale sizes and configuration (LxW) demonstrating compliance to this commercial specification.

The NTEP Certificate of Conformance must also include type of approved load cells included with the system and related NTEP Certificate of Conformance to demonstrate compliance to section 2.3.1.1. All offerors must include a copy of their NTEP Certificate(s) of Conformance with offers/bids to this RFB. Offers/bids not including the NTEP Certificate(s) of Conformance shall be immediately disqualified.

3.3 Field Usage. Scales offered by the bidder must have been in use by a state law enforcement agency for a minimum of one year.

3.4 References. Bidders are required to provide with their offer/bid a list of references from three state agencies using the same model of scale, CPU and trailer for overweight vehicle enforcement as offered against this specification..

4.0 DOT Approved Class IV Trailer Specifications

4.11 Construction. Base model trailers shall be a 7,000/lb. GVWR drop deck tilt design with dual 6,000/lb. drop axles; constructed of welded steel with a deck construction of smooth plate steel. Trailers must be of a tilt-bed design to facilitate the ease of loading and unloading of the axle scales. Trailer must be built to conform with the NATM (National Association of Trailer Manufacturers) published guidelines for trailers weighing less than 26,000-pounds.

4.12 Frame Construction. The main frame construction shall be constructed of sturdy six (6)-inch steel channel with structural support members to resist twisting of the frame or equivalent. The tongue area shall be constructed of sturdy three (3)-inch square steel tube.

4.13 Pan/Floor Construction. The trailer deck/pan shall be constructed on (10 to 14-gauge) 3/16”-smooth plate steel, chain welded to the frame construction, and cover the entire tilt-bed portion of the trailer to protect the underside of the scales. The rear (tail end) pan area must be flared and equipped with a steel approach ramp to facilitate the ease of scale loading and unloading. Scale System slider bed strips shall be fastened to the trailer floor/pan as a standard for wear resistance when loading and unloading the scales. Roller Decks are optional, (See Section 4.3.1).

4.14 Fender Construction. The trailer fenders shall be full radius design with gusseted supports, and be constructed of ten (10)-gauge steel, and have an overall width of (9)-inch per fender.

4.15 Dimensions/Weight. The overall trailer length shall not exceed 22’feet, and the overall width shall not exceed 96”-inches. The inside pan/floor dimension shall be a minimum of 74”-inches. The overall tongue dimension shall not exceed 64”-inches.

The approximate trailer deck height towing height shall be 16”-inches unloaded, 14”-inches loaded. Trailer Weight varies with Models and Options. Base models start at 3,500/lbs. to Deluxe models at 6,500/lbs.

4.16 Axles/Hubs. The trailer shall be equipped with two (2)-6,000/lb. Dexter or equivalent drop axles with E-Z Lube 6-bolt hubs. The suspension shall consist of four (4)-Dexter or equivalent leaf spring assemblies.

4.17 Brakes. The trailer shall be equipped with electric actuated FSA (forward self-adjusting) drum brakes on all wheels and include an installed breakaway device on the tongue to active the brakes in case of a trailer detachment from the tow vehicle.

4.18 Wheels/Tires. The trailer shall be equipped with five (5)-tubeless radial highway trailer tires (includes spare tire and wheel mounted in front of the curbside fender), Load Range “C”, size ST225/75R15 D, mounted and electronically spin balanced on white mod. Fifteen (15”)-inch, six-(6)-bolt trailer wheels.

4.19 Hitch Type. The trailer will be equipped with a (2-5/16”) adjustable ball type coupler; and two (2)-safety chains with safety latch hooks, 3/8”-size minimum, for coupling to the tow vehicle. The hitch height is adjustable, with a standard towing height set at (16”)-inches unloaded, (14”)-inches loaded.

4.2 Jack. The tongue jack at a minimum should be a 7,000-pound drop leg manual crank to support the trailer when not being towed.

4.2.1 Electrical Plug/Wiring. The trailer electrical plug must be a 7-pole RV connector with a seven-conductor jacketed cable extending a minimum of two (2)-feet beyond the hitch coupler wired to charge the winch/hoist battery from the tow vehicle while in transit. All electrical wiring connections and splices must be sealed and end in a weatherproof junction boxes. All wiring must be encased in a loom or harness and supported by clips or clamps at regular intervals. All wiring being routed through holes in beams and tubing must be supported with a grommet material, and not supported with silicone.

4.2.2 Lighting/Reflectors. The trailer shall be outfitted with LED lights with a sealed wiring harness mounted on the rear light bar consisting of two (2) stop, tail, and turn signal lamps. A license plate light, and 3/16” plate support bracket, shall also be mounted on the rear light bar. Two side (2)-yellow running lights shall also be installed on each side of the trailer in conformance with SAE and ATA standards. Each trailer shall have four (4)-red reflectors installed on the outside of the light bar at the rear of the trailer, and (2)-yellow reflectors installed on each side of the pan/tool box area at the front of the trailer.

4.2.3 Winches. The trailers must be equipped with two (2)-each Warn, or equivalent, 12VDC electric winches and controls to be powered from a 12V battery included in the front tool box area located on the tongue. The winches must have a 3,500/lb. vertical lift capacity and include a 7/32”-diameter rust resistant steel cable with safety latch hooks and safety chains to assist in the process of loading and unloading the scales. Winches shall be mounted on top of the tilt bed at the front of the trailer with protective plexi-glass covers and the controls being wired and housed in the front tool box area located on the tongue.

4.2.4 Hydraulic Tilt Package. The trailer tilt-bed shall be powered up and down by a 12VDC Electro-Hydraulic (4-ton) capacity system to load and unload the scales. The hydraulic reservoir, tilt control, and 12V battery shall be mounted in the front tool box area located on the tongue. A locking safety latch must be included and installed on the front tilting portion of the trailer for highway travel. Two (2)-scale tie down bars are standard on the base trailer model; and two-(2)-2”x9’ft. nylon straps with flat hooks and full width scale lock bar are standard on trailer models with roller, or rollers with overhead storage.

4.2.5 Tongue Tool Box. The trailer must be equipped with a steel, lockable, storage compartment built onto the tongue are to house the 12V battery, hydraulic pump, fluid reservoir, hoist and winch controls, and include a (3-3/4”)-inch tall aluminum tool tray for spare parts.

4.2.6 Paint. The trailer must be treated with a minimum of one (1)-base coat of rust proof primer and two (2)-coats of black automotive quality enamel, acrylic, or polyurethane paint.

4.3.1 Scale Rollers. The trailer deck/pan area shall have heavy duty split roller sections mounted to the smooth steel deck/pan plate on each side of the center divider to ease loading and unloading of the scales. Rollers must be between 1.75” to 1.9”-diameter, and must be sealed, lubricated ball bearing type. Rollers are galvanized and the roller frames are zinc plated. NOTE: In lieu of standard scale slider bed strips.

4.3.2 Overhead Storage/Sign Compartment. A raised storage compartment/box must be installed above the fenders and be approximately 39.5”-inches above the main trailer deck/pan. The aerodynamic storage compartment/box dimensions must be approximately 120”-inches long X 72”-inches wide X 18”-inches high, and include single drop down doors on both outsides/long sides of the compartment/box. Each drop down door must have two (2)-each lockable “T” or “D”-handle latches with keys.

4.3.3 Custom Scale Tarp. Custom made industrial scale tarp with zippers and latches to cover scales on trailer.

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 Not applicable to this solicitation.

Section 6 Renewal Clause – Optional Renewal Period Not applicable to this solicitation.

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 Not applicable to this 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.

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

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

Department Of Highways

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.

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)

The bidder shall clearly state the delivery time for this procurement. Delivery time must be specific and such phrases as, “as required”, “as soon as possible”, or “prompt” have no meaning and may result in a non-responsive bid.

The bidder with the lowest amount of delivery days (working 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 working 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 working 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 WORKING DAYS ARO

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 Not applicable to this solicitation.

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 Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

The Commonwealth recognizes the rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of the contract, the Commonwealth and the bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

Section 19 Quantity Basis of Contract – Estimated Quantities Not applicable to this solicitation.

Section 20 Manuals and Distribution of Literature Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 21 Vendor’s Report Not applicable to this solicitation.

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 Not applicable to this solicitation.

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 October 14, 2021 at 10:00 AM ET to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

(SUBMIT QUESTIONS VIA EMAIL TO THE COMMONWEATH 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 Kyle Collins

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-6521 kyle.collins@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 mailto:kyle.collins@ky.gov 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 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.

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx (Click on Office of the Controller and scroll down to Procurement section.)

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 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

HOLLY M. JOHNSON, SECRETARY

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

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

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

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

https://revenue.ky.gov/Forms/10A100.pdf

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 https://revenue.ky.gov/Forms/10A100.pdf 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=50474

Businesses can register with the Secretary of State at:

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

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

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

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

Section 43 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.