Attachment A - RFB 758 2700000203.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://vss.ky.gov

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://vss.ky.gov

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An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time.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 36) https://vss.ky.gov/ https://vss.ky.gov/ mailto:Finance.CRCGroup@ky.gov

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY (see Section 38)

_____REQUIRED AFFIDAVIT(S) (see Attachment C)

ATTACHMENT A

Commonwealth of Kentucky Request for Bid (RFB)

For KHP Mowing, Trimming, Edging and Blowing Services

RFB 758 2700000203

Issued by The Finance and Administration Cabinet

On Behalf Of The Kentucky Horse Park

Release Date: November 2, 2026

Vendors’ Site Visit: November 10, 2026 at 1:30 PM ET (see below for address) Vendors’ Written Questions Due: November 12, 2026 at 1:30 PM ET

Commonwealth’s Response to Written Questions: November 16, 2026 CLOSING DATE AND TIME: November 23, 2026 at 1:30 PM ET

Commonwealth Buyer:

Angie Johnson, KCPM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 564-6194 angelaf.johnson@ky.gov

Vendor Site Visit Information There will be an optional vendor in-person Site Visit on Tuesday, November 10, 2026 at 1:30 PM ET at The Kentucky Horse Park, 4089 Ironworks Parkway. Lexington, KY 40511. Park at the VIC Parking Lot upon arrival. Please contact the Commonwealth Buyer via email at angelaf.johnson@ky.gov if you wish to attend by November 9, 2026 by

1:00 PM ET.

mailto:angelaf.johnson@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the OPS conference line at

844-603-5060, Conference ID number 240522005, and Participant Code 33957, 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 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 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

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: KHP Mowing, Trimming, Edging and Blowing Services.

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

KENTUCKY HORSE PARK

SCOPE OF WORK

Mowing, Trimming, Edging and Blowing Services

1. PURPOSE

The Kentucky Horse Park is seeking qualified Vendors to provide professional mowing, trimming, edging, and blowing services at designated areas of the Kentucky Horse Park, located at 4089 Iron Works Parkway, Lexington, Kentucky 40511.

Multiple contracts are anticipated to be awarded based on the designated service areas and commodity lines identified in this Scope of Work.

The successful Vendor(s) shall furnish all labor, supervision, equipment, tools, transportation, fuel, and other resources necessary to provide the required grounds maintenance services in accordance with this Scope of Work.

2. BACKGROUND

The Kentucky Horse Park is a 1,200-acre equine tourist attraction owned by the Commonwealth of Kentucky. The Park includes a Smithsonian-affiliated museum and hosts local, regional, national, and international events, including horse shows, conventions, consumer and trade shows, conferences, community functions, banquets, meetings, seminars, sporting events, and weddings.

The Kentucky Horse Park hosts more than 200 events annually and approximately 2.3 million visitors each year. The Vendor shall perform all services in a professional manner that maintains the appearance of the Park while protecting visitors, employees, horses, facilities, landscaping, vehicles, and other Park property.

3. PERIOD OF PERFORMANCE

The mowing season is anticipated to run from approximately March 15 through October 31.

KHP reserves the right to request an earlier start date when weather and turf conditions require mowing.

Each designated service area shall generally be maintained weekly during the mowing season.

KHP reserves the right to skip a scheduled mowing during periods of dry conditions, typically during August and September, when mowing is not necessary or may be detrimental to turf conditions.

The resulting agreement shall be for an initial period of one (1) year from the date of award, with the option for four (4) additional one-year renewal periods upon approval of all parties.

4. COMMODITY LINES / SERVICE AREAS

Mowing, trimming, edging, and blowing services are divided into three (3) commodity lines:

Commodity Line 1 – Competition/Event Space: Includes the designated Competition and Event areas identified by KHP. Google Earth is highlighted in green.

Commodity Line 2 – Campground: Includes the designated Campground areas identified by KHP. Google Earth is highlighted in purple.

Commodity Line 3 – Center of Park: Includes the designated Center of Park areas identified by KHP. Google Earth is highlighted in blue.

Service areas are identified on the KHP mowing map provided with the solicitation.

Acreage shown on the map is approximate and may not include small adjacent areas, roadway buffer strips, or other areas that are required to be maintained as part of the designated service area.

Paddock areas located within the designated service areas will be maintained by KHP unless otherwise specifically identified in the solicitation.

Google Earth Map:

https://earth.google.com/earth/d/1_L- 5NfQrm99sPVchNQ7qyKFWHPtAeEX6?usp=sharing

5. COMMODITY LINE BIDDING RESTRICTIONS

Due to the size and geographic distribution of the Kentucky Horse Park grounds, a Vendor shall not be permitted to bid on both Commodity Line 1 – Competition/Event Space and Commodity Line 2 – Campground.

https://earth.google.com/earth/d/1_L-5NfQrm99sPVchNQ7qyKFWHPtAeEX6?usp=sharing https://earth.google.com/earth/d/1_L-5NfQrm99sPVchNQ7qyKFWHPtAeEX6?usp=sharing

A Vendor may bid on: Commodity Line 1 only; Commodity Line 2 only; Commodity Line 3 only; Commodity Lines 1 and 3; or Commodity Lines 2 and 3.

A Vendor may not bid on Commodity Lines 1 and 2 together, regardless of whether Commodity Line 3 is also included.

Therefore, the following combinations are not permitted: Commodity Lines 1 and 2; or Commodity Lines 1, 2, and 3.

Bids submitted in violation of these restrictions may be deemed non-responsive.

KHP intends to award Commodity Lines 1 and 2 separately due to the size and geographic distribution of these service areas. Commodity Line 3 may be awarded in conjunction with either Commodity Line 1 or Commodity Line 2.

6. SERVICE FREQUENCY AND SCHEDULING

All three commodity lines shall be serviced weekly during the mowing season. However, due to scheduled events, Park operations, weather conditions, and other operational requirements, the frequency and timing of services may be adjusted by the Kentucky Horse Park as necessary.

KHP reserves the right to increase, decrease, or adjust the frequency or scheduling of services within a service area when necessary to accommodate scheduled events, Park operations, visitor activity, horse activities, weather conditions, or other circumstances affecting the operation of the Kentucky Horse Park.

The Vendor shall coordinate all services with the KHP Maintenance Director or designated representative and shall make reasonable adjustments to its service schedule as requested by KHP.

Competition/Event Space – Commodity Line 1: Due to the extensive event schedule in the Competition/Event Space, this area shall generally be serviced on Mondays, or after 6:00 p.m. on other days, unless otherwise approved by KHP. Due to scheduled events and Park operations, KHP may require the timing or frequency of services in this area to be adjusted. The Vendor shall coordinate its schedule with KHP to avoid conflicts with scheduled events, horses, exhibitors, visitors, vehicles, and other Park activities.

Campground – Commodity Line 2: The Campground shall generally be serviced weekly during the mowing season. Due to scheduled events, campground occupancy, Park operations, weather conditions, or other operational requirements, KHP may adjust the timing or frequency of services as necessary. The Vendor shall coordinate the mowing schedule with KHP to minimize conflicts with campground operations, guests, vehicles, and other Park activities.

Center of Park – Commodity Line 3: The Center of Park shall generally be serviced weekly during the mowing season. Due to scheduled events, Park operations, weather conditions, or other operational requirements, KHP may adjust the timing or frequency of services as necessary. The Vendor shall coordinate the mowing schedule with KHP to minimize conflicts with Park visitors, events, vehicles, pedestrians, and other Park activities.

7. MOWING REQUIREMENTS

The Vendor shall mow each designated service area weekly, or as otherwise directed by the KHP Maintenance Director or designated representative.

• Maintain turf at approximately 3½ inches during the spring and early summer.

• Remove no more than one-third (1/3) of the leaf blade during each mowing.

• Increase turf mowing height by approximately ½ inch from July 1 through August 31.

• Maintain turf at approximately 4 inches during periods of drought.

• Begin mowing operations as soon as turf conditions require mowing.

• Use sharp, well-maintained rotary equipment capable of providing a clean cut without tearing grass.

• Alternate mowing direction when feasible.

• Avoid scalping, rutting, soil compaction, chemical damage, or other damage to turf.

• Avoid mowing when turf is excessively wet and mowing would result in poor clipping distribution or soil compaction.

• Remove rocks, limbs, trash, paper, branches, and other debris from turf areas prior to mowing.

• Mulch grass clippings and distribute them evenly throughout the turf without excessive clumping, except where otherwise specified for leaf removal.

• Remove any bagged or collected grass clippings from the site.

8. TRIMMING AND WEED EATING

The Vendor shall provide trimming and weed-eating services as part of each weekly maintenance operation.

Trimming shall include areas around, but not limited to: sidewalks; walkways;

driveways; curbs; trees; rocks; buildings; fences; paved areas; and other obstacles or areas inaccessible to mowing equipment.

String trimmers shall be maintained at least six (6) inches away from woody plant material.

The Vendor shall exercise care to prevent damage to trees, shrubs, fences, buildings, and other KHP property.

Any damage caused by the Vendor's mowing or trimming equipment shall be the responsibility of the Vendor. KHP shall be reimbursed for the value of trees killed or irreparably damaged by Vendor equipment.

Turf around the base of wood plank fences shall be maintained at a height consistent with the surrounding turf. Vines and other vegetation shall not be permitted to grow on or through fences.

The Vendor may utilize glyphosate to reduce trimming requirements only in areas specifically approved in advance by the KHP Maintenance Director or designated representative.

9. EDGING REQUIREMENTS

Edging shall be performed at least biweekly (every two weeks), or more frequently as necessary to maintain a neat and professional appearance.

Vertical blade edging shall be performed weekly or as needed where turf meets finished concrete surfaces.

All turf adjacent to ground-level hard surfaces shall be edged at approximately a 90-degree angle to provide a clean and distinct separation between turf and hard surfaces.

Edging shall not expose excessive soil or damage adjacent pavement, concrete, landscaping, or other surfaces.

Areas that cannot be properly edged during a scheduled visit because of parked vehicles, equipment, event activities, or other obstructions shall be reported to the KHP Maintenance Director or designated representative.

10. BLOWING AND CLEANUP

Upon completion of mowing and trimming operations, the Vendor shall clean all hardscape surfaces affected by the work.

Hardscape areas include, but are not limited to: sidewalks; walkways; driveways; patios;

parking lots; curbs; tree rings; mulched areas; window wells; and other paved or non-turf surfaces.

Grass clippings, leaves, dirt, and other debris generated by maintenance operations shall be blown or otherwise removed from these areas.

The Vendor shall exercise particular care around vehicles, buildings, pedestrian areas, and other facilities to prevent grass, debris, or other materials from being blown onto vehicles or structures.

11. LEAF AND DEBRIS REMOVAL

Fallen leaves shall be mowed and mulched into turf areas when conditions permit and until the leaves can no longer be effectively assimilated into the turf.

When leaves can no longer be effectively mulched, or when leaves are distributed unevenly over the turf following mowing, the Vendor shall collect and legally dispose of the leaves.

Accumulated leaves and debris shall also be removed from curbs and other designated areas.

Burning of leaves or debris on KHP property is prohibited.

12. AREAS ADJACENT TO WATERWAYS

Turf located within twelve (12) feet of streambed edges shall be maintained at a height between six (6) and eighteen (18) inches.

These areas may be maintained using string trimmers or other appropriate equipment as directed by KHP.

13. INCLEMENT WEATHER

The Vendor shall maintain the established service schedule to the extent reasonably possible during inclement weather.

The Vendor shall notify the KHP Maintenance Director or designated representative of any anticipated delay caused by weather conditions.

When weather delays occur, mowing shall resume at the first reasonable opportunity.

If excessive grass clippings remain on the turf following a weather-related delay, KHP may require the Vendor to remove the clippings or perform additional mowing within forty-eight (48) hours.

14. CALL-BACK AND CORRECTIVE SERVICES

The Vendor shall respond to KHP call-back requests within a maximum of forty-eight

(48) hours following notification.

The Vendor's response shall include: (1) acknowledgement of the request; and (2) corrective action or remediation of the identified issue.

15. EQUIPMENT AND VEHICLES

The Vendor shall provide all equipment necessary to perform the services. All equipment shall be properly maintained and suitable for use on KHP property.

Vendor vehicles shall be properly identified while operating on KHP property.

The Vendor shall park and unload equipment only in areas designated by the KHP Maintenance Director or designated representative.

Vendor vehicles, trailers, and heavy equipment shall not be parked or operated on turf areas or sidewalks without prior authorization from KHP.

The Vendor shall not block sidewalks, roadways, driveways, parking areas, or other access points during maintenance operations.

No Vendor equipment shall be left on KHP property overnight unless specifically approved by the KHP Maintenance Director or designated representative.

Vendor equipment shall not be left running or unattended and shall remain under the control and supervision of Vendor personnel while in operation.

The Vendor shall provide, with its bid response, a list of equipment it anticipates using to perform the services or otherwise demonstrate its ability to obtain the equipment necessary to meet the requirements of this Scope of Work.

16. VENDOR PERSONNEL

The Vendor shall provide qualified personnel capable of safely and professionally performing the required services.

All work shall be performed under the supervision of a qualified landscape professional.

Vendor employees shall maintain satisfactory standards of competency, conduct, appearance, and integrity while working on KHP property.

Vendor personnel shall: wear appropriate work clothing; maintain a professional appearance; comply with all KHP rules and regulations; not use alcohol or illegal substances while on KHP property; not use foul, lewd, suggestive, or otherwise inappropriate language while on KHP property; and not wear clothing that advertises alcoholic beverages or contains offensive or inappropriate material.

17. SAFETY REQUIREMENTS

The Vendor shall train its employees and take all necessary precautions to protect KHP employees, Park visitors, Vendor personnel, horses and other animals, buildings, vehicles, landscaping, and other KHP property.

The Vendor shall comply with all applicable OSHA requirements, KHP safety requirements, and other applicable federal, state, and local regulations.

Vendor employees shall wear appropriate personal protective equipment, including high-visibility vests when required.

All guards, shields, and other manufacturer-required safety devices shall remain properly installed and in use on mowing and trimming equipment.

Mowing and trimming operations shall be temporarily stopped whenever persons, horses, vehicles, or other conditions are present that create a potential risk of injury or property damage.

18. KHP FUELING AND PARKING

KHP maintains a fuel station on Park property with designated gasoline and off-road diesel tanks.

If the Vendor elects to utilize the KHP fuel station, KHP will provide the Vendor with an assigned fueling code. The Vendor shall be charged KHP's invoiced fuel rate plus twenty percent (20%).

KHP will provide a designated area for Vendor employee and trailer parking. The location and size of the designated parking area shall be coordinated between KHP and the Vendor.

19. INVOICING AND DOCUMENTATION

The Vendor shall submit invoices to KHP weekly for services performed during the preceding week.

Each invoice shall include a detailed breakdown of the services rendered and clearly identify: commodity/service area; date(s) services were performed; type of service performed; Mowing; Trimming/Weed Eating; Edging; Blowing/Cleanup; applicable bid price; and any other information reasonably requested by KHP to verify the services performed.

Invoices shall correspond to the pricing submitted in the Vendor's bid and shall provide sufficient detail for KHP to verify that the services billed were completed.

Payment shall be made only for services satisfactorily performed and documented in accordance with the resulting contract.

20. INSPECTION AND QUALITY CONTROL

The Vendor shall inspect the grounds at least weekly throughout the year and more frequently as necessary to ensure compliance with the requirements of this Scope of Work.

KHP reserves the right to inspect all work performed by the Vendor and to require correction of deficiencies.

If KHP determines that the Vendor, its employees, or its operations are not being conducted in a professional manner or in accordance with the requirements of this Scope of Work, KHP may provide written notice of the deficiency.

The Vendor shall correct identified deficiencies within seven (7) calendar days of receipt of written notification unless a shorter correction period is required due to safety, event, operational, or other circumstances.

Failure to correct deficiencies may result in further action, including termination of the agreement in accordance with the applicable contract provisions.

21. SUBCONTRACTORS

The Vendor shall identify all proposed subcontractors that will perform any portion of the services under the resulting agreement.

The bid response shall include the following information for each proposed subcontractor: company name; address; telephone number; and description of services to be performed.

22. BID PRICING REQUIREMENTS

1. Vendors may bid on Commodity Line 1, Commodity Line 2, Commodity Line 3, Commodity Lines 1 and 3, or Commodity Lines 2 and 3.

2. Vendors shall not bid on Commodity Lines 1 and 2 together.

3. Vendors shall provide a price for each individual service within any commodity line they elect to bid.

4. Vendors shall provide a total monthly price for each commodity line.

5. The total monthly price for each commodity line shall equal the combined prices for Mowing, Trimming/Weed Eating, Edging, and Blowing/Cleanup.

6. The individual service prices are for bidding and evaluation purposes; all four services shall be performed as required by this Scope of Work.

7. KHP reserves the right to award Commodity Lines separately.

8. KHP may award Commodity Line 3 in conjunction with either Commodity Line 1 or Commodity Line 2.

9. KHP will not award Commodity Lines 1 and 2 to the same Vendor.

10. Pricing shall remain firm for the initial contract period in accordance with the terms of the solicitation.

11. No additional charges shall be permitted for routine mowing, trimming, edging, or blowing services unless specifically authorized in writing by KHP.

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

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

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

Section 5 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year from the date of award.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four (4) additional two(2)-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period.

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

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

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

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

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

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:

The Kentucky Horse Park

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

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.

All electronic documents submitted in response to this RFB shall be submitted in Microsoft Word, Microsoft Excel or PDF format ONLY.

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 100 Points

Experience Pass/Fail

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor. VENDOR SHALL ENTER UNIT

PRICE AND TOTAL PRICE ON THE BID SHEET ONLY.

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

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

A. PRICE (100 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, 95 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 95 points ($3.00 / $3.00 =

1.00 x 100 = 100). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 75 points ($3.00 / $4.00) = .75 x 100 = 75).

B. EXPERIENCE (Pass/Fail)

The bidder shall clearly state the number of years of experience for this procurement on the Bid Sheet - Attachment B.

Five (5) years experience is the minimum requirement for this criteria to Pass or Fail.

Vendors should provide documentation with their bid submission. Verification documentation may include such items as Articles of Incorporation, Secretary of State Registration, Certificate of Assumed Name filed with the County Clerk, Business or Financial Records showing proof of purchase of business/company.

Vendors not providing documentation with their bid submission will receive Failed score and may be deemed non-responsive and ineligible for award.

Experience should only include experience within the United States.

The vendor cannot use the Commonwealth of Kentucky as a reference. If the Commonwealth of Kentucky is used as a reference, that reference shall receive a score of zero (0).

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

(KAR 200 5:410).

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

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

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

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

KRS 45A.492 Legislative declarations.

The General Assembly declares:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

KAR 5:400.

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

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

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

(KAR 200 5:410).

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

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

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

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

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

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

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

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

Section 16 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

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

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

Section 18 Equipment 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 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 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 The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services.

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

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

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

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

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

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

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

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

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

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

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

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

Section 29 Payment The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

Payments are predicated upon agreed upon payment milestones set forth in the agreement and/or successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation.

Invoices for payment shall be submitted to the agency contact person or agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10) Unit prices; and

(11) Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf The Commonwealth will make a good faith effort to notify the Contractor within fifteen

(15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided. The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution.