Bid 71-25 Water Softener Service for Child Nutrition.pdf

PURCHASING DEPARTMENT

1126 RUSSELL CAVE ROAD

LEXINGTON, KY 40505

www.fcps.net/bids Invitation For Bid Number and Title Department Bid 71-25 Water Softener Service for Child Nutrition Child Nutrition Due Date/Time: Term of Contract

November 17, 2025 at 2:00:00PM Local Time January 1, 2026 to December 31, 2026

FCPS now uses Bidnet for all of our Bids and RFPs. Any notifications, including amendments to solicitations, award notices and future bid/RFP advertisements, will be made through Bidnet.

Please register as a vendor by following the link at www.fcps.net/bids and keep your profile updated to ensure you are up to date on all FCPS Bids.

Firm Name

Address City/State/Zip

Telephone/Fax Email

________/_____/____________ or __________/__________________ Social Security Number Employer Identification Number http://www.fcps.net/bids http://www.fcps.net/bids

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THE GENERAL TERMS AND CONDITIONS, THE BID DOCUMENT, AND A

SUCCESSFUL BIDDER’S RESPONSE CONSTITUTE THE FINAL

CONTRACT/AGREEMENT BETWEEN FCPS AND BIDDER. NO CONTRACT/

AGREEMENT TERMS REQUIRED BY BIDDER WILL BE CONSIDERED BY FCPS

THAT ARE NOT SUBMITTED WITHIN THE RESPONSE. A SUCCESSFUL BIDDER

UNDERSTANDS AND ACCEPTS THIS AS ESSENTIAL TO THE AWARD OF THE BID.

A SUCCESSFUL BIDDER WHO SUBMITS ANY SUBSEQUENT DOCUMENT FOR

FCPS TO ACCEPT/SIGN UNDERSTANDS AND AGREES THAT THIS WILL NOT BE

CONSIDERED OR ACCEPTED BY FCPS.

FOLLOWING THE SUBMISSION OF A RESPONSE AND THE AWARD OF THE BID

SHOULD A SUCCESSFUL BIDDER TAKE THE POSITION THAT AN ADDITIONAL

DOCUMENT WITH ADDITIONAL TERMS IS REQUIRED FOR A SUCCESSFUL

BIDDER TO COMPLY WITH TERMS OF THE BID, THE BID AWARD SHALL BE

CONSIDERED VOID AND BIDDER MAY BE DEBARRED FROM FUTURE WORK

WITH FCPS.

CERTIFICATE MUST BE EXECUTED BY BIDDER/ PROPOSING FIRM

In compliance with this Invitation for Bid, in consideration of the detailed description attached hereto and subject to all conditions thereof, the undersigned agrees, if this bid is accepted, to furnish any or all of the items and services upon which prices are quoted in accordance with the specifications listed herein.

Contractor agrees to furnish and deliver all items/services set forth or otherwise identified in document and on any additional sheets subject to the terms and conditions herein.

To be signed by bidder:

Company Name ___________________________

Name _______________________________ Title _____________________________

Signature _____________________________________________

Acceptance (to be signed if awarded contract)

Board of Education of Fayette County Kentucky

Dr. Demetrus Liggins, Superintendent Date

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General Terms and Conditions

1. Offerors are advised that any contract resulting from this solicitation must comply with all applicable provisions of KRS 45A and other statutes and policies noted in this solicitation.

2. Model Procurement Regulations adopted by the Fayette County Board of Education shall be deemed incorporated by reference in all specifications as though quoted fully herein.

3. The Fayette County Board of Education (Board) implemented revised procedures as of July 1, 2016 for the submittal of bids and proposals. In all Fayette County Public School (FCPS) bidding procedures, all potential offerors that will be using subcontractors are to engage in specifically defined efforts with the Department of Economic Development to include minority-owned and women-owned business contractors, subcontractors, vendors and suppliers.

4. FCPS Department of Economic Development and Purchasing Department are available to assist and provide a listing, upon request, of certified minority-owned and women-owned business enterprises (MWBE). Offerors may consult the list for inclusion of subcontractors currently participating with the offeror. The list is not all-inclusive and may contain only the names of businesses that have self registered with the Board and have become approved contractors or vendors by contacting either Department of Economic Development, Division of Physical Support and Purchasing Department and are MBE certified. Offerors may use other properly certified MWBE subcontractors as long as proper certification is provided.

5. When line item pricing is requested, prices must be stated in units of quantity as specified and extended in total column for each item and/or lot. Proposal prices must include transportation and delivery/service to the warehouse or building as specified.

6. To receive consideration proposals must be received prior to time designated in this solicitation. None shall be accepted thereafter.

7. An officer or member of the proposing firm authorized to legally bind the firm must sign the bid/proposal.

8. The Board of Education reserves the right to accept any bid/proposal, to reject any or all bids/proposals, to waive any irregularities or informalities in bids/proposals received where such acceptance, rejection or waiver is considered to be in its best interest. The Board of Education reserves the right to award by item, combination of items or lot. The Board of Education also reserves the right to reject any bid/proposal where evidence or information submitted by the bidder does not provide satisfactory proof that the bidder is qualified to carry out the details of the contract.

9. By submitting a bid/proposal in response to this solicitation, the respondent accepts the evaluation process and methodology, as well as acknowledges and accepts that the determination of "the most qualified and capable" firm(s) will require subjective judgments by the Fayette County Board of Education.

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10. Proposals are effective for sixty (60) days from date of closing unless otherwise specified in conditions of bidding and general specifications.

11. Manufacturer’s catalog numbers, trade names, etc., where shown herein are for descriptive purposes to guide the offeror in interpreting the standard of quality, design and performance desired, and should not be construed to exclude proposals based on furnishing other types of materials or service. However, any substitution or departure proposed by offeror must be clearly noted and described. Otherwise it is understood that offeror intends to supply items specifically mentioned in this solicitation. FCPS reserves the right to determine if materials offered are the type and quality required.

12. Samples requested must be furnished free of expense to the Board. If not destroyed or consumed in testing or evaluating, or required in connection with the award, samples will upon request be returned at offeror’s expense. Right is reserved to mutilate or destroy any samples if considered necessary for testing purposes.

13. If awarded an order or contract, offeror agrees to protect, defend and save harmless The Board from suits or demands for payment that may be brought against it for the use of any patented materials, process, article or device that may enter into the manufacture, construction or form a part of the work covered by either order or contract. Offeror further agrees to indemnify and save harmless The Board from suits or actions of every nature and description brought against it for, or on account of injuries or damages received or sustained by any party or parties by, or for any acts of the offeror, his servants or agents.

14. The Board is not required to pay federal excise taxes or Kentucky Sales and Use Taxes.

Proposals must be priced accordingly and reflect no sales tax to FCPS.

15. Offerors remain liable for applicable taxes on construction and/or furnish-and-install contracts for FCPS. Adjustments and allowances for any applicable taxes shall be provided for in the bid amount. Later adjustments to the Contract Sum shall not be permitted and/or made on this basis by FCPS.

16. Parties to this agreement are solely responsible for costs incurred in fulfilling obligations under this agreement unless otherwise provided in this agreement. No party shall have any claim against the other party for reimbursement of such costs, unless said costs are attributable to enforcing compliance under this agreement or seeking redress from the other party’s default under this agreement.

17. If any section, paragraph or clause of this contract is held invalid by any court of competent jurisdiction, the invalidity of said section, paragraph or clause shall not affect any remaining provisions herein.

18. Venue for any legal action filed concerning this contract is Fayette County, Kentucky.

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19. Parties shall not discriminate in any of the services performed in connection with this contract on the basis of race, color, national origin, sex, genetic information, disability, religion, age, political affiliation, sexual orientation or gender identity.

20. K45A.455 PROHIBITS CONFLICTS OF INTEREST, GRATUITIES AND

KICKBACKS TO EMPLOYEES OF THE BOARD IN CONNECTION WITH

CONTRACTS FOR SUPPLIES OR SERVICES WHETHER DIRECT OR INDIRECT.

21. KRS 45A.990 PROVIDES SEVERE PENALTIES FOR VIOLATIONS OF LAWS

RELATING TO GRATUITIES OR KICKBACKS TO EMPLOYEES DESIGNED TO

SECURE A PUBLIC CONTRACT FOR SUPPLIES OR SERVICES.

22. Any addendums or updates to the solicitation will be posted on the district web site. It is the offeror’s responsibility to check the website for any updates.

23. To be eligible for a contract consideration with FCPS, all companies with nexus in

Lexington, Kentucky must be current on all filings and payments of Occupational License and Net Profits Tax for Schools. If it is determined that you are not current on all filings and payments, your bid may be rejected or your contract canceled for noncompliance. For additional information regarding the Occupational License Tax, please visit our website at www.fcps.net/tax.

24. All responses to this solicitation become the exclusive property of FCPS. All proposals received in response to this solicitation become a matter of public record and shall be regarded as public records, with the exception of, as required by KRS 61.878(1)(c)(1), those elements in each bid which are defined by the offeror as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” FCPS shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under Kentucky Revised Statutes Chapter 61. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” may be regarded as non-responsive. Although KRS 61.878(1)(c)(1) recognizes that certain confidential trade secret information may be protected from disclosure, FCPS may not accept or approve that the information that a offeror submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” and FCPS does not believe that the information is a trade secret, FCPS shall provide the proposer who submitted the information with reasonable notice to allow the proposer to seek protection from disclosure by a court of competent jurisdiction.

25. To meet Kentucky Revised Statutes 45A.430 and 45A.435 purchase orders for construction that are issued that are under $100,000.00 will not require a bond. Purchase Orders issued that exceed $100,000.00 will require the contractor to bond. No work shall begin until the offeror has a FCPS issued Purchase Order in hand and has delivered the required Performance and Payment bond to the Department that issued the Purchase Order.

http://www.fcps.net/tax

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26. The offeror agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Offeror agrees to report each violation to the USDA and the appropriate EPA Regional Office.

27. The Offeror agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq. The Offeror agrees to report each violation to the USDA and the appropriate EPA Regional Office.

28. The bidder certifies that it has read and will comply with the Family Educational Rights and

Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)

29. By submitting a bid/proposal, the offeror is indicating that they have read, understand and agree to all terms, conditions and specifications outlined in this proposal.

30. Each proposer by submission of bid/proposal releases Fayette County Public Schools, its Board of Education, employees and agents from any claims arising out of, or in any way related to, the bid/RFP process and the selection of provider.

31. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance with the school district in the last 24 months may be found non-responsible and ineligible for award.

32. Modifications, additions or changes to the terms and conditions of this solicitation may be cause for rejection of the proposal. Offerors are requested to submit proposals on FCPS official forms. Proposals submitted on company forms may be rejected.

33. Successful offeror shall provide to the Fayette County Board of Education an invoice for supplies/services rendered under this contract and any agreed upon expenses to be reimbursed.

Unless otherwise stated, travel and per diem shall be reimbursed based upon the district’s current travel policies.

34. Payments for bid items are normally approved at the regularly scheduled meeting of the Board on the fourth Monday of most months provided bid items and invoices are properly received by the first Monday of the month. However, payments may be made early to take advantage of cash discounts offered provided the taking of such discounts is advantageous to FCPS.

35. Sole proprietors or partnerships must supply Taxpayer Identification Numbers with proposal.

Corporations are excluded from this requirement.

36. If there is a conflict between the terms of this document and any document submitted by the offeror the RFP document takes precedence.

37. Offeror agrees to abide by any reasonable request made by FCPS Administration regarding implementation of this contract.

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38. FCPS reserves the right to cancel contract if in the staff’s opinion the offeror’s work is unsatisfactory, their ability to meet completion schedules is unsatisfactory or billing is found to be excessive for work performed. Offeror may terminate the contract if FCPS fails to meet the specified payment terms.

39. Either party shall have the right to terminate this agreement at any time upon a fourteen (14) day written notice, either personally delivered or served by some form of return receipt mail evidencing delivery, to the other party.

40. Successor in Interest or Contractor Name Changes

No assignment of this contract without specific, written pre-approval of FCPS. Failure to get this written, pre-approval by FCPS shall VOID the assignment and the contractor on this contract shall remain responsible for continued compliance with terms of this RFP/response.

41. Offeror Initiated Requirements Requirements that the offeror has or shall need if awarded the contract must be provided as part of the proposal response.

42. Additionally, offeror shall provide documents necessary to initiate a contractual relationship between the offeror and FCPS. Conflicts that exist with the content of this RFP, board policy or regulation and offeror initiated requirements may result in the rejection of the proposal.

43. Contract may be renewed for four additional one (1)-year terms, up to a total of five (5) years subject to approval of both The Board and successful offeror. Contract prices and discounts shall remain in effect for the entire contract and any agreed upon contract extensions, however additional discounts and/or special pricing are encouraged and may be accepted when consistent with other terms and conditions of the contract. If contract prices are changed during the renewal, offeror must provide new pricing and include sufficient reasoning for the price increase at least 60 days prior to the expiration of the contract.

44. This contract may be re-negotiated based upon, but not limited to, increases in services to participants. Any modifications shall be agreed to in writing and signed by both parties.

45. The staff providing services to the Board herein are employees of the Second Party and shall not represent to anyone that they are employees or agents of the Board.

46. Consumption of alcohol or drugs or being under the influence of alcohol or drugs, use of tobacco products or possession of firearms while on a job for FCPS by any worker is strictly prohibited. Any contractor, subcontractor or person working for the contractor or subcontractor who violates rules regarding alcohol, drugs, tobacco products or firearms is subject to immediate removal from the job site. Violation of rules is considered a breach of contract between the contractor and FCPS and may lead to the termination of said contract FOR CAUSE by FCPS.

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47. FCPS does not discriminate on the basis of sex in the educational programs or activities that it operates, and is required by Title IX of the Education Amendments of 1972 (P.L. 92-318) to not discriminate in such a manner. Further, FCPS does not discriminate on the basis of disabling condition, in treatment, admission or access to, or employment in its programs or activities as required by the Rehabilitation Act of 1973 (P.L. 93-112), as amended, Section

504. Nor does FCPS discriminate on the basis of race, color, national origin, sex, genetic information, disability, religion, age, political affiliation, sexual orientation or gender identity in the education programs or activities it operates.

48. Suspension and Debarment

The Offeror understands that a contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”

By signing and submitting its bid or proposal, the offeror or proposer certifies as follows:

The certification in this clause is a material of fact relied upon by FCPS. If it is later determined that the offeror or proposer knowingly rendered an erroneous certification, in addition to remedies available to FCPS, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The offeror or proposer agrees to comply with the requirements of 2 CFR 180.220 while this offer is valid and throughout the period of any contract that may arise from this offer. The offeror or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

49. Purchases by other Kentucky Government Entities:

Any government entity in Kentucky shall have the option of making purchases from a contract executed under this solicitation when such actions are agreed to by the awarded vendor(s). FCPS will not be responsible for payment of any purchases by another government entity.

50. State law requires a contractor that is providing services to students on a regularly scheduled and continuing basis to submit to a state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a letter, provided by the individual, from the Cabinet for Health and Family Services stating the individual is clear to hire based on no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services.

Prior to the provision of services by any contractor/sub-contractor, contractor agrees to obtain and submit a current KY State Police and FBI background check and a have a letter provided by the Cabinet for Health and Family Services Child Abuse and Neglect per KRS160.380. The provider will contact the FCPS Human Resources Department Application Center to initiate this process or submit these documents if obtained

Bid 71-25 Water Softener Service for Child Nutrition, Page 9 elsewhere. A fee of $40 for the State/FBI check and $10 for the Child Abuse and Neglect letter will apply and the cost will be the responsibility of the contractor when having FCPS run the reports. This fee can be paid via check or money order made out to Fayette County Public Schools. Existing background checks within one year will be accepted, with the approval from FCPS Human Resources department. If there is a break in service, a new background check must be completed.

Purchases by FCPS Food Service

51. “Domestic Commodity or Product” are defined as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.

52. “Substantial” means that over 51% of the final processed product consists of agricultural commodities that were grown domestically.

53. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

54. The Buy American provision (7 CFR Part 210.21 (d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs.

55. Buy American: Schools participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means and agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US.

56. Federal regulations require that all foods purchased for Child Nutrition Program be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist when:

57. The product is not produced or manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such as bananas or pineapple; and

58. Competitive proposals reveal the cost of a domestic product is significantly higher than a non-domestic product.

59. All products that are normally purchased by Distributor as non-domestic and proposed as part of this solicitation must be identified with the country of origin. Distributor shall outline their procedures to notify School when products are purchased as non-domestic.

60. Any substitution of a non-domestic product for a domestic product (which was originally part of a solicitation), must be approved, in writing, by the Food Service Director, prior to

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61. Distributor must affirm their willingness to assert their best and reasonable efforts to ensure compliance with this federal rule.

Purchases using federal funds

62. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

63. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

64. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by FCPS in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

65. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

66. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2

CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

67. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/executive-order/11246 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3/part-1964 https://www.federalregister.gov/executive-order/11375 https://www.federalregister.gov/executive-order/11246 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352

Bid 71-25 Water Softener Service for Child Nutrition, Page 11 above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Protest Procedures

1.1 Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or the award of a contract may protest to the Executive Director of Financial Accounting & Benefits Services and the Director of the department the solicitation was issued for, as the case shall require. The protest shall be submitted in writing, within 14 days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

1.2 Either the Executive Director of Financial Accounting & Benefits Services or the Director of the department the solicitation was issued for shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning the solicitation or award of a contract. If the protest is not resolved by mutual agreement, either the Executive Director of Financial Accounting & Benefits Services or the Director of the department the solicitation was issued for shall promptly issue a decision in writing. The decision shall state the reason for the action taken and inform the protestant their decision.

1.3 A copy of the decision under paragraph 1.2 shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

1.4 A decision under paragraph 1.2 shall be final and conclusive per terms and conditions of the solicitation.

https://www.govinfo.gov/link/uscode/31/1352

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Special Conditions Specifications

1. All questions must be submitted in writing through Bidnet no later than 2:00PM, November

10, 2025.

2. Bids must be delivered to:

FCPS Purchasing Department 1126 Russell Cave Road, Rm 137 Lexington, KY 40505

Bids may be returned by United States Postal Service, hand delivered or by any commercial carrier. Please note the Purchasing office is in a separate building from the district mail room and there could be a delay in getting responses sent by mail. It is not recommended to overnight responses as they may not arrive by the deadline. It is the company’s responsibility to ensure the bid arrives at the specified location by the date and time of the bid opening. Bids should not be addressed to a specific person. The FCPS Purchasing Office is closed and does not accept mail, commercial carriers or hand delivered bids on weekends and Holidays.

Regular hours are 7:00AM to 3:00PM Eastern Time.

3. Late bids

Any bids received after the due date listed on the cover page shall be considered a late bid. A late bid shall not be considered for award except under the following conditions only:

3.1. It was sent by registered or certified mail not later than the fifth (5th) calendar date prior to the due date specified on the cover; or

3.2. The bid was sent by mail and it is determined by the Purchasing Department that the late receipt was due solely to the mishandling by the FCPS after receipt at the address specified in the solicitation.

3.3. If an emergency or unanticipated event or closing interrupts or suspends normal FCPS business operations so that bids cannot be received at the FCPS Purchasing Office by the due date stated on the cover page, the due date/time specified will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal FCPS business operations resume.

3.4. The official time used for receipt of bids is the satellite clock located in the conference room 131 where the bid opening shall occur. This clock is connected by satellite to be the official time of the United States as determined by the National Institute of Standards and Technology (NIST) and U. S. Naval Observatory (USNO).

3.5. A late hand carried bid shall not be considered.

4. The bid opening shall be held at the time specified on the cover page in Room 131.

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5. Bidders are invited to attend the bid opening and requested to not telephone for tabulation.

FCPS staff provides notification following awards by The Board.

6. Contract is effective for 1 year beginning January 1, 2026 and ending December 31, 2026.

Contract may be renewed for four additional one (1)-year terms, up to a total of five (5) years subject to approval of both The Board and successful bidder. Contract prices and discounts shall remain in effect for the entire contract and any agreed upon contract extensions, however additional discounts and/or special pricing are encouraged and may be accepted when consistent with other terms and conditions of the contract. If contract prices are changed during the renewal, offeror must provide new pricing and include sufficient reasoning for the price increase at least 60 days prior to the expiration of the contract.

7. Multiple awards of this contract may be considered if in the best interest of the district.

Bidder agrees to this contract by bidding.

8. Bid shall be awarded to the responsible and responsive bidder as defined in KRS

45A.345, providing the lowest evaluated bid price. To determine lowest evaluated bid price, the following criteria shall be considered:

• Price

9. Unit price shall prevail in calculations. Cash discount allowances for early payment shall not be considered in recommending bid award.

10. Fuel Surcharges and other similar charges are not permitted

11. Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance with the school district in the last 24 months may be found non-responsible and ineligible for award.

12. Tie Bids are low responsive bids from responsible bidders that are identical in price and which meet the requirements and criteria set forth in the Invitation.

Award of Tie Bids shall be determined in the following manner.

1. Local bidders (those with the principle place of business in Fayette County) shall be awarded the bid if all other tie bids are from bidders outside the local area.

2. Should all bidders having tie bids, and having their principle place of business outside of Fayette County, and any one of the bidders has their principal place of business within Kentucky, the tie bidder with their business in Kentucky shall be awarded the bid.

3. Should bidders having tie bids all be from Fayette County, or alternately, should be all from outside Fayette County and are not based in Kentucky, the Bid shall be awarded by lot, to be drawn at designated time and place.

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13. Prices quoted must have decimal point located in the correct position to separate dollars from cents. Bid prices where the decimal point is omitted shall be calculated as dollar amounts.

14. Erasures or the use of typewriter correction fluid on bid forms are unacceptable and may result in rejection of the bid. Prior to submission or openings, errors may be crossed out, corrections entered and initialed by the person signing the bid. Bids shall not be altered or amended after the specified time of opening.

15. Successful bidders shall provide two (2) copies for Safety Data Sheet (SDS) on material covered by OSHA Standard 1910.1200 upon request as a condition of purchase.

16. It is the policy of FCPS that no asbestos-containing materials are to be purchased by the school system, supplied by any person supplying to the school system, or installed in or on school property by any person performing work for the school system. Furthermore, all products marked “May Contain Mineral Fibers” will be presumed to contain asbestos unless the manufacturer provides written certification or Safety Data Sheet (SDS) that no asbestos fibers are present in the product and identifies the fibers for which the product is marked or the supplier presents valid analysis data from an NVLAP-or AIHA-certified laboratory that the material does not contain asbestos.

17. Termination for Default

Either the Purchasing Agent or the Superintendent, as the case may require, may make a written determination that a contractor is in breach of any of the terms and conditions of an existing contract. Said determination shall state that the contractor shall have a period of five (5) working days within which to cure the breach. A copy of said determination shall be filed in the contract file and another copy of said determination shall be forwarded to the contractor in breach of the contract.

Upon receipt of said determination the contractor shall make all good faith efforts to comply with all terms and conditions of the contract and to cure the breach. Alternatively, the contractor may submit a written statement admitting default in breach of the contract. At such time the contract shall be deemed immediately terminated and all rights and obligations there under shall be terminated.

Upon receipt of the contractor’s admission of default and breach or upon the contractor’s failure to cure said breach within five (5) working days of the issuance of the written determination, FCPS shall procure a substitute contractor which shall operate under the remainder of the existing contract breached by the contractor. The original contractor shall be liable for any and all excess costs incurred in the procurement of the substitute contractor.

18. Termination for Convenience

The Purchasing Agent or the Superintendent may make a written determination at any time that the contract shall be terminated for the convenience of FCPS and shall issue a notice of

Bid 71-25 Water Softener Service for Child Nutrition, Page 15 termination therewith. Said notice of termination shall state the date and time upon which termination shall become effective and the extent to which the contract is terminated. A copy of said determination and notice of termination shall be placed in the contract file and a second copy of said determination shall be forwarded to the contractor.

The contractor shall cease performance of the contract upon the date and time set in the written notice of termination. Within ten (10) working days thereafter, the contractor shall issue an itemized statement of any and all services performed; or goods delivered; or construction completed, and said statement shall be paid by the Board according to the procedure set forth in the existing contract.

The determination made by either the Purchasing Agent or the Superintendent, as the case may require, shall be final and conclusive as to the necessity for termination for convenience. No party to an existing contract shall have the right to appeal from said determination as it shall be final and conclusive.

19. By submitting a response to this solicitation bidder acknowledges and swears under penalty of perjury that they have not knowingly violated any provision of campaign finance laws of the Commonwealth per KRS 45A.395.

20. Bidder must furnish all necessary insurance such as:

Workers’ Compensation and Employer’s Liability Public Liability $1,000,000.00 minimum Property Damage $1,000,000.00 minimum.

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CHECKLIST OF ITEMS TO INCLUDE WITH BID SUBMISSION

_______ Cover page completed _______ Name and signature on Page 2 _______ Taxpayer Identification Number (if not a Corporation) _______ Cost Proposal _______ Resident Bidder Affidavit if declaring Resident Bidder Status _______ Completed W9 form _______ Proof of Insurance

Does your company allow EFT? Yes ____ No ____ If yes please send a completed EFT Authorization Form to our Accounts Payable Department upon award of bid.

Thank you for providing this information:

1. [ ] Yes I am a minority owned business. Certified [ ] Not Certified [ ] [ ] No If “yes” please identify type:

African American [ ] Hispanic American [ ] Asian Pacific Islander [ ] Native American [ ]

2. [ ] Yes I am a woman owned business. Certified [ ] Not Certified [ ] [ ] No

If “yes” and certified please include a copy of certification.

3. [ ] Yes I am a veteran owned business. Certified [ ] Not Certified [ ]

If “yes” and certified please include a copy of certification.

4. [ ] Yes I am current employee of the Fayette County Public Schools or a retiree of any [ ] No KY School District?

5. Name of state where your home office/headquarters is located: ______________________ [ ] Yes If not Kentucky, does the state have preferential treatment on bids and RFPs

If Yes, What percentage: ____________%

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SCOPE OF WORK

1. Fayette County Public Schools is soliciting bids for adding salt to water softeners at various locations throughout the district.

2. Salt shall be added at each location once every month except June and July.

3. Contractor is responsible for furnishing skilled labor and tools. Equipment and materials shall be furnished at pricing that is equal to or below pricing available to the general public.

4. Company receiving contract must be an established ongoing entity regularly engaged in similar types of work with an office located within 60 miles of Fayette County. Additionally, company is responsible for total cleanup of all waste materials and must leave the site clean and safe.

5. Site visits to see the type of softener can be arranged by contacting FCPS Child Nutrition

Maintenance Foreman, Rogie Hale, rogie.hale@fayette.kyschools.us, 859-509-8886.

6. Work included under this contract shall be supervised and approved by the FCPS Child Nutrition Maintenance Foreman, Rogie Hale, rogie.hale@fayette.kyschools.us, 859-509- 8886.

7. Contractor shall comply with all federal, state and local safety regulations.

mailto:rogie.hale@fayette.kyschools.us mailto:rogie.hale@fayette.kyschools.us

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FCPS Water softener Locations

Contact: Rogie Hale Maintenance Foreman 859-509-8886 School Address Arlington 122 Arceme Ave.

Athens 930Jouett Creek Drive Breckinridge 2101 St. Mathilda Drive Brenda Cowen 4801 Athens Boonesboro Rd Bryan Station High 201 Eastin Drive Bryan Station Middle 1865 Wickland Drive Cardinal Valley 218 Mandalay Rd Cassidy 1125 Tates Creek Road Clays Mill 2319 Clays Mill Road Coventry Oak 2441 Huntly Place Deep Springs 1919 Brynell Drive Dunbar 1600 Mano War Blvd.

Edythe Hayes 260 Richardson Place Fredrick Douglass 2000 Winchester Road Garden Springs 2151 Garden Springs Drive Garrett Morgan 1150 Passage Mound Way Glendover 710 Glendover Road James Lane Allen 1901 Appomattox Road Jessie Clark 3341 Clays Mill Road Leestown 2010 Leestown Road Lexington Middle 350 N. Limestone Liberty 2585 Liberty Road Mary Britton 2185 Polo Club Blvd.

Mary Todd 551 Parkside Drive Meadowthorpe 1710 North Forbes Road Millcreek 1212 Reva Ridge Way Russell Cave 3375 Russell Cave Road Sandersville 3025 Sandersville Road Southern Elem. 340 Wilson Downing Road Squires 3337 Squire Oak Drive Steam Success Academy 1555 Georgetown Road Stonewall 3215 Cornwall Dr.

Tates Creek Elem 1113 Centre Parkway Tates Creek High 1111 Centre Parkway Tates Creek Middle 1105 Centre Parkway Wellington 3280 Keithshire Way William Wells Brown 555 East 5th street Yates 695 New Circle Road NE.

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RESPONSE SHEET

Monthly price to provide salt to thirty eight school water softeners once per month.

Unit Price per month per school $________________

X 38 Schools _

Total monthly price for all schools $_________________

X 10 months _

Total annual price for all schools $_________________

Price 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).

In accordance with KRS 45A.490 to 45A.494, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident Offeror. In evaluating bids/proposals, Fayette County Public Schools will apply a reciprocal preference against an Offeror submitting a bid/proposal from a state that grants residency preference equal to the preference given by the state of the nonresident offeror. Residency and non-residency shall be defined in accordance with KRS 45A.494 (2) and 45A.494 (3), respectively. Any Offeror claiming Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it meets the criteria as set forth in the above referenced statute.

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PLEDGE OF NON-DISCRIMINATION

_________________________________, is responding to RFP/BID _______ issued Insert Name of Company (hereinafter “Company”) By the Board of Education of Fayette County, Kentucky, and hereby pledges:

(1) No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin sex, genetic information, disability, religion, age, political affiliation, sexual orientation or gender identity in connection with the performance of any contract award by the district on this RFP/BID.

(2) The Company shall provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this Company, including various local small business enterprises;

(3) The Company has been made aware of, understands and agrees to make good faith efforts to solicit MBE/WBEs to do business with this Company in the performance of work on any contract awarded on this RFP/BID.

The Company acknowledges that failure to make a good faith effort may have a negative impact on future contract opportunities.

(Authorized Company Representative Signature) Date

Print Name and Title

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Bid #: ____________________ This affidavit shall be completed if your company is a Kentucky based company.

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT

BIDDER STATUS

FOR BIDS AND CONTRACTS IN GENERAL:

The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding 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:

1. Is authorized to transact business in the Commonwealth;

2. Has for one year prior to and through the date of advertisement

a. Filed Kentucky corporate income taxes;

b. Made payments to the Kentucky unemployment insurance fund established in

KRS 341.49; and

c. Maintained a Kentucky workers’ compensation policy in effect.

FCPS 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.

Signature Printed Name

Title Date

Company Name

Address

Subscribed and sworn to before me by (Affiant) (Title)

Of This _____day of ____________, 20___.

(Company Name)

Notary Public

[seal of notary] My commission expires:

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Bid #: ____________________