EVT0009653_RFQ.docx

Event ID: EVT0009653

SPECIFICATIONS & BID FORM – EVT0009653

Smoky Hill ANG Range Road Rock

The Adjutant General is seeking competitive bids for Smoky Hill ANG Range Road Rock

Bid Closing Date: April 17, 2024 at 2:00PM CST

Submission requirements found within bid specifications.

Questions/Addenda: Questions requesting clarification of the bid must be submitted in writing to the Procurement Officer indicated above:

Before the end of the day, on April 5, 2024 1.

1. Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, http://admin.ks.gov/offices/procurement-contracts.

1.

1. It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time. Bidders are required to check the website periodically for any additional information or instructions.

Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/SCP_PUBLIC_MENU_FL.SCP_PUB_BID_CMP_FL.GBL

It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time. Bidders are required to check the website periodically for any additional information or instructions.

1.

Specifications

Approximately 1,600 tons of 1.5" road rock delivered to Smoky Hill Air National Guard Range, 8429 W Farrelly Rd., Salina, KS 67401-9407. ROCK MUST BE CLEAN WITHOUT FINES. Rock will be direct spread on roads. Cannot exceed total cost of $80,000.00.

1.1. SAM Registration

Since Federal Funds will be used to purchase the supply/services discussed in this RFQ, the entity that receives the award must be registered in SAM (System of Award Management). Registering with SAM is a required step in order for your organization to do business with the Federal Government. SAM is a web-based government-wide application that collects, validates, stores and disseminates business information on the Federal Government’s trading partners.

To register in SAM, go to the SAM website (http://sam.gov) with the following information:

1. DUNs Number

1. Tax Identification Number (TIN) or Employment Identification Number (EIN)

1. A notarized letter stating that you are an authorized entity administrator if this is your first time to register.

SAM also lists those entities that are excluded from receiving Federal Awards. These are commonly known as suspensions and debarments. If a company has an active exclusion in SAM, it cannot be awarded the contract.

1.2. Price

The price quoted will include the cost of the rock and all costs connected with hauling and spreading rock on select roads at Smoky Hill.

1.3. Contractor Requirements

· Coordinate deliveries with Galen Wiens at (316) 759-8514 or email galen.wiens@us.af.mil.

· Provide all equipment, operators, fuel, and other necessary items and expenses necessary to carry out work as specified.

· Rock is to be delivered and spread on roads at designated locations. Trucks may have to wait to spread rock due to military missions.

· Contractor will be asked to provide appropriate weight tickets documenting the amount and date delivered, the weight of the rock and the cost of the load that was hauled. These tickets will be turned over to the Smoky Hill Office upon completion of delivery.

1.4. Payment

Payment will be made on receipt of approved invoice to Smoky Hill ANG Range 8429 W Farrelly Rd., Salina, KS 67401-9407. Invoice must indicate date of delivery, quantities delivered, and price.

2. Cost Sheet Contractor Name: _____________________________________________

Road Rock delivered to Smoky Hill Air National Guard Range.

Total Project Cost $______________

General Requirements

1. Bidders are required to submit the bid form, and one copy of a properly completed “Event Details” document, and all additional documents required by the Event Details. Please read the Event Details carefully. Failure to return additional documents with bid could result in delays of Award.

1. All questions related to this bid event should be directed via email to the Procurement Officer indicated in the Event Details. Answers to questions will be available in the form of an amendment on the Procurement and Contracts’ website:

https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?&

Bidders are required to check the website periodically for any additional changes to specifications or bid opening date and time changes.

Complete specifications and literature on the unit bid shall accompany the bid. Any exceptions to these specifications shall be indicated on the bid or on a separate attachment to the bid, labeled as such.

Any "or equal" or "equivalent" items for brand specified components shall be listed with the bid package. Complete description and literature on the "or equal" components shall be supplied for consideration by Kansas Wildlife and Parks. The burden of proof regarding "or equal" items will be upon the vendor.

NOTE: In order to properly and completely respond to this Proposal, bidders MUST carefully review ALL sections and respond as required.

BID SUBMISSION

1. The Kansas Department of Administration, Office of Procurement and Contracts is currently open to the public and accepting both emailed and hand delivered bids.

1. All emailed bids must be submitted to Procurement@ks.gov. All bids submitted must be received by the Office of Procurement and Contracts by the specific bid closing date and time of 2:00PM CST.

Please note that you will receive an email that your documents were received, if you do not receive an email there may be an issue, please call 785-296-0002 to confirm that your bid package was received electronically.

All hand delivered bids must be received in our office prior to 2:00PM CST on the closing date at the address below to be considered.

Department of Administration Procurement and Contracts

1. Proposal # EVT0009653 Closing Date: April 17, 2023

1. 900 SW Jackson, Suite 451 South Topeka, KS 66612-1286

1. Bids are not considered received until they are date and time stamped in the Office of Procurement and Contracts. The Office of Procurement and Contracts will not be responsible for late deliveries.

It is the responsibility of the bidder to ensure the bid date and time is met and the EVT number and company name is included in the subject line of the email. Bidders are encouraged to submit bids to the above email address no later than 1:45PM on the bid closing date. This allows time for staff to receive the bid and log it into our system prior to the bid closing at 2:00PM CST.

Invitation for Bids (IFB), Requests for Quotations (RFQ) and A-Bids (ARCH) submissions will be publicly read as needed via telecom on the specified Bid Event Closing date beginning at 2:30pm CST.

Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 785-414-8630, 357404169# United States, Topeka, KS Phone Conference ID: 357 404 169# Tab sheet requests for Invitation for Bids (IFB), Requests for Quotes (RFQ) and A-Bids (ARCH) can be requested by emailing tabsheets@ks.gov. Please include the EVT or A-Bid number on your request. Tab sheets will be emailed within five (5) business days of the request.

1. NOTE: In order to respond to this Invitation for Bid, bidders must carefully review all sections and respond as required properly and completely.

For questions regarding confirmation that your bid has been received by the Office of Procurement and Contracts, please call 785-296-2376.

https://admin.ks.gov/offices/procurement-contracts

SIGNATURE SHEET

Item: Smoky Hill Air National Guard Range, Road Rock Agency: Adjutant General’s Office Closing Date: April 17, 2024, 2:00PM By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation ________________________________________

Mailing Address City & State _______________ Zip _________

Toll Free Telephone Local _________________________________

Cell Phone Fax Number ___________________________

Tax Number __________________________ CAUTION: If your tax number is the same as your Social Security Number (SSN), you must leave this line blank. DO NOT enter your SSN on this signature sheet. If your SSN is required to process a contract award, including any tax clearance requirements, you will be contacted by an authorized representative of the Office of Procurement and Contracts at a later date.

E-Mail _______________________________

Signature _____________________________ Date

Typed Name Title In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name ______________________________________________

Mailing Address _____________________ City & State ___________________ Zip ________

Toll Free Telephone __________________ Local __________________

Cell Phone _________________________ Fax Number ______________________

E-Mail ________________________________________ If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Award Contact Name ________________________________

Mailing Address ______________________ City & State ________________ Zip __________

Toll Free Telephone Local ______________________

Cell Phone Email ________________________________

CERTIFICATION OF COMPANY NOT CURRENTLY ENGAGED IN

THE PROCUREMENT OR OBTAINMENT OF CERTAIN EQUIPMENT, SERVICES, OR SYSTEMS

WHEREAS, pursuant to Public Law 115-232, Section 889 of the John S. McCain National Defense Authorization Act of 2019, “covered telecommunications equipment or services” is defined as:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

WHEREAS a “covered foreign country” means any of the following: (1) The People’s Republic of China,

(2) The Russian Federation, or (3) any country that is a state sponsor of terrorism1.

WHEREAS foreign adversaries are increasingly creating and exploiting vulnerabilities in covered telecommunications equipment which store and communicate vast amounts of sensitive information and support infrastructure and emergency services, in order to commit malicious cyber-enabled actions.

WHEREAS the unrestricted acquisition or use in the State of Kansas of covered telecommunications equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in technological equipment, services, or systems; and WHEREAS, the State of Kansas has an interest in protecting itself against threats related to foreign adversary’s exploitation of vulnerabilities in covered telecommunications equipment.

THEREFORE, Contractor certifies that it shall not provide or procure to the State of Kansas or any agency thereof any covered telecommunications equipment either in whole or in part of any product or during the commission of any service.

FURTHERMORE, and notwithstanding any other contracts or agreements with Contractor, if Contractor has violated, misrepresented, or otherwise fails to comply with this certification document as determined by the State, the State may terminate any contract without penalty with Contractor immediately.

By signing the below, Contractor acknowledges and agrees to comply with the provisions of this policy.

CONTRACTOR

Signature, Title Date

1 Designations of a “state sponsor of terrorism” may be found at the U.S. Department of State website at: https://www.state.gov/state-sponsors-ofterrorism/#:~:

text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For%20more%20details%20about% 20State,in%20Country%20Reports%20on%20Terrorism.

TAX CLEARANCE INSTRUCTIONS

A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (KDOR) Director of Taxation. Information pertaining to a Tax Clearance is subject to change(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s).

To obtain a Tax Clearance Certificate, you must:

· Go to http://www.ksrevenue.org/taxclearance.html to request a Tax Clearance Certificate

· Return to the website the following working day to see if KDOR will issue the certificate

· If issued an official certificate, print it, and attach it to your signed renewal document

· If denied a certificate, engage KDOR in a discussion about why a certificate wasn’t issued

Per KSA 75-3740-(c), the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Secretary of the Kansas Department of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine a bidder’s tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information.

Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day. Tax clearance requests may be denied if the request includes incomplete or incorrect information.

Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate.

Information about Tax Registration can be found at the following website:

http://www.ksrevenue.org/busregistration.html

CERTIFICATION REGARDING

IMMIGRATION REFORM & CONTROL

Policy Regarding Sexual Harassment WHEREAS sexual harassment and retaliation for sexual harassment claims are unacceptable forms of discrimination that must not be tolerated in the workplace; and WHEREAS state and federal employment discrimination laws prohibit sexual harassment and retaliation in the workplace; and WHEREAS officers and employees of the State of Kansas are entitled to working conditions that are free from sexual harassment, discrimination, and retaliation; and WHEREAS the Governor and all officers and employees of the State of Kansas should seek to foster a culture that does not tolerate sexual harassment, retaliation, and unlawful discrimination.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order as follows:

1. All Executive Branch department and agency heads shall have available and shall regularly review and update at least every three years or more frequently as necessary, their sexual harassment, discrimination, and retaliation policies. Such policies shall include components for confidentiality and anonymous reporting, applicability to intern positions, and training policies.

1. All Executive Branch department and agency heads shall ensure that their employees, interns, and contractors have been notified of the state’s policy against sexual harassment, discrimination, or retaliation, and shall further ensure that such persons are aware of the procedures for submitting a complaint of sexual harassment, discrimination, or retaliation, including an anonymous complaint.

1. Executive Branch departments and agencies shall annually require training seminars regarding the policy against sexual harassment, discrimination, or retaliation. All employees shall complete their initial training session pursuant to this order by the end of the current fiscal year.

1. Within ninety (90) days of this order, all Executive Branch employees, interns, and contractors under the jurisdiction of the Office of the Governor shall be provided a written copy of the policy against sexual harassment, discrimination, and retaliation, and they shall execute a document agreeing and acknowledging that they are aware of and will comply with the policy against sexual harassment, discrimination, and retaliation.

1. Matters involving any elected official, department or agency head, or any appointee of the Governor may be investigated by independent legal counsel.

1. The Office of the Governor will require annual mandatory training seminars for all staff, employees, and interns in the office regarding the policy against sexual harassment, discrimination, and retaliation, and shall maintain a record of attendance.

1. Allegations of sexual harassment, discrimination, or retaliation within the Office of the Governor will be investigated promptly, and violations of law or policy shall constitute grounds for disciplinary action, including dismissal.

1. This Order is intended to supplement existing laws and regulations concerning sexual harassment and discrimination and shall not be interpreted to in any way diminish such laws and regulations. The Order provides conduct requirements for covered persons and is not intended to create any new right or benefit enforceable against the State of Kansas.

1. Persons seeking to report violations of this Order, or guidance regarding the application or interpretation of this Order, may contact the Office of the Governor regarding such matters.

Agreement to Comply with the Policy Against Sexual Harassment, Discrimination, and Retaliation.

I hereby acknowledge that I have received a copy of the State of Kansas Policy Against Sexual Harassment, Discrimination, and Retaliation established by Executive Order 18-04 and agree to comply with the provisions of this policy.

Signature and Date Printed Name

CERTIFICATION OF COMPANY

NOT CURRENTLY ENGAGED IN A BOYCOTT OF GOODS or SERVICES FROM ISRAEL

In accordance with HB 2482, 2018 Legislative Session, the State of Kansas shall not enter into a contract with a Company to acquire or dispose of goods or services with an aggregate price of more than $100,000, unless such Company submits a written certification that such Company is not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the State.

As a Contractor entering into a contract with the State of Kansas, it is hereby certified that the Company listed below is not currently engaged in a boycott of Israel as set forth in HB 2482, 2018 Legislature.

Printed

1. Contractual Provisions Attachment DA-146a Rev. 07/19

3.1. Important

The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of _________________, 20____.

3.2. Terms Herein Controlling Provisions

It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

3.3. Kansas Law and Venue

This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3.4. Termination Due to Lack of Funding Appropriation

If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

3.5. Disclaimer of Liability

No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).

may be canceled, terminated, or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

3.7. Acceptance of Contract

This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

3.8. Arbitration, Damages, Warranties

Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

3.9. Representative's Authority to Contract

By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

3.10. Responsibility for Taxes

The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

3.11. Insurance

The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

3.12. Information

No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101, et seq.

3.13. The Eleventh Amendment

"The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."