Final_RFB_025_2400000092_1_SO_FORM.PDF

Document ID: RFB 025 2400000092 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: RFB FOR CUSTOM FILE FOLDERS AND ACCESSORIES

Date Issued:

08/25/2023 Record Date:

08/25/2023

Solicitation Closes Date:

09/06/2023 Time:

15:30

Solicitation No:

RFB 025 2400000092

Online Bidding Prohibited: Yes For Information Call:

Brandy Cook 502-573-2350

Bid Receiving Location:

Administrative Office of the Courts Purchasing 1001 Vandalay Drive

Frankfort KY 40601

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 025 2400000092 Page: 2

Line Items

Commodity Group: Default

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 CUSTOM FILE FOLDERS AND

ACCESSORIES

1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

61545 File Folders, Regular, Legal and Letter Sizes

Extended Description The Kentucky Administrative Office of the Courts (AOC) issues this solicitation with the intent of contracting with a single vendor to provide Custom File Folders and Accessories to be utilized by the Kentucky Court of Justice (KCOJ).

Shipping Information Administrative Office of the Courts

1001 Vandalay Drive

Frankfort KY 40601

Billing Information Administrative Office of the Courts

1001 Vandalay Drive

Frankfort KY 40601

Document ID: RFB 025 2400000092 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item Proposed Cost Solution. Submit electronically by Closing Date & Time.

Table of Contents

Section 1 – Advertisement

1.00 Purpose and Background

1.01 Invitation

1.02 Scope of Nonprofessional Services

1.03 Responsibilities of the AOC

Section 2 – Administrative Overview

2.00 Issuing Office

2.01 Method of Award

2.02 Schedule of RFB Activities

2.03 Duty to Inquire

2.04 Bidder Responsible for Bid Language

2.05 Instructions and Restrictions on Communications

2.06 Bid Package Addenda

2.07 Offer of Gratuities

2.08 Bid Submittal

2.09 Bid Withdrawal

Section 3 – Procurement Rules and Requirements

3.00 Rules of Procurement

3.01 AOC Not Responsible for Preparation Costs

3.02 Waiver of Minor Irregularities

3.03 Best and Final Offers

3.04 Clarification of Bids

3.05 Bidder Response and Public Inspection

3.06 Certificate of Authority

3.07 Bidder’s Exception to Specifications

3.08 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Section 4 – Development of the Bid

4.00 Format of Bid

Tab 1 – Transmittal Letter Tab 2 – Signed Solicitation and Addendum Tab 3 – Certificate of Authority Tab 4 – References Tab 5 – Bid Form

4.01 Equal Products

4.02 Taxes

4.03 Bids to be Firm

4.04 Bidder’s Representations

Section 5 – RFB Evaluation

5.00 Bid Evaluation

5.01 Responsibility of the Bidder

Section 6 - Award of Contract

6.00 Method of Award

6.01 Collusive Bids

6.02 Rejection of All Bid Responses

6.03 Agreement between Parties

6.04 Protest

Section 7 - Contract Terms

7.00 Effective Date

7.01 Contract Components and Order of Precedence

7.02 Contract Term and Renewal Option

7.03 Changes and Modifications to the Contract

7.04 Notices

Document Description Page 4

2400000092 RFB FOR CUSTOM FILE FOLDERS AND ACCESSORIES

7.05 Addition or Deletion of Items of Service

7.06 Delivery, Transportation and Packaging

7.07 Inspection

7.08 Penalty for Late Delivery

7.09 Service Performance

7.10 Personnel

7.11 Permits and Licenses

7.12 Purchasing and Specifications

7.13 Confidentiality of Data

7.14 Advertising

7.15 Invoices for Fees

7.16 Terms for Prompt Payment

7.17 Travel Expenses

7.18 Other Expenses

7.19 Cancellation

7.20 Cancellation for Default

7.21 Termination for Convenience of the AOC

7.22 Termination Notice

7.23 Termination - Contractor Responsibilities

7.24 Funding Out Provision

7.25 Force Majeure

7.26 Assignment

7.27 Indemnification

7.28 Choice of Law and Forum

7.29 Authorized to do Business in Kentucky

7.30 Conflict-of-Interest Laws and Principles

7.31 Access to Records

7.32 Equal Employment Compliance

7.33 Independent Contractor Status and Social Security

7.34 Report of Prior Violations of Tax and Employment Laws

REQUEST FOR BIDS

and

INSTRUCTIONS TO BIDDERS

Kentucky Court of Justice Administrative Office of the Courts

Custom File Folders and Accessories

RFB # 025 2400000092

This document constitutes a Request for Bids (RFB) for Custom File Folders and Accessories as described herein and in the attachments hereto.

Document Description Page 5

A contract based on this RFB may or may not be awarded by the Kentucky Administrative Office of the Courts (AOC). Any contract award from this RFB is invalid until properly approved and executed by the AOC.

DEFINITIONS

The term “solicitation” means Request for Bids (RFB).

The term “offer” means a bid.

The Term “AOC” means the Administrative Office of the Courts.

The term “KCOJ” means the Kentucky Court of Justice.

SECTION 1 – ADVERTISEMENT

1.00 Purpose and Background

A. Purpose

The Kentucky Administrative Office of the Courts (AOC) issues this solicitation with the intent of contracting with a single vendor to provide Custom File Folders and Accessories to be utilized by the Kentucky Court of Justice (KCOJ).

B. Background

Since the founding of the Commonwealth, the Judicial Branch has been an independent branch of government, separate from the Executive and Legislative branches and from county and city governments. The Judicial Article to the Kentucky Constitution, passed in 1975 and effective in 1976, established Kentucky’s current unified court system. The 1975 Judicial Article created the Supreme Court of Kentucky and made the Chief Justice of the Commonwealth the administrative head of the state court system, also known as the Kentucky Court of Justice.

The Kentucky Court of Justice (KCOJ) is comprised of two trial courts, Circuit Court and District Court, and two appellate courts, the Court of Appeals and the Supreme Court. The Administrative Office of the Courts (AOC) is the administrative and operational arm of the KCOJ. The responsibilities of the AOC include administering the judicial branch budget;

building and maintaining court facilities; maintaining court statistics; providing technology services for the KCOJ; providing educational programs for judges, circuit court clerks, and support staff; providing specialty courts and other statewide programs; and administering personnel policies and payroll. The AOC issues solicitations and enters into contracts to purchase goods and services needed throughout the KCOJ.

0.01 Invitation

Sealed bids will be received by the AOC Department of Financial Services, Division of Procurement, 1001 Vandalay Drive, Frankfort, Kentucky 40601 in the manner and on the date hereinafter specified for Custom File Folders and Accessories for the Kentucky Court of Justice.

0.02 Scope of Nonprofessional Services and/or Goods to be Rendered

The successful Bidder shall provide file folders and accessories as needed to the AOC for use in offices throughout the KCOJ. The Master Agreement will establish a price catalog for file folders and accessories. Delivery Orders will be issued to the successful Bidder on an as-needed basis for file folders and accessories at the price established in the Master Agreement.

The award of a Master Agreement does not imply or guarantee that any Delivery Orders will be issued to the successful Bidder or that the annual purchases will total any estimated amount.

Bidder must be able to provide file folders and accessories meeting the specifications below:

Document Description Page 6

Custom File Folders:

# Custom file folders suitable for holding legal documents

# Sturdy and durable construction to withstand long-term use

Color, Cut and Fastener Positions for Folders:

# Mandated colors: white, light blue, red, orange, black, yellow, tan, dark blue, dark green, and purple # Top, side and end tab options

# Fastener and divider positions to be specified in customer’s order

# Letter and legal-size options Expandable options with dividers Custom Printed Color-Coded Year Strip Labels

# Year strip labels indicating the case file’s creation year and case number

# Clear and legible printing for easy identification

Additional Standard Items

# See Exhibit A for additional standard items needed

0.040.03 Responsibilities of the AOC

The AOC will monitor the performance of the contract at a time to be determined after a bid has been awarded.

END OF SECTION 1

SECTION 2 – ADMINISTRATIVE OVERVIEW

2.00 Issuing Office

The AOC Office of Financial Services, Division of Procurement is the only entity authorized to change, modify, amend, alter or clarify the specifications and the terms and conditions of this

RFB.

2.01 Method of Award

Award shall be issued on the lowest responsive bid by a responsive, responsible Bidder.

2.02 Schedule of RFB Activities

Release of RFB August 25th 2023 Written Questions Due August 30th 2023 Anticipated AOC Response to Written Questions September 1st 2023 Bids Due by 3:30 p.m. Eastern Time September 6th 2023 Bidders Notified of Award – Anticipated September 8th 2023 Contract Execution - Anticipated September 15th 2023

All bids must be electronically received in the Department of Financial Services – Division of Procurement no later than the due date and time defined in this RFB.

Document Description Page 7

****NOTE: ALL TIME REFERENCES ARE EASTERN TIME ZONE.****

2.03 Duty to Inquire

Bidder, by submitting a bid, represents that it has read and understands the RFB, and that its bid is made in compliance with the RFB. Bidders should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the RFB. Failure to do so will be at the bidder’s risk. Bidder assumes responsibility for any patent ambiguity in the RFB that bidder does not bring to the AOC’s attention.

2.04 Bidder Responsible for Bid Language

All bids submitted shall be deemed to have been made with the full knowledge of all of the terms, conditions, provisions, specifications and requirements contained in this bid package and any addenda thereto.

Each Bidder has the responsibility of delivering his/her bid by the time and at the place prescribed in this bid package. Bids received prior to the closing for receipt of bids will remain unopened until the time scheduled for opening bids. Any bid received after the date and time specified in this bid package may be rejected and returned unopened to the Bidder.

The AOC shall not have any liability to a Bidder due to the failure of such bid to be properly addressed or marked, or the premature opening of such a bid due to the improper address.

Neither the bids nor their contents will be made available for public information or inspection until a determination of a successful bidder has been made and award is final.

2.05 Instructions and Restrictions on Communications

The office listed below shall be the sole point of contact throughout the procurement process:

Administrative Office of the Courts Department of Financial Services, Division of Procurement 1001 Vandalay Drive Frankfort, KY 40601 Solicitation@kycourts.net

ALL communication attempts by the bidder, requests for approval of equal products, questions or requests for explanation concerning the meaning or interpretation of the RFB instructions, specifications, etc., shall be submitted in writing via email to solicitation@kycourts.net on or before August 30th 2023.

The AOC will respond to salient questions in writing by issuing an amendment to the RFB. No addenda of a material nature shall be issued later than seven (7) calendar days prior to the date for receipt of bids, except for addenda postponing the date for receipt of bids or withdrawing the

RFB.

Potential bidders should clearly understand that any verbal representation made or assumed to be made during any verbal discussions held between bidder’s representatives and any KCOJ employee or official is not binding on the AOC. All communications concerning this procurement shall be addressed to the below email:

Solicitation@kycourts.net

All questions and inquiries must be submitted electronically to Solicitation@kycourts.net. No phone calls will be accepted nor will voicemails be returned.

From the issue date of this RFB until a Contractor is selected and the selection is announced, bidders are not allowed to communicate with any KCOJ employees or

Document Description Page 8

2400000092 RFB FOR CUSTOM FILE FOLDERS AND ACCESSORIES

mailto:Solicitation@kycourts.net mailto:solicitation@kycourts.net mailto:Solicitation@kycourts.net officials concerning this RFB except for the AOC Department of Financial Services, Division of Procurement.

The AOC reserves the right to reject the bid of any bidder who violates this provision.

2.06 Bid Package Addenda

This bid package may be supplemented or amended at any time by appropriate addenda which will be mailed to all known bid package holders and will be posted to the eProcurement website.

Addenda may also be necessary after the receipt date and will be sent to all Bidders who have submitted a bid. It shall be the Bidder’s responsibility to verify all addenda prior to submittal of response by viewing https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService.

2.07 Offer of Gratuities

By submission of bid, the Bidder certifies that no elected or appointed official or employee of the Kentucky Court of Justice or AOC has or will benefit financially or materially from this procurement.

2.08 Bid Submittal

Bid Receipt Closing Date: September 6th 2023 at 3:30 p.m. Eastern Time

Bidders must submit the proposal electronically to the following email address:

Solicitation@kycourts.net

The Subject Line shall contain the following information:

Sealed Request for Bid No: RFB # 025 2400000092

Bid Receipt Closing Date: September 6th 2023

The bid must be received before the specified closing hour and date for receipt of bids. All bids are time stamped showing the hour and date officially received. A bid received after the hour and date specified for receipt of bids is a “late bid” and must not be considered for award of contract, unless all of the following apply:

1. The need of the AOC is determined to preclude the re-solicitation of bids or offers;

2. No bids or offers are received other than the late bid or offer and it is postmarked before the date specified in the solicitation or has been logged into the courier’s tracking system before the bid closing time; and

3. The bid or offer is evaluated and found to serve the best interest of the KCOJ.

Bidder assumes full responsibility for timely delivery of the bid in compliance with the above described procedures and conditions. Facsimile bids will not be considered.

2.09 Modification or Withdrawal of Bids

A bid may be modified or withdrawn by electronic or written notice received prior to the hour and date specified for receipt of bids or offers. A bid may also be withdrawn in person by a bidder or an offeror or authorized representative, if the representative’s identity is made known and the representative signs a receipt for the bid, but only if the withdrawal is made prior to the hour and date set for receipt of bids. An electronic modification may not mention unit prices or total price but may only refer to percentage change or numerical change. Withdrawal of a bid after closing is permitted only if clear and convincing evidence indicates that a bidder has made a bona fide error in the preparation of a bid and the error will result in substantial loss to the bidder. Proof

Document Description Page 9 must be submitted to substantiate error and loss to the reasonable satisfaction of the Division of Procurement.

END OF SECTION 2

SECTION 3 – PROCUREMENT RULES AND REQUIREMENTS

3.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

3.01 AOC Not Responsible for Preparation Costs

The AOC will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any bid.

3.02 Waiver of Minor Irregularities

The AOC reserves the right to reject any bids and to waive informalities and minor irregularities in bids received.

3.03 Best and Final Offers

The AOC reserves the right to request a Best and Final Offer (BAFO) for bids. Bidders are cautioned to bid their best possible offers at the outset of the process, as there is no guarantee that any bidder will be allowed an opportunity to submit a BAFO.

3.04 Clarification of Bids

The AOC reserves the right to request additional information as may reasonably be required for selection, and to reject any bids for failure to provide additional information on a timely basis.

The AOC reserves the right to conduct discussions with any bidder who has submitted a bid to determine the bidder’s qualifications for further consideration. Discussions shall not disclose any information derived from bids submitted by other bidders.

Any explanation or questions desired by a bidder regarding the meaning or interpretation of the RFB shall be submitted in writing not less than nine (9) calendar days prior to the bid opening date to solicitation@kycourts.net.

Verbal explanations, representations, or instructions shall not be binding on the AOC. Any information given to a prospective bidder concerning a solicitation shall be furnished to all prospective bidders by being posted at . https://emars311.ky.gov/webapp/vssprdonline3111d/ AltSelfService.

All questions and inquiries must be submitted electronically. No phone calls will be accepted nor voicemails returned.

3.05 Bidder Response and Public Inspection

The RFB specifies the format, required information and general content of bids to be submitted.

The AOC will not disclose any portions of the bids prior to contract award to anyone outside of the KCOJ, except representatives of the Federal government, if required.

After a contract is awarded in whole or in part, the AOC shall have the right to duplicate, use, or publicly disclose all bid data submitted by bidders in response to this RFB that is not designated by the bidder as proprietary. To designate information as proprietary, the bidder shall mark each and every page it wishes to so designate with the word “Proprietary”.

3.06 Certificate of Authority

Document Description Page 10 mailto:solicitation@kycourts.net

A domestic corporation submitting a bid must be in good standing in accordance with the requirements of the Kentucky Secretary of State.

In comity with KRS 45A.480(1)(b), the AOC will not award a contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid opening.# Foreign entities should submit a copy of their certificate with their RFB response or as soon as possible thereafter, but in no case later than fourteen (14) days after the bid opening date. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its RFB response.

“Foreign entity” is defined within KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the AOC within the time frame identified above, the foreign entity’s RFB response shall be deemed non-responsive or the awarded contract shall be cancelled.# Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx.

3.07 Bidders’ Exception to Specifications

If a bidder takes exception to any part of the specifications as set forth in this solicitation, the bidder must note and explain the exception in the Transmittal Letter included in the bid. If no exceptions are noted or set forth, the AOC is assured that the bidder guarantees to furnish and deliver the product as specified, at the price bid. Unless a request for their return is made within thirty (30) days of award of contract, all samples, if applicable, shall become property of the

AOC.

3.08 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Prices quoted or negotiated in response to this solicitation shall remain firm for initial period of the resulting contract. After the initial term of the contract, prices are subject to revision which may be either an increase or decrease. Such revisions may be requested by either of the contracting parties and must be requested in writing. The party to whom the request is presented must notify the requesting party of its decision within thirty (30) days after receipt of the request or satisfactory supporting documentation whichever occurs later. In the event the requested revision is refused, the requesting party shall have the right to decline to extend the contract for additional periods, without prejudice.

3.09 Single Bid Submission

A bidder may not submit more than one response to this solicitation and may not propose more than one model or brand for each listed item in the solicitation. Multiple or alternate bids offering more than one bid prices in the total or by line item will be rejected.

END OF SECTION 3

SECTION 4 – DEVELOPMENT OF THE BID

4.00 Format of Bid

The bid must be arranged and labeled with tabs separating the information provided in the manner set forth below. Failure to arrange and label the submittal in this manner may result in rejection of the bid. Bidders shall set forth full, accurate, and complete information as required by the RFB.

Bids that contain a bidder’s own special terms and conditions in conflict with the terms of the RFB or any applicable Kentucky law may be rejected.

TAB 1 - TRANSMITTAL LETTER

Document Description Page 11

2400000092 RFB FOR CUSTOM FILE FOLDERS AND ACCESSORIES

http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A01/070.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx

Provide a letter on bidder’s letterhead and signed by an agent authorized to bind the offeror. If the Transmittal Letter is not signed, the bid may be deemed non-responsive. The Transmittal Letter shall include the following:

~The name, address, telephone number, fax number and email address and website address, if available, of the contact person to serve as a point of contact during the bid process.

~List of all owners, board members or other individuals with a controlling interest in the company.

~A statement affirming that the offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

~Foreign entity’s organization number issued by the Kentucky Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

~Subcontractor information to include name of company, address, telephone number, contact name, product/services to be provided, percentage of project to be completed by the subcontractor, and a professional reference letter for each subcontractor, if applicable.

~A statement certifying that to the best of its knowledge and belief, the bidder and/or its subcontractors or any of their Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

~A statement certifying that the prices in this bid were arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other offeror or with any competitor.

~A statement that the contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, and will not be communicated to any such person prior to the bid opening.

~A statement that the bidder is legally eligible to enter into a contract with the AOC and the award of a contract shall not create any conflict of interest.

~A statement that, if awarded a contract as a result of this Solicitation, the offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by the Kentucky AOC.

~A statement designating pages with proprietary information included, if applicable.

~A statement affirming that the offeror has the ability to meet all requirements of the RFB upon submission of the bid.

~A statement explaining any deviations or exceptions the bidder has to the requirements, terms and conditions in the RFB, if applicable.

The Transmittal Letter MUST NOT include any cost/pricing information. Cost information must only be provided in the Bid Form.

TAB 2 – SIGNED SOLICITATION AND ADDENDUM

An authorized representative of the bidder MUST complete and sign the Solicitation form (Page 1 of the Solicitation). Failure to sign shall render bid invalid.

“Vendor” box and “Remit To” box must be completed.

Vendor shall indicate ownership type and “Additional Vendor Information” Vendor shall complete “FEIN” if applicable.

Vendor shall provide date the form is completed and signed.

Signed face of most recent Addendum, if applicable, must also be included in this Tab.

TAB 3 – CERTIFICATE OF AUTHORITY

Pursuant to KRS 14A.1-070, a "foreign entity" is any corporation, not-for-profit corporation, cooperative, association, business or statutory trust, partnership, limited partnership, or limited liability company not: (a) organized pursuant to the laws of the Commonwealth of Kentucky; or

(b) as to its internal affairs, governed by the laws of the Commonwealth of Kentucky.

Document Description Page 12

In this Tab, any offeror who is not a foreign entity under the definition provided in KRS 14A.1-070 shall declare that it is not a foreign entity. Any offeror meeting the definition of a foreign entity shall:

1. Provide a copy of its certificate of authority; or

2. Detail the steps taken to ensure that a certificate will be provided within the time frame below; or

3. Identify any applicable exception under KRS 14A.9-010, if the offeror believes that an exception applies.

In comity with KRS § 45A.480(1)(b), the AOC will not award a contract to an offeror that is a foreign entity required by KRS § 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS § 14A.9-030 unless the offeror produces the certificate within fourteen (14) days of the bid opening.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the AOC within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled. Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx.

TAB 4 - REFERENCES

Offerors must provide a minimum of three (3) references from current customers.

The following information is required for each reference:

- Customer name

- Customer address

- Contact person

- Contact person’s title

- Contact person’s phone number

- Contact person’s email address

- Sales volumes

- Description of services provided

- Reference letter (if possible)

TAB 5 – BID FORM

All cost information shall be submitted on the Bid Form attached as Exhibit B. All blanks in the Bid Form shall be completed and any required support data shall be furnished.

Bids should be provided as a percentage off the list price. If required in the Bid Form, sums shall be expressed in both words and numerical figures. In the case of discrepancy between the two, the amount in words shall prevail.

The authorized representative of the bidder who signed the Transmittal Letter shall initial any alteration or erasure in ink.

Cash discounts shall not be considered in making the award of the contract.

Trade discounts shall be deducted by the bidder in calculating the unit price quoted, unless otherwise stated.

Quantity discounts shall be included in the price of the item. The unit price shown on the bid form shall be the net price less the discount unless otherwise stated.

Bidders shall state a definite time for delivery of supplies or performance of services if requested, unless otherwise specified in the RFB.

****NOTE: It is not necessary to complete the blanks in Section 7, Contract Terms, below. Those items must be completed upon contract award.****

Document Description Page 13

2400000092 RFB FOR CUSTOM FILE FOLDERS AND ACCESSORIES

http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx

4.01 Equal Products

Unless otherwise indicated, the materials, products or equipment described or referenced by manufacturers’ or names, trade names and catalog numbers are intended to establish a standard of required function, dimension, appearance and quality. Unless otherwise stated, equal items may be furnished if approved by the AOC.

Bidder may make requests for prior approval of equal products or substitutions in writing consistent with subsection 2.05, above. Such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including all information necessary for an evaluation.

The burden of proof of the merit of the proposed substitution is upon the proposer. If the AOC approves a proposed substitution prior to the receipt of bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

Items which do not require prior approval for equal products or substitutions may be included in the Bid. The AOC reserves the right to reject any such item if its specifications are determined not to be equal to the requested product. If the AOC rejects any such item, the Bidder shall provide the requested product or approved equal at the bid price for that line item.

4.02 Taxes

Do not include Federal Excise Taxes, Kentucky Sales Tax, or Kentucky Use Tax in price quoted in response to this RFB. Sales of tangible personal property or services to the Commonwealth of Kentucky and its constitutional agencies, including the AOC, are not subject to these taxes.

4.03 Bids to Be Firm

The bid shall be firm in offer and conform substantially to the advertised terms, plans and specifications. Any qualifications or reservation imposed by a bidder in the bid retaining the option of accepting, modifying or rejecting an offered contract shall be cause to render the bid not firm and ineligible for consideration of award. Any bid in response to the RFB that includes terms contrary or in addition to those in the RFB may be considered non-responsive and may be rejected by the AOC.

The bidder shall make no stipulations on the Bid Form nor qualify the bid in any manner.

4.04 Bidder’s Representations

Each bidder, by submitting a bid, represents that:

(a) The bid amount has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other contractor, vendor of materials, supplies, equipment or services described in the RFB, that is designed to limit independent bidding or competition.

(b) The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, and will not be communicated to any such person prior to the bid opening.

(c) The bidder is legally eligible to enter into a contract with the AOC and the award of a contract shall not create any conflict of interest.

(d) Neither the bidder, nor its subcontractors, nor any of their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency. “Principals”, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions).

Document Description Page 14

END OF SECTION 4

SECTION 5 - RFB EVALUATION

5.00 Bid Evaluation

The AOC shall conduct a comprehensive, fair, and impartial evaluation of all bids. The AOC may reject any bid that is incomplete or in which there are significant inconsistencies or inaccuracies. The AOC reserves the right to reject all bids.

Each bidder is responsible for submitting all relevant, factual and correct information with their bid.

Past bidder performance may be considered in the award of this Contract. Bidders with a record of poor performance may be found non-responsible and ineligible for award.

5.01 Responsibility of the Bidder

The AOC may, at any time, make a supplemental investigation of the responsibility of any bidder. This may include investigation of the bidder’s financial responsibility, capacity to produce or source of supply, performance record in the business or industry, compliance with state health rules and regulations, and any other matter related to the bidder’s probable ability to deliver in the quantity and at the time required by a contract.

If the AOC concludes on the basis of all available evidence that a particular bidder does not appear sufficiently responsible to assure adequate performance, the bidder’s response may be rejected.

END OF SECTION 5

SECTION 6 – AWARD OF CONTRACT

6.00 Method of Award

The AOC intends to award the contract to the lowest responsive, responsible bidder. However, the AOC reserves the right to reject any or all bids in whole or in part and to waive informalities and minor irregularities in bids received based on the best interest of the AOC. In the event that no complete bids are received, and it is determined to be in the KCOJ’s best interest, the AOC reserves the right to award based on item by item awards.

6.01 Collusive Bids

If it is determined in writing by the AOC that there are reasonable grounds to believe that bidders have agreed to restrain competitive bidding by establishing a fixed price on commodities or equipment sought to be purchased by the AOC, or by any other means, the bids of all such bidders shall be rejected, and the bidders barred from further bidding for a period of time considered appropriate.

a. If collusion is suspected among any bidders, a written notice of the facts giving rise to such suspicion shall be transmitted to the Attorney General.

b. All documents involved in any procurement in which collusion is suspected shall be retained by the AOC until the Attorney General gives notice that they may be released, and shall be made available to the Attorney General or designee upon request.

6.02 Rejection of All Bid Responses

If it is in the AOC’s best interest, as determined in writing by the Division of Procurement, an RFB may be cancelled and an RFB reissued containing the same or revised specifications, terms and conditions. If time does not permit or if an emergency exists, the AOC may purchase

Document Description Page 15 the items or nonprofessional services on a negotiated basis. The rejection of all bids and selection of the negotiated method of purchase shall be fully documented in the bid file.

6.03 Agreement between Parties

By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the RFB.

The AOC shall not be required to enter into or sign further agreements, company orders or other documents to complete the Agreement.

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 RFB.

6.04 Protest

Only the Director of the AOC, or designee, has authority to determine protests and other controversies of actual or prospective bidders in connection with the RFB or selection for award of a Contract.

Only prospective bidders may file a protest to the content of solicitation documents. A prospective bidder is a vendor that has a direct economic interest that will be impacted by the award of the contract or failure to award a contract; and that demonstrates it had a substantial chance of obtaining the award. Protests to solicitations must be filed before the protestor actually submits a bid or proposal. Submission of a bid or proposal will constitute a waiver of all objections to the solicitation once the bid or offer is opened.

A bidder is presumed to have knowledge of the facts giving rise to any potential protest of a solicitation on the date the solicitation, or modification to it, was posted to the Commonwealth of Kentucky’s eProcurement website.

Only an actual bidder, who is aggrieved in connection with the RFB or selection for award of a Contract, may file protest with the AOC Department of Financial Services, Division of Procurement.# Actual bidders may request bid information after the notice of award has been issued but prior to finalization of a contract by email to solicitation@kycourts.net. No proprietary information will be provided.

A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. The two week period does not include the day on which the alleged basis for protest arises, and if the two week period ends on a weekend or legal holiday, the period will be extended to the next workday. No extensions will be made due to a legal holiday occurring at any point within the two weeks other than the ending day. All revisions, supplements, or additional information must be submitted with the two week period.

A bidder is presumed to have knowledge of the award of contract on the date of the email from AOC Department of Financial Services, Division of Procurement advising that the contract has been awarded. Bidders who require additional information about the award of the bid or bid documents must contact solicitation@kycourts.net.

Department of Financial Services, Division of Procurement Administrative Office of the Courts 1001 Vandalay Drive Frankfort, KY 40601 Phone #: (502) 573-2350

A protest must be in writing and delivered to the AOC Director’s office within the applicable timeframe. Facsimile transmission or emails will not be accepted.

Document Description Page 16 mailto:solicitation@kycourts.net

Protests must contain the following information:

a) contact information of the protestor;

b) information sufficient to identify the contract awarded;

c) detailed statement of the legal and factual grounds for the protest, including a description of the prejudice resulting to the protestor;

d) copies of documents the protestor believes are necessary to assess the factual or legal basis of the protest;

e) statement of the form of relief requested;

f) date the facts giving rise to the protest became known to the protestor; and

g) all relevant factual information establishing the timeliness of the protest.

Failure to include any of the above information will result in denial of the protest solely on that basis.

New factual allegations, legal arguments, or additional grounds of protest made in submissions after the initial protest will be disregarded as untimely without a new and separate showing of timeliness.

The Director of the AOC will promptly issue a decision in writing.# A copy of that decision will be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Director of the AOC shall be final and conclusive.

END OF SECTION 6

SECTION 7 - CONTRACT TERMS

7.00 Effective Date

The contractor shall not commence any billable work until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

7.01 Contract Components and Order of Precedence

It is mutually agreed by and between the AOC and the contractor that the AOC’s acceptance of the offeror’s bid shall create a contract between the parties thereto containing the following:

1.Any written Agreement between the Parties;

2.Any Addenda to the RFB;

3.The RFB and all attachments hereto;

4.Any Best and Final Offer;

5.The Contractor’s bid in response to the RFB.

In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above.

7.02 Contract Term and Renewal Option

The initial term of the Contract shall be one year. Rates and prices shall be firm for the original term of the agreement.

Upon expiration of the initial term, the contract may be renewed for period for four (4) additional one-year periods. Each extension must have the written approval of the contractor and the

AOC.

Document Description Page 17

AOC reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The contractor 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 decline to renew the contract for additional periods.

7.03 Changes and Modifications to the Contract

No modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the AOC, and incorporated as a written amendment prior to the effective date of such modification or change. If the contractor finds at any time that existing conditions make modification in requirements necessary, they shall promptly report such matter to the AOC for consideration and decision. Modification shall be subject to prior approval from the Director of the AOC or authorized designee. Memoranda of Understanding, written clarification, and/or correspondence shall not be construed as amendments to the Contract.

7.04 Notices

Unless otherwise instructed, all notices, consents, and other communications required and/or permitted by the Contract shall be in writing.

After the award of the Contract, all programmatic communications are to be made to the Department Contact listed below, with a copy to the Buyer listed below. After the award of the Contract, all communications of a contractual or legal nature are to be made to the Buyer listed below.

Department Contact:

Tammy Brown Administrative Office of the Courts 1001 Vandalay Drive Frankfort, KY 40601 t: 502.573.2350 Tammybrown@kycourts.net

Buyer:

Brandy Cook, Procurement Officer Division of Procurement Administrative Office of the Courts 1001 Vandalay Drive Frankfort, KY 40601 t: 502.573.2350 brandycook@kycourts.net

7.05 Addition or Deletion of Items or Service

The AOC reserves the right to add new and similar items to allow for advancement or to replace discontinued items with the consent of the contractor, to any contract awarded from this RFB.

All additions must be compatible with existing equipment installed in court facilities throughout Kentucky. To effect this change, the AOC will issue a Contract Modification.

7.06 Delivery, Transportation and Packaging

If awarded a contract for the provision of goods, the contractor must:

a. Provide an initial list of MSRP pricing prior to contract execution. Contractor will provide an updated list to AOC on a quarterly basis to include new items purchased by AOC, discontinued items, and any changes to MSRP, product name or number made throughout the current contract term.

Document Description Page 18 mailto:brandycook@kycourts.net

b. Make delivery as stated in the contract. Delivery must be made before June 30 of the year in which the contract is awarded unless otherwise specified in the contract.

c. Make delivery during the working days and hours of Monday through Friday, 8:00 a.m. to 4:30 p.m., not including state holidays, to the point or points specified in the contract.

d. Pay all packing, transportation and delivery charges to the delivery point specified by the

AOC.

e. Adequately pack all goods and equipment, according to accepted commercial practice and the packaging and marketing instructions in the contract document.

7.07 Inspection

All supplies, equipment and services shall be subject to inspection or tests by the AOC prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the AOC will notify the contractor promptly. If after 30 days of written notice, the contractor does not replace rejected materials, the AOC may sell the rejected items and submit the proceeds to the contractor less expenses.

7.08 Penalty for Late Delivery

A contractor who fails to make delivery as specified in the contract will be charged in accordance with the terms and conditions of the contract. Furthermore, a delivery not made within the time provided by the contract may create a critical situation requiring the goods to be obtained from some other source. If a critical situation is created and it is in the best interest of the KCOJ, the AOC may enter the open market and purchase the goods sought under the contract. The contractor will be charged with the increase in price incurred by the AOC.

7.09 Service Performance

All services performed under contract shall be in accordance with the terms and provisions of the contract. It will be the Division of Procurement’s responsibility to ensure that such products received are acceptable and that services are rendered in an acceptable manner.

7.10 Personnel

The contractor shall enforce strict discipline and good order among the contractor’s employees and other persons carrying out the contract. The contractor shall not permit unfit persons or persons not skilled in tasks assigned to them to carry out the terms of the contract. For purposes of this contract, an employee is considered to be “unfit” if s/he has been convicted of a felony.

7.11 Permits and Licenses

The contractor shall procure all necessary permits, licenses, and certificates which are required by state and local laws, and abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments.

7.12 Purchasing and Specifications

The contractor certifies that he will not attempt in any manner to influence any specifications to be restrictive in any way or respect nor will he attempt in any way to influence any purchasing of services, commodities or equipment by the AOC.

7.13 Confidentiality of Data

All financial, statistical, personnel, technical, and/or non-public case specific data supplied by the AOC/KCOJ to the contractor either incidentally or pursuant to the terms of this Contract is

Document Description Page 19 confidential. The contractor is required to use reasonable care to protect the confidentiality of such data. Any use, sale, or offering of this data in any form by the contractor, or any individual or entity in the contractor’s charge or employ, will be considered a violation of this contract and may result in contract termination and the contractor’s suspension or debarment from future contracting. In addition, such conduct may be reported to the Kentucky Attorney General for possible criminal prosecution.

7.14 Advertising

The contractor shall not use the name, logos, images, or any data of the KCOJ or the AOC in any commercial advertising.

7.15 Invoices for Fees

Invoices shall be prepared and transmitted to the AOC Division of Accounting Services.

One copy shall be marked “original” unless otherwise specified. Invoices shall contain, at a minimum, the following information: (1) date(s) of service; (2) monthly rate; (3) total invoice amount; (4) vendor's name; address and telephone number; (5) description of supplies and services; (6)item numbers, sizes, quantities, and unit prices, if applicable; and (7) address of location where services were performed.

If applicable, shipping F.O.B. destination, freight prepaid must be included in unit pricing for goods, unless otherwise stated in the solicitation.

The AOC is exempt from Federal Excise Tax and Kentucky Sales or Use Tax. Invoices shall not include Federal Excise Tax, Kentucky Sales Tax, or Kentucky Use Tax.

Detail to be inserted upon award of contract

7.16 Terms for Prompt Payment

Pursuant to KRS 45.454, a bill will be paid within thirty (30) working days of receipt of either an undisputed invoice or goods in satisfactory condition. A penalty payment of 1% per month may be added to the amount due the contractor for each full or partial month that the payment exceeds thirty (30) working days. As an incentive for earlier payment, bidders for AOC contracts are encouraged to offer discounts for payments made in less than the prescribed thirty (30) days.

7.17 Travel Expenses

The contractor shall not be paid for travel expenses unless and except as specifically authorized by the specifications of the contract. Payment for travel expenses will not be allowed, except for overnight lodging when for the convenience of the KCOJ, if an hourly rate is paid for…