Final_RFB_235_2300000423_1_SO_FORM.PDF

Document ID: RFB 235 2300000423 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Wall Guard Chair Rail and End Caps for KICC

Date Issued:

01/19/2023 Record Date:

01/19/2023

Solicitation Closes Date:

02/02/2023 Time:

13:00

Solicitation No:

RFB 235 2300000423

Online Bidding Prohibited: No For Information Call:

Saundra Allen 502-367-5240

Bid Receiving Location:

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 235 2300000423 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Wall Guard Chair Rail, White Textured 340.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

63193 Wall Coverings, Fabric and Plastic; and Accessories (Includi

Extended Description Pawling WG-8 or Equal See Attachment B for Detailed Specs on Pawling WG-8 All sizing must be in US measurements

Vinyl crash rail type wall guard must have continuous aluminum retainer To be exactly 7 - 3/4 inch high x 1 inch deep x 12 foot length Aluminum Retainer to be a mill finish, alloy 0.080 inch thick Must have a Continuous Center Aluminum Rail with Rubber impact cushion Must have a Fastener placement size to be 16 inch On Center Staggered The Vinyl Cover is to be a high impact 0.100 inch thick Finished color to be White Textured Must have a Class A fire rating.

Delivery Days after order is received _______/days Vendor must enter the number of days that they can deliver their product after order is received. Vendors who do not list a number of days will not be awarded any points for this category.

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

2 End Caps for Wall Guard Chair Rail, White Textured

520.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

63193 Wall Coverings, Fabric and Plastic; and Accessories (Includi

Extended Description Model number ETC-8 End Caps that must fit the Line 1 Wall Guard Chair Rails

Shipping Information Kentucky International Convention Center Shipping and Receiving 221 Fourth Ave

Louisville KY 40202

Billing Information Kentucky Exposition Center Accounts Payable PO Box 37130

Louisville KY 40233

Document ID: RFB 235 2300000423 Page: 3

Submission Checklist

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

Item Bid Information-Completed Best Price Fastest Delivery

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system. An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation. Vendor should enter prices on each commodity line. See the “How to Respond to Online Bid” instructions section 3 item 3 step 1.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService Allow 24 – 48 hours to complete Vendor Registration.

Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal at least 5-7 days before bid opening. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing.

How to submit an online bid instructions have been attached to the bid document.

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal.

Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

Attachment A Kentucky State Fair Board

Request for Bid (RFB) For

Wall Guard Chair Rail and End Caps for Ky. International Convention Center

Document Description Page 4

2300000423 Wall Guard Chair Rail and End Caps for KICC

RFB 235 2300000423

Release Date: January 19, 2023 Vendors Written Questions Due: January 26, 2023 at 10:00 am EST

CLOSING DATE AND TIME February 2, 2022, at 1:00pm EST

Issued by The Kentucky State Fair Board

Buyer Name

Saundra Allen Kentucky State Fair Board

Kentucky Exposition Center 937 Phillips Ln

Purchasing Department

LOUISVILLE KY 40209

(502) 367-5240 Saundra.allen@kyvenues.com

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive

Solicitation Terms and Conditions

Section 1 Scope of Contract The Kentucky State Fair Board issues this solicitation to establish an Award Contract for: Wall Guard Chair Rail and End Caps.

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

Section 3 Exceptions to Specifications

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Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a nonresponsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications.

Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The KSFB is not bound to accept any exceptions.

Section 4 Signing Solicitation The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

Section 5 Solicitation Submission Requirements Paper bids are NOT acceptable for this RFB and shall be considered non-responsive.

Vendor must attach all necessary attachments and documents, as requested in the bid, to their response that is to be submitted electronically per the instructions included.

Section 6 Method of Award Best Value – Ranking Approach The KSFB intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Price 80 Points Delivery 20 points TOTAL POINTS 100 Points

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

A bidder shall submit one (1) response to a solicitation. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Document Description Page 6

A. PRICE (80 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 80 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 80 points ($3.00 / $3.00 = 1.00 x 80 = 80). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 60 points ($3.00 / $4.00) = .75 x 80= 60).

B. DELIVERY (20 points) Vendor with the fastest delivery days will receive the maximum points and the vendor with the next fastest delivery days will be scored by dividing the fastest vendor’s delivery time by the next best delivery time and multiplying that percentage by the available points i.e.

vendor “A” delivery is 20 days then 20/20 = 1.00 x 20 = 20 points and vendor “B” delivery is 30 days then 20/30 = .67 x 20 = 13 points.

Section 7 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 8 Basis of Price Revisions Not Applicable

Section 9 Vendor Terms and Conditions Solicitation or quotation forms that are not in conformity with the terms and conditions of this solicitation or the KSFB may be deemed non-responsive. The KSFB shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the KSFB and those indicated by the contractor, those of the KSFB take precedence.

The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 10 Post Contract Agreements The resulting contract shall constitute the entire agreement between the KSFB and awarded contractor. KSFB utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained will be non-binding on the KSFB and will be cause for breach of contract.

Section 11 Equipment Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

Section 12

Document Description Page 7

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

Section 13 Cancellation Clause – 30 Days Notice The KSFB may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the KSFB canceling the contract.

Section 14 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the KSFB’s responsibility to ensure that such services rendered are performed and are acceptable. The relationship between the KSFB and the Contractor is that of client and independent contractor. No agent, employee, or servant of the contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of KSFB for any reason. The contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract

Major deviations of services performed will not be made without the written approval of the KSFB. Problems that arise under any aspect of performance should first be resolved between the vendor and KSFB.

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

Section 15 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

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

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

Section 16 Payments The vendor shall be paid, upon the submission of proper invoices to the KSFB at the prices stipulated for the supplies delivered and accepted, or services rendered. Payments will be made within thirty (30) working days after receipt of goods and a correct vendor’s invoice.

Document Description Page 8

All invoices should be emailed to Invoices@kyvenues.com.

Section 17 Inspection All supplies, equipment and services shall be subject to inspection by the KSFB 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 KSFB shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

Section 18 Inquiries All questions shall be submitted in writing by January 26, 2023, at 10:00am ET to the KSFB buyer listed. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The KSFB shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

Sole Point of Contact – Kentucky State Fair Board Buyer The KSFB Buyer listed below shall be the sole point of contact throughout the procurement process. All communications shall be done through email to the buyer listed.

Buyer: Saundra AllenSaundra.allen@kyvenues.com

Restrictions on Communications From the issue date of this solicitation until a contractor(s) is selected and the selection is announced, offerors are not allowed to communicate with any KSFB Staff concerning this solicitation except the KSFB Buyer cited in this solicitation.

Potential bidders should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential bidders and any KSFB employee or official are not binding on the KSFB.

For violation of this provision, the KSFB shall reserve the right to disqualify the bid.

Section 19 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The KSFB shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Section 20 Federal Tax Exempt Purchases by the KSFB if applicable Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the KSFB shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the KSFB. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Document Description Page 9

2300000423 Wall Guard Chair Rail and End Caps for KICC mailto:Invoices@kyvenues.com mailto:AllenSaundra.allen@kyvenues.com

Section 21 Protest The President and CEO of the KSFB shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file a protest with the President and CEO. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after a contract has been awarded. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

Mr. David Beck

President and CEO Kentucky State Fair Board

P. O. Box 37130 Louisville KY 40233

David.beck@kyvenues.com

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

The decision by the President and CEO shall be final and conclusive.

Section 22 Funding Limitations If any or all responses received exceed the amount of funding available, then the KSFB Purchasing Department, reserves the right to cancel this RFB.

Section 23 Provisions for Termination of the Contract Any contractor who is determined in writing by the KSFB Buyer to be in breach of any of the terms and conditions of a contract with the KSFB, shall be declared in default and the contract may be terminated.

Termination notice. The KSFB Buyer shall terminate a contract by written notice to the contractor. The notice to the contractor shall be sent certified mail, return receipt requested.

If a contractor is determined to be in default, the KSFB shall notify the contractor of the determination in writing, and may include a specified date by which the contractor shall cure the identified deficiencies. The KSFB may proceed with termination if the contractor fails to cure the deficiencies within the specified time.

The contractor shall be liable to the KSFB for any excess costs incurred in acquiring supplies and services similar to those terminated for default, and for any other damages or remedies available either at law or in equity, whether or not repurchase is affected.

Termination for Convenience of the KSFB.

The KSFB may terminate a contract for convenience if the KSFB Buyer has determined that termination will be in the KSFB’s best interests. The KSFB shall provide the contractor thirty (30) calendar day’s written notice of termination of the contract.

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If a contract is terminated for the convenience of the KSFB, the contractor shall have the burden of establishing the amount of compensation to which the contractor believes he is entitled by the submission of complete and accurate cost data employed in submitting his bid or proposal for the contract, and evidence of expenses paid or incurred in performance of the contract from the date of award through the date of termination. The contractor shall specify and provide documentation of all revenues resulting from the contract, expenditures associated with the contract, and all profit or loss attributable to the contract.

The KSFB Buyer may request the contractor submit additional documents and data, and may request appropriate accounting, investigations and audits.

After issuing a notice of termination for convenience, the KSFB Buyer may negotiate a settlement with the contractor according to terms deemed just and equitable by the KSFB.

If the contractor and the KSFB Buyer cannot negotiate a settlement, the KSFB Buyer shall issue a determination of the amount, if any, due the contractor.

Section 24 Funding Out Provision. The KSFB may terminate a contract if funds are not appropriated to the KSFB or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The KSFB shall provide the contractor thirty (30) calendar days written notice of termination of the contract.

Section 25

ALL PROVISIONS OF THIS SOLICITATION (RFB 235 2300000423) SHALL BE PART

OF ANY RESULTING MASTER AGREEMENT or AWARD CONTRACT.

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