Final_RFB_235_2300000456_2_SO_FORM.PDF

Document ID: RFB 235 2300000456 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Waste Disposal Services for KEC and KICC

Date Issued:

02/03/2023 Record Date:

02/03/2023

Solicitation Closes Date:

02/15/2023 Time:

13:00

Solicitation No:

RFB 235 2300000456

Reason for Modification

Addendum to extend the closing date to February 15, 2023

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 2300000456 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 30 Yard Open Top Roll Off Container Rental

KEC & KICC

48.00000 MO

Comm Code Comm Description Manufacturer Model # Manuf Part #

91027 Garbage/Trash Removal, Disposal and/or Treatment

Extended Description See Attachment A for Additional Specifications for All Lines.

See PDF files for description and location of compactors and transfer station.

Monthly Container rental, refuse/trash, Thirty (30) yard, open top, roll-off type. Price bid is to be rental for each one per month.

Estimated normal monthly quantity is four (4) each (1 at KICC and 3 at KEC) The Kentucky State Fair (KSF) is an eleven (11) day event usually held in August each year. Two (2) weeks before and one (1) week after the Fair, the estimated minimum acceptable quantity is fifty (50) Thirty (30) Yard Open Top Roll Off containers..

During the KSF a minimum of twenty-five (25) Thirty (30) Yard Open Top Roll Off containers must be on-site and at least twenty (20) of these must have flat bottoms so a small skid loader can push trash/bedding into and pack it into the front of the open top box (used in horse barns areas).

Also a minimum of an additional twenty-five (25) Thirty (30) Yard Open Top Roll Off containers must be available for livestock change over and final clean up.

The North American Intl Livestock Expo (NAILE) is normally held during the first two weeks of November, a minimum of fifteen (15) Thirty (30) Yard Open Top Roll Off containers must be on-site one(1) week before, during and one (1) week after the event. A minimum of twenty-five (25) additional Thirty (30) Yard Open Top Roll Off containers are required for livestock move outs and final clean up.

Vendor must be able to supply these quantities or they should not be awarded the bid.

Number of Thirty (30) Yard Open Top Containers Available: ___________ (Vendor must enter the number they have available in the space above or their bid may be determined to be non-responsive)

2 Disposal Charge for Solid Waste KEC & KICC 8000.00000 TON

The price will be for both facilities Ky. Exposition Center and Ky. International Convention Center..

Document ID: RFB 235 2300000456 Page: 3

3 Straight rate to haul trash to disposal site for

450.00000 TRIP

This will be for both Facilities KEC and KICC.

Straight time hours must be 6:00am to 6:00pm Monday thru Friday and 6:00am to 12:00pm Saturday.

Vendor shall have available sufficient trucks to maintain a consistent level of services to the Ky. Exposition Center and the Ky. International Convention Center in the event of breakdown, damage or other causes which might inactivate the equipment used to service these requirements.

Vendor shall identify the total number of available trucks equipped to handle roll off containers, open top containers and compactor units.

One truck with operator will need to be available during the Ky. State Fair in August and the North American International Livestock in November for KEC only.

Total Number of Trucks Available: ___________ (Vendor must enter the number they have available in the space above or their bid may be determined to be non-responsive)

4 Overtime rate to Haul trash to disposal site

40.00000 TRIP

Some shows will require after hour servicing. This amount will be charged if it is hours not covered under the straight time hours listed on above item.

5 Disposal Charge for Recyclable Waste KEC 8000.00000 TON

Recyclable material will mainly consist of animal bedding used during the shows, i.e. straw, mulch, wood, shavings, etc. Recyclable material will consist of no more than 2% waste/trash material.

Document ID: RFB 235 2300000456 Page: 4

6 Straight rate to haul recyclable waste to disposal site KEC

300.00000 EA

Straight time hours are 6:00am to 6:00pm Monday thru Friday and 6:00am to 12:00pm Saturday.

Recyclable material will mainly consist of animal bedding used during the shows, i.e. straw, mulch, wood, shavings, etc. Recyclable material will consist of no more than 2% waste/trash material.

7 Overtime rate to haul recyclable waste to disposal site KEC

150.00000 EA

Some shows will require after hour servicing. This amount will be charged if it is hours not covered under straight time hours listed.

8 Hauling charge for Cardboard/scrap for KEC

& KICC

6.00000 EA

Vendor will haul both cardboard and scrap metal to approved recycle center.

Any moneys collected must be paid to the Ky State Fair Board by check and forwarded to the Accounts Receivable Office of the Kentucky Expo Center.

at P O Box 37130 Louisville KY 40233

9 25 Cubic Yard Sealed Compactor KICC 12.00000 MO

Twenty-five (25) Cubic Yard Sealed Compactor Rental Monthly.

Location of this one compactor to be at Ky. International Convention Center 3rd Street lower level dock area .

Document ID: RFB 235 2300000456 Page: 5

Price bid is to be rental for each one per month.

Compactor is to be removed and replaced upon request of KICC Personnel.

10 20 Yard Open Top Roll Off dumpster rental

24.00000 MO

To be a Twenty (20) yard open, refuse/trash, open top, roll-off type monthly rental.

To be emptied upon request of KEC and KICC Personnel.

Vendor to supply one at least one (1) at KICC located at 2C2D street level dock area and one (1) at KEC located at Lot G.

Price bid is to be rental each per month.

11 34 Cubic Yard Sealed Compactor KICC &

KEC

30.00000 MO

At least Two (2) Thirty-four (34) Cubic Yard Sealed Compactor Monthly Rentals will be needed at KICC year round.

Location of two (2) compactors at KICC are at 2nd Street and 3rd Street dock areas.

During the Ky State Fair in August KEC may need up to six (6) temporary units. Other units may be needed for other events as requested.

Remove and replace upon request of KICC and KEC Personnel.

Price bid is to be rental for each one per month.

12 42 Cubic Yard Compactor Box Rental KEC 24.00000 MO

Two (2) Forty-two (42) Cubic Yard Compactor Box Rental for KEC Locations at KEC are South wing B and North wing Loading Dock

Document ID: RFB 235 2300000456 Page: 6

13 8 Cubic Yard Front Load Container Rental

52.00000 WK

At least eight (8) of these eight (8) cubic yard front load container rentals could be needed for the Kentucky State Fair in August.

14 Compactor Disposal Rate KEC & KICC 2500.00000 TON

Per Ton Disposal Rate

15 Compactor Haul Rate KEC 80.00000 EA

Compactor Trailer Haul Rate per Pickup for West Wing Transfer Station at KEC.

16 Rental of Two (2) Transfer Trailers 100 yard

12.00000 MO

One Hundred (100) Yard Transfer Trailers. Rental per month for two (2) units for KEC.

This is to immediately replace a pulled full trailer.

Shipping Information Billing Information

Document ID: RFB 235 2300000456 Page: 7

Kentucky Fair & Exposition Center Shipping and Receiving 937 Phillips Lane

Louisville KY 40209

Kentucky Exposition Center Accounts Payable PO Box 37130

Louisville KY 40233

Document ID: RFB 235 2300000456 Page: 8

Submission Checklist

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

Item Bid Information-Completed Best Price Vendor with the lowest total price will receive the most points

THE KENTUCKY STATE FAIR BOARD

Addendum No. 1

Bidder shall conform to the following changes as same shall become binding upon the contract to be issued in response to this solicitation.

The purpose of this addendum is to:

To Extend the closing date from February 8, 2023 to February 15, 2023

There are no other changes

End of Addendum

Saundra Allen

Kentucky State Fair Board, Buyer

Document Description Page 9

2300000456 Waste Disposal Services for KEC and KICC

On 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)

Document Description Page 10

For Waste Disposal Services for KEC and KICC

RFB 235 2300000456

Release Date: January 25, 2023 Vendors Written Questions Due: February 1, 2023 at 10:00 am EST

CLOSING DATE AND TIME February 8, 2023, at 1:00pm EST February 15, 2023 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 a Master Agreement for one year with an option to renew for four (4) additional one (1) year periods for: Waste Disposal Services for Kentucky Exposition Center (KEC) and Kentucky International Convention Center (KICC).

Scope of Work/Technical Requirements:

Document Description Page 11

ADDITIONAL SPECIFICATIONS FOR ALL COMMODITY LINES:

All quantities on this purchase request are estimates and not to be taken as guarantees.

No overtime rates will be paid.

The Kentucky State Fair Board (KSFB) will notify the awarded vendor when trash is ready for pickup. Vendor must provide a 24 hour response time, from notification, for pickup during normal business hours. Vendors who submit a bid are confirming that they can provide the 24 hour response time.

Vendor should understand that during the Kentucky State Fair, North American International Livestock Expo and other events as needed, after hours pickup service may be required.

No relocation charges are permitted for this contract. Vendor must include all costs for each line item included on this bid and no additional charges will be allowed.

Agencies reserve the right to adjust quantities up or down as needed.

This contract will cover both the (KEC) Kentucky Exposition Center 937 Phillips Ln and the (KICC) Kentucky International Convention Center 221 Fourth St. and pickup services are on an ON CALL basis unless specified differently on the line description.

Vendors not familiar with KEC or KICC should request a site visit by contacting the following:

Kentucky Expo Center (KEC) – Contact Bill Murray at 502-367-5120 and Kentucky International Convention Center (KICC) - Contact Chris Shinkle at 502-595-3155.

Vendor is to understand that the costs for line items is to be charged monthly and must send an itemized invoice once a month, within ten (10) days after the end of the month, to Invoices@kyvenues.com. Vendor must include signed copies of service/delivery tickets and the location of the containers picked up with the invoices.

Vendor is required to obtain all necessary licenses and permits to perform contracted services. Any necessary incinerator and dumping ground permits or fees are the responsibility of the vendor.

Vendor is required to comply with all Local, State and Federal regulations and all disposal shall be in accordance with State and Federal regulations.

Any damages to vendor equipment caused by Ky. State Fair Board or its employee’s will be borne by Ky. State Fair Board upon vendor billing on a repaid basis of time and material and procedures that must be followed for repairs to equipment are:

a. Vendor must notify KEC Director of Operations Bill Murray 502-367-5120 or KICC Director of Operations Chris Shinkle at 502-595-3155 as soon as damages are detected.

b. Vendor must furnish pictures of damages with invoice for repairs or replacements and must get a Purchase Order from the agency before submitting an invoice. The PO number must be included on the invoice which should be billed separately from the monthly service invoices.

c. If agency is required to pay for replacement equipment the damaged equipment should become the property of the Kentucky State Fair Board.

Document Description Page 12 mailto:Invoices@kyvenues.com

If the vendor fails to meet the delivery/performance measures of this contract one (1) percent per day will be deducted from the vendors invoice.

Contract Agency Contacts will be:

(KEC) Ky. Exposition Center Agency Contacts:

Katherine Ziegler 502-367-5125, Katherine.ziegler@kyvenues.com Bill Murray 502-367-5120, bill.murray@kyvenues.com

(KICC) Ky. International Convention Center Contacts:

William Taylor 502-595-3529, william.taylor@kyvenues.com Chris Shinkle 502-595-3155, chris.shinkle@kyvenues.com

Personnel The vendor shall be solely responsible for the performance and service of this agreement, which shall include: their sub-contractors, suppliers, agents and employees. No employee will engage in any offensive, injurious or abuse of the KSFB premises or KSFB equipment.

The vendor and their employees shall operate in a safe and courteous manner. The vendor shall maintain good order at all times and shall keep the KSFB premises used by the vendor in a clean and sanitary condition throughout the entire term of the Agreement

Insurance The successful bidder agrees to provide, at its own expense, primary liability insurance covering all claims for damages that occur while equipment or services are being provided, by a company certified to do business in the State of Kentucky, insuring both the Lessee and the Board, with policy limits of $1,000,000 per occurrence to insure against any and all claims associated with or arising out of a final Agreement and;

A Workers Compensation and Employers Liability insurance policy with Kentucky statutory limits for workers compensation and a minimum of:

$1,000,000 per accident for employer’s liability $300,000 damage to rented facility each occurrence $10,000 medical expense each one person $1 million personal & advertising Injury $2 million general aggregate $2 million products-completed operations aggregate $1 million combined single limit each accident $10 million property damage each occurrence $10 million aggregate $1 million Employer Liability Each Accident $1 million Employer Liability Each disease each employee $1 million Employer Liability disease policy limit The successful bidder shall deliver a certificate of insurance, to the KSFB Purchasing Department within thirty (30) days after award of contract, reflecting this coverage.

Each year the contract is renewed the vendor must deliver a new certificate of insurance within thirty (30) days of the renewal date. It shall be the successful bidder’s responsibility to maintain this insurance coverage at all times and to notify the KSFB Purchasing Department of any changes/additions which may occur.

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

Document Description Page 13

Section 3 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year from the date of award.

Section 4 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four

(4) additional one (1)-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the KSFB reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 5 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a 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 6 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 7 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 8 Method of Award Best Value – Ranking Approach

Document Description Page 14

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: 100 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.

A. Price (100 points) The bidder with the lowest combined total price receives the maximum score. The bidder with the next lowest combined total price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points. For example, one hundred (100) points is allocated to the lowest combine total Price criteria for this procurement, bidder “A” bids $100,000 as the lowest bidder and receives the maximum 100 points ($100,000/$100,000 = 1.00 x 100 = 100). Assume bidder “B” is the next lowest bidder at $200,000.00, then “B” receives 50 points ($100,000/$200,000) = .50 x 100 = 50).

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

Section 10 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A: Price Increases: A vendor may request a price increase which may be granted or denied by the KSFB. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KSFB may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KSFB. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established.

Document Description Page 15

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

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

Section 11 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 12 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 13 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 or 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 14 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The KSFB is obligated to buy only that quantity needed by its agency during the term of the contract.

Section 15 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 16 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.

Document Description Page 16

Section 17 Exception to Required Use of Contract The establishment of this Master Agreement or Award Contract is not intended to preclude the use of similar products when requested by the KSFB. The KSFB reserves the right to contract for large requirements by using a separate solicitation.

Section 18 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.

Section 19 Addition or Deletion of Items or Services The KSFB reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The KSFB to effect this change will issue a contract Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from KSFB referencing such items or services.

Section 20 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.

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 21 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.

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

Section 22 Inquiries

Document Description Page 17 mailto:Invoices@kyvenues.com

All questions shall be submitted in writing on Attachment B by February 1, 2023 at 10:00 AM EST to the buyer. 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 Allen Saundra.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 via written questions submitted on Attachment B to the KSFB buyer.

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 23 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 24 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.

Section 25 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

Document Description Page 18

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 26 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 27 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.

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.

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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 28 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 29

ALL PROVISIONS OF THIS SOLICITATION (RFB 235 2300000456) SHALL BE PART

OF ANY RESULTING MASTER AGREEMENT or AWARD CONTRACT.

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