Final_RFB_235_2300000638_1_SO_FORM.PDF

Document ID: RFB 235 2300000638 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Tent Rentals for Ky State Fair and other events as needed.

Date Issued:

04/10/2023 Record Date:

03/29/2023

Solicitation Closes Date:

04/24/2023 Time:

13:00

Solicitation No:

RFB 235 2300000638

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 2300000638 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Tent rentals for Ky State Fair and other events as needed.

1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

98172 Tents, Tarpaulins and Supplies Rental or Lease

Extended Description See Attachment A for Specifications for all tents Must Attach Bid sheet Attachment B with bid

Quantities are estimate only and not to be taken as guarantee.

Shipping Information Kentucky Fair & Exposition Center Shipping and Receiving 937 Phillips Lane

Louisville KY 40209

Billing Information Kentucky Exposition Center Accounts Payable PO Box 37130

Louisville KY 40233

Document ID: RFB 235 2300000638 Page: 3

Submission Checklist

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

Item Bid Information-Completed

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. A separate Bid Sheet is attached and must be included with the response. Bidders MUST enter $.01 in the Unit Price field as the electronic bid.

This is the ONLY pricing that is to be entered electronically. All actual pricing must be on the Bid Sheet Attachment B.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov 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.

Document Description Page 4

2300000638 Tent Rentals for Ky State Fair and other events as needed.

https://vss.ky.gov

Attachment A Kentucky State Fair Board

Request for Bid (RFB) For

Tent Rentals for Ky. State Fair and other Events as Needed

RFB 235 2300000638

Release Date: April 10, 2023

Vendors Written Questions Due: April 17, 2023 at 10:00 am EST CLOSING DATE AND TIME April 24, 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

Document Description Page 5

Agreement for one year with an option to renew for four (4) additional one (1) year periods for: Tent Rentals for Ky. State Fair (KSF) and other events as needed.

Scope of Work:

The dates for the 2023 Ky. State Fair (KSF) are August 17-27, 2023. These dates change every year but the KSF always starts the third Thursday of August and run for 11 days.

If any tents, canvas covering or tarpaulins are rented by the successful bidder to any independent concessionaires(s) or exhibitor(s) at the Kentucky State Fair, it will be the responsibility of the successful bidder to collect from them. In case maintenance of any items on this contract is needed during the rental period, it will be the responsibility of the successful bidder to provide this at no additional charge. All prices bid are to be for the rental, setup, delivery and pickup of all items.

All tents are to be of good, clean materials, flame resistant and impervious to rain, in solid, multicolors or striped as indicated. Tents to be erected using 3/16” or larger proof chain, or equivalent for guy lines. All poles to be of steel or aluminum. Tents are to be furnished and erected by the successful bidder on the Fairgrounds of the Kentucky Exposition Center

(KEC).

Number of tents and actual areas used are approximates and not to be taken as guarantees. The Ky. State Fair Board reserves the right to adjust this up or down as needed. The sizes, locations and numbers needed will be provided to the successful bidder by July 15 each year. Note: KEC reserves the right to order additional items at bid price.

All tents to be erected by the successful bidder no later than Saturday prior to the fair (except as otherwise indicated) the successful bidder will consult with KEC (Kevin McCoy or Bobby Bell) upon completion of the tent installation for final inspection before tent erector leaves the grounds. The unit price is to be a price each size that includes all setup, tear down or any other materials needed to completely set each tent up and meet all safety standards as stated below. This price is a unit price for the entire period needed.

Successful bidder must supply certification that all tents are flame retardant. Certification to be equal to California Fire Marshal Code and National Fire Code. Vendor must have model approval from Public Protection Cabinet in accordance with the Ky. Tent Program.

All tents, tarpaulins and canvas coverings furnished to KEC or other concessionaire or exhibitors will have to be removed from the ground no later than five (5) days after end of fair unless otherwise notified by KEC.

On site delivery as stated above is essential to this contract.

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 contractor agrees to provide, at its own expense, primary liability insurance covering all claims for damages that occur while equipment or services are being provided, The contractor shall indemnify, defend, and hold harmless all officials and employees of the Kentucky State Fair Board, against any losses, claims, actions, damages, liability, and

Document Description Page 6 expenses, including but not limited to those in connection with loss of life, bodily and personal injury, or damage to property occasioned wholly or in part by the contractor or by persons employed directly or indirectly by the contractor in connection with the used electronic equipment collection, transportation, dismantling, salvage, sale, reuse, and / or recycling.

The contractor shall obtain and maintain in full force, for as long as necessary to fund the contractor’s indemnification and defense obligations, the following types and amounts of insurance:

A Commercial Liability Insurance policy shall afford limits of no less than the following:

$2,000,000 - General Aggregate $1,000,000 - Products and Completed Operations Aggregate $1,000,000 - Personal and Advertising Injury $1,000,000 – Each Occurrence $ 50,000 – Fire Damage $ 5,000 – Medical Expense

An automobile or truck liability insurance policy covering owned, non-owned, and hired vehicles. Said policy of insurance to have a minimum limit of $1,000,000 per occurrence combined single limit for bodily injury, including death and property damage.

A Worker’s Compensation and Employer’s Liability insurance policy with Kentucky statutory limits for workers compensation and a minimum of $1,000,000 per accident for employer’s liability.

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)

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

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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 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 documents as attachments to their bid response that is to be submitted electronically per the instructions included.

Section 8 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.

Document Description Page 8

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 (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 combined total price by the next lowest price and multiplying that percentage by the available points. For example, eighty (80) points is allocated to the lowest combined total price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 80 points ($30,000/ $30,000 = 1.00 x 80 = 80).

Assume bidder “B” is the next lowest bidder at $40,000, then “B” receives 60 points ($30,000/ $40,000) = .75 x 80 = 60).

B. DELIVERY (20 points) Bidder with the fastest delivery time will receive the maximum points and the bidder with the next fastest delivery time 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 5 days then 5/5 = 1.00 x 20 = 20 points and vendor “B” delivery is 7 days then 5/7 = .71 x 20 = 14 points.

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 after twelve (12) months of the contract, 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 justification that the price increase(s) is needed. 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 (usually within sixty (60) days).

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

Document Description Page 9

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.

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

Document Description Page 10 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 All questions shall be submitted in writing on Attachment C by April 17, 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

Document Description Page 11

2300000638 Tent Rentals for Ky State Fair and other events as mailto:Invoices@kyvenues.com

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 C 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 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

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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.

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

Document Description Page 13 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 2300000638) SHALL BE PART

OF ANY RESULTING MASTER AGREEMENT or AWARD CONTRACT.

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