Final_RFB_605_2000000052_2_SO_FORM.PDF

Document ID: RFB 605 2000000052 Page: 1 of 5

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 2

TITLE: Scrap Metal and Aluminum Recycle

Date Issued:

8/13/19 Record Date:

2019-08-13

Solicitation Closes Date:

8/20/19 Time:

10:00

Solicitation No:

RFB 605 2000000052

Online Bidding Prohibited: Yes

For Information Call:

Amanda Lewis 502-782-4003

Bid Receiving Location:

KYTC Division of Purchases Bid Clerk 200 Mero Street 4th Floor Frankfort KY 40622

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.

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Line Items

Commodity Group: Default Commodity Group

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

1 Scrap metal (No. 1 Heavy Melt) 1.00000 GT

Comm Code Comm Description Manufacturer Model # Manuf Part #

57050 Scrap Metals, All Kinds

Extended Description Scrap Metal Extended Description:

Vendor agrees to pay the Commonwealth of Kentucky ____% per gross ton (2240 pounds) of the current American Metal Markets (AMM) Chicago No. 1 Heavy Melt price for all other scrap metal F.O.B. delivered to vendor's designated location. (See example below:)

EXAMPLE: If the current AMM Chicago No. 1 HM price is $300.00 per gross ton and the bidder is willing to pay Commonwealth of Kentucky $270.00 per gross ton based on current Chicago price, the bidder would submit a bid of 90% which is the amount vendor would pay based on the AMM Chicago price.

Other scrap metal bid percentage shall be the amount multiplied by the AMM Chicago Market Price to determine the price per ton.

Sales tax shall be included in payments made for scrap metal unless there is an applicable exemption. Exemptions are described in KRS 139.470.

All payments and documentation shall be presented by the vendor to the designated KYTC driver prior to driver exiting vendors location at the prices stipulated for the scrap material.

All checks shall be made payable to the Kentucky State Treasurer for each load upon delivery along with a legible copy of all weight tickets from a certified scale and the corresponding AMM Chicago Market based Price List (posted on KYTC website) identified for the date of each delivery.

Vendor will be provided the State Declared Scrap Metal form TC 71-231 to sign and verify receipt of recyclable metals on an as is basis, returning form to KYTC driver.

Vendor will not be required to purchase subscription to AMM's market reporting service. Current AMM's metal market prices will be accessible by the vendor via KYTC's website ( https://business.kytc.ky.gov/work/KYTC-Scrap-Metal-Pricing/Pages/default.aspx ). Upon award of contract, vendor will be granted password protected access to market prices.

KYTC reserves the right to reject any bid received if the percentage bid is deemed too low.

2 Scrap Aluminum (Secondary Smelter's Aluminum Scrap)

0.00000 LB

Extended Description Scrap Aluminum Extended Description:

Vendor agrees to pay the Commonwealth of Kentucky ___% per pound of the daily AMM Aluminum price for Secondary Smelter's Aluminum Scrap, Old Sheet and Cast F.O.B. delivered to vendor's designated location. (See example below:)

EXAMPLE: If the current AMM Chicago Secondary Smelter's Aluminum price is $0.60/pound and the bidder is willing to pay Commonwealth of Kentucky $0.54/pound based on current Chicago price, the bidder would submit a bid of 90% which is the amount vendor would pay based on the AMM

Document ID: RFB 605 2000000052 Page: 3 of 5

Chicago price.

Aluminum bid percentage shall be the amount multiplied by the AMM Aluminum Price for Secondary Smelter's Aluminum Scrap, Old Sheet and Cast.

Sales tax shall be included in payments made for scrap metal unless there is an applicable exemption. Exemptions are described in KRS 139.470.

All payments and documentation shall be presented by the vendor to the designated KYTC driver prior to driver exiting vendors location at the prices stipulated for the scrap material.

All checks shall be made payable to the Kentucky State Treasurer for each load upon delivery along with a legible copy of all weight tickets from a certified scale and the corresponding AMM Aluminum Price List identified for the date of each delivery (daily price listed on KYTC website).

Vendor will be provided the State Declared Scrap Metal form TC 71-231 to sign and verify receipt of recyclable metals on an as is basis, returning form to KYTC driver.

3 Mixed Scrap Aluminum and Metal 1.00000 LB

Extended Description Mixed Scrap Aluminum and Metal

Extended Description:

Vendor agrees to pay the Commonwealth of Kentucky ___% per pound of the current AMM Mixed Cast Aluminum price for mixed loads of aluminum and metal F.O.B. delivered to vendor's designated location. (See example below:)

EXAMPLE: If the current AMM Chicago Mixed Cast Aluminum price is $0.60/pound and the bidder is willing to pay Commonwealth of Kentucky $0.54/ pound based on current Chicago price, the bidder would submit a bid of 90% which is the amount vendor would pay based upon the current AMM Chicago price.

Mixed Cast Aluminum bid percentage shall be the amount multiplied by the AMM Mixed Cast Aluminum Price for mixed aluminum and metal to determine the price per pound.

Vendor shall provide a copy of the current AMM Mixed Cast Aluminum Prices, along with weight ticket of each load to the KYTC employee at time of delivery.

Sales tax shall be included in payments made for scrap metal unless there is an applicable exemption. Exemptions are described in KRS 139.470.

All payments and documentation shall be presented by the vendor to the designated KYTC driver prior to driver exiting vendors location at the prices stipulated for the scrap material.

All checks shall be made payable to the Kentucky State Treasurer for each load upon delivery along with a legible copy of all weight tickets from a certified scale and the corresponding AMM Mixed Cast Aluminum Price List (posted on KYTC website) identified for the date of each delivery.

Vendor will be provided the State Declared Scrap Metal form TC 71-231 to sign and verify receipt of recyclable metals on an as is basis, returning form to KYTC driver.

Vendor will not be required to purchase subscription to AMM's market reporting service. Current AMM's metal market prices will be accessible by the vendor via KYTC's website ( https://business.kytc.ky.gov/work/KYTC-Scrap-Metal-Pricing/Pages/default.aspx ). Upon award of contract, vendor will be granted password protected access to market prices.

KYTC reserves the right to reject any bid received if the percentage bid is deemed too low.

Shipping Information Various Shipping

Billing Information Various Billing

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See Extended Description

Various KY

See Extended Description

Various KY

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Submission Checklist

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

Item See Section 5.00 for evaluation criteria.

Addendum to respond to vendor questions.

Q1. I noticed the biggest difference is from a deduct of AMM to a percentage amount of AMM, is this correct?

A1. Yes, that is correct.

Q2. What all is in the heavy melt?

A2. Most metal KYTC would be recycling would be guardrail, drainage tiles, posts, general scrap metal.

Q3. Secondary smelter alum scrap -what is actually in the alum, what form is it in, will there be signs? Iron free?

A3. Most aluminum would be signs, bridge railings, and general scrap aluminum.

Q4. Mixed scrap and heavy melt – I can’t find the in the American Metal Market. Could you send be me a copy please?

A4. Mixed would be mostly galvanized sign posts with aluminum signs attached. Current AMM's metal market prices will be accessible by the vendor via KYTC's website (https://business.kytc.ky.gov/work/KYTC-Scrap-Metal-Pricing/Pages/default.aspx). Upon award of contract, vendor will be granted password protected access to market prices.

Q5. What % or iron will be in the mixed scrap and heavy melt?

A5. The % would vary from load to load.

No other changes have been made. Bid opening date remains the same.

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED (See Section 5.00)

All other items MUST be submitted prior to award.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.12)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

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.

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: http://finance.ky.gov/services/policies scroll down to Procurement Services- Procurement, double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Document Description Page 5

2000000052 Scrap Metal and Aluminum Recycle of 22 http://finance.ky.gov/services/policies

Section 1-Specifications-Commodity

1.00-Specifications of Commodity

Master Agreement(s) shall be awarded for scrap metal and Aluminum recycling to be delivered by KYTC personnel to the vendor. Vendors will not be required to pick up material at any KYTC location.

The Department shall separate aluminum from all other scrap metal and deliver each type of material via Department’s trucks to vendor’s location(s). Aluminum shall not be co-mingled with other metals.

Instances where loads may be a co-mingled mixture of metal and aluminum, the KYTC driver shall notify vendor on status of load. KYTC personnel shall follow procedures relating to scrap metal as outlined in the Cabinet’s Policy and Procedures Manual.

Comply with all applicable federal, state, and local laws, ordinances and regulations governing safety and any and all permits and licenses that may be required. Provide all safeguards needed for employees and equipment. Conform all equipment to all prevailing Occupational Safety and Health Administration (OSHA) regulations. Require all operators and other employees to wear safety vests and personal protective equipment that conform to OSHA regulations on the job site at all times.

All scrap material (aluminum and other metals) should be clear of any debris (as feasible) and should not contain any batteries, air conditioners, refrigerators, or any material that requires disposal according to EPA regulations. Vendor agrees to accept all scrap metal, aluminum and mixed “as is” upon delivery.

There will be one contact person on behalf of KYTC who shall serve as liaison between the Department and the vendor. The contact person shall be responsible for determining what is considered scrap.

Another contact person will be named if the designated contact person cannot continue to serve in such capacity. The Transportation Cabinet, vendor, and the Division of Maintenance shall be notified of any changes.

District personnel will not be required to use the scrap metal vendor within the project county or District if they can prove best value can be achieved from another contract/vendor. In counties without a scrap metal vendor, District personnel must determine the best value option based on distance from metal location to the vendor and price offered by the vendor.

Delivery of scrap metal shall be made available Monday – Friday to vendor’s location(s). Vendor’s days of business closure (such as holidays and special occasions) shall be provided to KYTC designated contact person.

Vendor shall provide state certified scales for weighing Department’s truck and metal at the vendor’s designated location(s). All expenses associated with determining weight of recyclable materials shall be borne by vendor.

Vendor shall provide, KYTC employee making delivery, a copy of the weight ticket and a current copy of the AMM Chicago Market Price, on the date of delivery, as posted on the KYTC website.

Vendor will not be required to purchase subscription to AMM's market reporting service. Current AMM's metal market prices will be accessible by the vendor via KYTC's website

(https://business.kytc.ky.gov/work/KYTC-Scrap-Metal-Pricing/Pages/default.aspx). Upon award of contract, vendor will be granted password protected access to market prices.

All payments and documentation shall be presented by the vendor to the designated KYTC driver prior to driver exiting vendor’s location at the prices stipulated for the scrap material.

All checks shall be made payable to the “Kentucky State Treasurer” for each load upon delivery along with a legible copy of all weight tickets from a certified scale and the corresponding AMM Chicago Market Price List identified for the date of each delivery. Vendor will be provided the State Declared Scrap Metal form TC 71-231 to sign and verify receipt of recyclable metals on an “as is” basis, returning form to KYTC driver.

The vendor shall make payments to KYTC and submit proper documentation (see line item) to the receiving agency at the prices stipulated for the scrap material.

Document Description Page 6

The vendor shall submit payment for each load upon delivery along with a legible copy of all weight tickets from a certified scale for each delivery and the corresponding AMM Chicago Market Price List identified for the date of each delivery. A check made payable to the “Kentucky State Treasurer” shall accompany all supporting documents. All payments and documentation shall be presented to the designated KYTC driver prior to driver exiting vendor’s location. The KYTC designated office shall process receipt of payment according to the Cabinet’s Policy and Procedures Manual.

Master Agreement(s) shall be awarded to ALL responsive bidders at the locations listed below. Therefore, multiple contracts may be awarded for a county; it is the District’s responsibility to calculate best value prior to delivery of scrap based on project location and price. Vendors shall bid all line items to be considered for award.

If a new location is established during the term of the contract the vendor shall notify the Division of Purchases in writing. The vendor shall not accept material at the new location until the contract modification is complete.

Vendor shall list the address for all receiving locations:

Vendor can provide additional receiving locations on a separate blank page.

Section 2-Terms and Conditions of the Contract

2.00-Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Maintenance to award a Master Agreement for: Scrap Metal and Aluminum Recycling

2.01-Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of an Award by the KYTC Division of Purchases shall create a valid Master Agreement consisting of the following:

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

3. Any provisions of the Solicitation and all attachments thereto;

4. The Bidder’s response to the Solicitation, and

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions;

(d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02-Initial Contract Period

The Master Agreement will be for the initial period beginning September 01, 2019, and will expire September 30, 2020.

2.03-Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky 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

Document Description Page 7 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.

2.04-Divisions/Agencies to be Served

This contract shall be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

Department of Highways

2.05-Quantity Basis of Contract

This Master Agreement has no guarantee of any specific quantity, and the State is obligated only to sell that quantity which is needed by its agencies.

2.06-Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07-Basis of Price Revisions

PRICE ADJUSTMENTS: The pricing established for this Master Agreement shall be firm for the contract period and is based upon the identified material index as noted on the line items.

2.08-Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification.

2.09-Changes and Modifications to the Contract

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

2.10-Notices

The Division of Purchases Buyer identified below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail) concerning this procurement shall be submitted to:

Amanda Lewis Division of Purchases Kentucky Transportation Cabinet Phone: 502-564-4630 E-mail: Amanda.Lewis2@ky.gov

From the issue date of this solicitation until a Contractor(s) is selected and the selection is announced, Offerors are not permitted to communicate with any Commonwealth staff concerning this solicitation

After the award of a contract, all programmatic communications are to be made to the Agency Contact Person identified in the contract document with a copy to the Division of Purchases Buyer.

After the Award of a contract, all communications of a contractual or legal nature are to be made to the KYTC Division of Purchases Buyer.

2.11-Payments

See Section 1 for payment details.

2.12-Vendor’s Report

Document Description Page 8

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period.

The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract.

This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.13-Post Contract Agreements

The Master Agreement 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. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.14-Service Performance

All services performed under contract shall be in accordance with the terms and conditions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State 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 the State 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.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

2.15-Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth. Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

2.16-Termination of Contracts

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of appropriation in accordance with 200 KAR 5:312.

2.17-Endorsements

The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky.

2.18-Registration with the Secretary of State by a Foreign Entity

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state 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.

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 within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. 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 solicitation response. Foreign entity is defined within KRS 14A.1-070.

Document Description Page 9

Vendors are required to remain in active and good standing during the life of the contract.

Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx

2.19-Discrimination

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

2.20-Kentucky Sales and Use Taxes

Document Description Page 10

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

2.21-Extension Period

This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

2.22-Access to Records

The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

2.23-Records Retention

The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three years from the date of final payment under the subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by any subcontractor for a period of three years from the date of final payment under the subcontract. The Finance and Administration Cabinet shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this provision shall not limit the right to audit stated above. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. The contractor shall place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.24-Governing Law

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.

Section 3-General Information 3.00-Issuing Office

The Division of Purchases is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFB.

3.01-Restrictions on Communications

The Division of Purchases contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail, electronic mail, or fax), concerning this procurement shall be addressed to:

Amanda Lewis Phone: 502-564-4630 Fax: 502-564-7069 E-mail: Amanda.Lewis2@ky.gov

Document Description Page 11 mailto:Amanda.Lewis2@ky.gov

From the issue date of this RFB until a Contractor(s) is selected and the selection is announced, Offerors are not allowed to communicate with any Commonwealth Staff concerning this RFB except:

(a) The sole point of contact cited in this RFB; or

(b) Via written questions submitted to the sole point of contact

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

The Commonwealth reserves the right to reject the bid response for any violation of this provision.

This provision does not preclude bidders who presently hold contracts with the Commonwealth from communicating with state agencies regarding existing contracts.

3.02-Schedule of RFB Activities

The following schedule presents the major activities associated with the RFB distribution, written questions, and bid submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Deadline for written questions All questions shall submitted in writing by the date and time specified.

No questions shall be accepted after the date/time listed unless the question(s) is considered material to the procurement. Oral questions will not be accepted at any time except for bid procedural clarifications. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation.

8/12/19 by 3:30pm

Commonwealth’s response to written questions The Addendum shall be posted to the Commonwealth’s e-Procurement web site.

8/13/19 by 7:00pm

Bids due by 10:00 AM Notice to Vendors:

All bidders are cautioned to be aware of the security in the Transportation Office Center located at 200 Mero Street in Frankfort, KY. All bids shall be time-stamped in the Division of Purchases no later than the due date and time defined in this Solicitation. In-person or courier delivered bids in response to this Solicitation should be delivered to the 4th Floor, East. Delays due to building security checks shall not be justification for acceptance of a late bid.

See page 1 for Closing Date.

Tentative Award Date 09/01/2019

NOTE: All times referenced are Eastern Time Zone

3.03 - Access to Solicitation and Solicitation Addenda The Commonwealth wants each prospective Offeror to have full and complete information on which to base a bid response. Only information presented or referred to in this RFB and any additional written information that is supplied by the Division of Purchases shall be used by Offerors in preparing a response to this RFB.

The Solicitation and any Addenda shall be posted to the e-Procurement web site at: https:// emars311.ky.gov.

To view/download Solicitation documents from the Kentucky Vendor Self Service site

Please note: It is not necessary to register to access the solicitations. Unregistered vendors can access the solicitations by clicking on guest access.

Step 1 - Click Guest Access- located on the left of the screen, You will be taken directly to list of solicitations organized by closing date.

Step 2 – Keyword Search - Vendors can use the keyword field search to narrow your search. Type in keyword and click the advanced search button, select status open then click the go button or click the next button to page through all the open solicitations.

Step 3 - Click the details button under the RFB/RFP document number

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2000000052 Scrap Metal and Aluminum Recycle of 22 https://emars311.ky.gov

Step 4 - Click the Attachments tab to see all attachments related to that particular solicitation document

Step 5 - Click the link for each file name, a new window will appear, click open to open/view the file. Once the file opens, click the print icon to print that file attachment. Close that file attachment then repeat steps to open and print each different file attachment. It is the vendor’s responsibility to view and/or print all file attachments for a solicitation document.

Please note: some solicitations may have multiple file attachments.

Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

3.04-Bid Submission Requirements

On the Solicitation front page, complete the boxes for the vendor information including the ordering and payment addresses.

FAP 110-10-00-04 (c) requires that every paper bid is signed by an agent of the firm, shall be filled out in ink or typewritten, and “signed in ink in the space provided on the Solicitation.”

Photocopies of the filled out bid documents that contain copies of signatures but do not contain an ink signature will not meet this requirement.

Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the Bidder. Any response not under sealed cover shall be rejected.

The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

BID CLERK

KENTUCKY TRANSPORTATION CABINET

DIVISION OF PURCHASES – 4TH FLOOR

200 MERO STREET

FRANKFORT KY 40622

The outside cover of the package containing the Bid Response shall be marked with:

NAME OF SOLICITATION

SOLICITATION NUMBER

NAME OF VENDOR SUBMITTING RESPONSE

CLOSING DATE

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFB and shall be considered non-responsive.

Include in bid response, any Addenda, and all Attachment Forms included in this solicitation.

All bids shall remain valid for a minimum of ninety (90) calendar days after the bid closing date.

3.05-Acknowledgment of Addenda to Solicitations

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 agreement 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.

3.06-Modification or Withdrawal of Bids

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An offer may be modified by electronic or facsimile notice, if notice is received prior to the hour and date specified for receipt of offers. An electronic or facsimile modification shall not mention unit prices or total price; but shall only refer to percentage change or numerical change.

An offer may be modified or withdrawn by electronic or written notice received prior to the hour and date specified for receipt of offers. An offer may also be withdrawn in person by an offeror or his authorized representative, if his identity is made known and he signs a receipt for the offer, but only if the withdrawal is made prior to the hour and date set for receipt of offers.

3.07-E-Procurement Award Notification

To view the Award of Contract(s) and the Contractor(s) receiving the Award(s) for a Solicitation, access the Kentucky Vendor Self Service site at https://emars311.ky.gov

Step 1 - Click Guest Access- located on the left of the screen. You will be taken directly to list of solicitations organized by closing date.

Step 2 - Vendors can search for the solicitation title or number in the keyword search field, or can filter their search by only awarded solicitations by clicking on Advanced Search and changing the Status to Awarded.

Step 3 - The Award(s) information can be accessed by clicking on the Details button of the solicitation and clicking the Notice of Award tab. To see all bidders’ pricing click on the Public Bid Reading tab. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

3.08-Vendor Terms and Conditions

Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky 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 Commonwealth and those indicated by the contractor, those of the Commonwealth 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.

3.09-Specifications

This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

3.10-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 non-responsive bid. Otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

3.11-Recycle Requirements

Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/ kar/200/005/330.htm>.

Section 4-Procurement Process and Requirements

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4.00-Rules of Procurement

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: http://finance.ky.gov/services/policies scroll down to Procurement Services- Procurement, double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

4.01-Cancellation of This Solicitation

In accordance with KRS 45A.105, this Solicitation may be canceled at any time and for any reason, or all bids rejected, if it is determined in writing that such action is in the best interest of the Commonwealth.

Receipt of an offer by the Commonwealth or submission of a bid to the Commonwealth confers no rights upon the Offeror nor obligates the Commonwealth in any manner. RFB cancellations will be posted to the e-Procurement web site at: https://emars311.ky.gov Click Advanced Search, Under Status Select Cancelled from the dropdown, and click Go.

4.02-Waiver of Minor Irregularities

In accordance with KAR 5:306, the Commonwealth reserves the right to request clarification of bid responses and/or waive minor irregularities in bids providing such action is in the best interest of the Commonwealth.

Where the Commonwealth may waive minor irregularities, such waiver shall in no way modify the RFB requirements or excuse the Offeror from full compliance with the RFB specifications and other requirements if the Offeror is awarded the contract.

4.03-Prohibitions of Certain Conflicts of Interest

In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the contract. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed.

In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this contract to voluntarily acquire any ownership interest, direct or indirect, in the company prior to the completion of the contract.

4.04-Violations of Kentucky Revised Statutes

Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws.

4.05-Protest

Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, 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 Secretary of the Finance and Administration Cabinet. 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 (See Section 3.07—E-Procurement Award Notification). All protests or notices of other controversies must be in writing and shall be addressed to:

Office of the Secretary

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2000000052 Scrap Metal and Aluminum Recycle of 22 http://finance.ky.gov/services/policies

Finance and Administration Cabinet 702 Capital Avenue, Room 383 Frankfort, Kentucky 40601 Phone: 502-564-4240

The Secretary of Finance and Administration Cabinet 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 Secretary of the Finance and Administration Cabinet shall be final and conclusive.

Section 5-RFB Evaluation Criteria

Section 5.00-Method of Award

Multiple awards may be made to meet KYTC needs. All vendors submitting a responsive bid shall be awarded a Master Agreement contract. Vendor shall submit a bid for all line items in the RFB for the bid to be considered responsive. Master Agreement(s) will be awarded to all responsive bidders who bid reasonable percentages. KYTC reserves the right to reject any bid received if the percentage bid is deemed too low.

Vendors are responsible for submitting all relevant, factual, and correct information with their offer.

Vendor shall enter percentage in the space provided on each line item extended description.

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a…