Final_RFB_605_2000000087_1_SO_FORM.PDF

Document ID: RFB 605 2000000087 Page: 1 of 6

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Technisonic TDFM-9000 Radios with installation

Date Issued:

9/19/19 Record Date:

2019-09-19

Solicitation Closes Date:

10/4/19 Time:

10:00

Solicitation No:

RFB 605 2000000087

Online Bidding Prohibited: Yes

For Information Call:

Jodyi Hall 502-782-3976

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.

Document ID: RFB 605 2000000087 Page: 2 of 6

Line Items

Commodity Group: Default Commodity Group

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

1 TDFM - 9000 Radio for Bell Helicopter Model 206L 3

1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

03530 Engines and Parts, Airplane

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter Model 206L 3

Aircraft Number: N3KY

2 TDFM - 9000 Radio for Bell Helicopter Model 206B

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter Model 206 B

Aircraft Number: N148KY

3 TDFM - 9000 Radio for Cessna Aircraft Model 182 Q

Extended Description Technisonic TDFM-9000 Radio including installation

Cessna Aircraft Model 182 Q

Aircraft Number: N82KY

Document ID: RFB 605 2000000087 Page: 3 of 6

4 TDFM - 9000 Radio for Cessna Aircraft Model R172

Extended Description Technisonic TDFM-9000 Radio including installation

Cessna Aircraft Model R172

Aircraft Number: N51608

5 TDFM - 9000 Radio for Bell Helicopter (Huey) Model UH-1H

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter (Huey) Model UH-1H

Aircraft Number: N45SP

6 TDFM - 9000 Radio for Bell Helicopter Model

OH-58A

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter Model OH-58A

Aircraft Number: N282SP

Document ID: RFB 605 2000000087 Page: 4 of 6

7 TDFM - 9000 Radio for Bell Helicopter Model

OH-58C

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter Model OH-58C

Aircraft Number: N283SP

8 TDFM - 9000 Radio for Bell Helicopter Model

OH-58A

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter Model OH-58A

Aircraft Number: N220SP

9 TDFM - 9000 Radio for Cessna Aircraft Model R182

Extended Description Technisonic TDFM-9000 Radio including installation

Cessna Aircraft Model R182

Aircraft Number: N85A

Document ID: RFB 605 2000000087 Page: 5 of 6

10 TDFM-9000 Radio for Bell Helicopt (Long Ranger) Model 206L-3

Extended Description Technisonic TDFM-9000 Radio including installation

Bell Helicopter (Long Ranger) Model 206L-3

Aircraft Number: N10SP

11 TDFM-9000 Radio for McDonnell Douglas Helicopter Model 369FF

Extended Description Technisonic TDFM-9000 Radio including installation

McDonnell-Douglas Helicopter Mode 369FF

Aircraft Number: N421WJ

Shipping Information KY Transportation Cabinet Capital City Airport Division 84 Airport Rd, Bldg. 404

Frankfort KY 40601

Billing Information KY Transportation Cabinet Capital City Airport Division 84 Airport Rd, Bldg. 404

Frankfort KY 40601

Document ID: RFB 605 2000000087 Page: 6 of 6

Submission Checklist

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

Item Price for furnish and install on all eleven (11) aircraft Is bidder's location within 200 nautical miles of CCAD? (See Section 5) Is bidder a Factory Authorized Dealer for Technisonic, etc? (See Section 5)

BID SUBMISSION CHECKLIST

The vendor SHALL include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth SHALL 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 listed below SHALL be submitted prior to award.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY

FOREIGN ENTITY (See Section 2.12)

_____ REQUIRED AFFIDAVIT(S) (See attached three Affidavits at the bottom of this document.)

*The Annual Affidavit shall be completed by all Bidders. The other two Affidavits are only to be completed by bidders if applicable.

_____ CERTIFICATE(S) OF INSURANCE (See Section 1.01)

_____ PROOF OF BIDDER CURRENTLY BEING A FACTORY AUTHORIZED DEALER FOR

TECHNISONIC AIRBORNE COMMUNICATIONS SYSTEMS AND AUTHORIZED TO INSTALL

TECHNISONIC RADIO EQUIPMENT IN ACCORDANCE WITH APPROVED INSTALLATION

MANUALS AND TECHNISONIC OWNED SUPPLEMENTAL TYPE CERTIFICATES (STCs).

_____ PROOF OF BIDDER CURRENTLY BEING AN FAA APPROVED AVIONICS

INSTALLATION FACILITY

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.

Section 1 – Specifications – Commodity

The Kentucky Transportation Cabinet (KYTC) Division of Purchases issues this solicitation on behalf of the KYTC’s Capital City Airport Division (CCAD) to award a one-time contract for the purchase of eleven

(11) Technisonic TDFM–9000 radios and installation into eleven (11) CCAD aircraft.

1.00 – Specifications of Commodity

The following specifications shall apply to all eleven (11) radios and installations.

Make: Technisonic

Technisonic Project # 90577

Model: TDFM-9000NV with three (3) Type A Digital Modules

TIL Part NO. 101263-2-90-A5R-A80-P90577

VHF Radio Module: H91TGD9PW7N (136 to 174 MHz)

Document Description Page 6

2000000087 Technisonic TDFM-9000 Radios with installation of 26 http://finance.ky.gov/services/policies

Options:

Q507 FCC Mandated Narrow Band Operation

Q806 CAI for P25

H35 Conventional Software

Q52 Conventional Front Panel Programming

UHF Radio Module: H91TGD9PW7N (380 to 520 MHz)

Options:

Q507 FCC Mandated Narrow Band Operation

Q806 CAI for P25

H35 Conventional Software

Q52 Conventional Front Panel Programming

7/800 MHz Radio Module: H91TGD9PW7N (764 to 870 MHz)

Options:

Q507 FCC Mandated Narrow Band Operation

Q806 CAI for P25

H38 SMARTZONE Trunking

QA00580 TDMA Operation (P25 Phase II)

Q15 AES Encryption with DES, DES-XL, and DES-OFB

Q498 Astro P25 OTAR with Multikey

Motorola Option NVG Option (-2)

Bidder Requirements

1. Bidders shall be a Factory Authorized Dealer for Technisonic Airborne Communications Systems and shall be authorized to install Technisonic radio equipment in accordance with approved installation manuals and Technisonic owned Supplemental Type Certificates (STCs).

2. Bidders shall be within 200 nautical miles of CCAD in Frankfort, KY.

3. All radio equipment shall be installed to the manufacturer’s specifications and shall meet all FAA requirements.

4. Bidder shall furnish and install all eleven (11) TDFM-9000 radios that meet the specifications listed in this RFB. See Commodity Lines for all aircraft.

5. CCAD will provide 8 weeks’ notice for delivery of each aircraft. Scheduling of each specific Aircraft is to be coordinated with CCAD’s Aircraft Maintenance Supervisor.

6. Installation on all eleven (11) aircraft will be staggered. The exact schedule for this has yet to be determined. The awarded bidder will have only one aircraft undergoing installation at a time but may have to order the radio for the next aircraft while a different aircraft is still onsite undergoing installation.

Document Description Page 7

7. The awarded bidder shall complete the installation within thirty (30) working days of receiving the aircraft.

8. Payment from CCAD to the awarded bidder will be received within thirty (30) working days after the completion of each individual aircraft installation and receipt of invoice.

9. The estimated completion of all installations is December 2020.

10. Specific panel layouts and installations shall be approved by CCAD Aircraft Maintenance Director before proceeding with each installation.

11. Installed Technisonic radios shall interface with existing COM radios and audio panel.

12. Subcontractors are not allowed on this procurement.

1.01 – Insurance Requirements – *** Revised September 13, 2019. Review carefully. ***

The successful bidder shall maintain one or more insurance policies with the following liability coverage, which coverage shall remain in force during the term of the contract and for ten (10) years after the work is completed:

1. COVERAGES

An Aviation Commercial General Liability policy with liability limits of $10,000,000.00 per occurrence to include the following liability coverage:

Coverage A – Bodily Injury and Property Damage Liability limit of $10,000,000.00 per occurrence.

Coverage B – Personal and Advertising Injury Liability limit of $10,000,000.00 per occurrence.

Coverage C – Hangarkeepers Liability limit of $2,000,000.00 for each non-owned aircraft and $10,000,000.00 for any one occurrence.

i. A $2,000,000.00 hangarkeepers legal liability coverage limit for each non-owned aircraft and $10,000,000.00 for each occurrence.

ii. If the vendor conducts a test flight of any of the eleven (11) CCAD aircraft, a $10,000,000.00 hangarkeepers legal liability coverage limit for each non-owned aircraft, and a non-owned aircraft physical damage limit of $2,000,000.00.

Coverage D – Premises Liability limit of $10,000,000.00 per occurrence.

Coverage E – Products and Completed Operations Liability limit of $10,000,000.00 per occurrence.

2. WHO IS AN INSURED

The Endorsement on any policies offered by the successful bidder shall indicate and name the Commonwealth of Kentucky and its agents as well as the aviation insurer for the Commonwealth as Additional Insureds for the contract resulting from this solicitation.

3. COMMERCIAL GENERAL LIABILITY CONDITIONS

A. Any policies offered by the successful bidder shall include a Blanket Waiver of Subrogation endorsement requiring each guarantor to irrevocably waive any claim or

Document Description Page 8 other rights which it may now or hereafter acquire against the Additional Insureds including subrogation, recovery, and reimbursement of any amounts paid or owed under the guarantee.

B. Any policies offered by the successful bidder shall also indicate that the policy is primary and noncontributory before other applicable policies (primary) and without seeking contribution from other policies that also claim to be primary (noncontributory).

4. CANCELLATION

The Endorsement on any policies offered by the successful bidder shall state that the coverage shall not be suspended, voided, cancelled by either party, or reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies. The original guarantee under any such policy shall remain in force during the term of the contract and for ten

(10) years after the work is completed

5. WORKERS’ COMPENSATION INSURANCE

The successful bidder shall have workers' compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

6. CERTIFICATE OF INSURANCE

The successful bidder shall furnish an ACORD Certificate of Insurance within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

B. The Endorsement indicating the Commonwealth of Kentucky and its agents as well as the aviation insurer for the Commonwealth as Additional Insureds for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

The insurance coverage shall comply with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies may be found on the Kentucky Department of Insurance website at http://insurance.ky.gov/PPC/Company/Default.aspx?div_id=6. Failure to meet this requirement may result in the bid being deemed non-responsive.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

Section 2 – Terms and Conditions of the Contract

2.00 – Executed Contract

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

Document Description Page 9

2000000087 Technisonic TDFM-9000 Radios with installation of 26 http://insurance.ky.gov/PPC/Company/Default.aspx?div_id=6 http://www.ambest.com

2.01 – Contract Components and Order of Precedence

The Commonwealth’s acceptance of the offer indicated by the issuance of a Contract Award by the KYTC Division of Purchases shall create a valid Contract between the Parties consisting of the following:

1. The written Contract 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.

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 to: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) the Contract or Master Agreement Terms and Conditions; (d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 – 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.

2.03 – Basis of Shipment

CCAD shall deliver each aircraft to the awarded bidder on a schedule determined by the Aircraft Maintenance Supervisor. CCAD shall pick up each aircraft when installation and functional operation testing is completed.

2.04 – 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 the buyer below. (Email is preferred.)

Jodyi S. Hall, CPPO, CPPB

Division of Purchases Kentucky Transportation Cabinet

(502) 782-3976 jodyis.hall@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 shall be made to the KYTC Division of Purchases Buyer.

2.05 – Delivery of Services

As stated in Section 1, Item 7 - The awarded bidder is required to complete the installation within thirty (30) working days of receiving each aircraft.

Document Description Page 10 mailto:jodyis.hall@ky.gov

One percent (1%) per day may be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date. Any deductions shall be at the discretion of CCAD based on the circumstances causing the delay.

The Vendor is not responsible for, and shall not be penalized for, delays in its delivery when caused by factors or events outside Vendor’s control including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

2.06 – Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.07 – Invoices

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified. Each invoice shall contain at least the following information:

Contract and order number

Item numbers

Description of supplies or services

Sizes

Quantities

Service Dates

Unit prices

Extended totals

2.08 – Payments

The vendor shall be paid upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified payment shall not be made for partial deliveries accepted. Payments shall be made within thirty (30) working days of receipt of goods and services and a vendor's invoice except when the purchasing agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.45A. An interest penalty of one percent (1%) of any amount approved and unpaid shall be added to the amount approved for each month or fraction thereof after the thirty (30) working days which followed receipt of the goods or services and the vendor's invoice by a purchasing agency.

2.09 – Post Contract Agreements

This contract shall constitute the entire agreement between the State and awarded contractor. 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 shall be non-binding on the State and be cause for breach of contract.

2.10 – Termination of Contracts

A contract or the scope of work 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.

Document Description Page 11

2.11 – 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.

2.12 – 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.

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

Businesses can register with the Secretary of State at https://www.sos.ky.gov/bus/business-filings/ OnlineServices/Pages/default.aspx.

2.13 – Discrimination

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

3. The contractor shall 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 shall 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 shall 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 shall 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 shall 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.

Document Description Page 12

2000000087 Technisonic TDFM-9000 Radios with installation of 26 https://www.sos.ky.gov/bus/business-filings/OnlineServices/Pages/default.aspx https://www.sos.ky.gov/bus/business-filings/OnlineServices/Pages/default.aspx

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 shall 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 shall be binding upon each subcontractor or vendor. The contractor shall 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.

2.14 – Kentucky Sales and Use Taxes

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

2.15 – 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.

2.16 – 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.

2.17 – 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

Document Description Page 13

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 the below buyer. Email is preferred.

Jodyi S. Hall

(502) 782-3976 Phone

(502) 564-7069 Fax jodyis.hall@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:

# The sole point of contact cited in this RFB.

or

# 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 shall 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.

September 25, 2019

3:00pm Eastern Time

Commonwealth’s response to written questions:

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

September 27, 2019

2:00pm Eastern Time

Bids due by 10:00 AM Eastern Time

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.

October 4, 2019

Document Description Page 14 mailto:jodyis.hall@ky.gov

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 shall 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 - Details Button. Click the details button under the RFB/RFP document number.

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

Step 5 - File Name Link. 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 website 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 shall 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 shall 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:

KENTUCKY TRANSPORTATION CABINET

DIVISION OF PURCHASES – 4TH FLOOR EAST

ATTENTION: BID CLERK

200 MERO STREET

FRANKFORT KY 40622

Document Description Page 15

2000000087 Technisonic TDFM-9000 Radios with installation of 26 https://emars311.ky.gov http://www.merriam-webster.com/dictionary/seal

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 shall 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

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 - Search. 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 - Notice of Award. 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.

Document Description Page 16

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 items; however, the specifications are written around specific needs of KYTC CCAD. KYTC 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.

This solicitation is brand and model specific and built around the needs of KYTC CCAD. Exceptions to the specifications shall not be accepted.

3.11 – Alternate Brands/Specifications

Alternate brands shall not be accepted.

3.12 – Equipment

Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped due to an award from this RFB shall be new and the latest or current model year and be in first class condition.

Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

The Commonwealth recognizes rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of contract, the Commonwealth and bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

3.13 – 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 at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf.

Section 4 – Procurement Process and Requirements

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 Policies Related to Procurement and Contracts, 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 shall be posted to the

Document Description Page 17 http://finance.ky.gov/services/policies e-Procurement web site at https://emars311.ky.gov, click Advanced Search, under Status select Cancelled from the dropdown menu, 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 shall 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 shall be in writing and shall be addressed to:

Office of the Secretary Finance and Administration Cabinet 702 Capital Avenue, Room 383 Frankfort, Kentucky 40601

(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

Document Description Page 18

5.00 – Method of Award

Best Value – Ranking Approach

The Commonwealth 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.

Award shall be based on evaluation of all items.

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 Points Price 100 Required - Bidders shall be within 200 nautical miles of CCAD in Frankfort, KY. Pass / Fail

Required – Bidder must be a Factory Authorized Dealer for Technisonic Airborne Communications Systems and authorized to install Technisonic radio equipment in accordance with approved installation manuals and Technisonic owned Supplemental Type Certificates (STCs).

Pass / Fail

TOTAL 100

A bidder shall submit one (1) response to a solicitation and shall not propose more than one (1) model/ brand for each item listed in the solicitation, except for requested tier pricing.

Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

PRICE

The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 95 points is allocated to the lowest Price criteria for this procurement, Bidder “A” bids $3.00 as the lowest bidder and receives the maximum 95 points ($3.00 / $3.00 = 1.00 x 95 = 95). Assume Bidder “B” is the next lowest bidder at $4.00, then “B” receives 71.3 points ($3.00 / $4.00) = .75 x 95 = 71.3)

MANDATORY

Bidder (including installation location) shall be within 200 nautical miles of CCAD in Frankfort, KY. This is a mandatory requirement. Failure to meet this requirement shall deem the bid non-responsive.

MANDATORY

Bidder shall be a Factory Authorized Dealer for Technisonic Airborne Communications Systems and authorized to install Technisonic radio equipment in accordance with approved installation manuals and Technisonic owned Supplemental Type Certificates (STCs). This is a mandatory requirement. Proof of meeting this requirement MUST be provided to the Buyer prior to award. Failure to meet this requirement shall deem the bid non-responsive.

5.01 – Preferences

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).

Document Description Page 19

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 preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the…