Final_RFB_605_2000000729_1_SO_FORM.PDF

Document ID: RFB 605 2000000729 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Portable Variable Message Center Trailer Rebid

Date Issued:

7/14/20 Record Date:

2020-07-14

Solicitation Closes Date:

8/5/20 Time:

10:00

Solicitation No:

RFB 605 2000000729

Online Bidding Prohibited: Yes

For Information Call:

Brandon Milby 502-782-3979

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 2000000729 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Portable Variable Message Center, Trailer Mounted

19.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

55014 Early Warning System, Engine Powered, Trailer Mounted (Or fo

Extended Description For email submission: READ CAREFULLY!!

VENDOR MUST PRINT the RFB document, FILL IT OUT, SCAN IT, THEN EMAIL the entire bid document and any other required information in order for their emailed bid submission to be considered.

Send a complete scanned version of your bid submission to KYTC.Bids@ky.gov.

Put RFB 605 2000000729 in the Subject Line of the email.

**DO NOT COPY THE BUYER OR ANY OTHER PERSON WHEN EMAILING YOUR BID or your bid may be deemed non-responsive since confidentiality will be breached.** **KYTC.Bids@ky.gov is ONLY for the purpose of submitting a bid responses. All questions related to a solicitation or the process must be sent directly to each buyer at the email listed below.

Bidders who are bidding on more than one RFB at the same time MUST submit their bids via separate emails for each RFB.

Be sure to include the signed cover page of the solicitation, ALL pricing pages/bid sheets, delivery requirements (if applicable), any applicable signed/ notarized Affidavits, and any other required documents.

Emails with attachments can be delayed, therefore vendors are encouraged to submit in enough time to allow email delivery by 10:00am on the bid closing date.

Delays due to technological issues shall not be justification for acceptance of a late bid.

THIS IS A REQUEST TO ESTABLISH A MASTER AGREEMENT FOR KYTC

DIVISION OF EQUIPMENT

**THIS IS NOT AN ORDER, QUANTITIES LISTED ARE ONLY ESTIMATES

2 Item Removed From Solicitation 0.00000 EA

Item Removed From Solicitation

Document ID: RFB 605 2000000729 Page: 3

3 Letter/ Character Replacement 10.00000 EA

THIS IS A REQUEST TO ESTABLISH A MASTER AGREEMENT FOR KYTC DIVISION OF EQUIPMENT

**THIS IS NOT AN ORDER, QUANTITIES LISTED ARE ONLY ESTIMATES

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40622

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40622

Document ID: RFB 605 2000000729 Page: 4

Submission Checklist

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

Item The bid with the lowest price receives maximum points.

The bid with the best delivery gets maximum points.

NEW – Effective 3-23-20 bid submissions may be submitted electronically to KYTC.Bids@ky.gov. Vendors will no longer be able to hand deliver/drop off bids to the Transportation Cabinet. All bids shall be mailed using US Postal Service, UPS, or Fed Ex, or emailed according to Section 3.04.

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.

Section 1 - Specifications – Commodity

1.00 - Specifications of Commodity

ITEM 1 – SOLAR POWERED PORTABLE MESSAGE BOARD, TRAILER MOUNTED (19 each)

GENERAL: It is the intent of the following specifications to describe minimum requirements for a trailer mounted solar powered message board upon which electronically generated LED lamp messages will be displayed to highway traffic as advisories or for the purposes of warning and/ or control. The Solar message board will have a sufficient energy backup to operate for a period of 30 days without any sun. The solar panel generator must be capable of recharging the battery bank at a rate of 2.5 hours sunlight in 24 hours. The trailer and all mounted equipment must be structurally adequate for unlimited, normal operation in wind velocities normally encountered on a roadway, having the capability to remain operational under inclement weather conditions, and be

Document Description Page 5

2000000729 Portable Variable Message Center Trailer Rebid mailto:KYTC.Bids@ky.gov designed to allow for one person transport and operation. The sign case should be angled from the top to bottom in a way to prevent glare from headlights. Unit to be manufacturer's latest current production model and meet minimum safety measures for this device.

Variable Message Signs meeting minimum specifications must also be listed on the Department’s List of Approved Materials.

The list may be found at the link below.

https://transportation.ky.gov/Materials/Documents/LAM.PDF

DISPLAY CABINET

SIZE: Approximately 130” long x 72” high x 12” thick; board should have 3 degree taper from top to bottom to help reduce glare.

LETTER ARRANGEMENT: Three lines of 8 characters per line (total 24 letter characters).

MATERIAL: Aluminum construction and assembled as to prevent dissimilar metal action from, painted flat black for non-glare. Top and sides equipped with rain gutters formed into the aluminum sheet metal.

MODULE COVERING: The front face of the sign shall be covered with a clear UV inhibited Lexan polycarbonate sheet or equivalent. Hinges to be stainless steel. Cover shall have telescoping prop slides to hold door open for service.

VENTILLATION: Two (2) thermostatically controlled cooling fans will be provided for cooling and to control condensation in models without LED technology.

MODULE SERVICEABILITY: Modules shall require only a nut driver and screwdriver for changing. All letters shall be identical and have the ability to be moved from one location to another without any changes to letters.

SIGN SUPPORT: The message sign panel to be supported on a telescoping upright member in a manner to permit raising the sign for operation and lowering it for transport. The upright device will enable 360 degree rotation and lock into position after being manually rotated. Sign must be at least 6 ½’ feet above the ground when in the fully raised position. In the transport position sign orientation will be in a position to minimize wind-drag during towing.

Document Description Page 6

LETTER CHARACTERS

CHARACTER SIZE: shall be a minimum of 18 inches in height and 12 inches in width and composed of a minimum of 35 pixels.

PIXEL TYPE: Pixels must be composed of four LEDs per pixel constructed so that loss of a single LED will only affect ¼ the pixel.

LED COLOR: Yellow-orange at 590 +/- 4 nm.

LED BRIGHTNESS: The computer shall automatically adjust the sign brightness to maintain legibility at a distance of ½ mile under both day and night conditions. Legibility shall be maintained without being too dim or intense.

OPTICAL LENSES AND SUNSHADES: Each pixel shall have a snap-in optical lens to enhance brightness and reduce power consumption with a sunshade provided over each letter to eliminate glare on models without LED technology.

CONTROL CONSOLE

CONTROL TYPE: Self contained on-board computer. No laptop computer required to program or run sign display to allow for ease of operator use and safety of direct access without the use of external plug in devices. Computer shall be equipped with a timer to allow for special on-off timing and special message timing. The computer shall have the capability to display up to six

(6) messages in sequence, with variable timing in ¼ second increments. The on-board computer shall be equipped with NTCIP compliant software.

PROGRAMMING EASE: Unit shall have a ‘Quick Message Feature’ to allow an operator to display a 6 frame sequence on the sign with minimal training. Instructions and prompting will be displayed on a minimum 7” inch colored LCD pressured sensitive display screen. Ability to review messages on the LCD screen before display on the message sign shall be provided. A minimum of 200 preprogrammed messages accessible through an LCD touch screen controller (provided with the unit).

CONSOLE: The computer and power control unit shall be housed in a weather resistant, shock resistant lockable control box which shall include a light for night operation. The power control unit shall contain two current meters, one to show the amperage generated with the battery charger and one to show the amperage from the solar panels to the battery bank. The power control unit shall incorporate a PV regulator with thermal compensation for variances in ambient temperature to regulate the charge rate to the battery bank.

Document Description Page 7

SECURITY: System shall have password protection for programming of message display and to adjust settings. Console will be protected with an equipped keyed lock and a heavy-duty hasp that will allow for an additional lock. This will provide for a double means of secured entry.

POWER SYSTEM

The Solar Message center designed to accept two (2) power sources. The primary power supply will be a battery bank consisting of batteries wired in parallel/series to obtain 12V DC output. The battery bank is to be housed in a lockable plastic battery box with aluminum access cover. The battery bank shall be recharged by a solar panel array producing a minimum of 150 watts of power.

The solar panel array shall be located over (on top of) the display cabinet. Each solar panel shall have a blocking and by-pass diode arrangement to prevent power back flow should a panel get damaged or shaded. A built in battery charger shall be provided to allow charging from a 120VAC power source if needed.

The secondary power source shall allow the unit to accept 120VAC electrical service.

Both two power sources must be enclosed in an appropriate protective housing.

TRAILER

The trailer will serve both as a carrier and as an operating platform for all components of the complete unit. The base structure will be designed with structural rectangular steel tubing providing an adequate frame for the unit. All tubing will be joined by continuous bead welds. All tubing ends shall be closed ends. Axle and suspension systems shall be rated at a minimum of 3500 pounds.

Wheels and tires shall be a minimum of 15 inch, 4 ply rating and shall be rated for towing at highway speeds of 65 miles per hour. A fender shall be installed over each wheel.

The trailer should be equipped with a hydraulic brake actuator system with an automatic back up release system if required on trailer.

Four crank type, heavy duty, industrial leveling jacks, one on each corner of the trailer, shall be installed.

An LED lighting system shall be provided for the trailer, to include tail lights, stop lights, turn signals, license plate light and reflectors. A trailer electrical cable and connector shall be installed.

To eliminate tubing installation chafing all wiring shall be routed and clamped underneath the structural tubing. A 2-inch ball type hitch with double safety chains in accordance with SAE J684F shall be installed.

SIGHT TUBE: A sight tube for aiming the message sign to the desired location shall be provided.

Document Description Page 8

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment. Make/Model submitted must be accompanied by manufacturers' literature.

VERMAC PMCS1210 or Approved Equal

ITEM 2 – REMOVED FROM THE SOLICITATION

ITEM 3 - LETTER/CHARACTER REPLACEMENT

Vendor to provide pricing for replacement letter characters for units described in Line Items 1.

APPLICABLE TO ALL LINE ITEMS:

STANDARD EQUIPMENT: Unit shall contain all standard equipment listed as such in the manufacturer’s latest literature unless otherwise stated within these specifications.

ADDITIONAL EQUIPMENT: Unit shall contain any additional equipment, not specifically mentioned but necessary, to make a COMPLETE and WORKABLE unit.

REGULATIONS: Unit shall meet any state or federal OSHA, Manual on Uniform Traffic Control Devices (MUTCD), or DOT regulations as applicable. Unit will be delineated on a permanent basis with retro reflective material in a continuous line on the face of the trailer as seen by oncoming road users.

MANUALS: One (1) operator’s manual and one (1) parts & service manual shall be provided with each unit. Routine maintenance of the unit shall be described in these manuals. A detailed electrical schematic shall also be included with the service manual, describing all electronic and solid-state components. All manuals shall be provided at the time of delivery of the units. Any item not produced by the manufacturer and necessary to make a complete and workable unit will also be required to have the same manuals furnished. All manuals to be current with year model of the equipment delivered and shall accompany the delivery of the units.

WARRANTY: Units shall have a manufacturer’s warranty against defective parts and materials for a period of two (1) year. Warranty shall include 100 percent parts and labor for warranted repairs.

All warranty repairs shall be done on-site and performed “only” by a manufacturer’s authorized representative. A warranty card or document shall be provided with each unit.

Document Description Page 9

PARTS AND SERVICE: Successful bidder shall be able to provide OEM repair parts/service within 36 hours after receiving notification from the Division of Equipment of equipment breakdown.

Service work shall only be performed by manufacturer trained and certified technician.

PRE-SERVICE: All new equipment must be pre-serviced to the manufacturer’s recommendations and in first class operating condition when delivered. All service work shall be done in the vendor’s place of business or in another location provided by the vendor. No major assembly or servicing of equipment will be allowed on Highway Department property. Only minor modifications to equipment necessary to bring the item into compliance with specifications will be permitted on Highway Department property.

ADVERTISING: Unit shall be entirely free of any and all advertising attachments of dealer, such as clips, license brackets, mud flaps or other devices bearing vendor’s name.

1.01 - Federal Language

Federal funds may be used to make payment against the resulting contract. Therefore, FHWA 1273 requirements (with the exception of Davis Bacon) and Buy America requirement section

106.04 from the 2012 Standard Specifications for Road and Bridge Construction shall be required on this solicitation and the resulting award/contract. Prevailing Wage Rates (Davis Bacon) do not apply because this is a commodity not a service contract.

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 Equipment to award a master agreement contract for: Portable Variable Message Centers Trailer Mounted Rebid.

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.

Document Description Page 10

2.02 - Initial Contract Period

The Master Agreement will be for the initial period of upon award to expire in one year.

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 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:Division of Equipment.

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

2.05 - Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

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: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. Only one price increase will be allowed during the contract period. The price increase must be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request

Document Description Page 11 additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a minimum of forty-five (45) days prior to the effective date however the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

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

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A. Price Increases”. One (1) additional price increase may be granted during the extended contract period. This price increase will not be allowed during the first six

(6) months of the extended contract period and will be subject to the conditions in “A” above.

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. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

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 - Basis of Shipment

Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed to the receiving agency. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency. The responsibility for filing freight claims lies with the vendor.

2.11 - 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:

Document Description Page 12

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

200 Mero St. 4th Floor

Frankfort KY, 40622

Phone: 502-782-2979

E-mail: Brandon.Milby@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.

2.12 - Deliveries

Delivery at the earliest possible date is desired. See Section 5.00 to indicate delivery time.

The Vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date.

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.

2.13 - 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.

2.14 - 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:

Document Description Page 13

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.15 - 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 will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

2.16 - Vendor’s Report

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.

2.17 - 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.

2.18 - 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

Document Description Page 14 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.

2.19 - 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.

2.20 – Ethics Compliance

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS 11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808. Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, and/or debarment.

2.21 - 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.

2.22 - 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.

2.23 - 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 15

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

2.24 - 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

Document Description Page 16 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.

2.25 - 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.

2.26 - 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

2.27 – Extension to Other Agencies

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s).

Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

If Contracts are used by state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials/ services purchased from an agreement will be directly between the user agencies and Vendors.

2.28 - Extension to Political Subdivisions

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to political subdivisions and local government entities who may have need for the product(s) and/or service(s). Prior approval from the Finance Cabinet is not required.

If Contracts are used by political subdivisions, such responsibilities will be assumed by the user agency. All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

2.29 - 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

Document Description Page 17 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.

2.30 - 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.

2.31 - 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:

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

200 Mero St. 4th Floor

Document Description Page 18

Frankfort KY, 40622

Phone: 502-782-2979

E-mail: Brandon.Milby@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.

Document Description Page 19

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.

07/17/2020

Commonwealth’s response to written questions

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

07/22/2020

Bids due by 10:00 AM

Notice to Vendors:

Effective 3-23-2020 vendors will no longer be able to hand deliver/ drop off bids to the Transportation Cabinet. All bids shall be mailed using US Postal Service, UPS, or Fed Ex, or emailed according to Section 3.04.

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 08/12/2020 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.

Document Description Page 20 https://emars311.ky.gov

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

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. At this time, vendors may submit documents that have been signed electronically or signed and then scanned.

For Mail Submission:

All bids shall be mailed using US Postal Service, UPS, or Fed Ex.

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

Document Description Page 21

2000000729 Portable Variable Message Center Trailer Rebid http://www.merriam-webster.com/dictionary/seal 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

For email submission: READ CAREFULLY!!

VENDOR MUST PRINT the RFB document, FILL IT OUT, SCAN IT, THEN EMAIL the entire bid document and any other required information in order for their emailed bid submission to be considered.

Send a complete scanned version of your bid submission to KYTC.Bids@ky.gov.

Put RFB 605 2000000729 in the Subject Line of the email.

**DO NOT COPY THE BUYER OR ANY OTHER PERSON WHEN EMAILING YOUR BID or your bid may be deemed non-responsive since confidentiality will be breached.**

**KYTC.Bids@ky.gov is ONLY for the purpose of submitting a bid responses. All questions related to a solicitation or the process must be sent directly to each buyer at the email listed below.

Bidders who are bidding on more than one RFB at the same time MUST submit their bids via separate emails for each RFB.

Be sure to include the signed cover page of the solicitation, ALL pricing pages/bid sheets, delivery requirements (if applicable), any applicable signed/notarized Affidavits, and any other required documents.

Emails with attachments can be delayed, therefore vendors are encouraged to submit in enough time to allow email delivery by 10:00am on the bid closing date.

Delays due to technological issues shall not be justification for acceptance of a late bid.

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

Document Description Page 22

2000000729 Portable Variable Message Center Trailer Rebid mailto:KYTC.Bids@ky.gov mailto:**KYTC.Bids@ky.gov 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

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.