Final_RFB_605_2100000149_2_SO_FORM.PDF

Document ID: RFB 605 2100000149 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Addenda: Yes Addenda #: 2

TITLE: Hydraulic Fluid and Motor Oil

Date Issued:

10/9/20 Record Date:

2020-10-09

Solicitation Closes Date:

10/16/20 Time:

10:00

Solicitation No:

RFB 605 2100000149

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 2100000149 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Premium Universal/Multipurpose Hydraulic Fluid

15465.00000 GAL

Comm Code Comm Description Manufacturer Model # Manuf Part #

40551 Oil and Fluid, Hydraulic

Extended Description ALL bid submissions SHALL be submitted electronically to KYTC.Bids@ky.gov. Bids will no longer be accepted by mail using US Postal Service, UPS, Fed Ex or hand delivered/dropped off to the Transportation Cabinet.

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 2100000149 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.

Premium Universal/Multipurpose Hydraulic Fluid

See Section 1 for specifications.

2 Recycled Premium Hydraulic Fluid 55 Gallon Barrels

50820.00000 GAL

Extended Description Recycled Premium Hydraulic Fluid 55 Gallon Barrels

Document ID: RFB 605 2100000149 Page: 3

3 Recycled Premium Hydraulic Fluid 5 Gallon Pails

435.00000 GAL

Extended Description Recycled Premium Hydraulic Fluid 5 Gallon Pails

4 Dexos 1 Approved 5W-30 Motor Oil Quarts 10270.00000 QT

Extended Description Dexos 1 Approved 5W-30 Motor Oil Quarts

5 Dexos 1 Approved 5W-30 Motor Oil Gallons 1290.00000 GAL

Extended Description Dexos 1 Approved 5W-30 Motor Oil Gallons

6 Dexos 2 Approved 5W-40 Motor Oil Quarts 6.00000 QT

Extended Description Dexos 2 Approved 5W-40 Motor Oil Quarts

Document ID: RFB 605 2100000149 Page: 4

7 Dexos 2 Approved 5W-40 Motor Oil Gallons 3730.00000 GAL

Extended Description Dexos 2 Approved 5W-40 Motor Oil Gallons

8 Recycled 15W-40 Oil Quarts 50385.00000 QT

Extended Description Recycled 15W-40 Oil Quarts

9 Recycled 15W-40 Motor Oil Gallons 46300.00000 GAL

Extended Description Recycled 15W-40 Motor Oil Gallons

Document ID: RFB 605 2100000149 Page: 5

10 Bulk Motor Oil 15W-40 for C-1 Garage ONLY 600.00000 GAL

Extended Description Bulk Motor Oil 15W-40 for C-1 Garage ONLY

11 Bulk Synthetic Diesel Oil 5W-40 for C-1 Garage ONLY

1000.00000 GAL

Extended Description Bulk Synthetic Diesel Oil 5W-40 for C-1 Garage ONLY

12 Compass 15W-40 HD Motor Oil 1320.00000 GAL

Extended Description Please see Attachments for complete specifications and requirement.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40622

Document ID: RFB 605 2100000149 Page: 6

Submission Checklist

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

Item The bidder with the lowest price receives maximum points.

The bidder with the best delivery receives maximum points.

10/9/2020 Addendum 1: To answer vendor questions and to extend the bid close date.

Question 1: Under Section 1, it mentions a minimum of 220 gallons. I assume that’s to any one location.

Is that of any one product or a combination of products?

Answer 1: Deliveries to a KYTC location will be of at least 220 gallons of any combination of product.

Question 2: Are lift gates required for delivery trucks or are there docks available?

Answer 2: No loading docks are available. However, if the transport driver can place product at the rear of the van box or trailer, we can offload from the rear with a forklift.

Bids are now due at 10/16/2020 at 10:00 am EST.

NEW – Effective 9-8-20 ALL bid submissions MUST be submitted electronically to KYTC.Bids@ky.gov. Bids will no longer be accepted by mail using US Postal Service, UPS, Fed Ex or hand delivered/dropped off to the Transportation Cabinet.

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 MUST NOT be considered for award.

_____ FACE OF SOLICITATION – SIGNED (See Section 3.04)

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ TECHNICAL DATA AND SPECIFICATION SHEET FOR ALL LINE ITEMS

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 must comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions MUST NOT be accepted and MUST cause the bid to be deemed non-responsive.

The General Conditions and Instructions for Solicitations and Contracts must 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 must be deemed to have assented to these conditions by the act of bidding.

Section 1 - Specifications – Commodity

1.00 - Specifications of Commodity

Document Description Page 7

2100000149 Hydraulic Fluid and Motor Oil mailto:KYTC.Bids@ky.gov

Requirements for all line items:

Vendor will warranty and reimburse any repair cost, down time cost and equipment rental cost associated with or caused by a defective product.

Minimal quantities ordered and delivered must be 220 gallons.

Vendor will be required to deliver requested fluids to 14 predetermined locations across the State:

Paducah, Somerset, Madisonville, Columbia, Bowling Green, Flemingsburg, Elizabethtown, Beattyville, Louisville, Manchester, Williamstown, Pikeville, Lexington, and Frankfort.

ITEM 1 – PREMIUM UNIVERSAL/MULTIPURPOSE HYDRAULIC FLUID

Must have capabilities to top off systems and not compromise the life cycle of OEM factory fluids. Unit price to be per gallon. To be labeled for AG & Construction Equipment Only

Must meet or exceed Mobile 424 or Chevron 1000THF Smitty's Supply Super 5 Premium UTHF in 5 Gallon Pails (Approved Equivalent)

ITEM 2 – RECYCLED PREMIUM HYDRAULIC FLUID 55 GALLON BARRELS

Must have capabilities to top off systems and not compromise the life cycle of OEM factory fluids. Recycled fluid barrels/pails will be labeled with Batch Number, Barrel Number and Delivery Order Number for tracking purposes. See attached specifications and requirements. Unit price to be per gallon. To be labeled for Dump Truck Use Only

A copy of the Certificate of Analysis must be provided to the Division of Equipment, Attn: Warehouse Section for every 2,750 gallons of recycled hydraulic fluid prior to shipment to validate the quality of the product. It is recommended the vendor retain a sample of a batch of starting material, packaging material and finished product for the purpose of being analyzed should the need arise during the shelf life of the batch concerned.

Product Description

This specification is intended to describe the requirement for multifunctional lubricating fluid formulated from twenty-five 25% re-refined oil stocks to be used as a primary hydraulic fluid. Fluid to be an extra high performance engineered to meet or exceed hydraulic fluid requirements. Designed to optimize the performance of commercial heavy equipment operating in a wide range of environments and conditions.

Fluid must combine select base oils and an advanced additive package to deliver the varied lubricant performance properties required in severe duty applications of construction equipment. Intended for use in high-speed, high-pressure, high output piston, vane and gear pumps operating under severe conditions where high levels of anti-wear, film strength and temperature protection are needed.

Typical Properties

Viscosity, ASTM D 445 cSt @ 40ºC Minimum of 30(Meets or exceeds) cSt @ 100ºC 4.5

Viscosity Index, ASTM D 2270 90

Pour Point, ºC, ASTM D 97 15

Flash Point, ºC, ASTM D 92 210

Earth Driven Premium AW32 -55 Gallon Barrels or Approved Equivalent

ITEM 3 – RECYCLED PREMIUM HYDRAULIC FLUID 5 GALLON PAILS

Must have capabilities to top off systems and not compromise the life cycle of OEM factory fluids. Recycled fluid barrels/pails will be labeled with Batch Number, Barrel Number and Delivery Order Number for tracking

Document Description Page 8 purposes. See attached specifications and requirements. Unit price to be per gallon. To be labeled for Dump Truck Use Only

A copy of the Certificate of Analysis must be provided to the Division of Equipment, Attn: Warehouse Section for every 2,750 gallons of recycled hydraulic fluid prior to shipment to validate the quality of the product. It is recommended the vendor retain a sample of a batch of starting material, packaging material and finished product for the purpose of being analyzed should the need arise during the shelf life of the batch concerned.

Product Description

This specification is intended to describe the requirement for multifunctional lubricating fluid formulated from twenty-five 25% re-refined oil stocks to be used as a primary hydraulic fluid. Fluid to be an extra high performance engineered to meet or exceed hydraulic fluid requirements. Designed to optimize the performance of commercial heavy equipment operating in a wide range of environments and conditions.

Fluid must combine select base oils and an advanced additive package to deliver the varied lubricant performance properties required in severe duty applications of construction equipment. Intended for use in high-speed, high-pressure, high output piston, vane and gear pumps operating under severe conditions where high levels of anti-wear, film strength and temperature protection are needed.

Typical Properties

Viscosity, ASTM D 445 cSt @ 40ºC Minimum of 30(Meets or exceeds) cSt @ 100ºC 4.5

Viscosity Index, ASTM D 2270 90

Pour Point, ºC, ASTM D 97 15

Flash Point, ºC, ASTM D 92 210

Earth Driven Premium AW32 -5 Gallon Pails or Approved Equivalent

ITEM 4 – DEXOS 1 APPROVED 5W-30 MOTOR OIL QUARTS

Unit price to be per quart. To be labeled for Gas Engines Only

MAG1 Full Synthetic Dexos 5W30 Motor Oil Quarts Shell 5W30 Quart Rotella 5W30 Quart Valvoline 5W30 Quart Or Approved Equivalents

ITEM 5 – DEXOS 1 APPROVED 5W-30 MOTOR OIL GALLONS

Unit price to be per gallon. To be labeled for Gas Engines Only/Gallon

Smitty's Supply Super 5 Dexos 1 Full Synthetic 5W30 Motor Oil Gallon Shell 5W30 Gallon Rotella 5W30 Gallon Valvoline 5W30 Gallon Or Approved Equivalents

ITEM 6 – DEXOS 2 APPROVED 5W-40 MOTOR OIL QUARTS

Unit price to be per quart. Central Office Use. To be labeled for Light Duty Diesel Only

Shell Rotella T6 5W40 Quarts

Document Description Page 9

Rotella 5W40 Quart Valvoline 5W40 Quart Or Approved Equivalents

ITEM 7 – DEXOS 2 APPROVED 5W-40 MOTOR OIL GALLONS

Unit price to be per gallon. To be labeled for Light Duty Diesel Use Only/Gallon

Valvoline Premium Blue Extreme 5W40 Gallon Shell 5W40 Gallon Rotella 5W40 Gallon Or Approved Equivalents

ITEM 8 – RECYCLED 15W-40 MOTOR OIL QUARTS

Unit price to be per quart. See attached specifications and requirements. To be labeled for Heavy Duty Diesel Engines Only/Quart.

Oil must be SAE grade 15W-40, which meets the present requirements of API (American Petroleum Institute) service classifications CJ-4/SM. Suitable for a wide range of heavy-duty engine applications on-highway fleets, general haul, construction, agriculture, high-power vehicles where resistance to increased heat and stress is required.

Oil must contain a minimum of twenty-five percent (25%) re-refined stock (not recycled) as defined by industry oil production standards. Products must be blended or formulated to achieve or exceed the above API designation. Effectively sustain emissions control system durability where diesel particulate filters and after-treatment systems are used. Must provide enhanced protection against viscosity loss due to shear and improved oil aeration. Must have low-ash formulation (sulfated index must not exceed .9) to help protect the exhaust catalyst and diesel particulate filters found on the latest low-emission heavy-duty engines and older hard working diesel engines. Must meet or exceed current emission standards for heavy-duty diesel engines. Commercial, agricultural, over the road equipment such as Cummins, Detroit Diesel Engines, Volvo, Isuzu, Caterpillar, Mercedes Bens, Mack, Ford and International Maxxforce.

Formulation must consist of the latest technology in soot dispersant, detergent, oxidation, inhibition, anti-wear, corrosion inhibition, viscosity improver, and de-foaming additives. Product must include additives and anti-wear agents to give the resultant product a designation of "heavy duty- long live" engine lubricant.

MAG1 Premium Conventional Heavy Duty Diesel 15W40 Quarts Shell 15W40 Quart Rotella 15W40 Quart Valvoline 15W40 Quart Or Approved Equivalents

ITEM 9 – RECYCLED 15W-40 MOTOR OIL GALLONS

Unit price to be per gallon. See attached specifications and requirements.

To be labeled for Heavy Duty Diesel Engines Only/Gallon.

Oil must be SAE grade 15W-40, which meets the present requirements of API (American Petroleum Institute) service classifications CJ-4/SM. Suitable for a wide range of heavy-duty engine applications on-highway fleets, general haul, construction, agriculture, high-power vehicles where resistance to increased heat and stress is required.

Oil must contain a minimum of twenty-five percent (25%) re-refined stock (not recycled) as defined by industry oil production standards. Products must be blended or formulated to achieve or exceed the above API designation. Effectively sustain emissions control system durability where diesel particulate filters and after-treatment systems are used. Must provide enhanced protection against viscosity loss due to shear and improved oil aeration. Must have low-ash formulation (sulfated index must not exceed .9) to help protect the exhaust catalyst and diesel particulate filters found on the latest low-emission heavy-duty engines and older hard working diesel engines. Must meet or exceed current emission standards for heavy-duty diesel engines. Commercial, agricultural, over the road equipment such as Cummins, Detroit Diesel Engines, Volvo, Isuzu, Caterpillar, Mercedes Bens, Mack, Ford and International Maxxforce.

Document Description Page 10

Formulation must consist of the latest technology in soot dispersant, detergent, oxidation, inhibition, anti-wear, corrosion inhibition, viscosity improver, and de-foaming additives. Product must include additives and anti-wear agents to give the resultant product a designation of "heavy duty- long live" engine lubricant.

MAG1 Premium Conventional Heavy Duty Diesel 15W40 Gallon Shell 15W40 Gallon Rotella 15W40 Gallon Valvoline 15W40 Gallon Or Approved Equivalents

ITEM 10 – BULK MOTOR OIL 15W-40 FOR C-1 GARAGE ONLY

This line item must only be used to fill the tank at the C-1 Garage.

Unit price to be per gallon.

Safety Kleen Performance Plus/Multiguard Heavy Duty Diesel 15W40 Motor Oil or Approved Equivalent

ITEM 11 – BULK SYNTHETIC DIESEL OIL 5W-40 FOR C-1 GARAGE ONLY

This line item must only be used to fill the tank at the C-1 Garage.

Unit price to be per gallon.

Safety Kleen Performance Plus/Multiguard Heavy Duty Diesel 15W40 Motor Oil or Approved Equivalent

ITEM 12 – COMPASS 15W-40 HD MOTOR OIL

Unit price to be per gallon. To be provided in 55 gallon drum.

Compass Heavy Duty 15 W 40 or Approved Equivalent

1.04 Warranty and Reimbursement

Vendor will warranty and reimburse any repair cost, down time cost and equipment rental cost associated with or caused by a defective product.

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: Hydraulic Fluid and Motor Oil

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 must 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 must be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, Document Description Page 11 whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions;

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

2.02 - Initial Contract Period

The Master Agreement will be for the initial period beginning November 1, 2020, and will expire October 31, 2021.

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 must 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 must be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

Division of Equipment and Districts 1-12.

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 must 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 must provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases. Notice of withdrawal must be provided a

Document Description Page 12 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 must 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 must 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 must 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 must report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications must be subject to the provisions of 200 KAR 5:311.

2.10 - Basis of Shipment

Quotations of unit prices on this solicitation must be F.O.B. Destination Freight Prepaid and Allowed to the receiving agency. The vendor must 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 must be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail) concerning this procurement must be submitted to:

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

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

Document Description Page 13

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 must 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 must 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 must 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 must have the right to reject the items or services or require acceptable correction at the vendor’s expense.

2.14 - Invoices

Invoices, if required, must be prepared and transmitted to the agency receiving the goods or services.

One copy must be marked "original" unless otherwise specified. Each invoice must contain at least the following information:

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 must 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 must be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

Document Description Page 14

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 must 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 must 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 must be of no effect upon this contract. Unless, contractually provided, the Commonwealth must 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 must 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 must be or must 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 must 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 must 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

Document Description Page 15

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 must 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 must 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 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 must 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 must 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.

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

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

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

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

2.25 - 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

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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, must 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 must not be deemed as directly pertinent to the contract and must 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 must 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 must 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 must 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 must not limit the right to audit stated above. Such books and records must 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 must place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.31 - Governing Law

This Contract must be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract must 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 must 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 must be addressed to:

Brandon Milby

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

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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.

Deadline for written questions

All questions must submitted in writing by the date and time specified.

No questions must 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.

10/1/2020 4:00 PM

Commonwealth’s response to written questions

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

10/6//2020 4:00 PM

Bids due by 10:00 AM

Notice to Vendors:

NEW – Effective 9-8-20 ALL bid submissions MUST be submitted electronically to KYTC.Bids@ky.gov. Bids will no longer be accepted by mail using US Postal Service, UPS, Fed Ex or hand delivered/dropped off to the Transportation Cabinet.

See page 1 for Closing Date.

Tentative Award Date 10/29/2020

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 must be used by Offerors in preparing a response to this RFB.

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

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

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

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

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

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

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.

Vendors must submit bids electronically to KYTC.Bids@ky.gov

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 2100000149 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.

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2100000149 Hydraulic Fluid and Motor Oil mailto:KYTC.Bids@ky.gov mailto:**KYTC.Bids@ky.gov

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

Mailed (using any mail carrier) and Fax Bid Response copies are NOT acceptable for this RFB and must be considered non-responsive.

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

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

3.05 - Acknowledgment of Addenda to Solicitations

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

3.06 - Modification or Withdrawal of Bids

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 must not mention unit prices or total price; but must only refer to percentage change or numerical change.

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

3.07 - E-Procurement Award Notification

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

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

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

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

3.08 - Vendor Terms and Conditions

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

The…