Final_RFB_605_2300000012_1_SO_FORM.PDF

Document ID: RFB 605 2300000012 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Hi Vis Jackets & Shirts (REBID)

Date Issued:

07/07/2022 Record Date:

2022-07-07

Solicitation Closes Date:

7/29/22 Time:

13:30

Solicitation No:

RFB 605 2300000012

Online Bidding Prohibited: No For Information Call:

Allyson May 502-782-3981

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

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 2300000012 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Hi Vis Jackets & Shirts 0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

34579 Reflective Safety Apparel and Accessories (See 345-08 for No

Extended Description

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.***

Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.*

To do this, see attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

*ALL actual BID PRICES and DELIVERY TIME must be entered on attached "Bid Sheet" and submitted as an attachment in the e-procurement system.*

*Please enter contact person, phone number, and email address on the bid sheet.*

See Section 1 for Specifications

Shipping Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40622

Billing Information KYTC Office of the Secretary

200 Mero Street 6th Floor Frankfort KY 40622

Document ID: RFB 605 2300000012 Page: 3

Submission Checklist

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

Item The bidder with the lowest price receives the maximum score Earliest guaranteed delivery for Regular items Earliest guaranteed delivery for Custom items.

This is a rebid of RFB 605 2200000728

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

Link: https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

***See attached document “How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf”***

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Registration Guides are provided at https:// finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-

HELP (4357).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS

AND CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD

SOLICITATION REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

PUBLIC BID READINGS

In-person public bid readings have been discontinued by the KYTC Division of Purchases. We now offer public bid readings via telephone.

Any person wishing to hear a bid reading may call our conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

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.

Document Description Page 4

2300000012 Hi Vis Jackets & Shirts (REBID) https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

_____ BID INFORMATION – COMPLETED (See Section 5.00)

_____ BID SHEET – (See Attachment F)

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

_____ 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)

_____ SIZING CHART

_____ WARRANTY INFORMATION

_____ SAMPLE OF PRODUCT (Upon Request)

_____ RETROREFLECTIVE TAPE CERTIFICATION

_____ FABRIC TESTING DATA

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: https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx 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

These specifications are written around specific needs of this agency. Therefore, requirements have been identified in the specifications with the intent to standardize items and to establish a certain standard of quality.

Attached Size Chart(s) (Hi-Vis Shirts Sizing Chart) are for reference only. Sizes are approximates.

Vendor is to submit a size chart for the product with the bid.

All garments shall been third-party tested to comply with ANSI 107-2015 Type R Performance Class 3. .

Document Description Page 5

2300000012 Hi Vis Jackets & Shirts (REBID) https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx

All garments shall have a Label that shall include the following minimum information as required for ANSI/

ISEA 107-2015:

Manufacturer name

ANSI/ISEA 107-2015

Fabric type

Seller item number

Size

Pictogram showing garment Type, Class and Level of performance

Care guide and maximum number of cycle

All garments shall have the attached logo screen printed to the left breast, (when pocket utilized, apply logo to pocket). (See Attachment G – KYTC Logo)

Note: Prices are being requested for the clothing with the 3 color logo on the left chest.

The following material and construction requirements apply to all garments:

Complete garment shall comply with ANSI/ISEA 107-2015 Type R Performance Class 3.

There shall be no raw edges on any component. All edges shall be hemmed and stitched.

Any label that is sewn into the collar of the t-shirt must be made from a soft fabric that is not abrasive to the wearer’s neck.

1.01 - Background Material – ANSI/ISEA 107-2015 certified:

All components of each garment shall be 4.1 oz/yd2 fluorescent yellow-green 100% polyester birdseye knit. All threads for all seams shall be color-matched to background material fluorescent yellow-green Shall meet color, performance and care label recommendations per ANSI/ISEA 107-2015 The fabric shall be treated with an inherent wicking finish to transport moisture away from the body to aid in keeping the body dry. Shall meet third party certificate of compliance for the background material as required by ANSI/ISEA 107-2015. Background material shall be certified to minimum seventy-five (75) home washings.

1.02 - Retroreflective Material – ANSI/ISEA 107-2015 certified:

Stripes shall consist of two (2) inch wide 3M™ Scotchlite™ Reflective Material – 8712 Home Wash Trim.

Shall be certified as ANSI/ISEA 107-2015 Level 3 retroreflective material.

The retroreflective trim shall be laminated onto the background material using guidelines for the lamination process as set forth by the manufacturer. Stitching of retroreflective trim to background material is prohibited. Shall be certified to twenty-five (25) home washings. Shall meet care label recommendations and labeled per ANSI/ISEA 107- 2015.

Document Description Page 6

2300000012 Hi Vis Jackets & Shirts (REBID)

Recommended Care Guide:

Washing Instructions

Wash warm, 40 °C (105 °F)

Max washings for retroreflective trim – 25X

Max washings for background material – 75X

Do not bleach

Do not use fabric softeners

Do not use dryer sheets

Tumble-dry low

Use cool iron, 110 °C (230 °F)

Dry-clean, normal cycle

The following design / construction features will apply to the specified garment type:

1.03 Bomber Jacket

The background materials must be made of ANSI 107 certified lime 100% polyester pongee with durable water repellant (DWR) finish (waterproof is acceptable but not required). Black 100% spun polyester of the same weight and construction must be sewn into the front of the jacket below the reflective stripe as well as along the forearm area.

The body and collar must be lined with black 100% polyester fleece.

The sleeves must be lined with regular quilted padding using 190T Polyester taffeta.

The jacket must be interlined with 100% polyester brushed tricot.

The bottom cuff and arm cuffs must be black 1 x 1 rib knit 3 inches wide.

The jacket must have 2-inch-wide reflective material (3M 8910 Scotchlite or approved equivalent) that meets all performance requirements of reflective material prior and after test exposure per ANSI/ISEA 107-2015. The reflective material must be sewn onto the fabric in an approved ANSI 107 pattern onto each of the shoulders and side seams as well as two strips on each sleeve between the elbow and the wrist and the elbow and the shoulder; each are sewn into the arm seams.

There must be a color matched lime Mic-tab located 5 inches below the higher shoulder point of the left shoulder. The preferred measurements of the Mic-tabs are 1-inch x 2 ½ inch.

The jacket must have two hidden slant waist pockets with plastic zipper closures with bar tacks on both ends of zippers.

Document Description Page 7

The jacket must have an inner pocket on the right chest with hook and loop closure. The preferred pocket size is 6 inches x 7 inches.

The jacket must have a left chest accordion (gusset) pocket and two pencil pockets. The gusset pocket must have a flap with hook and loop closure. The bottom of the pocket must rest on the top edge of the upper reflective stripe. The pocket must be made of ANSI107 certified Lime 100% polyester pongee with durable water repellant (DWR) finish. The preferred size of the gusset pocket is 3 inch by 5 ¾ inch. The logo must be applied to the left chest pocket.

The front of the garment must have an interior wind flap, preferably 1 1/2” wide.

The center front of the jacket must have a black zipper with bar tacks on the ends of zipper. It is preferred that the zipper be reversible.

1.04 Class 3 Zippered Sweatshirt with Hood

The background materials must be made of ANSI 107 certified lime 100% spun polyester microfiber knitted, non-pilling fleece. Black 100% spun polyester of the same weight and construction must be sewn into the front of the sweatshirt below the reflective stripe as well as along the forearm area.

The background fabric must be sewn onto the 100% cotton waffle knit liner. The waffle knit liner must be either gray or black to hide dirt.

The sweatshirt must have 2-inch-wide reflective material (3M 8910 Scotchlite or approved equivalent) that meets all performance requirements of reflective material prior and after test exposure per ANSI/ISEA 107-2015. The reflective material must be sewn onto the fabric in an approved ANSI 107 pattern onto each of the shoulders and side seams as well as two strips on each sleeve between the elbow and the wrist and the elbow and the shoulder; each are sewn into the arm seams.

The sweatshirt must have two waist pockets. The preferred size of the pockets are 9 inches high at the zipper, 8 inches across the ribbing at the bottom of the sweatshirt, a 4 inch side where the hand opening begins, hand opening is 9 inches on a diagonal with 5/8 inch hemmed edges and 4 inches across the top back to the zipper.

The sweatshirt must have a permanently attached hood of the same material and color as the sweatshirt.

The cotton liner fabric must extend to the hood to provide insulation. The hood must have an adjustable drawstring with a toggle system to control the tightening. Plastic pulls must completely cover the ends of the drawstring, one on each end.

The sweatshirt must have two grommets under each arm pit, with one on each side of the side seam to allow the garment to breath.

The bottom cuff and arm cuffs must be black 1 x 1 rib knit 3 inches wide.

The center front of the sweatshirt must have a black zipper with bar tacks on the ends of zipper extending the entire length of the sweatshirt. It is preferred that the zipper be reversible.

1.05 Parka

The background materials of the parka must be made of ANSI 107 certified lime 100% polyester 300D (Denier) Oxford with Breathable Poly Urethane (PU) coating and black 100% Nylon 200D Oxford with Breathable PU coating. The black nylon of the same weight and construction must be used on the front of the parka below the reflective stripe and on forearm areas of sleeves. All seams must be taped to ensure garment is waterproof.

The lining of the parka must be ANSI 107 certified lime 100% polyester knitted mesh and must include the arms and body. All seams must be hidden and the lining must be independent of the outer shell except at the outside edges and the wrists.

The parka must have 2-inch-wide reflective material (3M 8910 Scotchlite or approved equivalent) that meets all performance requirements of reflective material prior and after test exposure per ANSI/ISEA 107-2015. The reflective material must be sewn onto the fabric in an approved ANSI 107 pattern onto each of the shoulders and side seams as well as two strips on each sleeve between the elbow and the wrist and the elbow and the shoulder; each are sewn into the arm seams.

Document Description Page 8

There must be a color matched lime Mic-tab located 5 inches below the higher shoulder point of the left shoulder. The preferred measurements of the Mic-tabs are 1- inch x 2 ½ inch.

The parka must have a left chest accordion (gusset) pocket. The gusset pocket must have a flap with hook and loop closure. The bottom of the pocket must rest on the top edge of the upper reflective stripe.

The pocket must be made of ANSI107 certified Lime 100% polyester 300D Oxford with Breathable Poly Urethane (PU) coating. The preferred size of the gusset pocket is 3.5-inch x 4.5 inch. The logo must be applied to the left chest pocket.

The parka must have two 2-layer flapped waist pockets with side openings creating a pouch. The pocket must be made of black 100% Nylon 200D (Denier) Oxford with Breathable PU coating. The outer pocket must have two hook and loop closures and the pouch pocket must be lined with black 100% polyester fleece. The preferred pocket size is 7 ¾ inch x 10 inch with a 6-inch side opening.

The collar must be made of the same material and color as the parka. The collar must be lined with ANSI 107 certified lime 100% polyester knitted mesh. The collar must have finished triangle covers over the zippers.

The detachable hood must be of the same material and color as the parka. The hood must have snaps to allow the hood to attach to the parka. The snaps must be reinforced to ensure they do not pull thru the fabric. The hood must have an adjustable drawstring with black toggle style plastic adjustors on each end of the drawstring. The hood must be able to be rolled up and secured with hook and loop closure inside the collar.

The arm cuffs must be black nylon and must be adjustable with hook and loop closures.

The center front of the parka must have a black zipper with bar tacks on the ends of zipper. It is preferred that the zipper be reversible.

The center front of the parka must have a 3-inch wind flap with heavy duty black snaps. The snaps must be reinforced to ensure they do not pull thru the fabric.

1.06 - Short Sleeve T-shirts The garment will be a short sleeve shirt with crew neck collar and a left pocket. This garment will have a pocket made of color matched ANSI 107-2015 certified fluorescent yellow-green 100% polyester knitted birdseye with wicked finish, (4.01 oz.). The pocket will be located on the left chest. This garment will have a neckband made of color matched ANSI 107-2015 certified fluorescent yellow-green 100% flat ribbed knit.

1.07 - Long Sleeve T-shirts

T-Shirt designs shall be long sleeve with crew neck collar and a left pocket. This garment will have a pocket made of color matched ANSI 107-2015 certified fluorescent yellow-green 100% polyester knitted birdseye with wicked finish, (4.01 oz.). The pocket will be located on the left chest.

1.08 - Polo Shirts

Polo shirt design shall be short sleeve with a self-standing collar. The collar shall be color matched lime.

Three buttons of color matched grey/silver.

1.09 - Special Terms and Conditions

Vendor must provide a sizing chart with submission of bid. Once awarded, the Department reserves the right to randomly sample product to ensure that the sizing information is correct and true to the original submittal.

Document Description Page 9

The Department will be responsible for the sizing of the employees.

The Department will be responsible for a 10% restocking fee for wrong sizes if the error is the fault of the Department and there is valid proof of the error. No restocking fee will apply for incorrect vendor delivery.

New non-stock, special make up products will not be considered. All reports shall be presented in ANSI 107-2015 formats.

1.10 - Warranties

The manufacturer’s most favorable warranty offered to preferred customers shall apply to all items. A copy of such warranty shall be furnished to the agency upon delivery of the equipment or product. Vendors should submit a copy with bid response stating warranty period and type of warranty (limited, full, etc.)

1.11 - Sample Requirements

No samples will be required at the time of bid closing. Samples will only be requested from the vendors with the highest evaluated bids. One (1) new production model sample of each clothing item shall be submitted upon request by the Kentucky Transportation Buyer. The samples shall be delivered meeting all specifications above and be received within ten (10) calendar days of an email request.

Samples that do not meet the required specifications shall be rejected as non-responsive.

DO NOT send samples until notified.

Samples must be delivered to:

KYTC District 6 Office

ATTN: Valerie Januski

421 Buttermilk Pike

FT Mitchell, KY 41017

The sample must be identified by solicitation number, manufacturer, style number, line item number and vendor name. Failure to properly label products submitted may render the bid non-responsive. All samples must be packaged, as items would be delivered to a particular location.

Fabric testing data shall accompany sample. This shall include a third-party Declaration of Conformity with ANSI/ISEA 107-2015 Type R Performance Class 3.

Reflective tape certification to accompany sample (re: Section 8 ANSI/ISEA 107-2015).

Document Description Page 10

Workmanship shall be first quality, no seconds, and free from defects. Garment will be inspected for quality issues to include but not limited to: stitching, reflective tape attachment, logo placement, proper label information, pocket placement (not to obstruct reflective tape), shall be certified to withstand the amount of wash cycles listed in the specs while retaining ANSI 107-2015 background requirements.

All sizing shall meet federal commercial standards. All items to have size labels, which include the manufacturer’s name and fiber content labels to meet federal Fiber Identification, Act. Please note the following web address for information regarding the Federal Fiber Identification Act:

https://www.ftc.gov/enforcement/statutes/textile-fiber-products-identification-act

Samples will be evaluated based on the following criteria:

Compliance with specifications

Sample shall have the logo applied as specified.

The Division of Purchases reserves the right to tear, cut, or do whatever is necessary or required to test a sample for quality and workmanship before accepting and awarding that item.

Upon completion of award, bidders will be notified. Samples of items awarded from bid will be maintained by the KYTC Division of Purchases for the duration of the contract. Certification documents need to be attached with samples.

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 Office of Safety and Health to award a master agreement contract for: Hi Vis Jackets & Shirts

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

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

2.02 - Initial Contract Period

Document Description Page 11 https://www.ftc.gov/enforcement/statutes/textile-fiber-products-identification-act

The Master Agreement will be for the initial period beginning upon award and expiring June 30, 2023.

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:

All Divisions/Agencies of the Kentucky Transportation Cabinet

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 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.

Document Description Page 12

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:

Allyson May

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail: Allyson.May@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.

Document Description Page 13 mailto:Allyson.May@ky.gov

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 Delivery Orders for Commodities

No shipments are authorized until an official Delivery Order has been fully processed by an authorized agency or payment has been made via Pro-Card.

Penalties assessed for late deliveries will be calculated based on the date of the Delivery Order and the delivery time stated in Section 2.13.

Payment shall be made against the actual quantities received. The Delivery Order shall be modified to adjust quantities if needed.

Any and all items or portions of items not delivered on or prior to the expiration date of the contract shall be considered cancelled after that date. There will be no claim for damages allowed by reason of cancellation thereof.

2.13 - Deliveries

Delivery at the earliest possible date is desired. See attached bid sheet 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.

2.14 - 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.

2.15 - 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:

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.

Document Description Page 14

2.16 - 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.

2.17 - 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.

2.18 - 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.

2.19 - Service Performance

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

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

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

2.20 - 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.

2.21 – Ethics Compliance

Document Description Page 15

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.

2.22 - 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.

2.23 - 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.

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

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

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

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

2.25 - 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.

Document Description Page 16 https://onestop.ky.gov/Pages/default.aspx

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

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

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

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

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

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

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

2.26 - 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.

2.27 - 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

2.28 – 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.

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2.29 - 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.

2.30 - Access to Records

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

2.31 - 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.

2.32 - 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

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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:

Allyson May

502 / 564-4630

Fax – 502 / 564-7069

E-mail – Allyson.May@ky.gov

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

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

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

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

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

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

3.02 - Schedule of RFB Activities

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

Deadline for written questions

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

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

June 21, 2022 by

4:00PM(EST)

Commonwealth’s response to written questions

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

June 22, 2022 by

4:00PM(EST)

Bids due by 1:30 pm

BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY THROUGH OUR

PROCUREMENT SYSTEM.

See page 1 for Closing Date.

Tentative Award Date August 19, 2022

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

Document Description Page 19 mailto:Allyson.May@ky.gov 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://…