Final_RFB_605_2300000502_3_SO_FORM.PDF

Document ID: RFB 605 2300000502 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 3

TITLE: TRUCK TOOL BOXES

Date Issued:

02/20/2023 Record Date:

02/20/2023

Solicitation Closes Date:

02/27/2023 Time:

13:30

Solicitation No:

RFB 605 2300000502

Reason for Modification

Addendum 2: To answer an additional vendor questions.

Online Bidding Prohibited: No For Information Call:

LANESSIA MCCOURT

502-782-3979

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 2300000502 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 69" CROSSOVER BOX 30.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

44579 Tool Boxes, Cabinets, and Chests (For Truck Tool Compartment

Extended Description ***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.*** Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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

Please enter contact person, phone number and email in the Comments Section.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

69" CROSSOVER BOX

2 71" CROSSOVER BOX 30.00000 EA

71" CROSSOVER BOX

3 56" CHEST BOX 20.00000 EA

56" CHEST BOX

Document ID: RFB 605 2300000502 Page: 3

4 60" CHEST BOX 20.00000 EA

60" CHEST BOX

5 48" TOPSIDE MOUNT BOX 30.00000 EA

48" TOPSIDE MOUNT BOX

6 60" TOPSIDE MOUNT BOX 20.00000 EA

60" TOPSIDE MOUNT BOX

7 96" TOPSIDE MOUNT BOX 10.00000 EA

96" TOPSIDE MOUNT BOX

Document ID: RFB 605 2300000502 Page: 4

8 24" UNDERBODY BOX 30.00000 EA

24" UNDERBODY BOX

9 36" UNDERBODY BOX 20.00000 EA

36" UNDERBODY BOX

10 48" UNDERBODY BOX BOX 20.00000 EA

48" UNDERBODY BOX BOX

11 60" SIDE MOUNT ALUMINUM BOX 10.00000 EA

60" SIDE MOUNT ALUMINUM BOX

Document ID: RFB 605 2300000502 Page: 5

12 NO DRILL TOOL BOX MOUNTING

SYSTEM

20.00000 EA

NO DRILL TOOL BOX MOUNTING SYSTEM

13 BED SLIDE 75% EXTENSION 5.00000 EA

BED SLIDE 75% EXTENSION

14 BED SLIDE CHEVY/FORD 8' 100%

EXTENSION

5.00000 EA

BED SLIDE CHEVY/FORD 8' 100% EXTENSION

15 BED SLIDE FORD SHORT BED 100%

BED SLIDE FORD SHORT BED 100% EXTENSION

Document ID: RFB 605 2300000502 Page: 6

16 BED SLIDE CHEVROLET 6.5' 100%

BED SLIDE CHEVROLET 6.5' 100% EXTENSION

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2300000502 Page: 7

Submission Checklist

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

Item Bidder with the lowest price receives the maximum score.

Bidder with the lowest delivery days receives the maximum score.

2/20/2023 Addendum #2- To answer Vendor Questions

Q1: We wanted to inform you that several of the sku’s supplied on the solicitation are going to be discontinued or are already obsolete. What are our options?

A1: Each line item includes the phrase “or equivalent”; therefore, bidders may bid a model different than listed as long as it meets the required specifications.

Bid opening date has been changed to 2/27/2023.

2/16/2023 Addendum #1-To Answer Vendor Questions

Q1: On the cross-over boxes, do you want single lid or double lid?

A1: Single lid

Q2: On the cross over toolboxes, do you want the material to be diamond plate aluminum?

A2: Yes

Q3: Would you consider a single part number that will cover both measurements?

A3: No

Q4; On the Chest boxes, do you want the material to be diamond plate or steel?

A4: Diamond plate

Q5: On lines 5-7 side mount boxes, do you want the material to be diamond plated or steel?

A5: Diamond plate

Q6: Line 11 Side mount boxes, do you want he material to be diamond plated or steel?

A6: Diamond plate

Q7: On the underbody boxes, do you wany diamond plated or steel?

A7: Diamond plate

Q8: On line 13, bed slides 75% extension, what is the weight capacity?

A8: ¾ ton truck-weight capacity is 1,000lb and the 1 ton- weight capacity is 1,500lb.

Q9: On lines 14-16 bed slides 100% Extension, what is the weight capacity?

A9: ¾ ton truck-weight capacity 1,000lb and 1 ton-weight capacity 1,500lb

Q10: What are the bed lengths of the trucks?

A10: Reference CargoGlide CG1000 and CG1500

Q11: Line 12, all the cross over boxes come with no drill install kits. Can I get some detail on what these kits are going on?

A11: No drill install kit typically just refers to the boxes come with some sort of “J” hook or something that attached with the nut on the toolbox side and runs under the lip of the bed and tightens down to secure the box of the truck.

Document Description Page 8

2300000502 TRUCK TOOL BOXES

Q12: Line item 13 - What size do these bed slides need to be, or what vehicle and bed length are they going on?

A12: The bed slide on Line 13 is a CargoGlide CG1000 and should be for either a Ford or Chevrolet 1 Ton

Q13: All bed slides - What weight capacity are they looking for on the bed slides? Usually they come in 1,000lb, 1,500lb, and 2,000lb capacities

A13: The bed slides have the model number listed on the RFB, the one on Line 13 is a CargoGlide CG1000 which means a 1,000lb and the other three are CargoGlide CG1500, which means they have a 1,500lb capacity.

Q14: On pg. 5 (item #12) what are they looking for when they describe a “No drill toolbox mounting system” are they intending to be able to mount the under-body toolboxes or are they talking about the top side toolboxes?

A14: TOP SIDE TOOLBOXES

Q15: The last question is on item # 15, the Bed slide Ford short bed 100% extension, is there a length on this? Short beds vary on trucks.

A15: CargoGlide CG1500XL-8048 specs show a size of 81” x 49.25” x 9.5” with 75% extension

No other changes have been made.

Bid closing date shall remain the same.

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).

Document Description Page 9

2300000502 TRUCK TOOL BOXES

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 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 will now be offering 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.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

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)

_____ PRODUCT SPECIFICATION SHEETS

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.

Document Description Page 10 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

Section 1 - Specifications – Commodity

1.00 - Specifications of Commodity

TRUCK TOOLBOXES:

GENERAL: It is the intent of these specifications to describe trucks boxes to be used on Cabinet owned one (1) ton and larger vehicles. Materials furnished shall be new and at least of standard quality currently used commercially, conforming to current engineering and manufacturing practices. Materials shall be free from defects that adversely affect the function or appearance of the finished units and shall meet the following minimum specifications:

ITEM 1 – 69” CROSSOVER BOX

Crossover Box shall be designed for Chevrolet Silverado and Ford F-150 series trucks, and measure 69”L x 19”D x 20” W. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, heavy duty five (5) pocket tray and single lid.

Pick-up mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 73010951 or equivalent

ITEM 2 – 71” CROSSOVER BOX

Crossover Box shall be designed for Ford Super duty and Dodge Ram series trucks, and measure 71”L x 19”D x 20”W. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, heavy duty five (5) pocket tray and single lid.

Pick-up mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 73010966 or equivalent

ITEM 3 – 56” CHEST BOX

Chest Box measuring 56”L x 20”W x 18” H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 62060192 or equivalent

ITEM 4 - 60” CHEST BOX

Chest Box measuring 60”L x 20”W x 18”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Document Description Page 11

Pick-up mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 62012331 or equivalent

ITEM 5 - 48” TOPSIDE MOUNT BOX

Topside Mount Box measuring 48”L x 12”W x 16”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 64010143 or equivalent

ITEM 6 - 60” TOPSIDE MOUNT BOX

Topside Mount Box measuring 60”L x 12”W x 16”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 64010144 or equivalent

ITEM 7 - 96” TOPSIDE MOUNT BOX

Topside Mount Box measuring 96”L x 12”W x 16”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 64010147 or equivalent

ITEM 8 – 24” UNDER BODY BOX

Under Body Box measuring 24”L x 17”W x 18”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Document Description Page 12

Better Built 65010156 or equivalent

ITEM 9 - 36” UNDER BODY BOX

Under Body Box measuring 36”L x 17”W x 18”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 65010157 or equivalent

ITEM 10 - 48” UNDER BODY BOX)

Under Body Box measuring 48”L x 17”W x 18”H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 65010158 or equivalent

ITEM 11 - 60” SIDE MOUNT ALUMINUM BOX

Side Mount Box measuring 60” L x 8” W x 11” H. Unit shall be constructed of diamond plate aluminum and shall include stainless steel locking handles, premium weather sealed lid, 2-stage automatic grade rotary latches, and heavy duty five (5) pocket tray.

Pick-up be mounted boxes shall include auto-lift shocks and reinforced lid braces.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 63060190 or equivalent

ITEM 12 - NO DRILL TOOLBOX MOUNTING SYSTEM

4” x 2” x 1” No drill Truck Tool Box Mounting Kit for ease in installation of truck boxes.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

Better Built 29510402 or equivalent

ITEM 13 – BED SLIDE 75% EXTENSION

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

CargoGlide CG1000 or equivalent

Document Description Page 13

ITEM 14 – BED SLIDE CHEVROLET/FORD 8’ BED 100% EXTENSION

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

CargoGlide CG1500XL-9548 100% Extension or equivalent

ITEM 15 – BED SLIDE FORD SHORT BED 100% EXTENSION

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

CargoGlide CG1500XL-8048 100% Extension or equivalent

ITEM 16 – BED SLIDE CHEVROLET 6.5’ BED 100% EXTENSION

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS

SET FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment.

CargoGlide CG1500XL-7548 100% Extension or equivalent

APPLICABLE TO ALL LINE ITEMS:

STANDARD EQUIPMENT: Units shall contain all standard equipment listed as such in the manufacturers latest literature unless otherwise stated within these specifications.

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

REGULATIONS: Unit shall meet any state or federal OSHA or DOT regulations as applicable.

WARRANTY: The total unit shall be covered by the manufacturer's standard warranty or be warranted against defective materials and workmanship for a minimum period of one (1) year or whichever is greater. Warranty coverage to provide 100% complete coverage within the period stated.

A warranty card shall be provided with unit. Vendor shall have an Authorized dealer facility located within and/ or adjacent to the Commonwealth of Kentucky.

DELIVERY: Products will be shipped to various locations throughout the Commonwealth of Kentucky. (Please see attached address listing).

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: Truck Toolboxes

Document Description Page 14

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

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

2.02 - Initial Contract Period

The Master Agreement will be for the initial period beginning upon award and expiring 02/29/2024.

2.03 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

2.04 - Divisions/Agencies to Be Served

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

Division of Equipment and Highway 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

Document Description Page 15

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.

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

Document Description Page 16

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:

Lanessia McCourt

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Lanessia.mccourt@ky.gov

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

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

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

2.12 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

Vendor guarantees delivery of all requested items within ___________ calendar days after receipt of delivery order.

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

Document Description Page 17

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.

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

Document Description Page 18

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

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

Document Description Page 19 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

2.25 - 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.

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

Document Description Page 20 https://secure.kentucky.gov/sos/ftbr/welcome.aspx 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.

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

Document Description Page 21 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 - Bidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth Law

The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:

KRS Chapter 136 (CORPORATION AND UTILITY TAXES)

KRS Chapter 139 (SALES AND USE TAXES)

KRS Chapter 141 (INCOME TAXES)

KRS Chapter 337 (WAGES AND HOURS)

KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES)

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)

KRS Chapter 342 (WORKERS' COMPENSATION)

2.33 - Boycott Provisions

If applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472.

2.34 - Lobbying Prohibitions

The contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded.

The contractor further represents that, pursuant to KRS 45A.328, they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.

2.35 - Governing Law

Document Description Page 22

2300000502 TRUCK TOOL BOXES

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52935

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

Section 3 - General Information

3.00 - Issuing Office

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

3.01 - Restrictions on Communications

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

Lanessia McCourt

502 / 782-3979

Fax – 502 / 564-7069

E-mail – Lanessia.mccourt@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.