Final_RFB_605_2300000651_2_SO_FORM.PDF

Document ID: RFB 605 2300000651 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Aviation Upgrade

Date Issued:

04/14/2023 Record Date:

04/14/2023

Solicitation Closes Date:

04/21/2023 Time:

13:30

Solicitation No:

RFB 605 2300000651

Reason for Modification

Addendum #1 - 4/14/2023 - to modify the specifications in the terms & conditions and to change the KYTC buyer from Jennifer Houchin to Tiffany Kiser.

Online Bidding Prohibited: No For Information Call:

Tiffany Kiser 502-782-3974

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 2300000651 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 N51608 Avionics Upgrade 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

03504 Aircraft Avionics, Not Otherwise Classified (Navigation Inst

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.

Addition of autopilot and needed upgrades to the navigation and weather receiving radios as well as flight instruments.

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

Frankfort KY 40601

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

Frankfort KY 40601

Document ID: RFB 605 2300000651 Page: 3

Submission Checklist

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

Item Price

Addendum #1 – 4/14/2023 – to modify the specifications in the terms & conditions and to change the KYTC buyer from Jennifer Houchin to Tiffany Kiser.

No other changes have been made

Bid closing date shall remain the same.

NEW – Vendor Self Service website has changed as of March 26, 2023.

The new link is https://vss.ky.gov.

Vendors will continue to use the same login credentials.

Instructions for How to Submit an Online Response are attached to this solicitation and also posted on the website.

ELECTRONIC BID SUBMISSION

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

Link: https://vss.ky.gov

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://vss.ky.gov.

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.

Document Description Page 4

2300000651 Aviation Upgrade https://vss.ky.gov https://vss.ky.gov https://vss.ky.gov 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

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.

_____ 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 2.14)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

_____ CERTIFICATE OF INSURANCE (See Section 1.01)

_____ PROOF OF VENDOR BEING A GARMIN AND FEDERAL AVIATION ADMINISTRATION

APPROVED REPAIR AND INSTALLATION AVIONICS FACILITY.

_____ SUMMARY OF EXPERIENCE THAT DOCUMENTS INSTALLATION OF A MINIMUM OF 10

BENDIX KING AEROCRUZE.

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 scroll down to Procurement Services- Procurement , double click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1#Scope of Work - Service

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

Document Description Page 5

2300000651 Aviation Upgrade 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

1.00#Specifications of Service Requirements

N51608 Specifications

1968 R172E 28volt Serial number R1720255

Continental IO-360 Constant Speed Propeller

Instrument Panel

1. Furnish and install a Garmin G500 Txi / Synthetic Vision (7 “ Portrait) PFD with AHRS and optional battery backup and pair with existing 650Txi GDL 69A SXM, Aero Cruz 100 and existing GTX 345

2. Furnish and install #2 Garmin G500Txi (7” Portrait) MFD with optional battery backup, EIS Engine integration and fuel flow. (OAT, EGT,CHT, FF, Oil Pressure, Fuel PSI, Oil Temp, RPM, MP) and pair with Garmin GTN 650 Txi GDL 69AA and existing GTX 345.

3. Furnish and Install Cies digital fuel sender paired to G500 MFD/EIS.

4. Furnish and install two Garmin GSB 15 USB & USB Type-C Power Supplies in panel.

5. Furnish and install one Garmin GSB 15 USB Power Supply for existing Spidertrax.

6. Upgrade existing GTN 650 to GTN 650 TXi

7. Furnish and install GDL 69A SXM upgrade from current GDL 69

8. Remove 1 existing KI 209 indicators and retain for customer.

9. Remove existing Flight Instruments and retain for customer.

10. Create new powder coated flat avionics panels.

11. Furnish and install a Garmin GI 275 Standby Attitude Indicator.

Avionics Panel

1. Furnish and install Bendix King AeroCruze Flat Pack two axis Autopilot with Optional GPSS With yoke mount A/P disconnect switch and Control wheel steering switch.

2. Furnish and install Garmin Flight Stream 510 (connext)

Airframe

1. Furnish and Install Whelen Orion 650 LED 28V Forward Position/Anti-Collision Wingtip Lights.

2. Furnish and Install Whelen Orion 500 LED 28V Tail Position/Anti-Collision Light.

3. Furnish and Install Whelen LED 28V Beacon

4. Furnish and Install BAS Inc. reel 4 point shoulder harness system in front left and right seats. Black Belts. Standard Buckles.

5. Remove Strip and Powder Coat both Control Yokes.

6. Replace both push to talk buttons.

7. Furnish and Install Precision PAI-700 Vertical Card Compass

8. Furnish and install new cabin door & window seals

9. Furnish and install new cabin carpet Shop must be located within 200 nm by direct air from KFFT or within 300 statute miles by automobile using the most direct available route

All bidders must be a Garmin and Federal Aviation Administration approved repair and installation avionics facility. Vendor shall provide documentation prior to award.

Document Description Page 6

2300000651 Aviation Upgrade

1.01 - Insurance Requirements

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

1. COVERAGES

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

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

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

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

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

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

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

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

2. WHO IS AN INSURED

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

3. COMMERCIAL GENERAL LIABILITY CONDITIONS

A. Any policies offered by the successful bidder shall include a Blanket Waiver of Subrogation endorsement requiring each guarantor to irrevocably waive any claim or other rights which it may now or hereafter acquire against the Additional Insureds including subrogation, recovery, and reimbursement of any amounts paid or owed under the guarantee.

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

4. CANCELLATION

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

(10) years after the work is completed

Document Description Page 7

5. WORKERS’ COMPENSATION INSURANCE

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

6. CERTIFICATE OF INSURANCE

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

A. The certificate holder listed as:

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

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

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

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

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

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

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

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

Section 2 - Terms and Conditions of the Contract

2.00 - Executed Contract

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

2.01 - Contract Components and Order of Precedence

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

1. The written Contract between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

Document Description Page 8

2300000651 Aviation Upgrade http://insurance.ky.gov/PPC/Company/Default.aspx?div_id=6 http://www.ambest.com

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 - Changes and Modifications to the Contract

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

2.03 - Basis of Shipment

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.

2.04 - Notices

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

Jennifer Houchin Tiffany Kiser

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3974

E-mail: Tiffany.Kiser@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.

2.05 - Completion

Vendor shall complete the upgrade installation within 10 weeks upon receiving the aircraft.

The Vendor agrees that when completion 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. Any deductions shall be at the discretion of CCAD based on the circumstances causing the delay.

Document Description Page 9 mailto:Tiffany.Kiser@ky.gov

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

2.06 - Inspection

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

2.07 - Invoices

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

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

a. Contract and 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.

2.08 - Payments

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment 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 45.45A. 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.

2.09 - Post Contract Agreements

This contract will constitute the entire agreement between the State and awarded contractor. Unless contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

2.10 - Reduction in Contract Worker Hours/Employee Furlough

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. The reduction of hours may be applicable to those contract workers that provide a service in state government buildings on a regularly scheduled basis, such as janitorial, security guard, mailing services, and food services. These services will be

Document Description Page 10 reduced in hours only in those circumstances where the buildings will be closed. A notification will be sent to the contract holder in advance of any scheduled reduction in contract hours.

2.11 – 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.

2.12 - 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.

2.13 - 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.

2.14 - Registration with the Secretary of State by a Foreign Entity.

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

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive.

If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

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

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

2.15 - 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

Document Description Page 11 https://onestop.ky.gov/Pages/default.aspx 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 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.

2.16 - 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.

2.17 - Subcontracts

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Document Description Page 12

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract. If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth.

Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

2.18 - Service Performance

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

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

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

2.19 - 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.

2.20 - 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.

Document Description Page 13

2.21 - 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)

2.22 - 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.

2.23 - 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.

2.24 - 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.

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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:

Jennifer Houchin Tiffany Kiser

502 / 564-4630

Fax – 502 / 564-7069

E-mail – Tiffany.Kiser@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.

April 13, 2023 by

4:00PM(EST)

Commonwealth’s response to written questions

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

April 14, 2023 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 April 28, 2023

NOTE: All times referenced are Eastern Time Zone

3.03 - Access to Solicitation and Solicitation Addenda

Document Description Page 15 mailto:Tiffany.Kiser@ky.gov

The Commonwealth wants each prospective Offeror to have full and complete information on which to base a bid response. Only information presented or referred to in this RFB and any additional written information that is supplied by the Division of Purchases shall be used by Offerors in preparing a response to this RFB.

The Solicitation and any Addenda shall be posted to the e-Procurement web site at https:// vss.ky.gov.

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

Please note: It is not necessary to register to view the solicitations, but you must register to respond.

Step 1 – Click View Published Solicitations

Step 2 – Keyword Search - Vendors can use the keyword field search to narrow your search.

Step 3 - Click the hyperlinked RFB/RFP document number

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

Step 5 - Click the link for each file name, a new window will appear, click open to open/view the file. Once the file opens, click the print icon to print that file attachment. Close that file attachment then repeat steps to open and print each different file attachment. It is the vendor’s responsibility to view and/or print all file attachments for a solicitation document.

Please note: some solicitations may have multiple file attachments.

Check this web site periodically for any updates that may be posted to the Solicitation. It is the responsibility of the vendor to obtain copies of all information and forms.

3.04 - Bid Submission Requirements

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

Link: https://vss.ky.gov

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://vss.ky.gov.

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 16

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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.

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

3.05 - Acknowledgment of Addenda to Solicitations

It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

3.06 - Modification or Withdrawal of Bids

An electronic offer may be modified or withdrawn prior to the bid closing date/time by following the procedures listed in the attachment “How to Submit an Online Response – March 2023.”

3.07 - E-Procurement Award Notification

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

Step 1 – Click View Published Solicitations

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

Step 3 – Click the hyperlinked RFB/RFP number.

Step 4 – Click the right arrow button until you see Public Bid Reading and Notice of Award.

Step 5 - Click the Notice of Award tab to see the awarded vendor’s information.

Step 6 – Click the Public Bid Reading tab to see all bidders’ pricing click on. The Public Bid Reading Tab will not be visible until the buyer has finalized the evaluation and an award has been made.

Note: If nothing appears on these tabs, contact the buyer of record for more information.

3.08 - Vendor Terms and Conditions

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

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take

Document Description Page 17 https://vss.ky.gov precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

3.09 – Specifications

This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

3.10 – Exceptions to Specifications

Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

3.11 – Alternate Brands/Specifications

Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

3.12 - Equipment

Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current model year and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

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

3.13 - Recycle Requirements

Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/

TITLE200.HTM

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Section 4 - Procurement Process and Requirements

4.00 - Rules of Procurement

The General…