Final_RFB_605_2400000245_1_SO_FORM.PDF

Document ID: RFB 605 2400000245 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: HEATED ASPHALT TRAILERS

Date Issued:

11/09/2023 Record Date:

11/09/2023

Solicitation Closes Date:

11/28/2023 Time:

13:30

Solicitation No:

RFB 605 2400000245

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 2400000245 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 HEATED ASPHALT TRAILERS 6.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

75510 Asphalt Distributors, Levelers, Mixers, Crack Sealing Equipm

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.

THIS IS A REQUEST TO ESTABLISH A MULTI-AWARD MASTER AGREEMENT FOR ONE YEAR WITH FOUR ADDITIONAL ONE YEAR

RENEWALS. QUANTITIES ARE ONLY ANNUAL ESTIMATES

HEATED ASPHALT TRAILERS

2 TRAILER ELECTRICAL PLUG AND AIR

BRAKES

3.00000 EA

TRAILER ELECTRICAL PLUG AND AIR BRAKES

3 SINGLE OFFLOADING DOOR 3.00000 EA

SINGLE OFFLOADING DOOR

Document ID: RFB 605 2400000245 Page: 3

4 DUMP BOX 1.00000 EA

DUMP BOX

5 HOIST WITH HEAVY DUTY WINCH 3.00000 EA

HOIST WITH HEAVY DUTY WINCH

6 24" X 24" PLATE COMPACTOR BASKET 3.00000 EA

24" X 24" PLATE COMPACTOR BASKET

7 30 GALLON TACK TANK 6.00000 EACH

Unit will be equipped heated tack tank. Heat will be provided from the main burners exhaust or self-contained diesel or propane burner unit. System will be supplied with hose and wand. 30 gallon.

Shipping Information Billing Information

Document ID: RFB 605 2400000245 Page: 4

KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40601

KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2400000245 Page: 5

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 maximum score.

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.

PUBLIC BID READINGS

Document Description Page 6

2400000245 HEATED ASPHALT TRAILERS

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

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)

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

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

The General Conditions and Instructions for Solicitations and Contracts shall be incorporated by reference in each solicitation and resulting contract. Therefore, it is the bidder's responsibility to access and read these General Conditions at: https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx click on the file named FAP 110-10-00 General Conditions and Instructions for Solicitations and Contracts or request a copy by contacting the KYTC Division of Purchases buyer named in Section 3.01. Every person submitting a bid to the Commonwealth shall be deemed to have assented to these conditions by the act of bidding.

Section 1 - Specifications – Commodity

ITEM 1 – HEATED ASPHALT TRAILER (6 each)

GENERAL: These specifications are intended to describe the requirements for a Heated Asphalt Trailer capable of maintaining asphalt mix at a thermostatically controlled temperature. The unit will be a current model under standard production by the manufacturer. Materials furnished will be new and at least of standard quality currently used commercially, conforming to current engineering and manufacturing practices. Materials will be free from defects that adversely affect the function or appearance of the finished unit and will meet the following minimum specifications:

HOPPER: Hopper must store and maintain in a heated condition a minimum of three (3) tons of asphalt material, triple steel walls with a heated center divider for an even and consistent material temperature.

The design of the hopper will be so that material will flow to shovel platforms for user safety and ease of operation. Inner hopper walls will be reinforced steel. The heated air chamber walls will be steel, the exterior of this wall will be insulated with high temp insulating material. Insulation will be covered with steel.

Document Description Page 7

2400000245 HEATED ASPHALT TRAILERS

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

Hopper will have a steel plate floor. Unit will have a side mounted thermometer (degree in Fahrenheit) to indicate hopper temperature.

LOADING DOORS: Hopper top will be equipped with fully insulated loading door(s) with telescoping handles. Safety type latches will be provided for securing doors in an open and closed position.

UNLOADING DOORS: The rear of the hopper will be equipped with fully insulated unloading door(s).

The hopper material bin will be designed so that material is gravity fed to shoveling platforms. Unit will be designed so that distance from inside unloading doors will enable the ease of operation.

HEATING SYSTEM: The heating system will heat and maintain asphalt material at temperatures thoroughly, without hot spots or chilled areas in all weather conditions. These temperatures will be maintained and adjustable in degrees Fahrenheit. System will consist of diesel or propane burner/s, automatic ignite automatic temperature control, deep cycle batteries with a 30-amp battery charger.

Burners must be located below material bin and setup where they are removable for service and repair.

Fire chamber will be insulated with ceramic fiber.

FUEL TANK: System will be equipped with a diesel fuel tank with an inline fuel filter, or propane fuel system.

RINSE TANK: Rinse tank with gate type drain valve.

CONTROLS: Unit will have an automatic temperature control with a setting range in degrees Fahrenheit, spark ignition system with flame sensor using a 12-volt power supply and operated by a switch. System will automatically turn off the fuel supply if the burner goes out or the unit runs out of fuel. All wiring will be soldered; shrink-wrapped and then loomed. No wiring is to be left exposed. Any LPG hoses will be high-pressure hoses.

TORCH: BTU vapor propane hand torch, bottle holder and 60 lb. propane cylinder with 15' LP hose.

TOOL HOLDER: Will be equipped with tool holders to secure asphalt tools to trailer when in transport.

Trailer will include but not limited to the following minimum specifications:

TRAILER FRAME: Will be constructed of structural steel channel as a minimum with a minimum of four (4) 7" structural steel cross members. Trailer front, except towing tongue, will be covered with steel grating.

ELECTRICAL EQUIPMENT: Will be equipped with sealed wiring harness and lighting. All lights will be LED type. Stop, turn and taillights will be Model 44, 4-inch diameter, LED by Truck-Lite Co., Inc. or equal that meet FMVSS-108 regulations. All lights are to be rubber mounted, recessed and be plug-in type and located on outer sides above unloading platforms. The trailer electrical plug will be a 7-pole plug RV type for connection to tow vehicle.

REAR WARNING/STROBING LED LIGHTS: Two (2) 4" amber LED Warning/Strobing LED devices located in trailer rear with stop/tail/turn lighting. LED strobing devices will perform to SAE J1318 class 1 W5 specifications. The LED strobe devises will operate using self-contained flash controllers and operate in quad flash mode.

BRAKES: Will be equipped with electric brakes on all four wheels. System will be equipped with an emergency breakaway feature conforming to DOT specifications. System will include all necessary parts to make for a complete system.

AXLES: Unit will be equipped with two (2) each, 7000-lb. minimum, heavy-duty axles.

TIRES & WHEELS: Unit will be equipped with eight (8) lug solid steel, one-piece wheels and 16" tires.

Tires and wheels provide will meet or exceed trailer GVWR.

FENDERS: Steel fenders enclosing all four (4) wheels.

TONGUE LENGTH: Minimum 72" open tongue.

HITCH: Adjustable pintle type hitch up to 28" with 3/8" safety chains and safety hooks.

STEPS: Slip resistant steps with grab handles to access the top of machine.

Document Description Page 8

2400000245 HEATED ASPHALT TRAILERS

JACK STAND: Heavy-duty jack crank style stand rated at supporting the tongue weight when unit is at total loaded tongue rating.

PAINT: Unit will be painted manufacturer’s standard color with lead-free paint. This will include all components which are normally painted.

REGULATIONS: Unit will meet any ANSI, state or federal OSHA regulations as applicable.

ADDITIONAL EQUIPMENT: Unit will contain any additional equipment, not specifically mentioned but necessary, to make a complete and workable unit.

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

MANUALS: Operator’s manual, parts book, and service manual will be provided with each unit. All manuals and parts books must be concurrent with unit delivered.

TRAINING: Will provide one (1) day of training regarding safety, operation, and preventative maintenance.

WARRANTY: Unit will be fully warranted against defective materials and workmanship for a period of at least one (1) year. All warranty related service will be performed by an authorized dealer located within the Commonwealth of Kentucky. The warranty will begin the date the unit is placed in service. A warranty card or certificate will be provided with the unit.

PRE-SERVICE: All new equipment must be pre-serviced to the manufacturer’s recommendations and in first class operating condition when delivered. All service work will be done in the vendor’s place of business or in another location provided by the vendor. No equipment will be assembled or serviced on Highway Department property.

Only minor modifications to equipment necessary to bring the item into compliance with specifications will be permitted on Highway Department property.

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

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS SET

FORTH HEREIN.

NOTE: Models listed below may require equipment not normally listed as standard or optional equipment.

Falcon P4D2XI or approved equal Marathon HMT8000 or approved equal KM International 8000T or approved equal Stepp SPHD or approved equal

ITEM 2 – TRAILER ELECTRICAL PLUG AND AIR BRAKES (3 each)

GENERAL: The following will be an option as Line Item 2 for the unit described under Item 1.

ELECTRICAL PLUG: The trailer electrical plug will be a 7-pole plug for connecting to a Cole Hersee No.

12310 trailer pole socket (This will require separate lights for stop and turn signals). Please refer to the attached trailer pole socket wiring diagram.

BRAKES: Will be equipped with air/hydraulic brakes on all four wheels. Will be a two-line system consisting of a service/control and emergency/supply line with a breakaway feature conforming to DOT specifications. System will include all necessary parts to make for a complete system, this will also include hosing with glad hand connectors for connection to tow vehicle.

ITEM 3 – OFFLOADING DOOR(S) (3 each)

GENERAL: The following will be an option as Line Item 3 for the unit described under item 1.

Document Description Page 9

WALL: Rear hopper wall includes fully insulated, guillotine-style, material metering door(s). Material door must lock in multiple open positions to meter the asphalt. The door(s) opening allows easy shovel access to entire hopper floor. Rear material metering door(s) handle will be installed in a manner to enable full functionality.

ITEM 4 – DUMP BOX (1 each)

GENERAL: The following will be an option as Line Item 4 for the unit described in item 1.

HOPPER: Hopper must be capable of tilting the hopper by means of hydraulic cylinders. Safety rod to secure hopper in raised position must be incorporated into the trailer.

TRAILER: Trailer frame and burner box must have angled steel guides (two sets on each side) to provide a cradle for the hopper in a lowered position.

POWER SOURCE: Power source for cylinders controlling the movement of the hopper will be a 12-volt self-contained electric over hydraulic pump. The 12-volt pump must be stored in a lockable toolbox mounted on the front of the trailer frame.

HINGE SYSTEM: Dump box hinge system (on each side of the hopper) must have two hot rolled steel pivot bosses, TGP (Turn, Ground, Polished) steel pivot shaft with grease grooves, one hot rolled steel spacer, two easily serviceable bronze thrust washers, and one greaseable fitting.

REAR PIVOT POINTS: Rear dump box pivot points will be protected by hinged steel guards.

FUEL TANK: Hopper diesel fuel tank must bolt to steel mounting brackets that are welded to hopper wall.

The fuel tank will be able to move up and down when the hopper is raised and lowered.

ITEM 5 – HOIST WITH HEAVY DUTY WINCH (3 each)

GENERAL: The following will be an option as Line Item 5 for the unit described in item 1.

WINCH: The lifting capacity will be 275 pounds with a heavy-duty winch. The winch cable must be ¼ inch wire rope with locking hook at the end. The base of the hoist will made of steel and secured to the front of the frame. The boom and post should be constructed of steel tubing. The arm must pivot at least 180 degrees.ITEM 6 – 24”x24” PLATE COMPACTOR BASKET (3 EACH)

GENERAL: The following will be an option as Line Item 6 for the unit described in item 1.

TANK: A steel mounting basket will be bolted on the front section of the frame with inside dimensions of 24" x 24" and hooks should be welded to opposite corners of the basket.

ITEM 7 -30 GALLON TACK TANK (6 EACH)

Unit will be equipped heated tack tank. Heat will be provided from the main burners exhaust or self-contained diesel or propane burner unit. System will be supplied with hose and wand.

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: Heated Asphalt Trailers

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.

Document Description Page 10

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 12/31/2024.

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 District 1-12 No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

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

2.06 - Exception to Required Use of Contract The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

2.07 - Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement 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

Document Description Page 11 issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

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

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

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

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 award of contract.

Delivery at the earliest possible date is desired. See attached bid sheet to indicate delivery time.

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

The Vendor is not responsible for and shall not be penalized for delays in its delivery when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the

Document Description Page 12

Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

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

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

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

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods and vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. A penalty payment of one percent (1%) per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days.

2.17 - Vendor’s Report The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period.

The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract.

This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.18 - Post Contract Agreements The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

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

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

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

Document Description Page 13

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 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

Document Description Page 14 https://secure.kentucky.gov/sos/ftbr/welcome.aspx workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

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

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

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

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

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

2.26 - Kentucky Sales and Use Taxes Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

2.27 - Extension Period This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

2.28 – Extension to Other Agencies The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s). Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

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

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

Document Description Page 15 other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

2.31 - Records Retention The Finance and Administration Cabinet may inspect the place of business of the Vendor or any sub- Vendor under the master Agreement contract awarded or to be awarded by the Commonwealth. In accordance with KRS 45A.150, the Finance and Administration Cabinet may audit the books and records of any person who has submitted cost or pricing data under KRS 45A.120 at any time until three years from the date of final payment under the prime contract, and by any subcontractor for a period of three years from the date of final payment under the subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by any subcontractor for a period of three years from the date of final payment under the subcontract. The Finance and Administration Cabinet shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price type contract, provided, however, that this provision shall not limit the right to audit stated above. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. The contractor shall place such the same audit requirement in any agreement it may have with a subcontractor under this contract.

2.32 - 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 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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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

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. 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.

11/20/2023 @4:00PM

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

11/21/2023 @ 4:00PM

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 12/15/2023

NOTE: All times referenced are Eastern Time Zone

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

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

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https://vss.ky.gov

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.