Final_RFB_605_2400000390_2_SO_FORM.PDF

Document ID: RFB 605 2400000390 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Rubber-Tired Loader (Buyback) FY24

Date Issued:

04/17/2024 Record Date:

04/17/2024

Solicitation Closes Date:

04/25/2024 Time:

13:30

Solicitation No:

RFB 605 2400000390

Reason for Modification

Modification to answer vendor questions. No other changes have been made. Bid closing date shall remain the same.

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 2400000390 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Rubber-Tired Loader w Parallel Lift (Buyback)

12.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

76051 Loaders, Pneumatic Tired

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 Submit an Online Response - March 2023.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.

Rubber-Tired Loader w Parallel Lift (Buyback) See attached specifications

2 Rubber-Tired Loader with Guaranteed Buyback

12.00000 EA

Extended Description Guaranteed Buyback of Loaders after one year

3 Purchase Used 2023 Loaders 12.00000 EA

Extended Description 2023 Volvo L60H Loaders Vendor will provide a price to purchase each previously owned loader. Timing of purchase of these units will depend upon delivery of new units requested in Line 1.

Each loader has one year remaining warranty.

SN#VCE0L60HL0S623325

SN#VCE0L60HV0S623323

SN#VCE0L60HC0S623359

SN#VCE0L60HT0S623251

SN#VCE0L60HC0S623250

Document ID: RFB 605 2400000390 Page: 3

SN#VCE0L60HV0S623273

SN#VCE0L60HP0S623252

SN#VCE0L60HA0S623274

SN#VCE0L60HE0S623229

SN#VCE0L60HK0S623219

SN#VCE0L60HT0S623220

SN#VCE0L60HL0S623230

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFB 605 2400000390 Page: 4

Submission Checklist

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

Item Group 1: The bidder with the lowest Price receives the maximum score.

Group 1: The bidder with the highest total buyback amount receives maximum points.

Group 2: The bidder with the highest total purchase price receives the maximum score.

Addendum #1 – To Answer Vendor Questions

Q-1 Are you including the bucket, forks, and material handling arm in your request for prices in Line 3 “Purchase of Used 2023 Loaders?”

A-1 Yes, those items will be included

Q-2 What are the current hours of 12 L60H’s?

A-2 Answers below in RED:

SN#VCE0L60HL0S623325 - 326

SN#VCE0L60HV0S623323 - 280

SN#VCE0L60HC0S623359 - 198

SN#VCE0L60HT0S623251 - 264

SN#VCE0L60HC0S623250 - 350

SN#VCE0L60HV0S623273 - 205

SN#VCE0L60HP0S623252 - 293

SN#VCE0L60HA0S623274 - 173

SN#VCE0L60HE0S623229 - 382

SN#VCE0L60HK0S623219 - 68

SN#VCE0L60HT0S623220 - 64

SN#VCE0L60HL0S623230 - 662

Q-3 Have these machines been in anything corrosive like salt etc?

A-3 These machines have been utilized to load salt.

No other changes have been made.

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.

Document Phase Document Description Page 5

2400000390 Final Rubber-Tired Loader (Buyback) FY24 Total Pages: 30 https://vss.ky.gov

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

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.

Document Phase Document Description Page 6 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

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 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 - Specifications – Commodity

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Equipment to award a one- time contract for: Rubber Tired (Buyback) FY24

Vendor does not have to bid all groups but must bid all lines within a group.

GROUP 1 - ITEM 1 - 4WD ARTICULATED, RUBBER-TIRED LOADER WITH PARALLEL LIFT

(BUYBACK PROGRAM) (12 each)

GENERAL: It is the intent and purpose of this specification to describe the minimum requirements for a four wheel drive articulated loader. The machine furnished shall be new and manufacturer’s latest standard production model.

Must be complete with ALL standard equipment as listed as such in the manufacturer’s latest literature. Two (2)

Document Phase Document Description Page 7 https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx copies of the manufacturer’s published specifications shall be submitted with bid. Units shall meet the following specifications:

ENGINE: Tier IV final diesel liquid-cooled type with a minimum of 160 HP. Each unit to have a cold weather starting aid located in the engine cooling system or block and be a minimum of 550 watts, 110 volts, provided with accessible weather-proof connector. Air cleaner shall be Turbo II or equal with precleaner and in-cab restriction indicator.

ENGINE IDLE SHUTDOWN: Program shutdown to be in 15 and 30 minute intervals.

TRANSMISSION: To be power shift type with torque converter or hydrostatic type and have a minimum of four

(4) speeds forward and three (3) reverse.

BUCKET: Bucket to be minimum 3.0 cubic yard SAE heaped capacity not to exceed 3.25 cubic yard general purpose (G.P.) type with bolt-on cutting edge.

TIPPING CAPACITY: SAE rated static tipping load of the loader equipped with 20.5 x 25 radial tires and ROPS cab shall be no less than 16,000 lbs. at full turn.

DUMPING HEIGHT @ 45 DEGREE DISCHARGE: The dumping height @ 45 degree discharge with 3.0 cubic yard G. P. bucket and 20.5 x 25 tires shall be at least 9'-0".

REACH @ FULL RAISE 45 DEGREE DUMP: To be a minimum of 40" (with 3.0 cu. yd. G.P. bucket).

OPERATING WEIGHT: The operating weight of this machine with 3.0 G.P. bucket, 20.5 x 25 radial tires, and ROPS cab to be at least 26,600 lbs

AXLES/DIFFERENTIAL: Axles to be heavy-duty design, all wheel drive type. Rear axle oscillation to not be less than +/- 10 degrees. Both front and rear axles to be torque proportioning, or at least one axle shall have a lock/ unlock or no-spin feature; (OR, both front and rear axles can be equipped with limited slip differentials).

BRAKES: Hydraulic/air, or hydraulic power disc brakes with separate parking brake. Rear brakes to be heavy duty type.

TIRES: Minimum size for front and rear tires to be 20.5 x 25 (or 600/65R25), (L-2) radial tires.

Document Phase Document Description Page 8

STEERING: Steering to be of the fully hydraulic articulated type with a minimum steer angle of 70 degrees.

ROLL OVER PROTECTION STRUCTURE: Loader shall be equipped with a cab that has an integral roll over and falling object protective structure.

CAB: All weather type fully enclosed with safety glass, acoustical lining, heater, defroster, air conditioning, front and rear windshield wipers and front washers, air suspension seat with seat belt and arm rests, AM/FM radio with speakers, front sun visor, a 12 volt accessory plug outlet and cab windows or door locks that lock open.

INSTRUMENTS: Manufacturer’s standard equipment and include a control panel which displays RPM and hours.

ELECTRICAL SYSTEM: A 24 volt system or 12 volt, 2-battery system. The alternator to be 60 amp minimum.

The system to be protected by circuit breakers.

LIGHTS: Unit to be equipped with two (2) front driving lights, two (2) work lights front and rear, two (2) stop and tail lights, directional signals, emergency flashers, dash lights, cab mounted amber strobe and any other necessary lights required to meet OSHA regulations.

HYDRAULICS : Unit to be equipped with a 3 valve-2 lever or a 3 valve-1 lever system. Joy stick lever to operate lift and tilt

MISCELLANEOUS EQUIPMENT: Unit to be equipped with back-up alarm system, horn, automatic return to dig, vertical exhaust, automatic boom lift kickout, drawbar, front mounted fenders, two (2) exterior rearview mirrors, and tool carrier attachments. (See next item) Unit also to be provided with long-life anti- freeze coolant mixed to provide protection to -30 degrees Fahrenheit.

AUXILIARY EQUIPMENT: Each unit to be equipped with a hydraulic operated auxiliary tool attachment option.

The attachment fixture shall be completely installed and fully operable from the cab for attaching, or uncoupling the supplied 3.0 cubic yard G.P. bucket, or the other tool items to be supplied in the quantities as listed. System to be American Coupler system or equal. Unit to be equipped with ride control option.

ATTACHMENT TOOLS:

Pallet Forks to be construction duty type. Tines to have a minimum 2" x 5" cross sections and carriage width shall be a minimum 57" with 5' minimum tines. One (1) set of pallet forks shall be supplied for each unit.

Lift Boom, with at least one telescoping (manually-pinned) section. One (1) boom to be supplied for each unit.

Document Phase Document Description Page 9

GREASING BANKS: Greasing banks to be provided to combine grease points into one location. The loader may have several grease banks as long as they are placed in easy access locations.

PAINT: Unit shall be painted manufacturer’s standard color with lead-free paint. This to include all component parts that are normally painted.

MANUALS: One (1) operator’s manual to be delivered with each unit. PLUS two (2) additional operator’s manual

(Ex. 10 loaders = 12 copies of operator’s manual)

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

PRE-SERVICE: All new equipment must be pre-serviced to the manufacturer’s recommendations and in first class operating condition when delivered. All pre-service work shall be done at the vendor’s place of business or in another location provided by the vendor. No major assembly or servicing of equipment will be allowed 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. Units shall be delivered with sufficient fuel to operate for a minimum of one (1) hour.

STANDARD EQUIPMENT: Unit shall contain ALL STANDARD EQUIPMENT listed as such in the manufacturer’s latest literature unless otherwise stated within these specifications. Unit shall have at least one (1) Slow Moving Vehicle (SMV) sign attached to the rear of the machine.

ADDITIONAL EQUIPMENT: Unit shall contain ANY additional equipment, not specifically mentioned but necessary, to make a COMPLETE and WORKABLE unit. Unit shall be manufacturer’s latest current production model when in accordance with these specifications.

WARRANTY: Successful bidder shall be an authorized dealer of brand being submitted. Warranty shall be 24 months/2000 hours full machine standard warranty that will include complete replacement of deficient parts, material and workmanship (excluding all normal wear items) for the entire warranty period. A warranty ID card or document shall be furnished with each unit. Warranty shall begin when unit/s are placed into service.

All warranty work and repairs to be provided by the Vendor at no cost to KYTC. KYTC may elect to perform repairs on non-warranty items; following consultation with the vendor; without affecting the machine’s warranty.

Records of such repairs will be provided to Vendor upon request.

MAXIMUM USAGE: Units offered under this contract shall be allowed usage of up to a maximum of 1000 hours per year.

Document Phase Document Description Page 10

SERVICE AND REPAIR: Successful bidder shall provide complete routine scheduled maintenance, service and repair, to include all parts and labor required. These parts and labor will be provided by the vendor at no additional cost to KYTC. These services shall be provided on-site (for term of the contract). (Routine service and repair does not include repairing damages caused by KYTC personnel, acts of God, and/or vandalism; these will be made at the expense of KYTC.)

The Vendor guarantees an on-site response by a certified technician within twenty-four (24) hours from the time of being notified that repair is needed to continue machine operation. If the repair is unable to be completed within the twenty-four (24) hour period, the Vendor is required to provide a machine of equal or greater capacity for use until required repairs are completed. If the repair is not complete and the Vendor has not provided KYTC with a replacement machine on the 2nd day, a damage penalty of $300.00 per day, the machine is not repaired, shall be assessed or KYTC will rent compatible equipment at the Vendor’s expense.

KYTC and the Vendor’s certified technician will work together to determine whether damage was due to faulty equipment or KYTC operations. Vendor will be responsible for all costs of repairs of damages due to faulty equipment as covered under warranty. KYTC will be responsible for costs associated with repairs of damages and costs of rental should KYTC personnel be found at fault.

TELEMATICS: Units shall be equipped with, but not limited to, the following telematic capabilities that will provide desktop access and notification for multi-users. (This service shall be provide at no expense during the Buyback period)

Service Notification

Machine Engine Information (Hours, Temperatures, Pressures, Idle Time, etc.)

Real Time Location

DELIVERY: All units requested to be delivered no later than September 30,2024.

TRAINING: Vendor shall provide one day of training regarding safety, operation, and preventative maintenance shall be provided.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS SET

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

Case 621G Caterpillar 930M John Deere 544L Volvo L60H

Document Phase Document Description Page 11

GROUP 1 - ITEM 2 – RUBBER-TIRED LOADER WITH GUARANTEED BUYBACK

BUY-BACK PRICES: KYTC will pay the full direct purchase price and own the unit until the end of the one year buy-back period.

GUARANTEED BUY-BACK PROVISIONS

The guaranteed repurchase price applies to the machine as originally delivered.

Date all units are placed in service will mark the start date of the buy-back term.

Example: If the units are delivered on If the units are delivered on September 15, 2024, and placed into service on September 16, 2024, the buy-back date would be September 15, 2025.

At the end of the contracted term KYTC will return the unit to the vendor for a cash amount equal exactly to the amount bid as a buy-back price for the contracted term.

KYTC reserves the right to keep the equipment at the end of the term at no additional cost to the Commonwealth. If KYTC opts to keep the equipment the vendor will be notified no less than 60 days prior to buyback date. The vendor will still be required to service the equipment through the end of the buyback term, at which time the vendor's performance bond shall be returned.

KYTC will provide equipment cleaned and in good operating condition (fully functional), less normal wear and tear.

NO ADDITIONAL RESTRICTIONS SHALL BE IMPOSED.

Equipment will be available at Frankfort for pick up by the vendor unless otherwise agreed to by both parties.

Pick-up of equipment will be coordinated by the Division of Equipment and the vendor.

Vendor's performance bond and equipment shall not be released to the vendor prior to buy-back payment. Vendor's payment shall be made by certified funds.

In the event the usage on a piece of equipment goes over the contracted hours, KYTC will pay the vendor

$25.00 for each additional hour.

In the event that any machine is destroyed or damaged beyond economically feasible repair, the vendor shall be released from his obligation for the guaranteed minimum repurchase with relation to that specific machine. The vendor shall remain responsible under all other provisions of the contract.

After the End of Contract Inspection, the vendor shall allow the Division of Equipment 30 calendar days to make any necessary repairs prior to vendor pickup.

End of Contract Inspection tentatively to be held between September 1, 2025 and September 15, 2025.

PERFORMANCE BOND REQUIREMENT: A performance bond is required in the amount equal to 25% of the guaranteed buy-back price (FAP111-27-00, KRS 45A.190). The performance bond shall be delivered by the vendor to the KYTC Division of Purchases within ten (10) calendar days after notification. If the vendor fails to deliver the required performance bond within the 10 calendar day period, the vendor's bid may be rejected and award of the contract may be made to the next highest evaluated responsible, responsive bidder.

GROUP 2 - ITEM 3 – PURCHASE USED 2023 LOADERS

Document Phase Document Description Page 12

2023 Volvo L60H Loaders

Vendor will provide a price to purchase each previously owned loader. Timing of purchase of these units will depend upon delivery of new units requested in Line 1.

Each loader has one-year remaining warranty.

2023 Volvo L60H SN#VCE0L60HL0S623325

2023 Volvo L60H SN#VCE0L60HV0S623323

2023 Volvo L60H SN#VCE0L60HC0S623359

2023 Volvo L60H SN#VCE0L60HT0S623251

2023 Volvo L60H SN#VCE0L60HC0S623250

2023 Volvo L60H SN#VCE0L60HV0S623273

2023 Volvo L60H SN#VCE0L60HP0S623252

2023 Volvo L60H SN#VCE0L60HA0S623274

2023 Volvo L60H SN#VCE0L60HE0S623229

2023 Volvo L60H SN#VCE0L60HK0S623219

2023 Volvo L60H SN#VCE0L60HT0S623220

2023 Volvo L60H SN#VCE0L60HL0S6232301.00 - Specifications of Commodity

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 Phase Document Description Page 13

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:

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.

Staggering of delivery times will be acceptable.

Document Phase Document Description Page 14

In the event the vendor is unable to provide all units by September 30, 2024, KYTC will accept an equal or better unit from the vendor's rental fleet for each unit shorted. If after 30 days or if the vendor is unable to provide an equal or better unit from their fleet they agree and further authorize the Commonwealth to deduct damages from the invoice in the amount of $600.00 PER DAY PER SHORTED UNIT for each day service is withheld. The buyback and warranty start date for all machines would be the date, the first set of units delivered, was put into service.

Temporary models deemed as “or equal” that are less than three years old and supported by manufacturer factory warranty would be accepted until new machines are delivered. Such temporary units being provided, shall be fully supported by the vendor as described in the terms and conditions as with the buyback machines.

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.2.05 - Delivery

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

Document Phase Document Description Page 15 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 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.

2.11 - 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.

2.12 - 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.

2.13 - 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

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

2.14 - Discrimination

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations;

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

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

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

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

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

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

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2.15 - 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.

2.16 - 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.

2.17 - 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.

2.18 - 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)

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2400000390 Final Rubber-Tired Loader (Buyback) FY24 Total Pages: 30 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

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)

KRS Chapter 342 (WORKERS' COMPENSATION)

2.19 - 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.

2.20 - 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.

2.21 - Governing Law

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

Section 3 - General Information

3.00 - Issuing Office

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

3.01 - Restrictions on Communications

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

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2400000390 Final Rubber-Tired Loader (Buyback) FY24 Total Pages: 30 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

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.

4/16/2024 by 4:00PM

Commonwealth’s response to written questions

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

4/17/2024 by 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 5/1/2024

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.

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2400000390 Final Rubber-Tired Loader (Buyback) FY24 Total Pages: 30 mailto:%E2%80%93Lanessia.mccourt@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).

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.

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2400000390 Final Rubber-Tired Loader (Buyback) FY24 Total Pages: 30 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

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…