Final_RFB_605_2600000026_1_SO_FORM.PDF

Document ID: RFB 605 2600000026 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Janitorial Svc D3

Date Issued:

07/28/2025 Record Date:

07/25/2025

Solicitation Closes Date:

08/08/2025 Time:

13:30

Solicitation No:

RFB 605 2600000026

Online Bidding Prohibited: No For Information Call:

LATASHA CHENAULT

502-782-5673

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 2600000026 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Janitorial Services District 3 12.00000 MO

Comm Code Comm Description Manufacturer Model # Manuf Part #

91039 Janitorial/Custodial Services

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.

The Master Agreement is for janitorial service to be performed at:

Department of Transportation District 3 Office 900 Morgantown Road Bowling Green, Kentucky 42101

Approximate square footage of building: 14,400 square feet

Shipping Information KYTC District 3 - Bowling Green District Office

900 Morgantown Road

Bowling Green KY 42101

Billing Information KYTC District 3 - Bowling Green District Office

900 Morgantown Road

Bowling Green KY 42101

Document ID: RFB 605 2600000026 Page: 3

Submission Checklist

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

Item Price Experience (Months in Business)

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

Any person wishing to hear a bid reading may call the 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)

_____ ATTACHMENT F - PRE-BID SITE VISIT VALIDATION FORM

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2600000026 Final Janitorial Svc D3 Total Pages: 39 https://vss.ky.gov https://vss.ky.gov 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

_____ ATTACHMENT G – BIDDER QUALIFICATIONS

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 2.26)

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

_____ STATEMENT OF CONFIDENTIALITY (See Section 1.05)

_____ CERTIFICATE OF INSURANCE (See Section 1.08)

_____ CONSENT AND RELEASE FOR BACKGROUND CHECK (See Section 1.09)

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.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Pre-Bid Site Visit

Bidders are required to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract; to the extent such information is reasonably obtainable. As verification of site visitation each bidder, or his/ her designated employee, shall be required to complete this Site Visit Validation Form and obtain the signature of an authorized representative for the facility where services are to be performed. This form and the representative’s signature shall be submitted with the bid.

The incumbent vendor shall not be required to visit the site. The incumbent vendor shall list the current contract number on the Site Visit Validation Form and return with the bid response.

The anticipated start date of the contract is September 1, 2025. The successful bidder shall be prepared to begin services on that date. Prior to commencement of contract, the successful bidder must schedule a walk-thru meeting and review the performance criteria with District 3 representative Jennifer Kline.

To schedule an appointment for a site visit call the KYTC District 3 Office at (502) 764-2076 and ask for Jennifer Kline Monday – Friday between the hours of 8:00am-3:30pm (Central Time) or email Jennifer.Kline@ky.gov.

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Pricing information shall not be made known in any form to agency representatives during the site visit.

Failure to comply with these requirements shall render the bid non-responsive. Failure to tour the facilities or obtain the appropriate signature shall result in the disqualification of the bid response.

Section 1 - Scope of Work – Service

1.00 - Specifications of Service Requirements

This Solicitation is for janitorial service to be performed at:

Department of Transportation

District 3 Office

900 Morgantown Road

Bowling Green, Kentucky 42101

Approximate square footage of building: 14,400 square feet

Restrooms – 8 bathrooms (3 female, 3 male, 2 family with showers)

And any common space as indicated at that location. All janitorial closets, meeting rooms, and storage areas defined by the agency shall be included in this contract. Contractor shall provide an adequate number of personnel to clean the location mentioned above.

Janitorial services shall be performed five nights per week, Monday through Friday after 3:30pm. The facility shall be cleaned according to the following Specification and Frequency Schedule.

1.01 Specification and Frequency Schedule

All Areas

A. Daily

1. Clean entrances, exits, vestibule, and all lobby glass inside and outside. Sweep doormats and under mats.

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2. Collect all trash, replace can liners. Discard all trash, including cardboard boxes, in dumpster.

3. Spot clean glass of interior windows, doors and partitions.

4. Spot clean all walls as needed.

5. Sweep all floors with dust control treated mops.

6. Vacuum all carpeted areas including under the desks, in meeting rooms, and in all cubicles.

7. Clean tables in all meeting rooms.

8. Clean tables, floors, and dry dust equipment copy and mail rooms.

9. Clean floors and collect trash from storage rooms. Dust tops of cabinets as needed.

10. Clean tabletops in lobby.

11. Sweep and mop floor, clean tables, sink, stove top, front of refrigerator/freezer in breakroom.

12 Restrooms:

a. Clean and sanitize all toilet bowls, urinals and sinks.

b. Clean, sanitize and polish all chrome fittings.

c. Clean and sanitize exterior sides of fixtures.

d. Clean and sanitize toilet seats.

e. Clean mirror glass.

f. Empty, clean and reline trash containers

g. Dust and spot clean partitions

h. Clean walls and around fixtures

i. Refill all dispensers-daily (note: the supplies are to be furnished by the agency).

j. Thoroughly mop and sanitize floors-daily

13. Turn off lights and ensure entry door is closed and locked.

B. Weekly

1. Clean waste baskets inside and outside as needed, as least weekly.

2. Clean door kicks, push plates, handles, frames, ledges, moldings, partitions, etc.

3. Dust ceiling areas and high corners.

4. Clean counter sink in Main Conference Room.

5. Remove insects from light fixtures.

6. Damp clean ceiling vents.

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7. Clean microwaves in breakroom.

8. Mop resilient floors in the lobby and halls. Buff with restorer as needed.

9. Damp wipe vinyl baseboards – as needed.

10. Restrooms:

a. Dust all horizontal surfaces, ledges, sills, moldings, and ducts

b. Damp clean ceiling vents

c. Wash and sanitize entire walls, partitions, and fixtures

d. Clean floor drain grating

C. Monthly

1. Clean out refrigerator/freezers. Employees will be responsible for discarding expired food.

2. All outside windows shall be cleaned monthly.

D. Quarterly

1. Dust blinds.

2. Dust artificial plants in common areas (lobby, break rooms, meeting rooms).

3. Clean oven in breakroom.

4. Spot clean upholstery as needed.

The contractor is responsible for obtaining signature from the Building Supervisor as documentation that the quarterly cleaning has been successfully completed.

E. Semi – Annual

1. Inside windows shall be cleaned quarterly (the first within 60 days of award of contract) and spot cleaned daily.

2. Floors-Resilient

Contractor shall be required to strip, seal and wax all floors twice a year.

Contractor shall be required to use the six (6) step method (sweep, mop, strip, scrub, seal and wax) and shall use two

(2) coats of sealer and four (4) coats of wax each time.

3. Floors-Carpet

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Contractor shall clean all carpets twice a year. This service is to be included in the monthly janitorial rate that each vendor bids.

All carpet cleaning must be done by using the Extraction Method and approved by the Department of Transportation D-3.

All semi-annual cleaning must be scheduled with, and inspected by, the Building Supervisor of the Department of Transportation D-3 office to ensure satisfaction to the agency.

All semi-annual cleaning shall take place in the second (2 nd

) month after the beginning of the contract and the eighth (8 th

) month of the contract. If optional renewals are granted, the contractor shall be required to strip and wax all floors in the second (2nd) and eighth (8th) months of each additional year.

The vendor is responsible for moving and replacing all lobby furniture for semi-annual cleaning. All other furniture will be moved by employees in areas to be cleaned.

These services shall be included in the monthly janitorial rate bid by the vendor.

Failure to perform the semi-annual services will result in a penalty of 15% per month until cleaning is complete.

The contractor shall be required to inform the Building Supervisor of intended date for the above service at least 5 days in advance. The contractor is responsible for obtaining signature from Building Supervisor as documentation that the semi-annual cleaning has been successfully completed. Form is attached.

F. Outside Areas:

1. Collect all trash, replace can liners as needed, at least once per week or when two-thirds full, whichever occurs first. Discard all trash in dumpster.

2. Contractor shall be required to crush/break down all boxes before placing into dumpster.

3. Contactor shall be required to always keep the areas around the dumpsters free from boxes and trash.

1.02 General Information:

Prior to commencement of the contract, the successful bidder must schedule a walk-through meeting and review the performance criteria with the Building Supervisor or designee. District 3 Contact: Jennifer Kline at (502) 764-2076.

All complaints should first be addressed by the Building Supervisor and the vendor. If this fails, the Division of Purchases will take final action.

Any questions that cannot be answered by the Building Supervisor shall be directed to the Division of Purchases Buyer. Any questions concerning payment for service shall be directed to the Building Supervisor.

Document Phase Document Description Page 9

Contractor shall be issued an electronic door badge to the facility necessary to perform cleaning tasks and shall agree to pay a fee to DOT D-3 to replace lost badges. The contractor agrees to abide by and to require their employees to adhere to the Cabinet’s “Key Control System” and conditions as outlined below:

A. The contractor or his representatives shall not make or knowingly permit to be made, nor otherwise obtain, procure or provide any unauthorized copy or facsimiles of said badge(s).

B. The loss of any such badge(s) referred to under this section shall immediately be reported to the proper authority of the facility/office and followed up by a detailed written report of the circumstances resulting in the loss.

C. The contractor shall not permit any person the use of badge(s) in their possession under any circumstance other than a bona fide emergency without the prior approval of the proper authority of the office.

D. The contractor shall return badge(s) upon demand or upon termination of the contract.

1.03 - General Requirements:

The contractor shall be completely responsible for satisfactorily managing and performing cleaning services necessary to assure a clean orderly condition of the service locations.

The services performed under this contract shall be subject to inspection and approval by the Building Supervisor. A sample inspection form will be provided to the successful bidder during the initial walk through.

The contractor shall provide a representative who shall be available in person or can be reached at a local telephone number during the operational hours of the Department of Transportation D-3 (7:00 a.m. to 3:30 p.m. Monday through Friday), except legal holidays for the purpose of service evaluation, complaints, scheduling of project work, etc. Failure to comply will result in request for the termination of contract.

A monthly janitorial inspection report will be completed by both the Building Supervisor or designee and the vendor representative while performing a building walk-through. After the completion of the required monthly walk-through and corresponding janitorial inspection report, both the vendor representative and the Building Supervisor or designee shall be required to sign and date the inspection report verifying completion. It will be the responsibility of the local Building Supervisor to keep all original inspection reports on file for the duration of the contract.

It shall be the vendor’s responsibility to schedule a time with the Building Supervisor or designee to complete the required monthly inspection reports. Any employee who is participating in janitorial services at the location cannot perform these inspections. Continued failure to comply with the completion of the monthly inspection reports shall result in the termination of the contract.

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Contractor’s representative shall be required to make an on-site visit monthly to ensure that their employees are performing in accordance with the specifications and frequency schedule.

At the contract installation, the contractor shall furnish the Building Supervisor with a list of all employee names and their telephone numbers who are currently servicing this location. The contractor is responsible for keeping this list updated as to personnel changes. The contractor shall not hire state employees who are employed at the service location or immediate family members of any state employee who is employed at the service location to perform janitorial services.

All general requirements and responsibilities attached hereto and made part hereof this contract shall be strictly adhered to.

1.04 - Customer’s Responsibility: (DOT D-3)

Customer will provide a storage closet for the contractor’s equipment and supplies. The storage space is secured with an electronic keypad. The contractor shall supply their own lock (if required) to secure the storage space.

Telephone service will not be provided by DOT D-3. If the contractor chooses, they may arrange for a private outside business line at their own expense. Use of existing phones by contract personnel shall be strictly prohibited.

DOT D-3 reserves the right to require the removal of any contract employee who disregards this prohibition.

Customer will provide such light and water and electricity as are necessary to perform the services. Contractor will use these facilities only as needed to perform the functions of the contract.

Customer shall provide the following consumable supplies (tri-fold paper towels, hand soap, toilet paper, trash can liners of various sizes).

Agency Representative(s): Joseph Plunk, David Jackson, or Jennifer Kline.

All performance and completion issues (inspections and approvals, etc.) concerning this contract will be coordinated by the Building Supervisor, either Joseph Plunk or David Jackson or successors.

1.05 - Contractor’s Responsibility: (Successful Bidder)

Contractor shall be held responsible for satisfactory work in accordance with the intent of the specifications.

Contractor’s representative shall be required to make an on-site visit monthly to inspect the facility to ensure that their employee(s) are performing to the specifications and frequency schedule.

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Upon contract award, contractor shall submit prior to commencement of contract a list of all materials to be used in providing the cleaning service. At this time, contractor shall furnish the Building Supervisor or designee with material safety data sheets (MSDS) for all chemicals that shall be used at the sites. Customer may approve or disapprove any product prior to commencement of service. Failure to provide the material safety data sheets for each chemical used at the site shall result in cancellation of contract.

When submitting invoice for payment, Contractor shall note monthly, quarterly, and semi-annual tasks, and dates when completed.

Contractor shall screen employees to determine as well as is possible their honesty. Contractor shall have their employees sign a Confidentiality/Security Agreement Policies and Procedures Form. Contractor shall forward a copy of such form to the Building Supervisor. Failure to provide this information within two weeks of contract start date or within two weeks of new employees’ start date of service may result in contract cancellation. All employees shall be at least 18 years of age.

Contractor shall post in the janitorial closet rules and regulations governing the contractor’s employees while in the building and a copy of the cleaning schedule herein provided. Responsibility shall be adhered to in all cases.

Contractor shall post in the service closet, material safety data sheets for all chemicals used at each building. A copy of these material safety data sheets for all chemicals shall also be submitted to the Building Supervisor for the service location. The Contractor’s responsibility to provide the MSD sheets shall be adhered to in all cases.

Contractor is also responsible for updating the MSD sheets as additional chemicals are added to clean the building.

These updated MSD sheets shall be posted in the service closet and given to the Building Supervisor prior to the new chemicals being utilized. DOT D-3 has the right to approve or disapprove any chemicals. Failure to provide these MSD sheets to the Building Supervisor or to post them in the service closets shall result in the cancellation of the contract.

Contractor shall be responsible for any breakage, damage or loss through carelessness. Contractor shall also be responsible for locking doors and turning off lights as directed by the Agency.

Routine inspections of the entire facility shall be made by the agency. Minor deficiencies shall be corrected within forty-eight (48) hours. If this schedule for corrections is not met, a complaint to the vendor shall be submitted to the Division of Purchases. If a second complaint is necessary during the year of the contract, DOT D-3 may forward a request for termination.

Contractor Representative: Contractor shall indicate in the space provided the names of the persons (including phone number and address) responsible for the coordination of all performance issues under the contact.

Primary Contact Secondary Contact

Name:

Title:

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Agency:

Office Phone:

Cell Phone:

Fax:

Address:

City, State, Zip:

E-mail:

1.06-Changes in Specifications:

The customer reserves the right to change the specifications at anytime. In this event, contractor and customer shall negotiate what price adjustments are to be made. The Department of Transportation shall make any changes in the contract specifications.

1.07-Safety of Persons and Property

For service contracts, the Contractor shall continuously maintain adequate protection of all work from damage and shall protect the Owner’s property from injury or loss arising in connection with this contract. Contractor shall make good any such damage injury, or loss, except such as may be directly due to errors in the solicitation or caused by agents or employees of the Owner and shall adequately protect adjacent property as provided by law and the Contract.

The Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed.

1.08– Insurance Requirements

The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

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

A. The certificate holder listed as:

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

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B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

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

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

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy. Failure to do so shall result in cancellation of the contract.

The insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agencies.

The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at http://insurance.ky.gov/company. Failure to meet this requirement may result in the bid being deemed non-responsive.

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

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Department of Highways to award a master agreement contract for: Janitorial Svc D3

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

In the event of an inconsistency between provisions of the solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Specifications; (b) other provisions of the Solicitation, whether incorporated by reference or otherwise; (c) Contract or Master Agreement Terms and Conditions; (d) FAP 110-10-00 – General Conditions and Instructions for Solicitations and Contracts.

2.02 - Initial Contract Period

The Master Agreement will be for the initial period beginning no earlier than 9/1/2025 and expiring 8/31/2026.

2.03 - Optional Renewal Period

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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:

District3

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. 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; 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”.

2.08 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification.

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

2.09 - Changes and Modifications to the Contract

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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 - Reduction in Contract Worker Hours/Employee Furlough

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

2.11 - 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.

2.12 Delivery Orders for Services

No services 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 delays in response or completion time will be calculated based on the date of the Delivery Order and the response/completion time stated in Section 2.14.

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

Any work assigned prior to contract expiration will be considered cancelled if the work has not been initiated at the time of expiration. There will be no claim for damages allowed by reason of cancellation thereof.

If additional time is needed to complete assigned work, please send a request to the Division of Purchases two weeks prior to expiration date. Per Section 2.29, this extension shall not exceed ninety (90) days.

2.13 - 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:

Latasha Chenault

Division of Purchases

Kentucky Transportation Cabinet

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Phone: 502-782-5673

E-mail: latasha.chenault@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.

2.14 – Response

Response at the earliest possible date is desired.

2.15 - 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.

2.16 - 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.

2.17 - 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.

2.18 - 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.

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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.

2.19 - 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.

2.20-Subcontracts

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

All references to the vendor/contractor shall be construed to encompass both the prime contractor and any subcontractors.

The vendor (prime contractor) shall notify the KYTC Division of Purchases buyer listed in Section 2.13 prior to use of subcontractors for the resulting contract. If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and all terms of the solicitation/contract. KYTC reserves the right to request documentation to verify the subcontractors compliance at any time.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth. Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

2.21 - Service Performance

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

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

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases.

Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved they should be referred to the KYTC Division of Purchases for mediation.

2.22 - 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.

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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.

2.23 – 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.

2.24 - 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.

2.25 - 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.

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

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

KRS 14A.9-030.

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

Foreign entity is defined within KRS 14A.1-070.

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

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

2.27 – Non- Discrimination

The Equal Employment Opportunity Act of 1978 (the “Act”), KRS 45.560 to 45.640, applies to all State government contracts or subcontracts in an amount exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin or.

(b) The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during

Document Phase Document Description Page 19 https://onestop.ky.gov/Pages/default.aspx employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin.

(c) The Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin.

(d) The Contractor shall post notices in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.

The Contractor shall send a notice to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding advising the said labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause.

The Contractor's noncompliance with the nondiscrimination clauses of this contract shall constitute a material breach of the contract.

Each Contractor shall, for the length of the contract or at the point at which the contract is covered by this Act and until its conclusion, furnish such information as required by the Act and any rules, regulations and orders issued pursuant thereto and permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the Cabinet to ascertain compliance with the Act.

This section applies to agreements disbursing federal funds, in whole or part, only when the terms for receiving those funds mandate its inclusion.

2.28 - 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.

2.29 - 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

2.30 – 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.

2.31 - 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.

2.32 - Access to Records

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The state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, 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 agreement for the purpose of financial audit or program review. 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. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

2.33 - 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.