Final_RFB_605_2600000343_2_SO_FORM.PDF

Document ID: RFB 605 2600000343 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Herbicides and Adjuvants

Date Issued:

02/05/2026 Record Date:

02/05/2026

Solicitation Closes Date:

02/12/2026 Time:

13:30

Solicitation No:

RFB 605 2600000343

Reason for Modification

2/5/26 - Addendum to Delete Line Item #5 and add wording to Line Item #33 extended description. Closing date will change to 2/12/26. No other changes have been made.

Online Bidding Prohibited: No For Information Call:

Tiffany Kiser 502-782-3974

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 605 2600000343 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Acclaim Extra 100.00000 GAL

Comm Code Comm Description Manufacturer Model # Manuf Part #

67590 Liquid Formulation Herbicides

Extended Description Name: Acclaim Extra

Brand: Bayer (EPA Reg. No. 432-950)

Preferred Unit size: one (1) gallon durable plastic containers.

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.***

*On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.* See attached document How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf.

*ALL actual BID PRICES must be entered on attached Bid Sheet and submitted as an attachment in the e-procurement system.* *Please enter contact person, phone number, and email address on the bid sheet.* Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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.

2 Super Trimec 280.00000 GAL

Extended Description Name: Super Trimec

Active Ingredients:

2,4-D, 2-ethylhexyl ester ...........32.45% 2,4-DP-p, 2-ethylhexyl ester......15.90% Dicamba.................................... 5.38% Other Ingredients...................... 46.27%

Brand: Super Trimec by PBI/Gordon (EPA Reg. No. 2217-758)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

Bidders must provide prices PER GALLON.

Minimum order for this item: 1 case

Document ID: RFB 605 2600000343 Page: 3

3 Diquat 85.00000 GAL

Extended Description Name: Diquat SPC 2 L

Brand: Diquat SPC 2 L by Nufarm (EPA Reg. No. 228-675).

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

4 Escort XP 780.00000 LB

67585 Dry Formulation Herbicides

Extended Description Name: Escort XP

Brand: Escort XP by Bayer (EPA Reg. No. 432-1549).

Preferred Unit size: Sixteen (16) ounce / (1 lb) container

Bidders must provide prices per 16 oz.

5 Deleted Line 0.00000 GAL

Extended Description Name: Formula 40

Brand: Formula 40 by Nufarm (EPA Reg. No. 228-357)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

Document ID: RFB 605 2600000343 Page: 4

6 Fusilade II 2300.00000 GAL

Extended Description Name: Fusilade II

Brand: Fusilade II by Syngenta (EPA Reg. No. 100-1084)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

7 Garlon 4 Ultra 350.00000 GAL

Extended Description Name: Garlon 4 Ultra

Brand: Garlon 4 Ultra by Corteva (EPA Reg. No. 62719-527)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

8 Krenite S 180.00000 GAL

Extended Description Name: Krenite S

Brand: Krenite S by Albaugh (EPA Reg. No. 42750-247)

Document ID: RFB 605 2600000343 Page: 5

9 Method 240SL 200.00000 GAL

Extended Description Name: Method 240SL

Brand: Method 240SL by Bayer (EPA Reg. No. 432-1565)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

10 Milestone 330.00000 GAL

Extended Description Name: Milestone

Brand: Milestone by Corteva (EPA Reg. No. 62719-519)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

11 MSMA 6 Plus 750.00000 GAL

Extended Description Name: Drexel MSMA 6 Plus

Document ID: RFB 605 2600000343 Page: 6

Brand: The product to be supplied will be MSMA 6 plus product containing 6 pounds of MSMA per gallon. (EPA Reg. No. 19713-42)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

12 Oust Extra 120.00000 LB

Extended Description Name: Oust Extra

Brand: Oust Extra by Bayer (EPA Reg. No. 432-1557

Preferred Unit size: 4.0 lb non-refillable containers (8 x 4.0 lb per case)

Bidders must provide prices PER POUND.

13 Outrider 20000.00000 OZ

Extended Description Outrider

The material will be furnished in 20 ounce durable plastic containers, packed 200 ounces (10 X 20 oz.) per case. The minimum order will be one case.

Herbicide

Brand: Outrider by Valent (EPA Reg. No. 59639-223)

Preferred Unit size: 20-ounce durable plastic containers (10 x 20-oz containers per case)

Bidders must provide prices PER OUNCE.

Document ID: RFB 605 2600000343 Page: 7

14 Payload 125.00000 LB

Extended Description Name: Payload

Brand: Payload by Valent (EPA Reg. No. 59639-120)

Preferred Unit size: 12.0 pound containers (2 x 12.0 lbs per case)

15 Pendulum Aquacap 50.00000 GAL

Extended Description Name: Pendulum AquaCap

Brand: Pendulum AquaCap by BASF (EPA Reg. No. 241-416 )

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

16 Plateau 500.00000 GAL

Extended Description Name: Plateau

Brand: Plateau by BASF (EPA Reg. No. 241-365)

Preferred Unit size: one (1) gallon durable plastic containers.

Document ID: RFB 605 2600000343 Page: 8

17 Polaris AC Complete 100.00000 GAL

Extended Description Name: Polaris AC Complete

Brand: Polaris AC Complete by Nufarm (EPA Reg. No. 228-570)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

18 Resolute 65WG 50.00000 LB

Extended Description Name: Resolute 65WG

Brand: Resolute 65WG by Syngenta (EPA Reg. No. 100-834)

Preferred Unit size: 5 pound non-refillable containers

19 Aquamaster (Glyphosate) 2800.00000 GAL

Extended Description Name: Aquamaster (glyphosate)

Brand: Aquamaster by Bayer (EPA Reg. No. 524-343)

Document ID: RFB 605 2600000343 Page: 9

20 Aquamaster (Glyphosate) - Bulk 1500.00000 GAL

Extended Description Name: Aquamaster (glyphosate) - BULK

Brand: Aquamaster by Bayer (EPA Reg. No. 524-343)

21 Telar XP 500.00000 OZ

Extended Description Name: Telar XP

Brand: Telar XP by Bayer (EPA Reg. No. 432-1561)

Preferred Unit size: 8-ounce non-refillable containers

Bidders must provide prices PER OUNCE.

22 Transline 400.00000 GAL

Extended Description Name: Transline

Brand: Transline by Corteva (EPA Reg. No. 62719-259)

Document ID: RFB 605 2600000343 Page: 10

23 Vastlan (Triclopyr) 800.00000 GAL

Extended Description Name: Vastlan

Brand: Vastlan by Corteva (EPA Reg. No. 62719-687)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

24 Vista XRT 20.00000 GAL

Extended Description Name: Vista XRT

Brand: Vista XRT by Corteva (EPA Reg. No. 62719-586)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

25 EsplAnade 200 SC 300.00000 GAL

Extended Description Name: EsplAnade 200 SC

Brand: EsplAnade 200 SC by Bayer (EPA Reg. No. 432-1516)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per cas

Document ID: RFB 605 2600000343 Page: 11

26 Freelexx 6500.00000 GAL

Extended Description Name: Freelexx

Brand: Freelexx by Corteva (EPA Reg. No. 62719-634)

The product to be supplied will be Freelexx providing 3.8 pounds/gallon of the choline salt of 2,4-dichlorophenoxyacetic acid (38.4%) .

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

27 Cleantraxx 100.00000 GAL

Extended Description Name: Cleantraxx

Brand: Cleantraxx by Corteva (EPA Reg. No. 62719-702)

Cleantraxx Active Ingredient:

penoxsulam: 2-(2,2-difluoroethoxy)-N-(5,8-dimethoxy[1,2,4] triazolo[1,5c]pyrimidin-2-yl)-6-(trifluoromethyl)benzenesulfonamide ....... 0.85% oxyfluorfen: 2-chloro-1-(3-ethoxyl-4-nitrophenoxy)-4-(trifluoromethyl) benezene ..........40.31% Other Ingredients..............................58.84% Total ................................................ 100.00% Contains 0.083 lb penoxsulam and 3.93 lb oxyfluorfen active ingredient per gallon.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

Document ID: RFB 605 2600000343 Page: 12

28 Terravue (4.4 pound jugs) 200.00000 LB

Extended Description Name: Terravue

Terravue, EPA Reg. No. 62719-738. The material will be furnished in 4 - 4.4 pound jugs per case.

Brand: Terravue (EPA Reg. No. 62719-738)

Preferred Unit size: 4.4 pound jug (4 x 4.4 lb. jugs per case)

29 Krenite-S (Bulk) 400.00000 GAL

Extended Description Name: Krenite S

Brand: Krenite S by Albaugh (EPA Reg. No. 42750-247)

Preferred Unit size: 15 or 30 gallon returnable containers

Bidders must provide prices PER GALLON.

Minimum order for this item: ONE (1) pallet of 15 gal. X 9 (for 15 gallon containers) --- OR ---- ONE (1) pallet of 30 gal. X 5 (for 30 gallon containers).

30 HighNoon 100.00000 GAL

Extended Description Name: HighNoon

Brand: HighNoon by Corteva (EPA Reg. No. 62719-755)

Document ID: RFB 605 2600000343 Page: 13

31 Cut Stump Treatment 150.00000 GAL

Extended Description Cut Stump Treatment

This blend of products shall consist of:

Basal Oil - 77% Garlon 4 Ultra - 20% Polaris AC Complete - 1% Milestone - 2% Total = 100%

Preferred Unit size: 5 gallon cube

Bidders must provide prices PER GALLON.

(1 x 5 gallon cube).

Minimum order for this item: 60 gallons

32 Pasturegard HL 350.00000 GAL

Extended Description Name: PastureGard HL

Brand: PastureGard HL by Corteva (EPA Reg. No. 62719-637)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

Document ID: RFB 605 2600000343 Page: 14

33 Poast 125.00000 GAL

Extended Description Name: Poast or Equivalent

Brand: Poast by BASF Corporation (EPA Reg. No. 7969-58) or Equivalent.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

34 Remedy Ultra 100.00000 GAL

Extended Description Name: Remedy Ultra

Brand: Remedy Ultra by Corteva (EPA Reg. No. 62719-552)

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

35 Garlon 3A 350.00000 GAL

Extended Description Name: Garlon 3A

Brand: Garlon 3A (triclopyr) by Corteva (EPA Reg. No. 62719-37)

Document ID: RFB 605 2600000343 Page: 15

36 Arsenal AC 200.00000 GAL

Extended Description Name: Arsenal AC

Brand: Arsenal AC by BASF Corporation (EPA Reg. No. 241-346).

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

37 Plainview SC 150.00000 GAL

Extended Description Name: Plainview SC

Brand: Plainview SC by ENVU Environmental Sciences (EPA Reg. No. 101563-205).

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

38 Piper EZ 100.00000 GAL

Extended Description Name: Piper EZ

Brand: Piper EZ by Valent (EPA Reg. No. 59639-237).

Document ID: RFB 605 2600000343 Page: 16

39 Detail 25.00000 GAL

Extended Description Name: Detail

Brand: Detail by BASF Corporation (EPA Reg. No. 7969-297).

Preferred Unit size: 1 gallon durable plastic containers (2 x 1.0 gal per case)

40 Condition Plus 250.00000 GAL

67555 Adjuvants: Emulsifiers, Spreader/Stickers, Wetting Agents, e

Condition Plus (Adjuvant)

Vendor shall provide the Garrco product "Condition Plus" which contains ammonium sulfate, water conditioners, deposition aid/drift reduction mitigation system and full load of surfactant. Product shall be packaged in 2.5 gallon containers.

Preferred Unit size: 2.5-gallon durable plastic containers (2 x 2.50 gallons per case)

Document ID: RFB 605 2600000343 Page: 17

41 Antifoamer/Defoamer 250.00000 QT

Antifoam/Defoamer

Name: Prevent by Garrco Products, Inc. product containing silicone antifoaming compounds.

Preferred Unit size: one (1) quart durable plastic containers (12 x 1.0 quarts per case)

Bidders must provide prices PER QUART.

minimum order for this item: 1 case

42 Stimulate 250.00000 GAL

Name: Stimulate

Brand: Stimulate - by Garrco Products, Inc.

A diverse microbial and Rhizobia inoculant system.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

43 Anti-Drift (Spray Drift Control) 600.00000 QT

Drift Control Agent - Adjuvant

Name: Control

Document ID: RFB 605 2600000343 Page: 18

Brand: Control by Garrco Products, Inc.

Preferred Unit size: one (1) Quart durable plastic containers (12 X 1 Quart per case)

44 Basal Oil - Emulsified 200.00000 GAL

Basal Oil - Adjuvant

Name: Brush and Basal Oil

Brand: Helena The preferred product is listed above; however, bidder may submit an approved equal.

An approved equal product shall contain a minimum of 98% petroleum oil distillates.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

45 Crop Oil Concentrate 200.00000 GAL

Crop Oil Concentrate - Adjuvant

Name: Crop Oil Concentrate

Brand: Helena The preferred product is listed above; however, bidder may submit an approved equal.

An approved equal product shall contain a minimum of 83% paraffin based petroleum oil.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

Document ID: RFB 605 2600000343 Page: 19

46 MSO - (Methylated Seed Oil) 1200.00000 GAL

MSO (Methylated Seed Oil) - Adjuvant

Name: MSO (Methylated Seed Oil) - Adjuvant

Brand: Loveland The preferred product is listed above; however, bidder may submit an approved equal.

An approved equal product shall contain a minimum of 99% methylated seed oil and alkylphenol exthoxylates.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case.

47 Nonionic Surfactant (90-10) 2500.00000 GAL

Nonionic Surfactant 90-10 - Adjuvant

The product to be supplied will be a nonionic surfactant containing at least 90% principal functioning agents.

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

Document ID: RFB 605 2600000343 Page: 20

48 Nu-Film IR 1300.00000 GAL

Nu-Film - IR - Adjuvant

Name: Nu-Film - IR

Brand: Miller Chemical Company

Preferred Unit size: 2.5 gallon durable plastic containers (2 x 2.5 gal per case)

49 Nonionic Surfactant (For blended products only)

100.00000 GAL

Surfactant

The specific surfactant will be the one utilized by Aquamix or Eco-Pak LLC, Penetron or EP 90 respectively, depending upon which blending company is utilized.

Vendor shall provide this surfactant when creating a blend of herbicide products as directed per Delivery Order.

50 Spray Tank Cleaner 150.00000 GAL

Name: Remove

Spray Tank Cleaner to remove residual herbicides from spray systems

Brand: Garrco Products, Inc.

The preferred product is listed above; however, bidder may submit an approved equal.

Document ID: RFB 605 2600000343 Page: 21

An approved equal product shall contain a minimum of anionic surfactants, ammonia and other sequestering agents.

Preferred Unit size: one (1) gallon durable plastic containers. (4 x 1.0 gallons per case)

51 Spray Colorant - Dye 150.00000 QT

Spray Colorant - Adjuvant - used for identifying spray patterns

Name: Vision Pink - Fluorescent Dye Concentrate

Brand: Garrco Products, Inc.

Preferred Unit size: one (1) Quart durable plastic containers (12 x 1.0 quarts per case)

52 Blending Fee 5000.00000 GAL

Extended Description Blending Fee

Blended mix shall be provided in accordance with the UAA BMP Closed Chain of Custody for Herbicide Use in the Utility Vegetation Management Industry Management. All custom blends shall conform to the technical requirements outlined in the terms and conditions. Deionized water shall be used in developing the blended mix. Containers shall meet the specific guidelines provided herein for returnable/refillable containers. All blended products must be packaged in containers that are designed, constructed, and ,marked to comply with requirements of DOT/UN regulations. Blended mix shall be plus or minus 0.25% of specifications.

Blending fee shall be the price per gallon for the total gallons of blended products.

Minimum order for this item: 60 gallons

Document ID: RFB 605 2600000343 Page: 22

53 5-Gallon Plastic Cubes 20.00000 EACH

Extended Description Heavy Duty five gallon plastic cubes

To be used by vendor for blended herbicide products to be delivered to KYTC. Reusable but not returnable to vendor.

54 Liberate (Adjuvant) 300.00000 GAL

Name: Liberate (surfactant plus drift control plus defoamer)

Case Pack to be 2 x 2.5 gallons

55 Blending Additive for Oil Blends 200.00000 GAL

Blending additive for oil blends

Document ID: RFB 605 2600000343 Page: 23

56 Non-Returnable 250-Gallon Tote Container 20.00000 CONT

250-gallon, nonreturnable tote container.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 605 2600000343 Page: 24

Submission Checklist

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

Item Bidder with the best price receives the maximum score.

2/5/26 – Addendum to delete Line item 5 and change wording on Line item #33.

Q1. – I was told that two products on this list are discontinued. One is Formula 40 – Liquid 2,4-d by Nufarm and Post by BASF.

A1. – Formula 40 has been discontinued therefore we have deleted line item #5 and Poast which is Line item #33 has been changed to Poast or equivalent.

Closing date has been changed to 2/12/26.

No other changes have been made.

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

Document Phase Document Description Page 25

2600000343 Final Herbicides and Adjuvants Total Pages: 49 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

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)

_____ VENDOR BID SHEET (Attached)

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)

_____ CERTIFICATE OF INSURANCE (See Section 1.01)

_____ SPECIMEN LABEL AND A SAFETY DATA SHEET

_____ OTHER REQUIRED DOCUMENTS

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.

Section 1 - Scope of Work - Service

1.00#Specifications of Commodity and/or Service Requirements

Weed Control Herbicide and Adjuvant Products:

Master Agreement (Price Contract) for the purchase of weed control herbicide and spray adjuvant products for use in the Kentucky Department of Highways Vegetation Management Program.

Award shall be made by Total. Vendors shall bid all lines to be considered for award.

The chemical formulation for each product is identified in the Extended Description of each line item. A Specimen Label and a Safety Data Sheet for each product shall provided prior to award. Only the products specified will be accepted. Other formulations shall be acceptable only as indicated in each line item. Bids that do not comply with this requirement will not be considered for the award of a Master Agreement.

The Department of Highways will approve each Bid Specimen Label for conformance to specifications prior to the award of a Master Agreement. The Division of Environmental Services in the Department of Agriculture will certify

Document Phase Document Description Page 26

2600000343 Final Herbicides and Adjuvants Total Pages: 49 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx that product label(s) are registered for use in Kentucky on highway rights-of-ways prior to the award of a Master Agreement.

Delivery shall be made not later than ten (10) calendar days to the designated point of destination after the receipt of a Delivery Order. Any authorized employee of the Transportation Cabinet may place a Delivery Order. Delivery Orders placed in a manner other than hard copy will be confirmed as hard copy.

The Vendor shall notify the District destination location of the time of the delivery of the order a minimum of twenty-four (24) hours prior to the scheduled delivery. Failure to give such notice may result in the Vendor's truck having to wait for the availability of personnel for unloading.

A copy of the Safety Data Sheet shall accompany each product delivery. Failure to do so may result in the rejection of the shipment.

Upon request by the Department, Vendor shall conduct a one day training to provide educational opportunities for KYTC staff to improve their knowledge and skills in the proper application and use of herbicide products. Training programs shall be developed to provide Continuing Education Units in categories 3, 5, and 6 as approved by the Kentucky Department of Agriculture. The Department reserves the right to request trainings on an annual basis for each of the Department’s Districts.

Vendor shall provide technical and field support to the Department as need arises.

The Department reserves the right, upon mutual agreement by both parties, to add or delete products to meet the needs of the Department.

Upon receipt of a Delivery Order for blended products, the Vendor shall provide technical oversight as to the compatibility of requested products and the proper ratios of such products to yield a blend that will meet the needs of the Department.

Testing as delivered will not be required. The product will be accepted by certification from the Vendor. However, random testing may be performed at the discretion of the Department of Highways to assure compliance of the product with specifications.

The actual usage will be determined by each District’s needs and each District reserves the right to increase or decrease the estimated quantity at the Master Agreement price.

Specifications for Closed System Returnable/Refillable Containers and Custom Blends:

Herbicide blends must be provided in accordance with the UAA BMP Closed Chain of Custody for Herbicide Use in the Utility Vegetation Management Industry Management.

Custom blends shall conform to the technical requirements outlined herein.

Containers must meet the specification guidelines provided herein for returnable/refillable containers. Products must be packaged in containers that are designed, constructed, and marked to comply with the requirements of DOT/UN regulations.

Drum Specifications:

Material must be furnished in a 15 or 30 gallon HDPE returnable/refillable drum or other approved containers.

Each container must be uniform in size, equipped with a tamper evident seal and one-way Micromatic valve designed and constructed to allow unrestricted flow in one direction, thus preventing introduction of other materials into container.

Container material shall be polyethylene plastic and shall meet DOT specification requirements to provide visibility of contents.

Document Phase Document Description Page 27

2600000343 Final Herbicides and Adjuvants Total Pages: 49

Containers shall be marked with gallon and liter increments.

Containers shall be provided with handling rings on both top and bottom of drums.

Drums shall be constructed with a convex bottom and center sump allowing for complete removal of all product.

A permanent number and/or bar code shall be affixed to the container to provide container tracking data.

The EPA establishment number and batch code reference shall be affixed to the container via a protected label.

A label identifying the blended product in addition to the individual product labels shall be affixed to the container in accordance with EPA regulations.

Custom Blend Specifications:

Blending agency guarantees that blends shall be within plus or minus 0.25% of specifications.

Custom blending facility shall have computer controlled processing, tank monitoring system, and be climate controlled at an ambient temperature year round to ensure product’s specific gravity remains constant.

All blending units shall be permanently affixed in the facility and must be equipped with state certified scales.

Blending agency shall retain individual batch samples for a minimum of three years or per EPA regulations.

Blending agency shall provide documentation upon request confirming compatibility test for blend mix.

Blending agency shall provide technical advice to customer relative to requested blends.

Container Shipment and Pickup:

Blending agency shall provide the Department the ability to track order history, individual shipments, and containers online via a secure log-in.

All drums shall be shipped on returnable pallets provided by the blender and shall be shrink-wrapped.

Blending agency shall arrange for return of all empty containers.

Blending agency shall have a maximum of five (5) calendar days from the time of notification to arrange for return of empty returnable/refillable containers.

1.01– 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

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

Document Phase Document Description Page 28

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 Division of Maintenance to award a master agreement contract for: Herbicides and Adjuvants

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

2.02 - Initial Contract Period

The Master Agreement will be for the initial period beginning upon award and expiring January 31, 2027.

2.03 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases.

The Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Document Phase Document Description Page 29

2600000343 Final Herbicides and Adjuvants Total Pages: 49 http://insurance.ky.gov/company http://www.ambest.com

2.04 - Divisions/Agencies to Be Served

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

Division of Maintenance, KYTC Districts 1-12

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

2.05 - Quantity Basis of Contract

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

2.06 - Exception to Required Use of Contract

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

Document Phase Document Description Page 30

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 - 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:

Tiffany Kiser

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-564-4630

E-mail: Tiffany.Kiser@ky.gov

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

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

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

2.13 – Response

Delivery is required within ten (10) calendar days after the receipt of a delivery order. Earlier delivery is desired.

The Vendor agrees that when delivery is not made within the contracted due date, $1,000.00 per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date.

Document Phase Document Description Page 31

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

2.14 - Inspection

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

2.15 - Invoices

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified. Each invoice shall contain at least the following information:

a. Contract and Delivery Order number;

b. Item numbers;

c. Description of supplies or services;

d. Sizes;

e. Quantities;

f. Service Dates;

g. Unit prices; and

h. Extended totals.

2.16 - Payments

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

2.17 - Vendor’s Report

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form.

This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

2.18 - Post Contract Agreements

The Master Agreement shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract.

Any such documents so obtained will be non-binding on the State and be cause for breach of contract.

Document Phase Document Description Page 32

2.19-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.

2.20 - 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.

2.21 - Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth.

Any assignment hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

2.22 – 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).

Document Phase Document Description Page 33

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.

2.23 - 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.

2.24 - 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.

2.25 - 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

2.26 – 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 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.

Document Phase Document Description Page 34 https://onestop.ky.gov/Pages/default.aspx

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.

2.27 - Kentucky Sales and Use Taxes

Sales of tangible personal…