Final_RFB_605_2600000418_1_SO_FORM.PDF

Document ID: RFB 605 2600000418 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: PORTABLE VARIABLE MESSAGE CENTER TRAILER MTD

Date Issued:

02/23/2026 Record Date:

02/20/2026

Solicitation Closes Date:

03/18/2026 Time:

13:30

Solicitation No:

RFB 605 2600000418

Online Bidding Prohibited: No For Information Call:

Nick Cavender 502-782-3979

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2600000418 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 PORTABLE VARIABLE MESSAGE

CENTER, TRAILER MOUNTED

10.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

55014 Early Warning System, Engine Powered, Trailer Mounted (Or fo

Extended Description

THIS IS A REQUEST TO ESTABLISH A MASTER AGREEMENT FOR KYTC DIVISION OF EQUIPMENT

**THIS IS NOT AN ORDER, QUANTITIES LISTED ARE ONLY ESTIMATES.

***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 acaccountsrior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

2 AXLE LOCK BAR 10.00000 EA

Anti-theft axle-lock bar

3 LETTER/CHARACTER REPLACEMENT 10.00000 EA

Replacement letter characters for units described in Line Item 1.

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Document ID: RFB 605 2600000418 Page: 3

Frankfort KY 40601 Frankfort KY 40601

Document ID: RFB 605 2600000418 Page: 4

Submission Checklist

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

Item The bid with the lowest price receives maximum points. 95 Points The bid with the shortest delivery time receives the most points. 5 Points

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 our conference line at 866-830-9434, Participant Code 21327950, at 3:00 pm, Eastern Time on the bid closing date.

BID SUBMISSION CHECKLIST:

The vendor MUST include the following with the bid submission. If the items below are not submitted with the bid, the Commonwealth MUST deem the bid non-responsive and SHALL NOT be considered for award.

_____ BID INFORMATION – COMPLETED (See Section 5.00)

All other items MUST be submitted prior to award however, vendors are strongly encouraged to include with bid submission.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY FOREIGN

ENTITY (See Section 2.24)

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2600000418 Final PORTABLE VARIABLE MESSAGE CENTER

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Total Pages: 33 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

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

_____ NON-COLLUSION CERTIFICATION (Section 1.01 E)

_____ BUY AMERICA/BABA (Section 1.01 F)

_____ SPECIFICATION/PRODUCT LITERATURE

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 - Specifications – Commodity

1.0 - Specifications of Commodity

ITEM 1 – SOLAR POWERED PORTABLE MESSAGE BOARD, TRAILER MOUNTED

GENERAL: It is the intent of the following specifications to describe minimum requirements for a trailer mounted, solar powered message board upon which electronically generated LED lamp messages will be displayed to highway traffic as advisories or for the purposes of warning and/or control. The Solar message board will have sufficient energy backup to operate for a period of 30 days without any sun. The solar panel generator must be capable of recharging the battery bank at a rate of 2.5 hours sunlight in 24 hours. The trailer and all mounted equipment must be structurally adequate for unlimited, normal operation in wind velocities normally encountered on a roadway and have the capability to remain operational under inclement weather conditions and be designed to allow for one person transport and operation. The sign case should be angled from the top to bottom in a way to prevent glare from headlights. Unit to be manufacturer's latest current production model and meet minimum safety measures for this device.

DISPLAY CABINET

SIZE: Approximately 130” long x 72” high x 12” thick; board should have 3 degree taper from top to bottom to help reduce glare.

LETTER ARRANGEMENT: Three lines of 8 characters per line (total 24 letter characters).

MATERIAL: Aluminum construction and assembled as to prevent dissimilar metal action from, painted flat black for non-glare. Top and sides equipped with rain gutters formed into the aluminum sheet metal.

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2600000418 Final PORTABLE VARIABLE MESSAGE CENTER

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Total Pages: 33 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

MODULE COVERING: The front face of the sign shall be covered with a clear UV inhibited Lexan polycarbonate sheet or equivalent. Hinges to be stainless steel. Cover shall have telescoping prop slides to hold door open for service.

VENTILLATION: Two (2) thermostatically controlled cooling fans will be provided for cooling and to control condensation in models without LED technology.

MODULE SERVICEABILITY: Modules shall require only a nut driver and screwdriver for changing. All letters shall be identical and have the ability to be moved from one location to another without any changes to letters.

SIGN SUPPORT: The message sign panel to be supported on a telescoping upright member in a manner to permit raising the sign for operation and lowering it for transport. The upright device will enable 360 degree rotation and lock into position after being manually rotated. Sign must be at least 6 ½’ feet above the ground when in the fully raised position. In the transport position sign orientation will be in a position to minimize wind-drag during towing.

LETTER CHARACTERS

CHARACTER SIZE: shall be a minimum of 18 inches in height and 12 inches in width and composed of a minimum of 35 pixels.

PIXEL TYPE: Pixels must be composed of four LEDs per pixel constructed so that loss of a single LED will only affect ¼ the pixel.

LED COLOR: Yellow-orange at 590 +/- 4 nm.

LED BRIGHTNESS: The computer shall automatically adjust the sign brightness to maintain legibility at a distance of ½ mile under both day and night conditions. Legibility shall be maintained without being too dim or intense.

OPTICAL LENSES AND SUNSHADES: Each pixel shall have a snap-in optical lens to enhance brightness and reduce power consumption with a sunshade provided over each letter to eliminate glare on models without LED technology.

CONTROL CONSOLE

CONTROL TYPE: Self contained on-board computer. No laptop computer required to program or run sign display.

Computer shall be equipped with a timer to allow for special on-off timing and special message timing. The computer shall have the capability to display up to six (6) messages in sequence, with variable timing in ¼ second increments.

The on-board computer shall be equipped with NTCIP compliant software.

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Total Pages: 33

PROGRAMMING EASE: Unit shall have a ‘Quick Message Feature’ to allow an operator to display a 6-frame sequence on the sign with minimal training. Instructions and prompting will be displayed on a minimum 7” inch colored LCD pressured sensitive display screen. Ability to review messages on the LCD screen before display on the message sign shall be provided. A minimum of 250 preprogrammed messages accessible through an LCD touch screen controller (provided with the unit).

CONSOLE: The computer and power control unit shall be housed in a weather resistant, shock resistant lockable control box which shall include a light for night operation. The power control unit shall contain two current meters, one to show the amperage generated with the battery charger and one to show the amperage from the solar panels to the battery bank. The power control unit shall incorporate a PV regulator with thermal compensation for variances in ambient temperature to regulate the charge rate to the battery bank.

SECURITY: System shall have password protection for programming of message display and to adjust settings.

Console will be protected with an equipped keyed lock and a heavy-duty hasp that will allow for an additional lock.

This will provide for a double means of secured entry.

POWER SYSTEM

The Solar Message center is designed to accept two (2) power sources. The primary power supply will be a battery bank consisting of batteries wired in parallel/series to obtain 12V DC output. The battery bank is to be housed in a lockable metal battery box with plastic insert and aluminum access cover (a lockable plastic battery box will be acceptable).

The battery bank shall be recharged by a solar panel array producing a minimum of 150 watts of power. The solar panel array shall be located over (on top of) the display cabinet. Each solar panel shall have a blocking and bypass diode arrangement to prevent power back flow should a panel get damaged or shaded. A built-in battery charger shall be provided to allow charging from a 120VAC power source if needed.

The secondary power source shall allow the unit to accept 120VAC electrical service.

Both of the two power sources must be enclosed in an appropriate protective housing.

TRAILER

The trailer will serve both as a carrier and as an operating platform for all components of the complete unit. The base structure will be designed with structural rectangular steel tubing providing an adequate frame for the unit. All tubing will be joined by continuous bead welds. All tubing ends shall be closed ends. Axle and suspension systems shall be rated at a minimum of 3500 pounds. Wheels and tires shall be a minimum of 15 inch, 4 ply rating and shall be rated for towing at highway speeds of 65 miles per hour. A fender shall be installed over each wheel.

The trailer should be equipped with a hydraulic brake actuator system with an automatic back up release system if required on trailer.

Four crank type, heavy duty, industrial leveling jacks, one on each corner of the trailer, shall be installed.

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An LED lighting system shall be provided for the trailer, to include taillights, stop lights, turn signals, license plate light and reflectors. A trailer, electrical cable and connector shall be installed. To eliminate tubing installation chafing all wiring shall be routed and clamped underneath the structural tubing. A 2-inch ball type hitch with double safety chains in accordance with SAE J684F shall be installed.

SIGHT TUBE: A sight tube for aiming the message sign to the desired location shall be provided.

MODELS APPROVED WHEN IN ACCORDANCE WITH THE DETAILED SPECIFICATIONS SET

FORTH HEREIN. NOTE: Model listed below may require equipment not normally listed as standard or optional equipment. Make/Model submitted must be accompanied by manufacturers' literature.

Wanco Model WTLMB(A) or Approved Equal

ITEM 2 – AXLE LOCK BAR

Anti-theft axle-lock bar

ITEM 3 - LETTER/CHARACTER REPLACEMENT

Vendor to provide pricing for replacement letter characters for units described in Line Items 1 and 2.

APPLICABLE TO ALL LINE ITEMS:

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

ADDITIONAL EQUIPMENT: Unit shall contain any additional equipment, not specifically mentioned but necessary, to make a COMPLETE and WORKABLE unit.

REGULATIONS: Unit shall meet any state or federal OSHA, Manual on Uniform Traffic Control Devices (MUTCD), or DOT regulations as applicable. Unit will be delineated on a permanent basis with retro reflective material in a continuous line on the face of the trailer as seen by oncoming road users.

MANUALS: One (1) operator’s manual and one (1) parts & service manual shall be provided with each unit. Routine maintenance of the unit shall be described in these manuals. A detailed electrical schematic shall also be included with the service manual, describing all electronic and solid-state components. All manuals shall be provided at the time of delivery of the units. Any item not produced by the manufacturer and necessary to make a complete and workable unit will also be required to have the same manuals furnished. All manuals to be current with year model of the equipment delivered and shall accompany the delivery of the units.

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WARRANTY: Units Shall have a manufacturer’s warranty against defective parts and materials for a period of two

(1) year. Warranty shall include 100 percent parts and labor for warranted repairs. All warranty repairs shall be done on-site and performed “only” by a manufacturer’s authorized representative. A warranty card or document shall be provided with each unit.

PARTS AND SERVICE: Successful bidder shall be able to provide OEM repair parts/service within 36 hours after receiving notification from the Division of Equipment of equipment breakdown. Service work shall only be performed by manufacturer trained and certified technician.

PRE-SERVICE: All new equipment must be pre-serviced to the manufacturer’s recommendations and in first class operating condition when delivered. All service work shall be done in the vendor’s place of business or in another location provided by the vendor. No major assembly or servicing of equipment will be allowed on Highway Department property. Only minor modifications to equipment necessary to bring the item into compliance with specifications will be permitted on Highway Department property.

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

1.01 - Federal Language

Funds from the Federal Highway Administration will be used to make payment against the resulting contract. The following clauses shall apply:

A. KYTC Standard Specifications

Except as provided herein, conform to all requirements of the Transportation Cabinet’s Current Standard Specifications for Road and Bridge Construction. Section references herein are to the Cabinet’s Current Standard Specifications for Road and Bridge Construction.

The Standard Specifications can be found at: https://transportation.ky.gov/Construction/Pages/Kentucky-Standard- Specifications.aspx

B. FHWA 1273

https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

C. PROJECT WAGE RATES

Wage Rates (Davis Bacon) do not apply because this contract is for commodities and not services.

D. PROHIBITION ON TELECOMMUNICATIONS EQUIPMENT OR SERVICES

In accordance with the FY 2019 National Defense Authorization Act (NDAA), 2 CFR 200.216, and 2 CFR 200.471, Federal agencies are prohibited, after August 13, 2020, from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers. As a result of these regulations, contractors and subcontractors are prohibited, on projects with federal funding participation, from providing telecommunication or video surveillance equipment, services, or systems produced by:

Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities)

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

E. NON COLLUSION CERTIFICATION

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Total Pages: 33 https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

Per KRS 45A.325, “Any agreement or collusion among bidders or prospective bidders which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price, or to refrain from bidding, or otherwise, is prohibited.”

Per 23 USC 112 (c) “The Secretary shall require as a condition precedent to his approval of each contract awarded by competitive bidding pursuant to subsection (b) of this section, and subject to the provisions of this section, a sworn statement, executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.”

The attached Non-Collusion Certification must be submitted to Division of Purchases prior to award of contract.

F. BUY AMERICA REQUIREMENT AND BUILD AMERICA, BUY AMERICA (BABA) ACT

1.0 BUY AMERICA REQUIREMENT

Follow the “Buy America” provisions as required by Title 23 Code of Federal Regulations § 635.410. Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America, including the application of:

• Coating,

• Galvanizing,

• Painting, and

• Other coating that protects or enhances the value of steel or iron products.

The following are exempt, unless processed or refined to include substantial amounts of steel or iron material, and may be used regardless of source in the domestic manufacturing process for steel or iron material:

• Pig iron,

• Processed, pelletized, and reduced iron ore material, or

• Processed alloys.

The Contractor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

Produce, mill, fabricate, and manufacture in the United States of America all aluminum components of bridges, tunnels, and large sign support systems, for which either shop fabrication, shop inspection, or certified mill test reports are required as the basis of acceptance by the Department.

The use of foreign steel and iron materials may only be under the following conditions:

1) When the materials are not permanently incorporated into the project; or

2) When the delivered cost of such materials used does not exceed 0.1 percent of the total Contract amount or $2,500.00, whichever is greater.

The Contractor shall submit to the Engineer the origin and value of any foreign material used.

2.0 BUILD AMERICA, BUY AMERICA (BABA)

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https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=23-USC-1264422296-293024739&term_occur=999&term_src=

The Contractor shall comply with the Federal Highway Administration (FHWA) Buy America Requirement in Title 23 Code of Federal Regulations § 635.410 and all relevant provisions of the Build America, Buy America (BABA) Act, contained within the Infrastructure Investment and Jobs Act (IIJA), Pub. L. No. 117-58, §§ 70901-52 enacted November 25, 2021. The BABA requires iron, steel, manufactured products and construction materials used in infrastructure projects funded by federal financial assistance to be produced in the United States. The Contractor shall comply with Title 2 C.F.R. § 184.

A) Iron and Steel Requirements. BABA permits FHWA participation in the Contract only if domestic steel and iron will be used on the Project. To be considered domestic, all steel and iron used, and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating was applied. This requirement does not preclude a minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract amount under the Contract or $2,500.00 whichever is greater.

B) Construction Material Requirements. BABA permits FHWA participation in the Contract only if all “construction materials”, as defined in the IIJA and OMB Memorandum M-24-02, are produced in the United States.

The Buy America preference applies to the following materials incorporated into infrastructure projects:

• non-ferrous metals

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

• glass (including optic glass)

• fiber optic cable

• optical fiber

• lumber

• engineered wood

• drywall

C) Manufactured Products Requirements. All manufactured products incorporated into the project must comply with the following:

1) All manufactured products used in Federal-aid projects must have final assembly occur in the United States to be considered Buy America compliant.

2) Effective with the October 2026 letting, in addition to the requirement specified in paragraph 1), the cost of the components of the manufactured product that are mined, produced or manufactured in the United States must be greater than 55% of the total cost of all components of the manufactured product. Each manufactured item must be classified into one of the following categories: iron or steel product, manufactured product, construction material or another product category as specified by law or in 2 CFR Part 184. Items shall not be classified into multiple categories.

3.0 ADDITIONAL BABA ACT REQUIREMENTS.

A) De Minimis Waiver. The De Minimis Costs portion waives the application of the requirements of the BABA Act for construction materials and manufactured products under a single financial assistance award when the total value of the non-compliant products is no more than the lesser of $1,000,000 or 5% of the total applicable costs for the project. Applicable costs are defined as the costs of all steel, iron, manufactured products and construction materials. Cement and cementitious materials; aggregates such as stone, sand, or gravel; and binding agents and additives, standing alone, should not be included in the determination of total applicable project costs. The De Minimis waiver cannot be applied to a single item exceeding $1,000,000 in value.

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If the Contractor seeks to utilize the waiver, the entire administrative burden lies solely with the Contractor, including all documentation and tracking of actual costs of steel, iron, manufactured products and construction materials to ensure that the 5% threshold is not exceeded. Records must be retained for at least five (5) years after receipt of the Contractor’s Final Release Letter.

Additionally, the Contractor shall notify the Engineer in writing of the intent to utilize the waiver prior to purchasing any De Minimis material and/or products. This written notice shall include the estimated cost of the De Minimis material and/or products and the estimated total applicable costs for the project. Any noncompliant items outlined in the project specific Utilities and Rail Certification Note shall also be included.

B) Certification. Prior to the issuance of the Notice to Proceed, the Contractor shall submit a Department approved Build America, Buy America Certificate, certifying compliance with all applicable requirements. Once submitted, the Contractor is bound by the Certification. A false certification is a violation of 18 U.S.C. § 1001 and may result in criminal penalties. The Contractor bears the burden of proof of compliance.

In addition to the required Contractor certification, each manufacturer and/or supplier shall submit a certification to certify materials or supplies are in compliance with the applicable domestic material content procurement preferences found in the Buy America Act requirements (23 CFR 635.410) and the BABA Act (BABA) requirements (2 CFR part 184). The individual completing this form takes full responsibility for the information included in the form. The manufacturer/supplier shall utilize the AASHTO Domestic Materials Self-Certification Form.

C) Project Specific Waiver. At the Contractor’s request, the Cabinet may, but is not obligated to, seek a waiver of Buy America requirements if grounds for the waiver exist under 23 C.F.R. § 635.410(c) or will comply with the applicable Buy America requirements if a waiver of those requirements is not available or not pursued by the Cabinet. The time associated with the project specific waiver process will be considered non-compensable. Refer to the Federal Highway Administration’s Buy America webpage for more information.

4.00 DEFINITIONS.

A) Construction Materials. Pursuant to the definition in 2 CFR 184.3, construction materials are articles, materials or supplies that consist of only one of the following items. Minor additions of articles, materials, supplies or binding agents to a construction material do not change the categorization of a material as a “construction material”. All manufacturing processes for the construction material must occur in the United States.

• non-ferrous metals;

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

• glass (including optic glass);

• optical fiber;

• lumber;

• engineered wood; or

• drywall.

Not included: primarily iron or steel items; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.

“All manufacturing processes” is defined as the final manufacturing process and the immediately preceding manufacturing stage for the construction material.

B) Manufactured Products. Pursuant to the definition in 2 CFR 184.3, manufactured products means articles, materials, or supplies that have been:

• (i) processed into a specific form and shape; or

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2600000418 Final PORTABLE VARIABLE MESSAGE CENTER

• (ii) combined with other articles, materials, or supplies to create a product with different properties than the individuals’ articles, materials, or supplies.

An article, material, or supply classified as a manufactured product may include components that are construction materials, iron or steel products.

C) Iron and Steel. Pursuant to the definition in 2 CFR 184.3, iron or steel products means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. •

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such a bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the iron or steel components.”

The Certificate of Compliance must be submitted to Division of Purchases prior to award of contract.

G. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

DBE requirements do not apply because this contract is for commodities and not services.

Section 2 - Terms and Conditions of the Contract

2.00 – Scope of the Contract

The Kentucky Transportation Cabinet Division of Purchases issues this solicitation on behalf of the Division of Equipment to award a master agreement contract for: Portable Variable Message Center Trailer MTD

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 3/31/2027.

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: Division of Equipment

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

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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

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

2.10 - Basis of Shipment

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

2.11 - Notices

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

Nick Cavender

Division of Purchases

Kentucky Transportation Cabinet

E-mail: Nicholas.Cavender@ky.gov

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

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

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

2.12 Delivery Orders for Commodities

No shipments are authorized until an official Delivery Order has been fully processed by an authorized agency or payment has been made via Pro-Card.

Penalties assessed for late deliveries will be calculated based on the date of the Delivery Order and the delivery time stated in Section 2.13.

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

Any and all items or portions of items not delivered on or prior to the expiration date of the contract shall be considered cancelled after that date. There will be no claim for damages allowed by reason of cancellation thereof.

2.13 - Deliveries

Vendor guarantees delivery of all requested items within ________ calendar days after receipt of delivery order.

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

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

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2.17 - Vendor’s Report

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

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

2.18 - Post Contract Agreements

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

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

2.19 - Service Performance

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

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

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

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

2.20 - Assignment

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

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

2.21 – Ethics Compliance

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS 11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808. Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, and/or debarment.

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2.22 - Termination of Contracts

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of appropriation in accordance with 200 KAR 5:312.

2.23 - Endorsements

The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky.

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

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

KRS 14A.9-030.

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

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

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

Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx

2.25 – 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.

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.

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TRAILER MTD

https://secure.kentucky.gov/sos/ftbr/welcome.aspx

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.

2.26 - Kentucky Sales and Use Taxes

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

2.27 - Extension Period

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

2.28 – Extension to Other Agencies

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

If Contracts are used by state agencies other than the Transportation Cabinet, such…