Final_RFB_605_2700000067_7_SO_FORM.PDF

Document ID: RFB 605 2700000067 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 7

TITLE: LED Modules

Date Issued:

09/03/2026 Record Date:

09/03/2026

Solicitation Closes Date:

09/10/2026 Time:

13:30

Solicitation No:

RFB 605 2700000067

Reason for Modification

Addendum #6: Revised eBridge Information form auction date, bid closing date has not changed.

Online Bidding Prohibited: No

For Information Call:

LATASHA CHENAULT

502-782-5673

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

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

Document ID: RFB 605 2700000067 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 8" Red LED Modules 25.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

55089 Traffic Signals and Equipment, Electric Parts

Extended Description 8" Red LED Modules

DO NOT SUBMIT PRICING DURING PHASE 1.

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

Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

See attached document How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf.

Please enter contact person, phone number and email in the Comments Section.

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

This RFB will be conducted as a Multistep Competitive Sealed Bid in accordance with 200 KAR 5:375 also referred to as a REVERSE AUCTION.

The Commonwealth has partnered with eBridge to host this bidding event on its Web-Based Bidding Platform. Vendors who have not previously registered must register with eBridge by emailing tara.obannon@ebridgeglobal.com

Review the Attachment (eBridge Bid Instructions). The awarded supplier is obligated to pay a transaction fee to eBridge pursuant to the Terms and Conditions accepted upon placement of initial bid.

This RFB will consist of two phases.

Phase 1: VENDORS SHALL SUBMIT UNPRICED OFFERS per instruction in Section 3.04. Prices will be accepted only from bidders whose unpriced technical offer is found acceptable during Phase 1.

Phase 2: PRICES WILL ONLY BE ACCEPTED IN THE SECOND PHASE DURING THE ONLINE REVERSE AUCTION BIDDING EVENT. If only one (1) responsive bid is received, the online reverse auction will be cancelled and the Division of Purchases, will request pricing from the vendor via email. The criteria that will be used to evaluate the offers at the conclusion of the online bidding event are located in section 5.00.

KYTC Warehouse (T-02-0370)

FOR INTERNAL USE ONLY

Document ID: RFB 605 2700000067 Page: 3

2 8" Yellow LED Modules 25.00000 EA

8" Yellow LED Modules

KYTC Warehouse (T-02-0380)

3 8" Green LED Modules 25.00000 EA

8" Green LED Modules

KYTC Warehouse (T-02-0390)

4 12" Red Arrow 1000.00000 EA

12" Red Arrow

KYTC Warehouse (T-02-0310)

Document ID: RFB 605 2700000067 Page: 4

5 12" Yellow Arrow 1000.00000 EA

12" Yellow Arrow

KYTC Warehouse (T-02-0310)

6 12" Red LED Module 1500.00000 EA

12" Red LED Module

KYTC Warehouse (T-02-0330)

7 12" Yellow LED Module 1000.00000 EA

12" Yellow LED Module

KYTC Warehouse (T-02-0340)

Document ID: RFB 605 2700000067 Page: 5

8 12" Green LED Module 1200.00000 EA

12" Green LED Module

KYTC Warehouse (T-02-0350)

9 Countdown Pedestrian LED Module 750.00000 EA

Countdown Pedestrian LED Module

KYTC Warehouse (T-02-0365)

10 12" Green Arrow 1000.00000 EA

12" Green Arrow

KYTC Warehouse (T-02-0320)

Document ID: RFB 605 2700000067 Page: 6

11 12" Red U-Turn LED Module 150.00000 EA

12" Red U-Turn LED Module

KYTC Warehouse (T-02-0391)

12 12" Yellow U-Turn LED Module 150.00000 EA

12" Yellow U-Turn LED Module

KYTC Warehouse (T-02-0362)

13 12" Green U-Turn LED Module 150.00000 EA

12" Green U-Turn LED Module

KYTC Warehouse (T-02-0393)

Document ID: RFB 605 2700000067 Page: 7

14 Yellow/Yellow Arrow Bi-Modal 12" LED 150.00000 EA

Yellow/Yellow Arrow Bi-Modal 12" LED

KYTC Warehouse (T-02-0296)

15 12" Green Bicycle LED 50.00000 EA

12" Green Bicycle LED

KYTC Warehouse (T-02-0396)

16 12" Red Bicycle LED 50.00000 EA

12" Red Bicycle LED

KYTC Warehouse (T-02-0394)

Document ID: RFB 605 2700000067 Page: 8

17 12" Yellow Bicycle LED 50.00000 EA

12" Yellow Bicycle LED

KYTC Warehouse (T-02-0394)

18 3- Port WAGO Connector 100.00000 EA

3- Port WAGO Connector

19 5- Port WAGO Connector 50.00000 EA

5- Port WAGO Connector

Shipping Information KYTC Division of Traffic Operations - Transportation Warehouse

1239 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Traffic Operations

200 Mero Street 3rd Floor Frankfort KY 40622

Document ID: RFB 605 2700000067 Page: 9

Submission Checklist

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

Item The bidder with the lowest price receives the maximum score.

The bidder with the best delivery receives maximum points.

9/3/2026 Addendum #6: Revised eBridge Information form auction date, bid closing date has not changed.

9/3/2026 Addendum #5: To answer vendor questions, bid closing date for Phase 1 and Phase 2 has changed.

Question #1: There are Lever and Push in type WAGO splice connectors available. We are assuming the Lever type is the type desired, correct?

Answer #1: Yes, to lever type

Question #2: Which WAGO splice connectors do you want to come installed with each of the LED modules?

Answer #2: Lever Type

Question #3: Where on the LED wire leads do you want the WAGO splice connectors installed?

Answer #3:

Document Phase Document Description Page 10

2700000067 Final LED Modules Total Pages: 41

Question #4: Will a BABA waiver apply to line items 18 & 19 since the product content is not domestic and primarily manufactured in Germany?

Answer #4: No, we cannot issue a waiver

8/27/2026 Addendum #4: To answer vendor question, bid closing date has not changed.

Question #1: This contract has Buy America, Build America provisions. These provisions are changing on 10/1/2026, but the contract is bidding prior to 10/1/2026. Is the awarded bidder to provide materials that are compliant with the provisions as they are on the bid date or are the provisions that go into effect on 10/1/2026 to be used?

Answer #1: The 55 percent requirement will become effective for Federal-aid projects obligated on or after October 1, 2026. This means that, for manufactured product to be Buy America-compliant, for Federal-aid projects obligated on or after October 1, 2026, all manufactured products permanently incorporated into the project must both be manufactured in the United States (satisfy the final assembly requirement) and have the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States be greater than 55 percent of the total cost of all components of the manufactured product (satisfy the 55 percent requirement).

No other changes have been made.

Closing date shall remain the same.

8/21/2026 Addendum #3: To answer vendor question, bid closing date has not changed.

Question #1: Can you confirm if the added WAGO connectors are extra parts? The LEDs come with the connectors already installed. Do you want the connectors separate from the LEDs?

Answer #1: LED shall come with the connectors attached however line items 18 and 19 are to allow Traffic to order these connectors separately.

Document Phase Document Description Page 11

Closing date shall remain the same.

8/19/2026 Addendum #2: To answer vendor question, added commodity lines 18 and 19. Closing date has not changed. Corrected initial begin date and expiring date in Section 2.02

Question #1: Do you know if KYTC would like the LED Modules with WAGO connector? KYTC has ordered the WAGO connector in the past, but it is not mentioned in the specs.

Answer #1: Yes, please include the WAGO connector.

Closing date shall remain the same

8/17/2026 Addendum #1: Updated terms in section 1.00 - Specifications of Commodity. Closing date has not changed.

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.

Document Phase Document Description Page 12

2700000067 Final LED Modules Total Pages: 41 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

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)

_____ PHASE 1 – OFFERS WITHOUT PRICING

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 2.23)

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

_____ NON COLLUSION CERTIFICATION (Section 1.02 E)

_____ BUY AMERICA/BABA (Section 1.02 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

This RFB will be conducted as a Multistep Competitive Sealed Bid in accordance with 200 KAR 5:375 also referred to as a REVERSE AUCTION.

Document Phase Document Description Page 13 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx

The Commonwealth has partnered with eBridge to host this bidding event on its Web-Based Bidding Platform.

Vendors who have not previously registered must register with eBridge by emailing tara.obannon@ebridgeprocurement.com

Review the attachment (eBridge Bid Instructions).

The awarded supplier is obligated to pay a transaction fee to eBridge pursuant to the Terms and Conditions accepted upon placement of initial bid.

This RFB will consist of two phases.

Phase 1: VENDORS SHALL SUBMIT UNPRICED OFFERS per instruction in Section 3.04. Prices will be accepted only from bidders whose unpriced technical offer is found acceptable during Phase 1.

Phase 2: PRICES WILL ONLY BE ACCEPTED IN THE SECOND PHASE DURING THE ONLINE REVERSE AUCTION BIDDING EVENT. If only one (1) responsive bid is received, the online reverse auction will be cancelled and the Division of Purchases, will request pricing from the vendor via email. The criteria that will be used to evaluate the offers at the conclusion of the online bidding event are located in section 5.00.

Reciprocal Preference will be given to the resident bidders per KRS 45A.494 prior to award.

Section 1 – Specifications - Commodity

1.00 - Specifications of Commodity

Vendors shall supply a BABA Certification Form (see attached sample Form) and all of the information referenced below with each invoice.

1. Reference the delivery order;

2. Specific product information;

3. Compliance with BABA reference;

4. Location of manufacturer; and

5. A company representative signature

Except as provided herein, conform to all requirements of the Kentucky Transportation Cabinet Department of Highways' 2012 Standard Specifications for Road and Bridge Construction.

Document Phase Document Description Page 14 mailto:tara.obannon@ebridgeprocurement.com

A link to the Standard Specifications can be found at:

https://transportation.ky.gov/Construction/StdSpecsWSupplSpecs/2012%20Standard%20Spec%20with%20Supp %20Spec%20February%202018.pdf

Section 835.16.05 general specifications requirements for Optical Units (LED).

Contrary to section 835.16.05 paragraph four:

See this site for a list of Certified Products:

http://www.intertek.com/lighting/infrastructure/traffic-signals/

ITE Current Editions:

Vehicular, circular, signal modules shall comply with the Institute of Transportation Engineers (ITE) Vehicle Traffic Control Signal Heads: Light Emitting Diode (LED) Circular Signal Supplement, dated 6/2005;

Vehicular, arrow, signal modules shall comply with the ITE Vehicle Traffic Control Signal Heads: Light Emitting Diode (LED) Vehicle Arrow Traffic Signal Supplement, dated 1/2008; and

The walking person and hand icons portion of the pedestrian signal modules shall comply with the ITE Pedestrian Traffic Control Signal Indicators- Light Emitting, dated 2/2011.

Sampling and Independent Testing

Prior to award of the contract, KYTC reserves the right to require delivery of sample modules for visual inspection and approval.

KYTC reserves the right to engage an independent testing laboratory to perform quality assurance testing on a minimum of ten units randomly selected from all units furnished for any or all line items on the contract. Failure to meet the requirements of the specifications by two or more sample units representing any line item may result in all the units furnished for that line item being rejected, the contract may be declared null and void, and liquidated damages may be assessed for the total amount of the awarded contract. KYTC will notify the vendor of this rejection by overnight mail or other adequate means.

Document Phase Document Description Page 15

2700000067 Final LED Modules Total Pages: 41 https://transportation.ky.gov/Construction/StdSpecsWSupplSpecs/2012%20Standard%20Spec%20with%20Supp%20Spec%20February%202018.pdf https://transportation.ky.gov/Construction/StdSpecsWSupplSpecs/2012%20Standard%20Spec%20with%20Supp%20Spec%20February%202018.pdf http://www.intertek.com/lighting/infrastructure/traffic-signals/

Packaging

Each individual LED module shall be packaged in an individual cardboard box. This box shall be flat on all sides to help with shipping of this LED module to the Traffic Warehouse. The vendor may have to send a sample of this box for approval before award of the contract.

Every individual container shall have the date of shipment clearly stamped on the outside of the container so that the warehouse may utilize a “first-in-first-out” inventory process.

Warranty

A written warranty against defects in materials and/or workmanship shall be furnished. The warranty period will last 60 months (contrary to 835.16.05)and begin on the date the modules are received by KYTC. Modules that fail within the warranty period will be returned to the vendor and replacement modules shall be provided at no cost to KYTC. All freight (sending and receiving) shall be provided at no cost to KYTC for the warranty period.

1.01- Required Insurance Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with (C) through the entire contract:

A. Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor.

Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Document Phase Document Description Page 16

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

A Certificate of Insurance (COI) on an ACORD form shall include the following:

# The certificate holder shall be listed as:

Kentucky Transportation Cabinet Division of Purchases

200 Mero Street, 4th Floor Frankfort, Kentucky 40622

# Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

# The contract number in the Description of Operations box.

D. Subcontractors

If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

# The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract, with an Additional Insured Endorsement.

# KYTC reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

1.02 - 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

Document Phase Document Description Page 17

2700000067 Final LED Modules Total Pages: 41 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx

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

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.

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2700000067 Final LED Modules Total Pages: 41 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 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 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)

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

Document Phase Document Description Page 19

• 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.

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

Document Phase Document Description Page 20 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

• (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 Traffic Operations to award a master agreement contract for: LED Modules

2.01 - Contract Components and Order of Precedence

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

1. The written Master Agreement between the Parties;

2. Any Addenda to the Solicitation;

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

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

5. The Kentucky Revised Statutes KRS 45A.

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

2.02 - Initial Contract Period

The Master Agreement will be for the initial period beginning no earlier than 9/30/26 and expiring 9/30/2027.

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.

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 Traffic Operations, Department of Highways 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.

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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

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:

Latasha Chenault

Division of Purchases

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Kentucky Transportation Cabinet

Phone: 502-782-5673

E-mail: Latasha.Chenault@ky.gov

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

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

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

2.12 Delivery Orders for Commodities

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

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

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

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

2.13 - Deliveries

Vendor guarantees delivery of all requested items within ________ calendar days after 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 – Payments

Document Phase Document Description Page 24 mailto:Latasha.Chenault@ky.gov

The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10) Unit prices; and

(11) Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf

The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided. The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within ten (10) working days.

2.16 - Vendor’s Report

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2700000067 Final LED Modules Total Pages: 41 https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a…