Final_RFB_660_2300000339_2_SO_FORM.PDF

Document ID: RFB 660 2300000339 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: KDFWR - Greenup County Courtesy Dock

Date Issued:

12/21/2022 Record Date:

12/21/2022

Solicitation Closes Date:

01/04/2023 Time:

12:00

Solicitation No:

RFB 660 2300000339

Reason for Modification

Vendor Questions and Answers

Online Bidding Prohibited: No For Information Call:

Alexis Cataldo 502-892-4542

Bid Receiving Location:

KY Department of Fish & Wildlife Resources Purchasing #1 Sportsman's Lane

Frankfort KY 40601

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 660 2300000339 Page: 2

Line Items

Commodity Group: Default

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

1 KDFWR - Greenup County Courtesy Dock 1.00000 EACH

Comm Code Comm Description Manufacturer Model # Manuf Part #

12035 Docks and Piers, Fixed and Floating (Including Dock Systems, Extended Description

DELIVERABLES:

All structural aluminum to be allow 6061-T6 mill finish.

All aluminum joints to be fully welded by certified welders.

All cable and bolt hardware to be stainless steel.

1 - 6' x 32' Aluminum Floating dock.

2 - 6' x 16' Aluminum Floating docks.

1 - 4' x 50' Aluminum Gangway.

1 - 50' Aluminum Stiff Arm.

10 - 10" Aluminum boat tie up cleats.

5/8" Stainless Steel Cable with hardware for cross cabling.

Gangway and Stiff Arm are pin connection to dock and pin with bracket to connect by others to concrete bulkhead on shore side.

Dock designed for approximately 16" to 18" freeboard.

50 PSF minimum Live Load Black Poly floatation Aluminum Ribbed Decking Pressure treated fender boards with black vinyl perimeter bumper.

DESIGN LOADS:

Vertical Design Loads:

Aluminum deck and structural frame designed for a minimum of 50 PSF at any point on the deck surface.

Gangway designed for a minimum of 50 PSF live load at any point on the gangway surface.

Gangway handrails designed for a minimum of a 200lb load at any point and any direction.

Deck floatation designed for a minimum live load of 25 PSF with a freeboard between 16" and 18".

Horizontal Design Loads:

Dock designed to withstand a 15 PSF wind load, from any direction.

Dock designed to withstand impact load. Docks designed to withstand impact load at dock extents by boat at 10 degrees off the centerline at a speed of 2 feet per second.

Special Design Loads:

Dock designed with no more than 3" variation in freeboard per 100LF of deck under any combination of horizontal or vertical loads.

Dock designed to withstand vertical point load of 400lbs and maintaining freeboard and torsion requirements.

MATERIAL AND CONSTRUCTION-SUBSTRUCTURE

Aluminum:

T061-T6 marine grade aluminum for framing and decking of the courtesy dock.

Ribbed decking for traction.

Connections:

All welds will meet AWS D1.2/D1.2M Structural Welding Code standards. Solid homogenous jointed welds free of pits and scales. Sufficient length and area welds to properly join and provide integral structural strength.

All non-welded connections will be of SAE 304 stainless steel suitable for marine environments. Rubber and/or plastic washers, gaskets, or grommets will be utilized to prevent aluminum and stainless-steel contact.

Floatation:

All floatation will be manufactured from polyethylene containing U.V. ray inhibitors and black pigment to protect from ultra-violent deterioration. The floatation will have a balance of characteristics to ensure toughness, rigidity, and resistance to environment stress cracks. As well as meet FDA standard in CFR 21 to prevent material from contaminating waterways.

Document ID: RFB 660 2300000339 Page: 3

Floats meet the U.S. Army Corps of Engineers warranty requirements for less than 3 lbs. /cu. ft. of water absorption. These floats shall pass a puncture test, the "Hunt Absorption Test" and be 100% impervious to water and gasoline.

Floats will meet or exceed all U.S. Army Corps of Engineers requirements.

Decking:

Max spacing of decking is 3/16".

Anchorage:

The dock shall have a pinned connection to a concrete anchor. The components used to connect the courtesy dock to the concrete anchor shall be designed to withstand all design loads.

Shipping Information Kentucky Department of Fish & Wildlife Resources Kentucky Department of Fish & Wildlife Resources #1Sportsman's Lane

Frankfort KY 40601

Billing Information Kentucky Department of Fish & Wildlife Resources Kentucky Department of Fish & Wildlife Resources #1 Sportsman's Lane

Frankfort KY 40601

Document ID: RFB 660 2300000339 Page: 4

Submission Checklist

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

Item

Modification # 1 for RFB 660 2300000339 Vendor Questions and Answers December 21, 2022

QUESTION 1

Could you please advise us if we are, as a Canadian company, able to participate in this bid process? Or if there are any forms to fill up for it, could you please forward them to us?

ANSWER 1

All vendors must be registered with the KY Secretary of State to transact business in the Commonwealth of Kentucky, regardless of whether they are a foreign or domestic company.

Information on how to register with the KY Secretary of State can be found under the “DEVELOPMENT OF THE BID” section of the RFB.

QUESTION 2

The bid document requested a max decking spacing of 3/16". Our Timberstrong fasteners deliver a 1/4" spacing. Will this be acceptable?

ANSWER 2

Yes

QUESTION 3

Please confirm you are looking for a 16-18" freeboard under dead load.

ANSWER 3

Yes

QUESTION 4

Our aluminum dock frames are manufactured in slightly different sizes than what was specified in the RFB document. Would it be acceptable for us to provide (2) 6ft x 20ft docks and (1) 6ft x 25ft dock?

ANSWER 4

No. The 25’ width is too tight to comfortably accommodate two boats using slip at the same time. We wish to have pricing for the designed dimensions in the advertised plan.

COMMONWEALTH OF KENTUCKY

THE KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES (KDFWR)

DIVISION OF ADMINISTRATIVE SERVICES

REQUEST FOR BIDS (RFB)

Greenup County Courtesy Dock

RFB NO: 660 2300000339

BID OPENS: Friday, December 9, 2022

Document Description Page 5

2300000339 KDFWR - Greenup County Courtesy Dock

INSTRUCTIONS TO BIDDERS

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Allow 24 – 48 hours to complete Vendor Registration. Vendor Self Service Registration Guides are provided at https://finance.ky.gov/eProcurement/Pages/default.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 have any questions or need assistance registering as a vendor in the Commonwealth eProcurement System, 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).

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bids (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.

All bids MUST be submitted electronically to FW.Solicitations@ky.gov no later than 12:00 PM Eastern Time on Wednesday, January 4, 2023

Paper bids will NOT be accepted and will result in the bid being deemed nonresponsive.

The Kentucky Department of Fish and Wildlife Resources reserves the right to reject any or all bids.

Schedule of RFB Activities

Release of RFB Friday, December 9, 2022

Written Questions Due by 12:00 p.m. Eastern Time Friday, December 16, 2022

Anticipated KDFWR Response to Written Questions

Wednesday, December 21, 2022

Document Description Page 6 mailto:FW.Solicitations@ky.gov

Bids Due by 12:00 p.m. Eastern Time Wednesday, January 4, 2023 Bidders Notified of Award – Anticipated Wednesday, January 11, 2023

Contract Execution - Anticipated February 1, 2023

KDFWR BUYER

Alexis Cataldo-Johnson Kentucky Department of Fish and Wildlife Resources (KDFWR)

Administrative Services – Purchasing Branch #1 Sportman’s Lane Frankfort, KY 40601

Document Description Page 7

Document Description Page 8

Form of Proposal (SEALED BID)

Bid Receipt Closing Date: Wednesday, January 4, 2023 at 12:00 PM Eastern Time

Bidders MUST submit the bid electronically to the following email address:

FW.Solicitations@ky.gov

The Subject Line shall contain the following information:

Sealed Request for Bid No: RFB # 660 2300000339

Inquiries – Restrictions on Communication

The KDFWR Buyer named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail, or fax), concerning this procurement shall be addressed to:

Document Description Page 9

Alexis Cataldo-Johnson

FW.Solicitations@ky.gov

From the issue date of this bid package until a Bidder is selected and the selection is announced, Bidders are not allowed to communicate with any KDFWR Staff concerning this bid package except:

~The KDFWR Buyer (Alexis Cataldo-Johnson) cited in this bid package ~Commonwealth representatives during a scheduled Pre-Bid Conference; or ~Via written questions submitted to the KDFWR Buyer (Alexis Cataldo-Johnson)

For violation of this provision, the KDFWR shall reserve the right to reject their proposal response.

All inquiries must be submitted no later than ten (10) days prior to receipt of proposals to allow sufficient time for written responses to be routed.

Bidders are cautioned that the Restriction on Communications applies to all KDFWR employees except as listed above.

All communication attempts by the bidder, requests for approval of equal products, questions or requests for explanation concerning the meaning or interpretation of the RFB instructions, specifications, etc., shall be submitted in writing via email to FW.Solicitations@ky.gov on or before Friday, December 16, 2022 at 12:00 PM Eastern Time.

All questions and inquiries must be submitted electronically to FW.Solicitations@ky.gov

No phone calls will be accepted, nor will voicemails be returned.

Responses to all questions will be published to the eProcurement website as a modification to the RFB.

From the issue date of this RFB until a Contractor is selected and the selection is announced, bidders are not allowed to communicate with any KDFWR employees or officials concerning this RFB except for the KDFWR Purchasing Branch, Administrative Services Division.

The KDFWR reserves the right to reject the bid of any bidder who violates this provision.

Legislative Background

Senate Bill 217 created a new section of KRS Chapter 150 which designated the KDFWR Commissioner as the chief procurement officer for the purposes of conducting procurements for the Kentucky Department of Fish and Wildlife Resources. In addition, the KDFWR Commissioner was vested with the same level of authority and responsibilities as the Kentucky Finance and Administration Cabinet’s Secretary to implement the policies and procedures necessary to conduct future biddings and procurements for the Kentucky Department of Fish and Wildlife in accordance with KRS Chapter 45A.

Document Description Page 10

The Kentucky General Assembly enacted Senate Bill 217 and designated it as an “emergency”, allowing the legislation to be effective immediately upon enrollment. On May 19, 2022, due to the day-to-day operational requirements of the Kentucky Department of Fish and Wildlife Resources and in the best interest of the citizen of the Commonwealth, the KDFWR Commissioner declared an emergency pursuant to KRS § 45A (1)(a), which allows for an “emergency condition” due to state or federal legislative mandates.

As of April 13, 2022, the Kentucky Department of Fish and Wildlife Resources is responsible for its own procurements. The Kentucky Department of Fish and Wildlife Resources is committed to following KRS Chapter 45A regarding all current and future procurements.

*****ADVERTISEMENT*****

PURPOSE AND BACKGROUND

The Kentucky Department of Fish and Wildlife Resources (KDFWR) issues this solicitation with the intent of contracting with a single vendor to provide One (1) Courtesy Dock to be utilized by the KDFWR.

SCOPE

KDFWR is seeking bids for construction and delivery of an aluminum courtesy dock for the Little Sandy Boat Ramp, in Greenup County, Kentucky, to be installed adjacent to the Little Sandy Ramp into the Little Sandy River. The courtesy dock will increase convenience for boaters utilizing the existing boat ramp. KDFWR will complete onsite installation.

***Please see ATTACHMENT C for the Dock Plan Set***

Specifications:

Awarded bidder shall provide shop drawings prior to the start of dock fabrication for KDFWR approval.

Awarded bidder shall have (180) calendar days from contract issuance to deliver all specified items enabling complete installation to Frankfort, KY.

Awarded Bidder MUST be able to guarantee a Delivery Date of August 1, 2023.

Awarded bidder shall supply (2) complete sets of stamped plans with detailed assembly instructions

DELIVERABLES:

~ All structural aluminum to be allow 6061-T6 mill finish.

~ All aluminum joints to be fully welded by certified welders.

~ All cable and bolt hardware to be stainless steel.

~ 1 – 6’ x 32’ Aluminum Floating dock.

Document Description Page 11

~ 2 – 6’ x 16’ Aluminum Floating docks.

~ 1 – 4’ x 50’ Aluminum Gangway.

~ 1 – 50’ Aluminum Stiff Arm.

~ 10 – 10” Aluminum boat tie up cleats.

~ 5/8” Stainless Steel Cable with hardware for cross cabling.

~ Gangway and Stiff Arm are pin connection to dock and pin with bracket to connect by others to concrete bulkhead on shore side.

~ Dock designed for approximately 16” to 18” freeboard.

~ 50 PSF minimum Live Load

~ Black Poly floatation

~ Aluminum Ribbed Decking

~ Pressure treated fender boards with black vinyl perimeter bumper.

DESIGN LOADS

A. Vertical Design Loads

~ Aluminum deck and structural frame designed for a minimum of 50 PSF at any point on the deck surface.

~ Gangway designed for a minimum of 50 PSF live load at any point on the gangway surface.

~ Gangway handrails designed for a minimum of a 200lb load at any point and any direction.

~ Deck floatation designed for a minimum live load of 25 PSF with a freeboard between 16” and 18”.

B. Horizontal Design Loads

~ Dock designed to withstand a 15 PSF wind load, from any direction.

~ Dock designed to withstand impact load. Docks designed to withstand impact load at dock extents by boat at 10 degrees off the centerline at a speed of 2 feet per second.

C. Special Design Loads

~ Dock designed with no more than 3” variation in freeboard per 100LF of deck under any combination of horizontal or vertical loads.

~ Dock designed to withstand vertical point load of 400lbs and maintaining freeboard and torsion requirements.

MATERIAL AND CONSTRUCTION-SUBSTRUCTURE

A. Aluminum

Document Description Page 12

~ T061-T6 marine grade aluminum for framing and decking of the courtesy dock.

~ Ribbed decking for traction.

B. Connections

~ All welds will meet AWS D1.2/D1.2M Structural Welding Code standards. Solid homogenous jointed welds free of pits and scales. Sufficient length and area welds to properly join and provide integral structural strength.

~ All non-welded connections will be of SAE 304 stainless steel suitable for marine environments. Rubber and/or plastic washers, gaskets, or grommets will be utilized to prevent aluminum and stainless-steel contact.

C. Floatation

~ All floatation will be manufactured from polyethylene containing U.V. ray inhibitors and black pigment to protect from ultra-violent deterioration. The floatation will have a balance of characteristics to ensure toughness, rigidity, and resistance to environment stress cracks. As well as meet FDA standard in CFR 21 to prevent material from contaminating waterways.

~ Floats meet the U.S. Army Corps of Engineers warranty requirements for less than 3 lbs. /

cu. ft. of water absorption. These floats shall pass a puncture test, the "Hunt Absorption Test" and be 100% impervious to water and gasoline.

~ Floats will meet or exceed all U.S. Army Corps of Engineers requirements.

D. Decking

Max spacing of decking is 3/16”.

E. Anchorage

The dock shall have a pinned connection to a concrete anchor. The components used to connect the courtesy dock to the concrete anchor shall be designed to withstand all design loads.

F. Quality of Workmanship

The courtesy dock, as delivered, will be free from twists, bends, distortions, and open joints. The courtesy dock will be designed in a manner that when installed, courtesy dock will be free of sharp edges and burrs.

G. Warranty

The dock shall be warranted by the manufacturer to be free from defects in design, material and craftsmanship for a period of 2 years from date of delivery. If during the 2-year warranty period a defect is found, the manufacturer will provide owner with a replacement part at no cost.

If replacement part requires significant time, expertise, or tools to replace, the manufacturer will

Document Description Page 13 provide the replacement part and labor to repair dock at no cost to the owner. Warranty for damage from abuse, misuse, alteration, debris flow, fire, or Acts of God is not required.

***Please see ATTACHMENT C for the Dock Plan Set***

It is the vendor’s responsibility to check the web site for any modifications to this solicitation.

Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

This contract shall be for use by the following agency of the Commonwealth of Kentucky:

The Kentucky Department of Fish and Wildlife Resources

Paper Bids are NOT acceptable for this RFB and shall be considered nonresponsive.

ALTERNATE BRANDS/SPECIFICATIONS

Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/ specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed nonresponsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Bids that contain products/specifications that fail to meet the required brands/ specifications shall be deemed nonresponsive.

*****ADMINISTRATIVE OVERVIEW*****

NO PRIOR COMMITMENT OR OBLIGATION OF THE KDFWR

The issuance of this bid package in no way constitutes an expressed or implied commitment by the KDFWR to award a License or to pay for the costs incurred in the preparation of a response to this bid package.

The KDFWR unconditionally reserves the right to withdraw or cancel this bid package and to reject any and all offers at any time and for any reason without recourse Commonwealth confers no rights upon the Bidder nor obligates the KDFWR in any manner.

No license resulting from this bid package can be deemed valid and/or binding until properly approved and executed by the KDFWR Commissioner.

The KDFWR may waive minor irregularities or technicalities; however, such waiver shall in no way operate to modify the bid package requirements or provisions if the Bidder is awarded the License.

Document Description Page 14

ISSUING OFFICE

This bid package is being issued by the Division of Administrative Services, Kentucky Department of Fish and Wildlife Resources, on behalf of the Commonwealth of Kentucky. The only authority empowered to sign or obligate the Commonwealth is the Commissioner of the Kentucky Department of Fish and Wildlife Resources. Receipt of proposal materials by the KDFWR or submission of a proposal to the KDFWR confers no rights upon the Bidder nor obligates the KDFWR in any manner.

DUTY TO INQUIRE

Bidder, by submitting a bid, represents that it has read and understands the RFB, and that its bid is made in compliance with the RFB. Bidders should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the RFB. Failure to do so will be at the bidder’s risk. Bidder assumes responsibility for any patent ambiguity in the RFB that bidder does not bring to the KDFWR’s attention.

BIDDER REPSONSIBLE FOR BID LANGUAGE

All bids submitted shall be deemed to have been made with the full knowledge of all of the terms, conditions, provisions, specifications and requirements contained in this bid package and any addenda thereto.

Each Bidder has the responsibility of delivering his/her bid by the time and at the place prescribed in this bid package. Bids received prior to the closing for receipt of bids will remain unopened until the time scheduled for opening bids. Any bid received after the date and time specified in this bid package may be rejected and returned unopened to the Bidder.

The KDFWR shall not have any liability to a Bidder due to the failure of such bid to be properly addressed or marked, or the premature opening of such a bid due to the improper address.

Neither the bids nor their contents will be made available for public information or inspection until a determination of a successful bidder has been made and award is final.

BID PACKAGE ADDENDA

This bid package may be supplemented or amended at any time by appropriate addenda which will be mailed to all known bid package holders and will be posted to the eProcurement website.

Addenda may also be necessary after the receipt date and will be sent to all Bidders who have submitted a bid. It shall be the Bidder’s responsibility to verify all addenda prior to submittal of response by viewing https://finance.ky.gov/services/eprocurement/Pages/default.aspx

OFFER OF GRATUTIES

By submission of bid, the Bidder certifies that no elected or appointed official or employee of the Kentucky Department of Fish and Wildlife Resources has or will benefit financially or materially from this procurement.

*****PROCUREMENT RULES AND REQUIREMENTS*****

RULES OF PROCUREMENT

Document Description Page 15

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

KDFWR NOT RESPONSIBLE FOR PREPARATION COSTS

The KDFWR will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any bid.

WAIVER OF MINOR IRREGULARITIES

The KDFWR reserves the right to reject any bids and to waive informalities and minor irregularities in bids received.

BEST AND FINAL OFFERS

The KDFWR reserves the right to request a Best and Final Offer (BAFO) for bids. Bidders are cautioned to bid their best possible offers at the outset of the process, as there is no guarantee that any bidder will be allowed an opportunity to submit a BAFO.

CLARIFICATION OF BIDS

The KDFWR reserves the right to request additional information as may reasonably be required for selection, and to reject any bids for failure to provide additional information on a timely basis.

The KDFWR reserves the right to conduct discussions with any bidder who has submitted a bid to determine the bidder’s qualifications for further consideration. Discussions shall not disclose any information derived from bids submitted by other bidders.

Verbal explanations, representations, or instructions shall not be binding on the KDFWR.

Any information given to a prospective bidder concerning a solicitation shall be furnished to all prospective bidders by being posted at https://emars.ky.gov/online/vss/Advantage .

All questions and inquiries must be submitted electronically. No phone calls will be accepted, nor voicemails returned.

BIDDER RESPONSE AND PUBLIC INSPECTION

The RFB specifies the format, required information and general content of bids to be submitted.

The KDFWR will not disclose any portions of the bids prior to contract award to anyone outside of the KDFWR, except representatives of the Federal government, if required.

After a contract is awarded in whole or in part, the KDFWR shall have the right to duplicate, use, or publicly disclose all bid data submitted by bidders in response to this RFB that is not designated by the bidder as proprietary. To designate information as proprietary, the bidder shall mark each and every page it wishes to so designate with the word “Proprietary”.

CERTIFICATE OF AUTHORITY

A domestic corporation submitting a bid must be in good standing in accordance with the requirements of the Kentucky Secretary of State.

In comity with KRS 45A.480(1)(b), the KDFWR will not award a 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 unless the person produces the certificate within fourteen (14) days of the bid opening.# Foreign entities should submit a copy of their certificate with their RFB response or as soon as possible thereafter, but in no case later than fourteen (14) days after the bid opening date. 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 RFB response.

Document Description Page 16

2300000339 KDFWR - Greenup County Courtesy Dock https://emars.ky.gov/online/vss/Advantage http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF

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

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 by the KDFWR within the time frame identified above, the foreign entity’s RFB response shall be deemed nonresponsive or the awarded contract shall be cancelled.# Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx.

BIDDER’S EXCEPTION TO SPECIFICATIONS

If a bidder takes exception to any part of the specifications as set forth in this solicitation, the bidder must note and explain the exception in the Transmittal Letter included in the bid. If no exceptions are noted or set forth, the KDFWR is assured that the bidder guarantees to furnish and deliver the product as specified, at the price bid. Unless a request for their return is made within thirty (30) days of award of contract, all samples, if applicable, shall become property of the KDFWR.

BASIS OF PRICE QUOTATION/REVISIONS – PRICE FIRM FOR INITIAL PERIOD

Prices quoted or negotiated in response to this solicitation shall remain firm for initial period of the resulting contract. After the initial term of the contract, prices are subject to revision which may be either an increase or decrease. Such revisions may be requested by either of the contracting parties and must be requested in writing. The party to whom the request is presented must notify the requesting party of its decision within thirty (30) days after receipt of the request or satisfactory supporting documentation whichever occurs later. In the event the requested revision is refused, the requesting party shall have the right to decline to extend the contract for additional periods, without prejudice.

*****DEVELOPMENT OF THE BID*****

FORMAT OF THE BID

The bid MUST be arranged and labeled with tabs separating the information provided in the manner set forth below. Failure to arrange and label the submittal in this manner may result in rejection of the bid. Bidders shall set forth full, accurate, and complete information as required by the RFB.

Bids that contain a bidder’s own special terms and conditions in conflict with the terms of the RFB or any applicable Kentucky law may be rejected.

TAB 1 - TRANSMITTAL LETTER

Provide a letter on bidder’s letterhead and signed by an agent authorized to bind the offeror. If the Transmittal Letter is not signed, the bid may be deemed non-responsive. The Transmittal Letter shall include the following:

~The name, address, telephone number, fax number and email address and website address, if available, of the contact person to serve as a point of contact during the bid process.

List of all owners, board members or other individuals with a controlling interest in the company.

~A statement affirming that the offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

~Foreign entity’s organization number issued by the Kentucky Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Document Description Page 17

2300000339 KDFWR - Greenup County Courtesy Dock http://www.lrc.ky.gov/KRS/014A01/070.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx

~Subcontractor information to include name of company, address, telephone number, contact name, product/services to be provided, percentage of project to be completed by the subcontractor, and a professional reference letter for each subcontractor, if applicable.

~A statement certifying that to the best of its knowledge and belief, the bidder and/or its subcontractors or any of their Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

~A statement certifying that the prices in this bid were arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other offeror or with any competitor.

~A statement that the contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder, and will not be communicated to any such person prior to the bid opening.

~A statement that the bidder is legally eligible to enter into a contract with the KDFWR and the award of a contract shall not create any conflict of interest.

~A statement that, if awarded a contract as a result of this Solicitation, the offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by the KDFWR.

~A statement designating pages with proprietary information included, if applicable.

~A statement affirming that the offeror has the ability to meet all requirements of the RFB upon submission of the bid.

~A statement explaining any deviations or exceptions the bidder has to the requirements, terms and conditions in the RFB, if applicable.

The Transmittal Letter MUST NOT include any cost/pricing information. Cost information must only be provided in the Bid Form.

TAB 2 – SIGNED SOLICITATION AND ADDENDUM

An authorized representative of the bidder MUST complete and sign the Solicitation form (Page 1 of the Solicitation). Failure to sign shall render bid invalid.

“Vendor” box and “Remit To” box must be completed.

Vendor shall indicate ownership type and “Additional Vendor Information” Vendor shall complete “FEIN” if applicable.

Vendor shall provide date the form is completed and signed.

Signed face of most recent Addendum, if applicable, must also be included in this Tab.

TAB 3 – CERTIFICATE OF AUTHORITY

Pursuant to KRS 14A.1-070, a "foreign entity" is any corporation, not-for-profit corporation, cooperative, association, business or statutory trust, partnership, limited partnership, or limited liability company not: (a) organized pursuant to the laws of the Commonwealth of Kentucky; or

(b) as to its internal affairs, governed by the laws of the Commonwealth of Kentucky.

In this Tab, any offeror who is not a foreign entity under the definition provided in KRS 14A.1-070 shall declare that it is not a foreign entity. Any offeror meeting the definition of a foreign entity shall:

1. Provide a copy of its certificate of authority; or

2. Detail the steps taken to ensure that a certificate will be provided within the time frame below; or

3. Identify any applicable exception under KRS 14A.9-010, if the offeror believes that an exception applies.

In comity with KRS § 45A.480(1)(b), the KDFWR will not award a contract to an offeror 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 unless the offeror produces the certificate within fourteen (14) days of the bid opening.

Document Description Page 18 http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF

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 by the KDFWR within the time frame identified above, the foreign entity’s solicitation response shall be deemed nonresponsive or the awarded contract shall be cancelled. Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx.

TAB 4 - REFERENCES

Bidders must provide a minimum of three (3) references from current customers.

The following information is required for each reference:

- Customer name

- Customer address

- Contact person

- Contact person’s title

- Contact person’s phone number

- Contact person’s email address

- Sales volumes

- Description of services provided

- Reference letter (if possible)

TAB 5 – BID FORM

All cost information shall be submitted on the Bid Form attached as ATTACHMENT B. All blanks in the Bid Form shall be completed and any required support data shall be furnished.

If required in the Bid Form, sums shall be expressed in both words and numerical figures. In the case of discrepancy between the two, the amount in words shall prevail.

The authorized representative of the bidder who signed the Transmittal Letter shall initial any alteration or erasure in ink.

Cash discounts shall not be considered in making the award of the contract.

Trade discounts shall be deducted by the bidder in calculating the unit price quoted, unless otherwise stated.

Quantity discounts shall be included in the price of the item. The unit price shown on the bid form shall be the net price less the discount unless otherwise stated.

Bidders shall state a definite time for delivery of supplies or performance of services if requested, unless otherwise specified in the RFB.

In addition to including the Bid Form as Tab 5 of their bid, Bidders shall email a copy of the Bid Form as a separate attachment to FW.Solicitations@ky.gov before 12:00 pm Eastern Time on Wednesday, January 4, 2023.

*****RFB EVALUATION******

BID EVALUATION

Document Description Page 19 https://secure.kentucky.gov/sos/ftbr/welcome.aspx

The KDFWR shall conduct a comprehensive, fair, and impartial evaluation of all bids. The KDFWR may reject any bid that is incomplete or in which there are significant inconsistencies or inaccuracies. The KDFWR reserves the right to reject all bids.

Each bidder is responsible for submitting all relevant, factual and correct information with their bid.

Past bidder performance may be considered in the award of this Contract. Bidders with a record of poor performance may be found non-responsible and ineligible for award.

RESPONSIBILITY OF THE BIDDER

The KDFWR may, at any time, make a supplemental investigation of the responsibility of any bidder. This may include investigation of the bidder’s financial responsibility, capacity to produce or source of supply, performance record in the business or industry, compliance with state health rules and regulations, and any other matter related to the bidder’s probable ability to deliver in the quantity and at the time required by a contract.

If the KDFWR concludes on the basis of all available evidence that a particular bidder does not appear sufficiently responsible to assure adequate performance, the bidder’s response may be rejected.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 12 months may be found not responsible and ineligible for award.

******AWARD OF CONTRACT*****

METHOD OF AWARD

The KDFWR intends to award the contract to the lowest responsive, responsible bidder.

However, the KDFWR reserves the right to reject any or all bids in whole or in part and to waive informalities and minor irregularities in bids received based on the best interest of the KDFWR.

After determining that a bid includes all required information and data, the KDFWR will score the bid in the following manner:

Bid Scoring Criteria Points Possible

Total Cost for Courtesy Dock $_______________

Guaranteed Delivery Date, no later than _________________

Total Points Possible

*Note: Bidder must be able to guarantee a Delivery Date of August 1, 2023.

On the evaluation line for the Bid Form, the offer with the lowest total cost receives the maximum score. The offer with the next lowest total cost receives points by dividing the lowest total cost by the next lowest total cost and multiplying that percentage by the available points.

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COLLUSIVE BIDS

If it is determined in writing by the KDFWR that there are reasonable grounds to believe that bidders have agreed to restrain competitive bidding by establishing a fixed price on commodities or equipment sought to be purchased by the KDFWR, or by any other means, the bids of all such bidders shall be rejected, and the bidders barred from further bidding for a period of time considered appropriate.

a. If collusion is suspected among any bidders, a written notice of the facts giving rise to such suspicion shall be transmitted to the Attorney General.

b. All documents involved in any procurement in which collusion is suspected shall be retained by the KDFWR until the Attorney General gives notice that they may be released, and shall be made available to the Attorney General or designee upon request.

REJECTION OF ALL BID RESPONSES

If it is in the KDFWR’s best interest, as determined in writing by the Commissioner of the Kentucky Department of Fish and Wildlife Resources, an RFB may be cancelled and an RFB reissued containing the same or revised specifications, terms and conditions. If time does not permit or if an emergency exists, the KDFWR may purchase the items or nonprofessional services on a negotiated basis. The rejection of all bids and selection of the negotiated method of purchase shall be fully documented in the bid file.

AGREEMENT BETWEEN PARTIES

By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the RFB.

The KDFWR shall not be required to enter into or sign further agreements, company orders or other documents to complete the Agreement.

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this RFB.

EFFECTIVE DATE

The contractor shall not commence any billable work until a valid Contract has been fully executed. The Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

CONTRACT COMPONENTS AND ORDER OF PRECEDENCE

It is mutually agreed by and between the KDFWR and the contractor that the KDFWR’s acceptance of the offeror’s bid shall create a contract between the parties thereto containing the following:

1.Any written Agreement between the Parties;

2.Any Addenda to the RFB;

3.The RFB and all attachments hereto;

4.Any Best and Final Offer;

5.The Contractor’s bid in response to the RFB.

Document Description Page 21

In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above.

CONTRACT TERM AND RENEWAL OPTION

The initial term of the Contract shall be one year.

Upon expiration of the initial term, the contract may be renewed for period for four (4) additional one-year periods. Each extension must have the written approval of the contractor and the

KDFWR.

KDFWR reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The contractor 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 decline to renew the contract for additional periods.

CHANGES AND MODIFICATIONS TO THE CONTRACT

No modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the KDFWR and incorporated as a written amendment prior to the effective date of such modification or change. If the contractor finds at any time that existing conditions make modification in requirements necessary, they shall promptly report such matter to the KDFWR for consideration and decision. Modification shall be subject to prior approval from the Commissioner of the KDFWR or authorized designee. Memoranda of Understanding, written clarification, and/or correspondence shall not be construed as amendments to the Contract.

PROTEST

Only a Hearing Officer appointed by the Attorney General’s Office, or designee, has authority to determine protests and other controversies of actual or prospective Contractors in connection with the RFB or selection for award of a Contract.

Any actual or prospective Contractor, who is aggrieved in connection with the RFB or selection for award of a Contract, may file protest with the KDFWR Division of Administrative Services.

# A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. A bidder is presumed to have knowledge of the award of contract on the date of the email KDFWR Division of Administrative Services from advising that the contract has been awarded. Bidders who require additional information about the award of the bid or bid documents must contact Alexis Cataldo-Johnson at alexis.cataldo@ky.gov or:

Division of Administrative Services, Purchasing Branch Kentucky Department of Fish and Wildlife Resources #1 Sportman’s Lane Frankfort, KY 40601

The Hearing Officer, appointed by the Attorney General’s Office, will promptly issue a decision in writing.# A copy of that decision will be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Hearing Officer, appointed by the Attorney General’s Office, shall be final and conclusive.

ATTACHMENTS

Document Description Page 22 mailto:alexis.cataldo@ky.gov

Attachments indicated below may be downloaded by accessing the “Attachment” link found on the Solicitation Details View page where this RFB was downloaded. Once the Attachment link is accessed, select the file name you wish to download, and select the “Download Attachment” hyperlink. For assistance with downloading these attachments please contact the FDFWR Buyer.

ATTACHMENT A – Annual Affidavit and Other Affidavit(s)

ATTACHMENT B – Bid Form

ATTACHMENT C – Dock Plan Set

********END OF RFB********

Document Description Page 23

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

Affidavit Effective Date:

Affidavit Expiration Date:

Maximum Length One-Year

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 1 OF 2 FOR BIDS

AND CONTRACTS IN GENERAL:

I. Each bidder or offeror swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 45A.110 and KRS 45A.115, neither the bidder or offeror as defined in KRS45A.070(6), nor the entity which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky; and the award of a contract to the bidder or offeror or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

b. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and all subcontractors therein, are aware of the requirements and penalties outlined in KRS 45A.485; have properly disclosed all information required by this statute; and will continue to comply with such requirements for the duration of any contract awarded.

c. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139, and will remain registered for the duration of any contract awarded.

d. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding is not delinquent on any state taxes or fees owed to the Commonwealth of Kentucky and will remain in good standing for the duration of any contract awarded.

e. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade, as defined in KRS 45A.607.

f. The bidder or offeror swears and affirms that the entity bidding, and all subcontractors therein, have not violated any of the prohibitions set forth in KRS 11A.236 during the previous ten (10) years, and further pledge to abide by the restrictions set forth in such statute for the duration of the contract awarded.

g. The bidder or offeror swears and affirms that they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.

FOR “NON-BID” CONTRACTS (I.E. SOLE-SOURCE; NOT-PRACTICAL OR FEASIBLE TO BID; OR

EMERGENCY CONTRACTS, ETC):

II. Each contractor further swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 121.056, and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of any contract awarded, have contributed more than the amount specified in KRS 121.150 to the campaign of the gubernatorial slate elected in the election last preceding the date of contract award.

Document Description Page 24

Document Description Page 25

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 2 OF 2

b. In accordance with KRS 121.330(1) and (2), and if this is a non-bid contract, neither the contractor, nor officers or employees of the contractor or any entity affiliated with the contractor, nor the spouses of officers or employees of the contractor or any entity affiliated with the contractor, have knowingly contributed more than $5,000 in aggregate to the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract award.

c. In accordance with KRS 121.330(3) and (4), and if this is a non-bid contract, to the best of his/her knowledge, neither the contractor, nor any member of his/her immediate family, his/her employer, or his/her employees, or any entity affiliated with any of these entities or individuals, have directly solicited contributions in excess of $30,000 in the aggregate for the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract.

As a duly authorized representative for the bidder, offeror, or contractor, I have fully informed myself regarding the accuracy of all statements made in this affidavit, and acknowledge that the Commonwealth is reasonably relying upon these statements, in making a decision for contract award and any failure to accurately disclose such information may result in contract termination, repayment of funds and other available remedies under law. If the bidder, offeror, or contractor becomes non-compliant with any statements during the affidavit effective period, I will notify the Finance and Administration Cabinet, Office of Procurement Services immediately. I understand that the Commonwealth retains the right to request an updated affidavit at any time.

Signature Printed Name

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