Final_RFB_660_2400000003_1_SO_FORM.PDF

Document ID: RFB 660 2400000003 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: KDFWR - Wilgreen Courtesy Dock/Kayak Launch

Date Issued:

07/20/2023 Record Date:

07/20/2023

Solicitation Closes Date:

08/10/2023 Time:

12:00

Solicitation No:

RFB 660 2400000003

Online Bidding Prohibited: No For Information Call:

Amy Akers 502-892-4538

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 2400000003 Page: 2

Line Items

Commodity Group: Default

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

1 KDFWR - Wilgreen Courtesy Dock/Kayak Launch

1.00000 EA

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 meet or exceed strength and durability of 6061-T6 mill finish.

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

. All cable (if required) and bolt hardware to be stainless steel.

. 2 - 20' x 8' Aluminum Floating docks . 1 - 20' x 8' Aluminum Kayak Launch . 2 - 10" Aluminum boat tie up cleats . 1 - 40'Gangway with ADA handrails and Stiff Arm (if required) are pin connection to dock and pin with bracket to connect to bulkhead on shore side.

. Courtesy dock and kayak launch designed for approximately 16" to 18" freeboard.

. 50 PSF minimum Live Load . Black Poly floatation . Aluminum Ribbed Decking . Black rubber perimeter bumper and composite fender boards.

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 thirty 30 PSF with a freeboard between 16" and 18".

Horizontal Design Loads . Courtesy dock and kayak launch shall be designed to withstand a minimum wind load of seventy-five (75) mph sustained and a ninety (90) mph three (3) second gust.

. Courtesy dock and kayak launch designed to withstand a minimum 1.25 time the kinetic energy of courtesy dock and kayak launch a vessel impact at a speed of 2 feet per second.

Special Design Loads . Courtesy dock and kayak launch designed with no more than 3" variation in freeboard per 100LF of deck under any combination of load.

. Courtesy dock and kayak launch designed to withstand vertical point load of 400lbs and maintaining freeboard and torsion requirements.

. Courtesy dock and kayak launch shall be designed to withstand wave action caused from, at a minimum, wind of seventy-five (75) mph sustained and a ninety (90) mph three (3) second gust.

Material and Construction-Substructure Aluminum . T061-T6 marine grade aluminum for framing and decking of the courtesy dock and kayak launch.

. Ribbed decking for traction. Maximum spacing 3/8".

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

Document ID: RFB 660 2400000003 Page: 3 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.

. 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.

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

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

Warranty A 2-year warranty from date of delivery.

Shipping Information Various Shipping

See Extended Description

Various KY

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 2400000003 Page: 4

Submission Checklist

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

Item Lowest price receives maximum number of points.

Delivery Time Best warranty

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

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 Service Registration Guides are provided at: https://vss.ky.gov

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).

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 system.

The following 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 39)

Document Description Page 5

2400000003 KDFWR - Wilgreen Courtesy Dock/Kayak Launch https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

_____ REQUIRED AFFIDAVIT(S) (See Attachment B)

ATTACHMENT A

Request for Bid (RFB)

For KDFWR Wilgreen Lake Courtesy Dock and Kayak Launch

RFB 660 2400000003

Issued by The Kentucky Department of Fish and Wildlife Resources

Release Date: July 20, 2023

Vendors’ Written Questions Due: July 27, 2023 by 12:00pm Commonwealth’s Response to Written Questions: August 2, 2023 by 7:00pm

CLOSING DATE AND TIME: August 10, 2023 by 12:00pm (All times referenced are Eastern Time Zone)

KY Department of Fish and Wildlife Resources Buyer:

Amy Akers

COMMONWEALTH OF KENTUCKY

THE KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES

Division of Administrative Services

#1 Sportsman’s Lane Frankfort, KY 40601

(502) 892-4538 Amy.Akers@ky.gov

Document Description Page 6 mailto:Amy.Akers@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the KDFWR conference line at 877-746-4263, Participant code 02 94 361# at 3:00pm, ET on the bid closing date.

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.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded by all line items. Vendors must bid all line items to be considered for an award.

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

The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation

Section 1 Scope of Contract The Kentucky Department of Fish and Wildlife Resources (KDFWR) issues this solicitation to establish an Award Contract for: Wilgreen Lake Courtesy Dock and Kayak Launch

Document Description Page 7

2400000003 KDFWR - Wilgreen Courtesy Dock/Kayak Launch https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Section 2 Bid Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement).

KDFWR is seeking bids to construct and deliver an aluminum courtesy dock and kayak launch for Wilgreen Lake, in Madison County, Kentucky. To be installed adjacent to the Wilgreen Lake boat ramp. The courtesy dock and kayak launch will increase convenience for boaters and kayakers utilizing the property. KDFWR will complete onsite installation.

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

Awarded bidder shall have one-hundred and twenty (120) calendar days from contract issuance to deliver all specified items enabling complete installation to 520 Wilgreen Lake Road, Richmond, KY. Delivery shall be between the hours of eight (8) o’clock am and four (4) o’clock pm Monday thru Thursday. Contractor shall contact KDFWR, a minimum of two (2) weeks prior to delivery date for delivery schedule approval.

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

Deliverables:

~ All structural aluminum to meet or exceed strength and durability of 6061-T6 mill finish.

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

~ All cable (if required) and bolt hardware to be stainless steel.

~ 2 – 20’ x 8’ Aluminum Floating docks ~ 1 – 20’ x 8’ Aluminum Kayak Launch ~ 2 – 10” Aluminum boat tie up cleats ~ 1 – 40’ Gangway with ADA handrails and Stiff Arm are pin connection to dock and pin with bracket to connect to bulkhead on shore side.

~ Courtesy dock and kayak launch designed for approximately 16” to 18” freeboard.

~ 50 PSF minimum Live Load ~ Black Poly floatation ~ Aluminum Ribbed Decking ~ Black rubber perimeter bumper and composite fender boards.

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.

Document Description Page 8

~ 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 thirty 30 PSF with a freeboard between 16” and 18”.

B. Horizontal Design Loads ~ Courtesy dock and kayak launch shall be designed to withstand a minimum wind load of seventy-five (75) mph sustained and a ninety

(90) mph three (3) second gust.

~ Courtesy dock and kayak launch designed to withstand a minimum 1.25 time the kinetic energy of courtesy dock and kayak launch a vessel impact at a speed of 2 feet per second.

C. Special Design Loads ~ Courtesy dock and kayak launch designed with no more than 3” variation in freeboard per 100LF of deck under any combination of load.

~ Courtesy dock and kayak launch designed to withstand vertical point load of 400lbs and maintaining freeboard and torsion requirements.

~ Courtesy dock and kayak launch shall be designed to withstand wave action caused from, at a minimum, wind of seventy-five (75) mph sustained and a ninety (90) mph three (3) second gust.

Material and Construction-Substructure

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

~ Ribbed decking for traction. Maximum spacing 3/8”.

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

Document Description Page 9 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. Anchorage

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

E. Quality of Workmanship

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

F. Warranty

The courtesy dock and kayak launch 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 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***

Section 3 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

Document Description Page 10

It should be noted, however, that these requested items are written around specific needs of KDFWR agencies. The KDFWR reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this solicitation will be a one-time purchase award contract.

Section 6 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The KDFWR is not bound to accept any exceptions.

Section 7 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 non-responsive.

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.

Section 8 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 9

Document Description Page 11

Acknowledgment of Addenda 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.

Section 10 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

Kentucky Department of Fish and Wildlife Resources

Section 11 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 12 Method of Award Best Value – Ranking Approach The KDFWR intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Price 90 Points

Delivery 5 Points Warranty 5 Points

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor.

A bidder shall submit one (1) response to a solicitation and shall not propose more than one (1) model/brand for each item listed in the solicitation, except for requested tier pricing. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Vendors responding with the minimum Best Value requirements in this solicitation shall not be credited with Best Value points. Vendors responding with greater than the

Document Description Page 12 minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

A. PRICE (90 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 95 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 95 points ($3.00 / $3.00 = 1.00 x 95 = 95). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 71.3 points ($3.00 / $4.00) = .75 x 95 = 71.25).

B. DELIVERY (5 points)

The bidder shall clearly state the delivery time for this procurement. Delivery time must be specific and such phrases as, “as required”, “as soon as possible”, or “prompt” have no meaning and may result in a non-responsive bid.

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.

VENDOR’S BEST DELIVERY TIME OF ___________ WORKING DAYS ARO.

A. WARRANTY (5 points) The bidder shall provide, at least, a two (2) year warranty on all products at no additional cost to the KDFWR. A copy of such warranty shall be furnished to the agency upon delivery of the equipment or product. The successful bidder will not be liable under the above warranty for any defects or damages resulting from unforeseeable causes beyond the control and without the fault or negligence of the bidder, such as misuse or neglect by the State, acts of God, fires, floods and hurricanes.

VENDOR’S BEST WARRANTY PERIOD: _______________ MONTHS.

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries.

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

Document Description Page 13

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Annual

Document Description Page 14

Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation:

Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

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 non-responsible and ineligible for award.

Section 13 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Document Description Page 15

Section 14 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the KDFWR. Any such price increase shall 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 KDFWR 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 KDFWR. Provided, however, that 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 KDFWR 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 in Paragraph A “Price Increases” as stated above.

Section 15 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The KDFWR shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the KDFWR and those indicated by the contractor, those of the KDFWR take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 16 Post Contract Agreements The resulting contract shall constitute the entire agreement between the KDFWR and awarded contractor. Unless contractually provided, State agencies utilizing this

Document Description Page 16 contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 17 Equipment Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

The KDFWR recognizes the rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of the contract, the KDFWR and the bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award contract.

Section 18 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The KDFWR is obligated to buy only that quantity needed 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.

Section 19 Manuals and Distribution of Literature Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 20 Vendor’s Report The vendor(s) may be asked to furnish the buyer KDFWR, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the

KDFWR.

Section 21 FOB Basis of Shipment – Vendor Responsible

Document Description Page 17

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

Section 22 Cancellation Clause – 30 Days Notice The KDFWR may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the KDFWR canceling the contract.

Section 23 Exception to Required Use of Contract The establishment of this Award Contract is not intended to preclude the use of similar products when requested by the agency. The KDFWR reserves the right to contract for large requirements by using a separate solicitation.

Section 24 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

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

Major deviations of services performed will not be made without the written approval of the KDFWR. Problems that arise under any aspect of performance should first be resolved between the vendor and the KDFWR. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Chief Procurement Officer of KDFWR for settlement.

Section 25 Addition or Deletion of Items or Services The KDFWR reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The KDFWR to effect this change will issue a contract Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from KDFWR referencing such items or services.

Section 26

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Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

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 solicitation. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the KDFWR.

Purchase or Sales Agreements, supplied by the bidder making an offer, in reply to the solicitation, will not be accepted. The only terms and conditions acceptable to the KDFWR are as outlined in the solicitation. Bids not conforming will be considered as non-responsive.

Section 27 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the KDFWR in writing, indicating the specific regulation which requires such alterations. The KDFWR reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 28 Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

Section 29 Inspection All supplies, equipment and services shall be subject to inspection or tests by the KDFWR 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 KDFWR shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Section 30 Inquiries All questions shall be submitted in writing by July 27, 2023 by 12:00pm to the KDFWR buyer listed below. No questions shall be accepted after the date(s) listed unless the

Document Description Page 19 question(s) is considered material to the procurement. The KDFWR shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site. https://vss.ky.gov

Sole Point of Contact – KDFWR Buyer The KDFWR Buyer listed 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 addressed to:

KDFWR Buyer:

Amy Akers

(502) 892-4538 Amy.Akers@ky.gov

Restrictions on Communications From the issue date of this solicitation until a contractor(s) is selected and the selection is announced, offerors are not allowed to communicate with any KDFWR Staff concerning this solicitation except:

-The KDFWR Buyer cited in this solicitation -Via written questions submitted to the KDFWR Buyer

Potential bidders should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential bidders and any state employee or official are not binding on the Kentucky Department of Fish and Wildlife Resources.

For violation of this provision, the KDFWR shall reserve the right to disqualify the bid/ proposal.

Section 31 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The KDFWR shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Section 32 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the KDFWR shall request the contractor to furnish evidence

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2400000003 KDFWR - Wilgreen Courtesy Dock/Kayak Launch https://vss.ky.gov mailto:Amy.Akers@ky.gov of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the KDFWR. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Contract With Other Than Manufacturer: If successful bidder is other than the manufacturer, the KDFWR will furnish a Tax Exemption Certificate with each individual order issued against this contract. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Section 33 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Section 34 Governing Law This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the KDFWR on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

Section 35 Protest Any actual or prospective Contractor, who is aggrieved in connection with the RFB or selection for award of a Contract, may file a 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 Melissa Trent at melissa.trent@ky.gov or:

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

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

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2400000003 KDFWR - Wilgreen Courtesy Dock/Kayak Launch mailto:melissa.trent@ky.gov

Contractors in connection with the RFB or selection for award of a Contract. 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.

Section 36 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at the following link:

https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

This form has to be completed and submitted, before a contract can be awarded. Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.

Section 37 Access to Records The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

Section 38 Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010:

to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https://

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2400000003 KDFWR - Wilgreen Courtesy Dock/Kayak Launch https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070: https://apps.legislature.ky.gov/law/statutes/statute.aspx?

id=50474

Businesses can register with the Secretary of State at:

https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

Section 39 Accessibility Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

Section 40 Funding Limitations If any or all responses received exceed the amount of funding available, then the Kentucky Department of Fish and Wildlife Resources, reserves the right to cancel this

RFB.

Section 41 Provisions for Termination of the Contract Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

Section 42 Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws.

Section 43 Discrimination

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2400000003 KDFWR - Wilgreen Courtesy Dock/Kayak Launch https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474 https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age.