Final_RFB_660_2400000376_1_SO_FORM.PDF

Document ID: RFB 660 2400000376 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: KDFWR Property Signs

Date Issued:

01/30/2024 Record Date:

01/30/2024

Solicitation Closes Date:

02/14/2024 Time:

13:30

Solicitation No:

RFB 660 2400000376

Online Bidding Prohibited: No For Information Call:

Amanda Lewis 502-892-4409

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 2400000376 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Signage for KDFWR Properties 0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

96279 Sign Making Services

Extended Description On this line, Bidders must enter $0.01 for price and zero (0) for delivery in the e-procurement system.

To do this, see attached document "How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf".

ALL actual BID PRICES and RESPONSE TIME must be entered on attached "Bid Sheet" and submitted as an attachment in the e-procurement system.

Fabricating and furnishing standard and custom signs to various KDFWR properties throughout the Commonwealth of Kentucky.

The vendor shall provide all materials, labor, and equipment necessary for signs.

Shipping Information

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 2400000376 Page: 3

Submission Checklist

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

Item Lowest price receives maximum number of points.

Best delivery days receives maximum number of points.

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 be completed online. Response must contain all required information for the Solicitation.

All bidders 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

An offer may be modified or withdrawn by electronic or written notice 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.

Document Description Page 4

2400000376 KDFWR Property Signs https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

_____ ENTER CONTACT PERSON, PHONE NUMBER AND EMAIL IN THE

COMMENTS SECTION OF THE SOLICITATION.

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH

SECRETARY OF STATE BY FOREIGN ENTITY (See Section 30)

_____ REQUIRED AFFIDAVIT(S) (See Attachment B)

_____ DELIVERY TIME (See Attached Bid Sheet)

Amanda.Lewis@ky.gov

Document Description Page 5

2400000376 KDFWR Property Signs mailto:Amanda.Lewis@ky.gov

Vendors should review and comply with the general bidding requirements listed under and 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.

The Kentucky Department of Fish and Wildlife Resources (KDFWR) issues this solicitation to establish a for: KDFWR P roperty Signs.

The resulting contract is for fabricating and furnishing standard and custom signs to various KDFWR properties throughout the Commonwealth of Kentucky.

Document Description Page 6

2400000376 KDFWR Property Signs https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The vendor shall provide all materials, labor, and equipment necessary for signs.

All sign materials shall conform to the KY Standard Specifications for Road and Bridge Construction, Current Edition, unless otherwise noted or requested.

All sign blanks shall be aluminum and shall conform to the KYTC Section 833 of the Standard Specifications. See attachment D for size and punch specifications.

A link to the KYTC Standard Specifications can be found at:

http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

All sign posts shall be Type I and conform to Section 832.

All sign blanks shall be aluminum and conform to Section 833.

All retroreflective sheeting shall conform to Section 830.

All sign designs and sign blanks shall conform to the Standard Highway Signs - FHA, 2004 Edition and the 2012 SHS Supplement to the 2004 Edition unless otherwise noted. The publications can be found at http://mutcd.fhwa.dot.gov/ser-shs_millennium.htm

All sign blank holes shall be punched by the sign manufacturer with a 3/8” hole diameter. Sign blanks for GUIDE SIGNS shall be punched for a “Universal Mount”, either a vertical or horizontal installation. Sign blanks shall conform to the “Blank Standards” section of the Standard Highway Signs – FHA, 2004 Edition.

Contrary to the Standard Highway Signs Manual, the 36”x36” Interstate Shield (M1-1) blank shall have four holes (24” apart) for a two post assembly or a single post assembly with sign bracing.

All retroreflective sheeting materials shall be fabricated and assembled in accordance with the manufacturer’s specifications and/or recommendations. All manufactured sheeting signs shall be free of visual defects including, but not limited to, scratches, cracks, tears, ridges, humps, discoloration, etc. Defective signs shall be

Document Description Page 7

2400000376 KDFWR Property Signs http://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx http://mutcd.fhwa.dot.gov/ser-shs_millennium.htm replaced at no additional cost to the Department. Multiple signs on the same assembly shall have matching sheeting colors and fabricated from the same sheeting stock. NO variations in sheeting color will be accepted. For example, two yellow warning signs on the same assembly must have the same color yellow sheeting, NOT two different shades of yellow because each sign was fabricated from a different sheeting stock.

All signs shall be fabricated using Type XI Sheeting.

Sign drawings shall be reviewed and approved by KDFWR prior to production.

No storage of materials and/or equipment will be allowed at KDFWR facilities. The Department will not pay for stockpiled signs.

KDFWR personnel will issue written Delivery Orders to the Vendor indicating the location, sign shape, sheeting type, and customization.

The Kentucky Department of Fish and Wildlife Resources’ Logo shall be included on all signs unless otherwise requested.

KDFWR may reject any sign that does not meet the requirements of the sign specifications and delivery order.

The contract established from this solicitation shall be for the initial period of from the date of award and will expire February 28, 2025.

This contract may be extended at the completion of the initial contract period for This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the KDFWR reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period.

Document Description Page 8

The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

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

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

Kentucky Department of Fish and Wildlife Resources

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.

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

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

Document Description Page 9 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.

The resulting contract shall constitute the entire agreement between the KDFWR and awarded contractor. Unless contractually provided, 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.

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

Document Description Page 10 shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

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

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.

Quotations of unit prices on this solicitation shall be The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

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.

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency.

Document Description Page 11

The KDFWR reserves the right to contract for large requirements by using a separate solicitation.

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.

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.

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

Document Description Page 12

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.

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.

All provisions of this solicitation and the provisions of FWP-110-10-00 shall be part of any resulting contract.

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.

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

Document Description Page 13 shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

All questions shall be submitted in writing by the scheduled date & time to the KDFWR buyer listed below. No questions shall be accepted after the date(s) listed unless the 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.

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 the Buyer.

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.

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.

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

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

Document Description Page 14

Amanda Lewis KDFWR Buyer Phone: 502-892-4409 Email: Amanda.Lewis@ky.gov

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.

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 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.

: 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.

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000.

Document Description Page 15 mailto:Amanda.Lewis@ky.gov

The contractor shall comply with all terms and conditions of the Act.

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.

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.

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

Document Description Page 16

2400000376 KDFWR Property Signs 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).

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://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424

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

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

Document Description Page 17

2400000376 KDFWR Property Signs 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://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

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.

Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

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.

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. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity.

The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated

Document Description Page 18 during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

Document Description Page 19

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through

(7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:

KRS Chapter 136 (CORPORATION AND UTILITY TAXES) KRS Chapter 139 (SALES AND USE TAXES) KRS Chapter 141 (INCOME TAXES) KRS Chapter 337 (WAGES AND HOURS)

Document Description Page 20

2400000376 KDFWR Property Signs https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890

KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF

EMPLOYEES)

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION) KRS Chapter 342 (WORKERS' COMPENSATION)

If applicable, the contractor represents that, pursuant to KRS 45A.607 , they are 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. The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472.

The contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded.

The contractor further represents that, pursuant to KRS 45A.328, 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.

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

Document Description Page 21

2400000376 KDFWR Property Signs https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52935 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.

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.

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

Document Description Page 22 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.

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.

Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

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.

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.

Document Description Page 23

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

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).

Thirty (30) days, after receipt of order (ARO), is the required delivery time. If a vendor meets this requirement, he or she shall not receive any points. Points are only given to the vendors who can deliver sooner than the required thirty (30) days ARO. The bidder with the lowest amount of delivery days (working days) receives the maximum score. The bidder with the next lowest amount of delivery days receives points by dividing the lowest amount of delivery days by the next lowest amount of delivery days and multiplying that percentage by the available points. For example, 5 points is allocated to the lowest amount of delivery

Document Description Page 24 days criteria for this procurement, bidder “A” bids 10 working days as the lowest bidder and receives the maximum 5 points (10 / 10 =

1.00 x 5 = 5). Assume bidder “B” is the next lowest bidder at 20 working days, then “B” receives 2.5 points (10 / 20) = .5 x 5 = 2.5).

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.

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.

(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

Document Description Page 25 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, 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.

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Annual Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. The

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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.

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

Document Description Page 27 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.

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 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.

Document Description Page 28 mailto:melissa.trent@ky.gov

Attachments indicated below may be downloaded by accessing the “Attachment” link found on the Solicitation Details View page where this RFP 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 KDFWR Buyer.

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