Final_RFB_758_1900000177_1_SO_FORM.PDF

Document ID: RFB 758 1900000177 Page: 1 of 3

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: AERIAL FIRE DETECTION KY DIVISION OF FORESTRY

Date Issued:

9/7/18 Record Date:

2018-09-07

Solicitation Closes Date:

9/21/18 Time:

13:30

Solicitation No:

RFB 758 1900000177

Online Bidding Prohibited: Yes

For Information Call:

Donald Robinson 502-564-6525

Bid Receiving Location:

Finance - Office of Procurement Services Bid Clerk 702 Capitol Ave, Capitol Annex Room 095

Frankfort KY 40601

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

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 758 1900000177 Page: 2 of 3

Line Items

Commodity Group: Default Commodity Group

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

1 Aerial Detection for Southeast Region 400.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

90503 Aerial Patrolling (Not Survey)

Extended Description Aerial Detection Service for the purpose of patrolling to detect wildfires, wildfire scouting, and wildfire reconnaissance. There will be two peak periods October 1st - December 15th and February 15th - April 30th. Services could be needed outside the peak periods depending upon weather and burning conditions. In addition to detection of wildfires, if the need arises, aerial detection services may include post storm damage assessment, aerial forest health surveys to evaluate possible insect, disease, and abiotic damage, and locating commercial timber harvest operations for the purpose of Best Management Practice (BMP) monitoring. Counties in Southeast Region Flight Pattern #1: Laurel, Whitley, Knox, Bell, Harlan, Letcher, Perry, Leslie, Clay, Lincoln, Casey, Wayne, McCreary, Pulaski, Russell, Rockcastle and other counties as needed. With ample notice provided the vendor, occasionally a second aircraft and pilot will be needed to fly Flight Pattern #2. The second aircraft and pilot must meet the personnel and aircraft specifications as listed in the master agreement. Counties in Southeast Region Flight Pattern #2: Breathitt, Floyd, Jackson, Knott, Lee, Owsley, Pike, Perry and other counties as needed. NOTE: Award will be made by line item. Bidders are not required to bid both line items. Bidders may elect to bid either one or both line items.

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

2 Aerial Detection for Northeast Region 400.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

90503 Aerial Patrolling (Not Survey)

Extended Description Aerial Detection Service for the purpose of patrolling to detect wildfires, wildfire scouting, and wildfire reconnaissance. There will be two peak periods October 1st - December 15th and February 15th - April 30th. Services could be needed outside the peak periods depending upon weather and burning conditions. In addition to detection of wildfires, if the need arises, aerial detection services may include post storm damage assessment, aerial forest health surveys to evaluate possible insect, disease, and abiotic damage, and locating commercial timber harvest operations for the purpose of Best Management Practice (BMP) monitoring. Counties in Northeast Region Flight Pattern #1: Fleming, Bath, Rowan, Elliot, Lawrence, Carter, Boyd, Greenup, and Lewis and other Counties as needed. With ample notice provided the vendor, occasionally a second aircraft and pilot will be needed to fly Flight Pattern #2. The second aircraft and pilot must meet the personnel and aircraft specifications as listed in the master agreement. Counties in Northeast Region Flight Pattern #2: Estill, Johnson, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Powell, Wolfe and other counties as needed. NOTE: Award will be made by line item. Bidders are not required to bid both line items. Bidders may elect to bid either one or both line items

Shipping Information Division of Forestry - Southeast Region

154 Grand Vue Plaza

Hazard KY 41701

Billing Information Division of Forestry - Southeast Region

154 Grand Vue Plaza

Hazard KY 41701

Document ID: RFB 758 1900000177 Page: 3 of 3

Submission Checklist

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

Item The face of the solicitation must be signed Vendor submitting lowest price per flight hour will be awarded max points.

Vendor with highest yrs. experience (up to 10 years) receives max points.

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission.

If the items highlighted below are not submitted with the bid submission, the Commonwealth MUST deem the bid non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

__ FACE OF SOLICITATION – SIGNED (see Section 7)

__ BID INFORMATION – COMPLETED (see Section 9)

__ YEARS OF EXPERIENCE – ENTERED (See Section 10B)

__ REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 30)

__ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY (see Section 32)

__ REQUIRED ANNUAL AFFIDAVIT AND OTHER AFFIDAVIT(S)(See end of T & C’s)

__ EEO FORMS IF APPLICABLE (see Section 27)

Request for Bid (RFB) For

Aerial Fire Detection

RFB 758 1900000177

Issued by The Finance and Administration Cabinet

On Behalf Of Kentucky Division of Forestry

Release Date: September 7, 2018 Vendors’ Written Questions Due: September 13, 2018 12:00 Noon

Commonwealth’s Response to Written Questions: September 14, 2018 CLOSING DATE AND TIME: September 21, 2018 1:30 CDST

Document Description Page 3

1900000177 AERIAL FIRE DETECTION KY DIVISION OF FORESTRY of 32

Commonwealth Buyer:

Donald Robinson, CPPO, CPPB

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-6525 Fax: (502) 564-6013

DonE.Robinson@ky.gov

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 line item. Vendors shall bid one (1) or more line items.

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 http://eprocurement.ky.gov and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Notice to vendors:

All bidders are cautioned to be aware of security in the Capitol Annex in Frankfort. In-person or courier delivered bids/proposals in response to a Commonwealth solicitation should be delivered a minimum of thirty (30) minutes to one (1) hour earlier than the published closing date and time to allow for a security check-in. Delays due to building security checks shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged.

Document Description Page 4

1900000177 AERIAL FIRE DETECTION KY DIVISION OF FORESTRY of 32 mailto:DonE.Robinson@ky.gov http://eprocurement.ky.gov http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

Solicitation Terms and Conditions

Master Agreement

Section 1 Scope of Contract

SUMMARY

This is a request to secure aerial detection service using fixed-wing aircraft with pilot for the purpose of detecting wildfires in rural areas of Kentucky for any or all of the Kentucky Division of Forestry Regions listed below. The estimated peak periods of service will be

October 1st through December 15th, and February 15th through April 30th. Service could be needed outside the peak periods depending upon weather and burning conditions. In addition to detection of wildfires, if the need arises, aerial detection services may include post storm damage assessment, aerial forest health survey to evaluate possible insect, disease, and abiotic damage, and locating commercial timber harvest operations for the purpose of Best Management Practice (BMP) monitoring.

BASE POINT

The designated base point will be an airport approved for public use by the Kentucky Department of Transportation. Base points for each Region are listed specifically later in the Terms and Conditions.

DESCRIPTION OF SERVICE

The Vendor will be required to furnish service in accordance with terms and specifications set forth in the request for proposal. The types of service, which the Vendor will be required to perform, are restricted to:

A. Patrolling to detect wildfire B. Wildfire scouting C. Wildfire reconnaissance D. Post storm damage assessment E. Forest health surveys F. Locating commercial timber harvest operations for the purpose of Best

Management Practice (BMP) monitoring

Document Description Page 5

After initial pilot orientation (estimated fire hours) in wildfire detection, fire scouting, radio operation, GPS usage, and other special duties, the pilot shall serve as backup to the full-time aerial observer. However, on occasion, the pilot may have to perform those duties in the absence of the aerial observer. While in service for KDF, this aircraft is not to be used for flying instruction or transferring manpower or equipment. Assigned wildfire duties, post storm damage, forest health, and locating commercial timber harvest operations are the only service this aircraft must be involved in while performing under this contract. The early detection of wildfires that endanger life and property is dependent upon this service.

AVAILABILITY FOR SERVICE

The aircraft and the pilot shall be available for flight at the designated time when properly notified by the Regional Forester or their representative. During the peak period, October

1st through December 15th and February 15th through April 30th, the Vendor will be advised by the Regional Forester or their delegated representative of the expected need for service at least four days in advance for the first flight during the peak periods. If the aircraft and/or pilot are not available then it is the vendor’s responsibility to secure a replacement. At this time, the plane, radio, and other required equipment will by inspected by the Regional Forester or their representative for compliance and to ascertain that everything is ready for service. Once daily flights are started, the Vendor will be advised by close of business (usually 4:30 p.m.) if aerial services are needed for the next day, and at what time. Forest fire weather conditions and forecasted weather will determine level of activity. During the months of the year falling outside the peak periods as much advance notice, as possible will be given. The time of service will be agreed upon by the agency and the Vendor.

PERSONNEL AND AIRCRAFT SPECIFICATIONS

The Vendor shall provide a qualified pilot. The pilot must have a current first or second class medical certificate and commercial pilot or higher airman's certificate. Both certificates must be on their person for inspection by the Regional Forester or their representative. The Division of Forestry through its Regional Forester may reject any pilot or aircraft, which are determined to be unsatisfactory, and both must be subject to inspection by the Kentucky Division of Forestry upon request. In case of a question regarding the aircraft or pilot capability of their grievances, the Vendor, Regional Forester, and Fire Chief must jointly consult.

Aircraft used under contract shall be properly licensed and meet all applicable federal and state regulations. The aircraft must be equipped with Aeronautical VHF-FM Radio Transceiver (FM). The transceiver shall operate from 136 to 174 MHz, permit the operator

Document Description Page 6 to program any usable frequency within that band while in flight, provide operator selection of wide-band (25 kHz bandwidth/5 kHz modulation), narrow-band (12.5 kHz bandwidth/2.5 kHz modulation) and P25 digital operation by channel for MAIN and AIR GUARD operation. Transceivers shall be set to operate in the narrowband mode (typically indicated with a lower case “n”) unless local requirements dictate otherwise. Carrier output power shall be 6 to 10 watts nominal. The transceiver shall be capable of displaying receiver and transmitter operating frequency. Transceivers shall provide both receiver and transmitter activation indicators for MAIN and AIR GUARD. Simultaneous monitoring of both MAIN and AIR GUARD (168.6250 MHz) is required. Scanning of AIR GUARD is not acceptable. AIR GUARD communications may only be used for: Emergencies; initial call; recall; and redirection. A CTCSS sub-audible tone encoder with a minimum of 32 standards selectable tones, meeting the current TIA/EIA-603 standard, shall interface with the above transceiver. The encoder shall encode a 110.9 Hz tone on all AIR GUARD transmissions. The transceiver’s operational controls shall be mounted in a location that is convenient to both PIC and SIC/observer. Aircraft having two or more Aeronautical VHF- FM Radio Transceivers (FM-1 & FM-2) need only have an AIR GUARD receiver in one transceiver.

The Vendor must have or have access to an equivalent alternate aircraft and pilot in case the primary pilot or aircraft cannot function for any reason.

Aircraft specifications:

SOUTHEAST AND NORTHEAST REGIONS - The aircraft is to be a High Wing Monoplane, Cessna 182 or equivalent engine horsepower and physical size or better.

If a substitute aircraft is needed, the Regional Forester or their representative must approve the type of aircraft. The Vendor must provide or have access to sufficient ground crews, mechanics, fueling, and servicing units. The Vendor shall be responsible for all operating supplies. Time for refueling, servicing, and repairing will be at the Vendor's expense. The Division of Forestry will pay only for actual flying time.

The aircraft to be used under this contract shall meet all regulations of the Federal Aviation Administration and the Civil Aeronautics Board. The Regional Forester may at any time make tests and inspections, as they deem necessary to determine that the Vendor is meeting specifications and expected normal operating procedures. Any deficiencies disclosed should constitute sufficient cause for issuance of a notice (in writing) to the Vendor that the service was found to be deficient and will not be considered as being available until corrected.

ADMINISTRATION

Document Description Page 7

The Regional Forester and the Division of Forestry to ensure the Vendor is satisfying the requirements of the contract will administer the contract on the ground. The final responsibility for all decisions to be made in this contract will rest with the Kentucky Division of Forestry in consultation with the Energy and Environment Cabinet, Office of Administrative Services. The pilot in command is responsible for safety requirements in order to protect life and health and to prevent damage in the performance of this contract.

The Vendor will use due diligence in preventing accidents and comply with federal and state laws and regulations.

BILLING

Billing for the flight will be from the time the agency aerial observer is picked up at the designated airport until returned to the same airport. Billing will not include any time incurred by the Vendor to travel to or from the vendor’s location and the designated regional airport. In cases where there are no KDF personnel present on the flight, the pilot will contact the Regional Office Dispatch via a KDF supplied radio to log the start and end times. Billing will not include any time incurred by the Vendor to travel to or from the Vendor’s location and the Region’s designated flight route. Billing shall be in tenth hour increments.

LIABILITIES

The Commonwealth of Kentucky shall not be liable for any loss of or damage to equipment or property owned or operated by the Vendor, their agents, or employees, or for the injury or death of the same. The Vendor will indemnify and hold Commonwealth of Kentucky;

its Departments, Agencies, Officers, Servants, and Employees free and harmless from any and all claims, demands, damages, actions, costs, and charges of every description and nature. The Vendor is required to carry liability insurance and workers compensation insurance on all person's piloting the aircraft.

CONTRACT PERIOD

The contract will be effective from October 1, 2018 through September 30, 2019 with 4 one year renewals. The contract is subject to termination upon 30 day written notification by the Division of Forestry, when such is in the interest of the Commonwealth of Kentucky.

FINANCIAL CONDITIONS

Payment for services will be processed biweekly (every two weeks) for the cumulative flights for the period indicated by the Vendor's invoice. The invoice must show date, daily flight time (hours and tenths), and Vendors signature. The invoice must be submitted to the

Document Description Page 8 appropriate regional office for payment processing. The exact times in and out of service must be reported daily to the Regional Forester or their designee by radio or phone.

FAILURE TO PERFORM WHEN SPECIFIED

By acceptance of this agreement, the successful bidder agrees to credit the Division of Forestry for each hour of delay during operable weather conditions for which service was requested but not performed. The credit shall be at the same hourly rate as established.

DESIGNATED REGIONAL BASE POINTS

Listed below are the counties for the two designated regions. Flight patterns within a region may vary due to weather conditions and need. Counties covered during a flight may or may not include all of the counties listed for a region. Flight patterns may also have to be adjusted to cover aerial detection needs from adjoining regions; however the pickup airport will remain the same for that region regardless of the aerial detection needs on that day.

Kentucky Division of Forestry, SOUTHEAST REGION 154 Combs Lane, Hazard, KY 41701, Phone: (606) 435-6073 Designated Airport: Wendell H. Ford Airport, Hazard, Kentucky Contact: Morgan Combs – Regional Forester

Counties in Southeast Region Flight Pattern #1: Laurel, Whitley, Knox, Bell, Harlan, Letcher, Perry, Leslie, Clay, Lincoln, Casey, Wayne, McCreary, Pulaski, Russell, Rockcastle and other counties as needed.

With ample notice provided the vendor, occasionally a second aircraft and pilot will be needed to fly Flight Pattern #2. The second aircraft and pilot must meet the personnel and aircraft specifications as listed in the master agreement.

Counties in Southeast Region Flight Pattern #2: Breathitt, Floyd, Jackson, Knott, Lee, Owsley, Pike, Perry and other counties as needed.

Kentucky Division of Forestry, NORTHEAST REGION 255 Rodburn Hollow Road, Morehead, KY 40351, Phone: (606) 783-8625 Designated Airport: Morehead-Rowan County Airport, Morehead, Kentucky Contact: Ed McNeal – Regional Forester

Counties in Northeast Region Flight Pattern #1: Fleming, Bath, Rowan, Elliot, Lawrence, Carter, Boyd, Greenup, and Lewis and other Counties as needed.

With ample notice provided the vendor, occasionally a second aircraft and pilot will be needed to fly Flight Pattern #2. The second aircraft and pilot must meet the personnel and aircraft specifications as listed in the master agreement.

Document Description Page 9

Counties in Northeast Region Flight Pattern #2: Estill, Johnson, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Powell, Wolfe and other counties as needed.

Section 2 General This solicitation specifies requested services. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

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

Section 3 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year beginning October 1, 2018 and expiring September 30, 2019.

Section 4 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four

(4) additional one-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/ or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 5 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 Commonwealth is not bound to accept any exceptions.

Section 6 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/

Document Description Page 10 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 7 Signing Solicitation The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

Section 8 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky: Kentucky Division of Forestry.

Section 9 Solicitation Submission Requirements Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the bidder. Any response not under sealed cover shall be rejected.

Document Description Page 11

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

BID CLERK

COMMONWEALTH OF KENTUCKY

OFFICE OF PROCUREMENT SERVICES

702 Capitol Avenue

Capitol Annex, Room 095

FRANKFORT KY 40601

The outside cover of the package containing the Bid Response, at a minimum, shall be marked with:

Aerial Fire Detection

RFB 758-1900000177

NAME OF VENDOR SUBMITTING RESPONSE

DATE AND TIME OF BID OPENING

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFB and shall be considered non-responsive.

Section 10 Method of Award Best Value – Ranking Approach The Commonwealth 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.

Document Description Page 12

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: Lowest price per flight hour 98 Points

Experience: 2 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. VENDOR SHALL ENTER DISCOUNT PERCENTAGE ON THE BID SHEET. If adequate space is not available, the vendor must attach additional information that clearly cross-references the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.).

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.

A. PRICE (98 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, 98 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $200.00 as the lowest bidder and receives the maximum 98 points ($100.00 / $100.00 = 1.00 x 98 = 98. Assume bidder “B” is the next lowest bidder at $125.00, then “B” receives 80 points ($100.00 / $125.00) = .80 x 98 = 78.4).

B. EXPERIENCE (2 points)

Five (5) years experience is the minimum requirement for this criteria. Points are only given to bidders who exceed the five (5) year requirement. The bidder with the greatest number of years experience (not to exceed 10 years for evaluation

Document Description Page 13 purposes) receives the maximum number of points. The bidder with the next largest number of years experience, receives points by dividing the next largest number of years experience by the largest number of years experience and multiplying that percentage by the available points. For example, 2 points is allocated to the largest number of years experience, over five (5) years, for this procurement, bidder “A” bids 10 years as the bidder with the largest number of years experience and receives the maximum of 2 points (10 / 10 = 1.00 x 2 = 2). Assume bidder “B” is the bidder with the next largest number of years experience at 8 years, then “B” receives 1.6 points (8 / 10) = .8 x 2 = 1.6).

Vendor should enter number of years experience: ______________ years

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 (KAR 200 5:410).

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.

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.

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(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 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

Document Description Page 15 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 11 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 12 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 Commonwealth. 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 Office of Procurement Services 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 Office of Procurement

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Services. 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 Office of Procurement Services 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 13 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 Commonwealth of Kentucky 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 Commonwealth and those indicated by the contractor, those of the Commonwealth 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 14 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this 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 15 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 State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements

Document Description Page 17 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 16 Cancellation Clause – 30 Days Notice The Commonwealth 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 Office of Procurement Services canceling the contract.

Section 17 Exception to Required Use of Contract The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 18 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 Office of Procurement Services. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement.

Section 19 Addition or Deletion of Items or Services The Office of Procurement Services reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The Office of Procurement Services 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 any agency referencing such items or services.

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Section 20 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 Office of Procurement Services.

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 Commonwealth of Kentucky are as outlined in the solicitation. Bids not conforming will be considered as non-responsive.

Section 21 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 Office of Procurement Services in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 22 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 services or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

Section 23 Inspection All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are

Document Description Page 19 defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Section 24 Inquiries All questions shall be submitted in writing via E-Mail by September 13, 2018 12:00 Noon to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth 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.

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

Commonwealth Buyer Donald Robinson, CPPO, CPPB

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-6525 Fax: (502) 564-1434

DonE.Robinson@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 Commonwealth Staff concerning this solicitation except:

# The Commonwealth Buyer cited in this solicitation # Via written questions submitted to the Commonwealth 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

Document Description Page 20 mailto:DonE.Robinson@ky.gov

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

Section 25 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 Commonwealth 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 26 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 Office of Procurement Services 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 Office of Procurement Services.

Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Section 27 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.

Section 28 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 Commonwealth 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.

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Section 29 Protest Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. 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. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

William M. Landrum III, Secretary

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken. The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

Section 30 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 this web-link as Attachment 5:

In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes:

“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.”

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Section 31 Access to Records The contractor, as defined in KRS 45A.030 (9) 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 contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 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.

Section 32 Registration with the Secretary of State…