Final_RFB_758_2100000663_1_SO_FORM.PDF

Document ID: RFB 758 2100000663 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Mattresses & Bed Bases

Date Issued:

6/14/21 Record Date:

2021-06-14

Solicitation Closes Date:

7/1/21 Time:

13:30

Solicitation No:

RFB 758 2100000663

Online Bidding Prohibited: No

For Information Call:

Carrie Willard 502-564-6515

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:

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 758 2100000663 Page: 2

Line Items

Commodity Group: Group 1: Kentucky State Parks

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

1 60" x 80" x 12" Queen Mattress 0.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

42068 Mattresses and Bedsprings (Incl. Fillers) (See Class 410 for

Extended Description Queen Mattress - 60" x 80" x 12"h Queen size two sided mattress, innerspring: 800 14 3/4 gauge, continuous coil wire unit (coil density of approx 800), 9 gauge border wire, posturized center third, perimeter edge foam encasement, head to toe helicals. quilted panel; (1) layer of pillo fill plus, fire blocker, 7/8" zoned convoluted foam, 1" quilting foam, patented advanced comfort quilt. upholstery; 1" poly foam, fire blocker insulator pad.

Serta Suite Dreams or approved equal.

2 60" x 80" x 7-1/2" Queen Box Spring 0.00000 EA

Queen Box Spring - 60" x 80" x 7-1/2"h quadruple beam frame standard four layers of kiln-dried lumber, approx 7-1/4"h, v shaped construction, 9 gauge wire, 3 gauge border wire, stable support from edge-to-edge, 10 year non-prorated warranty against manufacturer's defects.

3 6" Queen Linwood Bed Base 0.00000 EA

6" Queen Linwood Bed Base - accommodates 60"x80" box springs and mattress; Height 6" as specified. Laminated woodgrain finish on industrial fiber board panels. Dark brown finish.

Leggett & Platt item# Q-17 or approved equal.

Document ID: RFB 758 2100000663 Page: 3

4 10" Queen Linwood Bed Base 0.00000 EA

10" Queen Linwood Bed Base - accommodates 60"x80" box springs and mattress; Height 10" as specified. Laminated woodgrain finish on industrial fiber board panels. Dark brown finish.

Leggett & Platt item# Q-17 or approved equal.

5 76" x 80" x 12" King Mattress 0.00000 EA

King mattress - 76" x 80" x 12"h King size two sided mattress, innerspring: 800 14 3/4 gauge, continuous coil wire unit (coil density of approx 992), 9 gauge border wire, posturized center third, perimeter edge foam encasement, head to toe helicals. quilted panel; (1) layer of pillo fill plus, fire blocker, 7/8" zoned convoluted foam, 1" quilting foam, patented advanced comfort quilt. upholstery; 1" poly foam, fire blocker insulator pad.

6 76" x 80" x 7-1/2" King Box Spring 0.00000 EA

King Box Spring - 76" x 80" x 7-1/2"h quadruple beam frame standard four layers of kiln-dried lumber, approx 7-1/4"h, v shaped construction, 9 gauge wire, 3 gauge border wire, stable support from edge-to-edge, 10 year non-prorated warranty against manufacturer's defects.

Document ID: RFB 758 2100000663 Page: 4

7 6" King Linwood Bed Base 0.00000 EA

King Linwood Bed Base: accommodates 76"x80" box springs and mattress; Height 6" as specified. Laminated woodgrain finish on industrial fiber board panels. Dark brown finish.

Leggett & Platt item# K-17 or approved equal.

8 10" King Linwood Bed Base 0.00000 EA

King Linwood Bed Base: accommodates 76"x80" box springs and mattress; Height 10" as specified. Laminated woodgrain finish on industrial fiber board panels. Dark brown finish.

Leggett & Platt item# K-17 or approved equal.

Commodity Group: Group 2: Justice

1 36x80x7 Twin Innerspring Mattress 0.00000 EA

36x80x7 Twin innerspring foam encased mattress

Premium quality 1.8lb ultra firm foam. Foam must have the CertiPUR-US certification for low VOC.

Meet 16CFR Part 1633 flammability test.

Construction shall be a four corner box construction (no envelope construction), Inverted seam construction using nylon thread. Fabric shall be sewn together in such a manner as to leave no break in uniformity and finish. Inverted seam shall be sewn around the entire mattress. Top and bottom section shall be made on one full width of fabric with no seams. Seams must be located halfway down the depth of the mattress in order to prevent fluid absorption into the mattress. Seams shall be sealed seam strength in excess of 50lbs per inch.

No tape edge, un-sealed seams, zippers or Velcro anywhere on the mattress.

Document ID: RFB 758 2100000663 Page: 5

Each unit shall be covered in a wipe clean, non-fading, non-bleeding 210 denier oxford nylon fabric with a polyurethane coating that imparts water-proofing (durable water repellant that causes the fluid to bead up on the mattress rather that wet the fabric), anti-bacterial and anti-fungal qualities. Fabric weight no less than 4oz per square yard, polyurethane coating no less than 1oz per square yard - assembled with the polyurethane coating facing inward and the breathable fabric facing outward - pinhole free. Must be resistant to all bodily fluids, water, oil, bed bugs and head lice. Fabric must be impact and abrasion resistant.

2 36x80x7 Twin Simmons collegiate Mattress 0.00000 EA

36x80x7 Twin Simmons foam collegiate mattress

Premium quality 1.8lb ultra firm foam. Foam must have the CertiPUR-US certification for low VOC.

Meet 16CFR Part 1633 flammability test.

Construction shall be a four corner box construction (no envelope construction), Inverted seam construction using nylon thread. Fabric shall be sewn together in such a manner as to leave no break in uniformity and finish. Inverted seam shall be sewn around the entire mattress. Top and bottom section shall be made on one full width of fabric with no seams. Seams must be located halfway down the depth of the mattress in order to prevent fluid absorption into the mattress. Seams shall be sealed seam strength in excess of 50lbs per inch.

No tape edge, un-sealed seams, zippers or Velcro anywhere on the mattress.

Each unit shall be covered in a wipe clean, non-fading, non-bleeding 210 denier oxford nylon fabric with a polyurethane coating that imparts water-proofing (durable water repellant that causes the fluid to bead up on the mattress rather that wet the fabric), anti-bacterial and anti-fungal qualities. Fabric weight no less than 4oz per square yard, polyurethane coating no less than 1oz per square yard - assembled with the polyurethane coating facing inward and the breathable fabric facing outward - pinhole free. Must be resistant to all bodily fluids, water, oil, bed bugs and head lice. Fabric must be impact and abrasion resistant.

Commodity Group: Group 3: Education

1 38x80 Twin XL Foam Mattress 0.00000 EA

38x80 Twin XL Foam Mattress

Fire resistant

Bed bug resistant (inverted seams, no taped edges)

Fluid resistant

Easy to clean mattress cover, preferably one with a zippered seam to allow it to be removed for washing.

Document ID: RFB 758 2100000663 Page: 6

Commodity Group: Group 4: Kentucky State Police

1 38x80 Antiviral and Antimicrobial Twin XL Mattress

0.00000 EA

38x80 Antiviral and Antimicrobial Twin XL Mattress

Mattresses must contain copper infused components to be Antiviral and Antimicrobial.

Commodity Group: Group 5: Mattress Disposal

1 Mattress Disposal 0.00000 EA

Disposal of existing mattress and springs (upon agency request).

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 758 2100000663 Page: 7

Submission Checklist

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

Item

ELECTRONIC BID SUBMISSION

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

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

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

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

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://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

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

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

Document Description Page 8

2100000663 Mattresses & Bed Bases https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx mailto:Finance.CRCGroup@ky.gov

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 37)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY (see Section 39)

_____REQUIRED AFFIDAVIT(S) (see Attachment A)

_____EEO FORMS IF APPLICABLE (see Section 34)

Document Description Page 9

Request for Bid (RFB)

For Mattresses & Bed Bases

RFB 758 2100000663

Issued by The Finance and Administration Cabinet

On Behalf Of All State Agencies

Release Date: June 14, 2021

Vendors’ Written Questions Due: June 18, 2021 Commonwealth’s Response to Written Questions: June 22, 2021

Closing Date and Time: July 1, 2021

Commonwealth Buyer:

Carrie Willard

Commonwealth of Kentucky Finance and Administration Cabinet

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-6515 Carrie.willard@ky.gov

Document Description Page 10 mailto:stephanier.williams@mail.state.ky.us

PUBLIC BID READINGS HAVE BEEN TEMPORARILY SUSPENDED

As Governor Andy Beshear has declared a state of emergency due to the public health emergency related to the COVID-19 disease, we are committed to providing a safe environment for our staff and visitors. Therefore, we have temporarily suspended public bid readings in the Office of Procurement Services (OPS).

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Participant Code 44510, at 3:30pm, ET on the bid closing date.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

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

This Contract shall be awarded by Group. Vendors shall bid one (1) or more groups.

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

Document Description Page 11 http://eprocurement.ky.gov

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish a Master Agreement for: Mattresses & Bed Bases

Section 2 Bid Specifications

All state agencies shall be eligible to use the Master Agreement resulting from this solicitation.

All vendors shall bid on Group 5, although it will be up to the ordering agency as to whether they assume responsibility for the removal of existing mattresses and springs.

Delivery and Setup Delivery/setup of mattresses, box springs, and bed bases will need to be coordinated with the facility manager at each location.

Parking a semi-trailer may be necessary; the location must be approved and coordinated at least two weeks in advance with the facility manager.

The Contractor’s employees are expected to act in a professional manner when encountered by students, residents, staff, and visitors of the various facilities.

Crating and packaging materials are to be disposed of by the vendor, unless otherwise indicated by ordering agency.

General Product Specifications All products bid shall:

Meet or exceed all federal and Kentucky flammability standards.

Ensure dimensional stability will not crack.

Meet all regulations for non-residential mattresses.

Group 1

- For a complete list of parks addresses click here (complete list of resort parks/addresses/maps).

Document Description Page 12

2100000663 Mattresses & Bed Bases https://parks.ky.gov/maps?wbc_purpose=basic&WBCMODE= https://parks.ky.gov/maps?wbc_purpose=basic&WBCMODE=

For orders specific to Kentucky State Parks; mattresses, box springs, and bed bases shall need to be delivered to each room area or level unless otherwise indicated by the park manager.

Parks will be responsible for setting the mattresses in place in each room. All work shall be performed Monday - Thursdays (not on Friday, Saturday, or Sunday unless special exception by the park manager).

A state park employee must accompany contractor into accommodations, which are occupied/rented by guests.

Group 2

- For orders specific to Justice units shall be covered in a wipe clean, non-fading, non-bleeding 210 denier oxford nylon fabric with a polyurethane coating that imparts water-proofing (durable water repellant that causes the fluid to bead up on the mattress rather that wet the fabric), anti-bacterial and anti-fungal qualities. Fabric weight no less than 4 oz per sq yd, polyurethane coating no less than 1 oz per sq yd -assembled with the polyurethane coating facing inward and the breathable fabric facing outward - pinhole free. Must be resistant to all bodily fluids, water, oil, bed bugs and head lice.

Fabric must be impact and abrasion resistant.

Inverted seam construction using nylon thread - fabric shall be sewn together in such a manner as to leave no break in uniformity and finish - inverted seam shall be sewn around the entire mattress -top and bottom section shall be made on one full width of fabric with no seams - seams must be located halfway down the depth of the mattress in order to prevent fluid absorption into the mattress -seams shall be sealed - seam strength in excess of 50lbs per inch.

Construction shall be a four corner box construction - no envelope construction.

There shall be no tape edge, un-sealed seams, zippers or Velcro anywhere on the mattress to eliminate nesting sites for bed bugs.

Premium quality 1.8lb ultra firm foam - foam must have the CertiPUR-US certification for low VOC.

Provide full warranty information including length, how executed especially with regard to life expectancy, method for determining manufacturing defects versus negligence, misuse or abuse and explain how the manufacturer handles replacements of defective or damaged items.

Group 3

- For orders specific to Education each unit shall include an easy to clean mattress cover with a zippered seam to allow for laundering.

Document Description Page 13

Shall be fluid resistant and bed bug resistant with inverted seams, and no taped edges.

Group 4

- For orders specific to Kentucky State Police mattresses must contain copper infused components to be Antiviral and Antimicrobial.

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

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

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 5 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year from the date of award.

Section 6 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 7 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

Document Description Page 14 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 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/ specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

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

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

Section 11 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

All State Agencies

Political Subdivisions

Document Description Page 15

Under Kentucky Statutes, political subdivisions of this State including cities of all classes, counties, and school districts may participate in All State Agency Master Agreements to the same extent as agencies of the Commonwealth.

Section 12 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 13 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.

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 per Group (Groups 1-4) 100 Points

Price for Group 5 10 Points Delivery 5 Points Warranty 5 Points

TOTAL POINTS 120 Points

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

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

Vendors responding with the minimum Best Value requirements in this solicitation shall not be credited with Best Value points. Vendors responding with greater than the minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

A. PRICE per GROUP (100 points)

Document Description Page 16

The bidder with the lowest Price per Group receives the maximum score. The bidder with the next lowest Price per Group receives points by dividing the lowest Price per Group by the next lowest price per Group and multiplying that percentage by the available points. For example, 100 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 100 points ($3.00 / $3.00 = 1.00 x 100 = 100). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 75 points ($3.00 / $4.00) = .75 x 100 = 75).

B. PRICE for GROUP 5 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, 10 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 10 points ($3.00 / $3.00 = 1.00 x 10 = 10). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 7.5 points ($3.00 / $4.00) = .75 x 10 = 7.5).

C. DELIVERY (5 points) The bidder shall clearly state the delivery time for this procurement. Delivery time must be specific and such phrases as, “as required”, “as soon as possible”, or “prompt” have no meaning and may result in a non-responsive bid. The 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 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).

The vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the vendor’s invoice for each day the vendor fails to meet the contracted delivery date.

VENDOR’S BEST DELIVERY TIME IN WORKING DAYS ARO

Document Description Page 17

D. WARRANTY (5 points) The bidder with the longest warranty period will receive the maximum points.

The bidder with the next longest warranty receives points by dividing the next longest warranty by the longest warranty and multiplying that percentage by the available points. For example, 5 points is allocated to the longest warranty for this procurement, bidder “A” bids 24 months as the bidder with the longest warranty and receives the maximum of 5 points (24 / 24 = 1.00 x 5 = 5). Assume bidder “B” is the bidder with the next longest warranty at 12 months, then “B” receives 2.5 points (12 /

24) = .5 x 5 = 2.5).

Vendor should enter best warranty period: _________ months

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

(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.

Document Description Page 18

(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 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.

Document Description Page 19

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

Section 15 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 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 16 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

Document Description Page 20 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 17 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 18 Equipment Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

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

Section 19 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 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 20 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, 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

Document Description Page 21 contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services.

Section 21 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 22 Cancellation Clause – 30 Days Notice The 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 23 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 24 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

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

Major deviations of services performed will not be made without the written approval of the 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 25 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

Document Description Page 22 such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

Section 26 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 27 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the 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 28 Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

Section 29 Inspection All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Document Description Page 23

Section 30 Inquiries All questions shall be submitted in writing by 4:30 PM ET on Friday, June 18, 2021 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.

(SUBMIT QUESTIONS ON ATTACHMENT E – VENDORS’ QUESTION FORM)

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), concerning this procurement shall be addressed to:

Commonwealth Buyer Carrie Willard

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 564-6515 Carrie.willard@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 Commonwealth of Kentucky.

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

Section 31 Subcontracts

Document Description Page 24

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 32 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the 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.

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

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

Section 34 Governing Law This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the 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.

Section 35 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

Document Description Page 25 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:

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

Section 37 Access to Records The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly

Document Description Page 26 pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

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

to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010:

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

https://apps.legislature.ky.gov/law/statutes/statute.aspx…