Final_RFB_758_2300000703_1_SO_FORM.PDF

Document ID: RFB 758 2300000703 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Waste Tire Amnesty

Date Issued:

04/28/2023 Record Date:

04/28/2023

Solicitation Closes Date:

05/12/2023 Time:

13:30

Solicitation No:

RFB 758 2300000703

Online Bidding Prohibited: No For Information Call:

Daniel Salvato 502-564-5862

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

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 2300000703 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Passenger Tire Collection Events 0.00000 TON

Comm Code Comm Description Manufacturer Model # Manuf Part #

96284 Tire Shredding and Disposal Services

Extended Description Waste Tire Removal- Passenger Tire Equivalents (PTE) Removal and management of passenger tires at waste tire collection events

2 Heavy Equipment Tire 0.00000 TON

Extended Description Waste Tire Removal - Heavy Equipment Tire Removal and management of heavy equipment tires at waste tire collection events or abandoned tire sites

3 Passenger Tire Waste Tire Sites/Off Sites 0.00000 TON

Extended Description Cleanup of passenger tires at abandoned waste tire sites or off sites

Shipping Information Division of Waste Management

300 Sower Blvd, 2nd Floor

Frankfort KY 40601

Billing Information Division of Waste Management

300 Sower Blvd, 2nd Floor

Frankfort KY 40601

Document ID: RFB 758 2300000703 Page: 3

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/eProcurement/ResourcesSupport/How%20to%20Respond %20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self %20Service.pdf

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 4

2300000703 Waste Tire Amnesty https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService 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 end of Terms and Conditions or https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required %20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

_____EEO FORMS IF APPLICABLE (see Section 34)

_____ INSURANCE REQUIREMENTS (see Section 47)

_____ VERIFICATION OF REGISTRATION WITH THE ENERGY AND

ENVIRONMENT CABINET (see Section 2)

Document Description Page 5

2300000703 Waste Tire Amnesty

Request for Bid (RFB)

For Waste Tire Amnesty

RFB 758 2300000703

Issued by

The Finance and Administration Cabinet On Behalf Of

Division for Waste Management

Release Date: April 28, 2023 Vendors’ Written Questions Due: May 3, 2023 at 10 AM ET

Commonwealth’s Response to Written Questions: May 4, 2023 CLOSING DATE AND TIME: May 12, 2023 at 1:30 PM ET

Commonwealth Buyer:

DANIEL SALVATO CPPB, KCPM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 564-5862 Daniel.salvato@ky.gov

Document Description Page 6

BID READINGS

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 as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Document Description Page 7 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Solicitation Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish up to three (3) Master Agreements for: Waste tire removal for tires collected through the Waste Tire Management Program.

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

Background The Waste Tire Program was first created in 1990 by the Kentucky General Assembly for the purpose of collecting waste tires and finding a use for them. The program has evolved to Waste Tire Amnesties and developing markets for these waste tires.

Kentucky has focused primarily on Tire Derived Fuel (TDF) and ground rubber applications. Kentucky reuses about 95% of its waste tires compared to about 89% nationally. Currently, Kentucky sends approximately 70% of the waste tires it generates to the TDF market and approximately 17% to the ground rubber market.

Eliminating the use of waste tires in landfill applications will allocate more waste tires into higher value markets and stimulate market development for waste tires, which is a mandate of the Division of Waste Management (DWM) under the Waste Tire Program.

Quantities are not guaranteed. While it is impossible to forecast the number of tires that will be generated through this effort; the previous cycle total was 2,081,064 PTE for the one hundred and twenty (120) counties included in the initial scope of this contract.

There is potential for offsite accumulations to appear across the Commonwealth that will need to be addressed on an individual basis. Those numbers are undetermined;

however, the previous three year cycle yielded 243,400 PTE.

Heavy equipment tires with beads that exceed an inch and three quarter (1-3/4”) may be generated through this effort as well.

Jefferson and Fayette Counties operate separate amnesties, but may be included under the scope of this contract; provided the selected state contractor under the Master Agreement is used at the rates negotiated within the Master Agreement.

Document Description Page 8

A. Definitions “ADD” means Area Development District.

“DWM” or “Division” means the Division of Waste Management.

“Large Equipment Tires” means tires with beads that exceed 1 ¾” in diameter.

“PTE” means Passenger Tire Equivalent.

B. Scope of Work / Services Required The contractor will manage, remove, transport and process waste tires generated through Waste Tire Collection Events which are generally scheduled for Thursday, Friday and Saturday from designated central staging area(s). The tentative schedule of event weekends and central staging area locations will be made available to the Contractor after the contract is awarded.

Collection programs will accept passenger and light truck, truck, and agricultural equipment tires. For the purpose of this contract, Large Equipment Tires will be addressed separately. It is the sole discretion of the DWM to decide which tires will be accepted during the term of this contract.

DWM is particularly concerned that all waste tires be removed from central staging areas as expeditiously as possible. After the scheduled collection dates, pick up MAY be required from alternate staging locations, within the Area Development District that is being serviced.. This may occur only if the county has accumulated more than 1,500

PTE.

Waste tires will become the property of the Contractor once removed from the staging areas. However, eligible bids must identify secured markets with the capacity and intention of consuming the entire volume of waste tires generated by this project.

DWM reserves the right to approve end-use markets. End use markets do not include storage or disposal in a landfill except as otherwise permitted in this Solicitation. During the term of this contract no waste tires generated by this project will be approved for landfill disposal or for use in landfill construction applications, unless an exception is made by DWM, based upon circumstances warranting the use or disposal in a landfill.

The restriction on landfill construction applications applies to any landfill use, including but not limited to, leachate fields, liner protection and alternate daily cover. DWM recognizes such utilization as a legitimate re-use of waste tires, but it is not a high value use.

The estimated number of Passenger Tire and Heavy Equipment tires to be removed is 23,244.64 tons. The tonnage of tires is not guaranteed and may be reduced based on available state funds. The tentative schedule will be provided at least two weeks prior to the beginning of the first collection event in each region.

The contractor shall be permitted to store on site (state or county property) equipment needed to conduct the scheduled tire collection event within the time set forth. If all tires have been removed from the central staging area within the specified 10-calendar day time frame, no liquidated damages will be assessed.

Document Description Page 9

C. Subcontractors Subcontractors may be utilized, but their activities must conform to the contractor’s identified plan. However, DWM assumes no responsibility for payments to or actions of these subcontractors. DWM will work only with the contractor. All payments shall be made to the contractor. It is the contractor’s responsibility to pay their sub-contractors.

Bidders must submit a list of subcontractors to be used on the contract. DWM must approve all subcontractors prior to the award of the contract.

D. Deliverables The contractor shall:

Have sufficient, functioning equipment, machinery, transport ability, and man-power, capable of loading and removing 100 tons or more of waste tires per day. All tires must be removed from the staging areas and delivered to an approved final destination other than long term storage.

Remove all waste tires from central staging areas in each county, as well as from special staging areas identified by state program administrators, and deliver them as an on-specification material to a beneficial end-use market(s).

Be at the central staging area with equipment, truck and personnel no later than 8:00 A.M. or start time of event each day during scheduled collection events to load and remove waste tires as they are accepted from the public.

Be obligated to load waste tires during the scheduled collection event hours unless agreed upon by both state and county officials. Participating county personnel may assist but shall not be obligated to segregate waste tires for the convenience of the Contractor. The responsibility of segregating waste tires shall be that of the Contractor.

Load and remove all waste tires from the central staging area within 10 calendar days of the final scheduled day of operation (Saturday) for any county program that generates a volume of up to 650 tons of waste tires at the central staging area.

In the event one county program generates in excess of 650 tons of waste tires at their central staging area (first staging area), the contractor must be prepared to remove 50 tons of tires daily from the first central staging area after the 10 day deadline while concurrently removing 50 tons of tires a day from the central staging area in the next county.

The Contractor must agree to provide reports and/or assistance in compiling information as required satisfying DWM reporting requirements.

The Contractor must have equipment and a crew present at the central staging areas in each county no later than 8:00 A.M. to collect and load tires during collection day operating hours. The contractor must have all equipment and personnel necessary to complete the project and must not expect or rely on the use of any state or county

Document Description Page 10 equipment or personnel. If the Contractor is unable to manage the waste tires with Contractor’s on site equipment the Contractor agrees to reimburse DWM for fees incurred for utilizing any state or other entity’s equipment. This cost will be deducted from invoices submitted for payment. Operating hours are generally from 8:00 A.M. to 5:00 P.M. Thursday through Saturday, but the contractor shall accept any modification in the Counties’ desired operating hours.

The Contractor shall be permitted to leave equipment on site at the central staging area until all tires have been removed.

The Contractor must be prepared to remove 100 tons of waste tires per day from central staging areas and special staging areas.

All tires must be removed from staging areas and delivered to an approved final destination other than long-term storage. This may be accomplished in a number of ways, including: removing tires whole from the areas, processing, then delivering to an end-user; or, removing and delivering whole tires to an end-user. The Contractor must identify the percentage of material received at each transfer or processing site that is disposed of rather than sold as the identified beneficial end use products.

The Contractor must deal with the ENTIRE inventory of tires in their “as is” condition.

Segregated tire piles fall under the “as is” condition. Rim removal is the Contractor’s responsibility.

The Contractor must be prepared to load and transport tires from special staging areas identified within each county. Special staging areas will contain a minimum of 1,500 PTE, and the tires will be aggregated and available for recovery in a location that will be accessible by tractor-trailer.

The Contractor shall, at its own expense, at all time keep premises free from accumulation of debris and waste material generated incident to operations.

Upon completion of work, the Contractor shall remove its tools and equipment, and leave the premises in a neat and clean condition.

DWM reserves the right to visit and inspect sites at all times. Inspections shall include the right to monitor all tire removal, processing, cleanup activity and any associated project activities.

E. Reporting Requirements

The Contractor must agree to provide reports and/or assistance in compiling information as required by the DWM reporting requirements.

F. Payment and Invoicing Requirements Payment will not be made for any work performed prior to the scheduled event dates.

Document Description Page 11

No payments to the Contractor will be authorized until receipted, invoiced delivery of tire material(s) to an approved end-use market has been accomplished.

DWM reserves the right to approve end-use markets. For the purposes of this contract no tonnage of waste tires generated by this project will be approved for use in landfill construction applications. For other markets, shipment or delivery must not occur before the first scheduled collection weekend.

The Contractor will be paid a per-ton-rate for the net weight of waste tires recovered from the collection program. The net weight can be established in one of two ways as follows:

Pre-established tare weights The Contractor shall, at their expense, have all tractors and trailers that will be utilized in the collection program weighed empty at a certified scale approved by DWM.

Contractors are not required to have their vehicle tare weights reweighed specifically for an award resulting from this Solicitation. Previously established weights are acceptable.

The contractor is simply required to submit a list of the tare weights for all trucks that may be used to fulfill the resulting contract. Tare weights must be provided before the first scheduled collection date. DWM reserves the right to weigh the Contractors equipment at our scales, or contract scales, to verify the Contractors stated weight. (The DWM shall pay for verification weights.) The operator of the certified scale will provide identification numbers and empty weights to the DWM.

Each load of tires recovered from collection events must be accompanied by a Waste Tire Load Manifest (Manifest) that shall include the identification numbers of the tractor and trailer. The sum of their empty weights will represent the tare weight. Fully loaded tractor trailers leaving the collection sites shall go directly to the nearest scale certified for commercial trade by the KY Department of Agriculture to record a gross weight.

Any variation from this established procedure must be approved by the DWM. The tare weight from the Manifest will be subtracted from the gross weight from the certified scale to yield the net weight for payment. Contractor shall notify DWM which scale will be used prior to obtaining the tare weight. If the scale is approved, DWM will provide contractor with written approval.

In some instances scales have not been available to the contractor when required.

In order to prevent logistical problems, DWM will allow a contractor to use any scale they desire as long as it is certified by an independent third party. Contractors will be required to pay for the weighing of trucks and should factor that cost into their bid.

The Contractor shall be responsible for initiating the contract and providing payment directly to the scale company for this service. The weight tickets and manifests must accompany invoices submitted for payment as documentation of load weights.

Gross-in Tare-out weights

Document Description Page 12

If the contractor is taking loads from collection event staging areas directly to a third party end-use market or processor, DWM may, upon prior written approval, accept the third party’s scale service if it is certified for trade, has at least an 80,000-lb. capacity and the scale service agrees to:

Generate a weight ticket that reflects the scale company name; the truck and trailer unit numbers; the gross, tare and net load weights; and, the signature of the scale operator;

Provide a copy of the weight ticket to truck drivers with Kentucky Waste Tire Load Manifests;

Retain and provide copies of weight tickets to the DWM upon request

Payments to the Contractor shall be made in one payment for tires recovered and delivered to end use markets for each county program. This includes the central staging area and any special staging areas within a given county. No partial payments for any one county program will be made. Payment will be made upon certification by state officials that all tires in reference to a county’s collection program have been recovered;

and, submittal by the Contractor of a payment invoice, stipulating the total amount due.

Invoices shall itemize the tons of tires removed from the central staging area and each special staging area.

Payment invoices for waste tires delivered directly to markets approved by DWM must be accompanied by the following:

Manifests that include identification numbers and net weights as established by one of the two methods described earlier in this section and approved by DWM; and, Delivery tickets for each load as described in the Technical Specifications section.

A clear summary of the quantity of waste tires received, processed and sent to identified end use markets for each processing site receiving tire materials from the collection program. DWM reserves the right to cancel the contract if the quantity of material landfilled indicates that the waste tires are not being substantially used constructively per Contractor’s response in DWM’s opinion.

G. Penalties Should the Contractor fail to remove at least 650 tons of waste tires from the central staging area by the end of the specified 10-day time frame, the Contractor agrees to pay the owner (DWM) liquidated damages of $500.00 per calendar day to defray costs associated with managing waste tires.

H. Performance Bond The successful Contractor must provide a Performance Bond in the amount of $100,000 to the Finance and Administration Cabinet’s Office of Procurement Services seven (7) days prior to the start date of the contract.

Document Description Page 13

I. Invoicing Requirements The Contractor or Contractor’s Staff shall at time of loading complete a delivery ticket (copies to be sent to DWM with payment invoices and manifests) upon the delivery of each shipment of tire material recovered from this project to any destination. The delivery ticket must contain the following information:

Purchase Order Number;

Company’s Name;

Date of Delivery;

Quantity of weight delivered; and

Signature of receipting authority of the approved final destination.

Delivery Tickets, Manifests, and other appropriate documentation must accompany payment invoices (described in Method of Payment section) and be mailed to the Division of Waste Management, Recycling Assistance Section, 300 Sower Boulevard, 1st Floor, Frankfort, Kentucky 40601.

A properly completed and signed “Waste Tire Load Manifest” shall accompany each truckload of waste tires leaving any staging area. Failure to follow Manifest protocol shall result in NO PAYMENT. A copy of this manifest and instructions are attached to this solicitation.

DWM reserves the right to reduce net payment weights to reflect contamination contained in truck trailers or tires.

J. Waste Tire Load Manifest and Distribution of Copies A properly completed and signed “Waste Tire Load Manifest” shall accompany each truckload of waste tires leaving any staging area.

The Contractor or Contractor’s staff shall complete at time of loading the top portion (Tare Weight) of the manifest with tractor and trailer number and their tare weights before any truckload leaves any staging area.

The Contractor shall have the manifest signed and dated by either a state Department for Environmental Protection or Department of Highways representative before leaving the staging area.

The state representative signing the manifest will retain the back (goldenrod) copy of the manifest.

Document Description Page 14

The contractor’s truck and trailer leaving the collection sites shall proceed directly to the nearest scale certified for commercial trade by the KY Department of Agriculture to record a gross weight any variation from this established procedure must be approved by the DWM. The driver shall present the manifest to the scale service for completion of the middle portion (Gross Load Weight) of the manifest and signature by the scale representative. The driver shall also obtain a scale ticket to accompany the manifest.

The driver shall leave the pink copy of the manifest with the scale service for their records.

The contractor shall complete the bottom portion (End Load Weight) of the manifest and have it signed and dated by a representative of the receiver of the material.

The contractor shall include the original top (white) copy of the manifest with its Invoice to the Division of Waste Management along with accompanying scale tickets.

The contractor may retain the second (yellow) copy of the manifest for its records.

The contractor shall have all trucks weighed at an independent third party certified scale that is certified for commercial trade by the KY Department of Agriculture at their own expense and provide a copy of the weight ticket as well as the manifest as described in the method of payment section.

Duties of properly completing the State Issued Manifest are the sole responsibility of the Contractor. Failure to follow Load Manifest procedures will result in no payment.

K. Program Description County Waste Tire Management Program

The following is for reference only. This describes the current County Waste Tire Management Program.

As established by a Waste Tire Agreement, counties shall

Develop and administer programs to assist private citizens, individual farmers and eligible small businesses to dispose of unwanted waste tires, Be responsible for promoting their program, Recover and stage waste tires, Greet participants at the gate during event weekends, Distribute educational materials, Assist program participants to unload their waste tires and, Local officials at collection sites will be responsible for monitoring the eligibility of program participants.

All program participants will be provided information on the correct management of waste tires and the hazards associated with the mismanagement of waste tires.

Document Description Page 15

Participants will also be provided information describing their responsibility for managing and disposing of any future accumulations of waste tires.

Counties shall identify accumulations of waste tires too large or difficult to access that may be included in the scope of county management programs, on or before the specified deadline. Counties shall prepare a report detailing the property owner’s name, site location, directions, size and number of accumulations of waste tires that the counties wish to include in the collection program to be abated.

The state will Establish price contracts with waste tire Contractors, Contract with the manager of a designated certified scale to certify load weights, Pay Contractors based on the net weight of tires delivered to approve end markets, Inventory tire piles too large or difficult to access to be included in the scope of county management programs and contract for their abatement as a separate initiative and, Provide counties with educational materials for distribution and sample program promotional materials.

Program Administration The County Judge Executive shall appoint a project coordinator (Coordinator) to promote and administer their county’s program. The Coordinator will be the county’s primary contact with the State Program Coordinator (SPC) who will be designated by the Division of Waste Management in Frankfort. A project facilitator to assist the counties with planning operations will be solicited from within the group of counties.

This assistance will include scheduling, hosting and facilitating a planning meeting with Coordinators, the SPC and the Contractor.

Promotion The county, as part of the Waste Tire Program, should enlist sponsorship from the County Extension Agent, Farm Bureau and County Health Department. Each of these entities has a vested interest in resolving the unmanaged waste tire program and regularly have concerns brought to their attention by their constituents and the general public. Their participation will bring broad-based support to the program and ensure widespread participation.

The collection program will be promoted as an opportunity for private citizens and farmers to dispose of unwanted waste tires free of charge. Promotions must stipulate that waste tires will not be accepted from agricultural tire retailers and motor vehicle tire retailers. Small businesses such as service stations that generate less than 5% of their gross income from the retail sale of motor vehicle tires will be allowed to participate.

Program specifics should be advertised via local newspapers, radio stations and television, church bulletins, etc. Promotional messages should include educational segments about the fire and health risks associated with the improper management of waste tires, and an advisory to consumers stipulating that current generation waste tires should be left with retailers to ensure proper disposal. All citizens should be encouraged to participate.

Document Description Page 16

Operations The state Department of Highways (DOH) will be participating in this initiative by hosting collection programs at state DOH facilities where possible. DOH facilities are preferred as central staging areas because DOH supervisors are available to certify full loads for contractors. In the event the state DOH facility is not available, the county must designate one central staging area where the collection event waste tires can be accumulated. Central staging areas should be secure sites in order to deter arson, vandals, open dumping and after hour tire dumping by ineligible parties.

Counties may need to assist elderly or disabled citizens, and citizens with large numbers of tires, to participate in the program. Citizens requiring assistance with waste tire accumulations should be encouraged to contact their Coordinator for a site inspection.

If there are 1,500 to 5,000 passenger tire equivalents (PTE’s) on site, and they are easily accessible by tractor-trailer, the Coordinator may ask the SPC to designate the site a special staging area. The Contractor will service this type of special staging area as well. Contractors typically utilize either a box trailer or convey tires into open top trailers with the capacity to hold 1,500 PTE’s. Therefore, each special staging area must have a minimum of 1,500 PTE’s and all tires must be staged and readily accessible by tractor-trailer.

If a citizen has less than 1,500 PTEs, the Coordinator will arrange to have the tires moved to the central staging area. If the site contains more than 5,000 PTE’s and/or the tires will be difficult to access, the Coordinator should contact the SPC (on or before specified date) and request a field inspection. If the site does not qualify as a special staging area, the Coordinator will include the site on their report due on or before the specified deadline. The SPC may include the site on an inventory of piles to be abated through separate contract when funds are available.

Please note the following requirements:

Bidders must have all equipment and personnel necessary to complete the project and must not expect to rely on the use of any state or county equipment or personnel.

Bidder shall reimburse the state for cost of equipment and personnel if the DWM representative feels that these additional resources are required because Bidder’s equipment is not managing the waste tires appropriately during the scheduled collection event.

DWM and the Finance and Administration Cabinet’s Office of Procurement Services reserve the right to reject any and all proposals whose previous work history reflects failures to meet contract performance requirements.

DWM and the Finance and Administration Cabinet’s Office of Procurement Services reserve the right to reject proposals from bidders with letters of warning, outstanding violations, citations for environmental standard infractions, or record of operation permit

Document Description Page 17 revocations with the Energy and Environmental Cabinet or with records of similar infractions in other states. By submitting a bid the vendor agrees that no issues exist as stated.

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 from June 15, 2023 through May

31st of 2025.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four

(4) additional two-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 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.

Document Description Page 18

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:

Division of Waste Management

Extending the Contract Use to Other Agencies The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other State agencies requiring the product(s) or service(s).

Section 12

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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 95 Points

Years in Business 5 Points

TOTAL POINTS 100 Points

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

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

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

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

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B. EXPERIENCE (5 points) Five (5) years experience is the minimum requirement for this criteria. Bidders shall submit verification prior to award for the number of years providing security services to facilities similar in size and scope of the solicitation. Documentation verifying the years of business should be submitted with the solicitation response. Verification documentation may include such items as Articles of Incorporation, Secretary of State Registration, Certificate of Assumed Name filed with the County Clerk, Business or Financial Records showing proof of purchase of business/company.

The bidder with the greatest number of years experience (not to exceed 50 years for evaluation 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, 5 points is allocated to the largest number of years experience, over ten (10) years, for this procurement, bidder “A” bids 20 years as the bidder with the largest number of years experience and receives the maximum of 5 points (20 / 20 = 1.00 x 5 = 5). Assume bidder “B” is the bidder with the next largest number of years experience at 15 years, then “B” receives 3.75 points (15 / 20) = .75 x 5 = 3.75).

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

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(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 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

Document Description Page 22 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 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

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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 17 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor.