Final_RFB_758_2500000293_1_SO_FORM.PDF

Document ID: RFB 758 2500000293 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Fresh Bread Delivery

Date Issued:

11/22/2024 Record Date:

11/22/2024

Solicitation Closes Date:

12/12/2024 Time:

13:30

Solicitation No:

RFB 758 2500000293

Online Bidding Prohibited: No For Information Call:

Lisa Perry 502-564-0983

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 2500000293 Page: 2

Line Items

Commodity Group: Default

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

1 Fresh Bread Delivery 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

38506 Bread

Extended Description Fresh Bread Delivery

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 758 2500000293 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. A separate Bid Sheet is attached and must be included with the response.

Bidders MUST enter $.01 in the Unit Price field as the electronic bid. This is the ONLY pricing that is to be entered electronically. All actual pricing must be on the Bid Sheet.

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.

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) 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)

Document Phase Document Description Page 4

2500000293 Final Fresh Bread Delivery Total Pages: 27 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond%20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond%20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf mailto:Finance.CRCGroup@ky.gov https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

Request for Bid (RFB)

For Fresh Bread Delivery

RFB 758 2500000293

Issued by

The Finance and Administration Cabinet On Behalf Of

All State Agencies

Release Date: November 22, 2024 Vendors’ Written Questions Due: December 3, 2024 10:00 AM

Commonwealth’s Response to Written Questions: December 4, 2024 CLOSING DATE AND TIME: December 12, 2024 1:30 PM

Commonwealth Buyer:

Lisa Perry

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 564-0983 LisaK.Perry@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Conference ID number 240522005, and Participant Code 33957, 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 Region. Vendors shall bid one (1) or more Regions.

Document Phase Document Description Page 5 mailto:LisaK.Perry@ky.gov

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.

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish Master Agreements for:

Fresh Bread Delivery.

It is the intention of the Commonwealth to award the number of Contracts necessary to ensure the needs of the Commonwealth are meet. All awards shall be made in accordance with the Best Value Criteria found in Section 13 Method of Award of this Solicitation.

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

The successful vendor(s) shall supply a full line of bread products to those State Agencies listed at the end of the clauses. The agencies have been broken down by regions. If a vendor bids on a region, they must service all of those agencies (facilities) in that region with no additional charges borne by the Commonwealth.

VENDOR’S MINIMUM QUALIFICATIONS:

In order for a vendor to be considered as a qualified and responsive bidder, such bidder must be able to substantiate their experiences and proven ability to provide the products and services requested herein to other similar clients.

The Commonwealth reserves the right to inspect the vendor’s facilities prior to the award of any contracts from this Solicitation.

SPECIFICATIONS FOR BREAD PRODUCTS:

I. General Requirements:

A. All products must be a high-quality product and must conform to the regulations established by Kentucky Statutes as well as those of the Food and Drug Administration.

B. Bread deliveries must be made in the vendor’s clean delivery trucks and handled with care by uniformed personnel

C. All bread (bakery) products shall be delivered to state agencies at a proper temperature.

D. All bread (bakery) products shall be packaged in clean bags that are free from tears or objectionable odors. They shall not show signs of being crushed or of any other

Document Phase Document Description Page 6 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 abuse. They must be well sealed and completely and clearly identified using acceptable imprinted identification.

E. All products shall be free of odors, flavors and/or colors foreign to the applicable product.

F. All products, processing and labeling must conform to the provisions of the Federal Food, Drug and Cosmetic Act.

G. The successful bidder(s) must present their key to code markings of all packages to the agencies immediately after receipt of a contract.

H. All products shall be delivered no later than 48 hours after baking (preferably within 24 hours.)

II. Nutritional Standards for Bread (Bakery) Products

A. Enriched bread, rolls and buns or other bakery products to which vitamins and minerals have been added shall conform to the definitions and standards promulgated by the Food and Drug Administration as they appear in the Congressional Federal Register 21, Part

B. The word “bread” when used in the name of the food means the unit weighs one-half pound or more after cooling. 21CFR136.3

C. The word “rolls” and “buns” when used in the name of the food means the unit weighs less than one-half pound after cooling. 21CFR136.3

D. Bread, white bread, rolls, white rolls, or buns and white buns are the foods produced by baking mixed yeast-leavened dough prepared from flour and one or more moistening ingredients such as water, milk or other dairy products, egg products or nutritive carbohydrate sweeteners and one or more leavening agents such as yeast. 21CFR136.110

E. Whole wheat bread, rolls and buns are made with whole wheat flour, bromated whole wheat flour, or a combination of the two. 21CFR136 Section 180. Each of the ingredients used shall be declared on the label as required by the applicable sections of 21CFR136, Sections 101 and 130. All ingredients from which the food is made shall be safe and suitable.

F. Each loaf of bread made or offered for sale whether or not the bread is wrapped or sliced shall conform to the following weights and maximum pan sizes. All measurements are bottom outside pan sizes in inches.

1 lb (16 oz) Open Top – 4 x 9 ½ x 3 ¼ depth 1 lb (16 oz) Sandwich – 3 7/8 x 10 ¾ x 4 depth 1 ¼ lb (20 oz) Open Top – 4 1/8 x 11 ¾ x 3 ¼ depth 1 ¼ lb (20 oz) Sandwich – 3 7/8 x 12 ¾ x 4 depth 2 lbs (32 oz) Sandwich – 4 ½ x 15 7/8 x 4 ½ depth

G. The term loaf shall mean a loaf which is baked in a pan or rectangular shape with either straight up or flair sides and either with or without a cover.

H. The standard sizes do not apply to loaves of rye, french, or vienna style bread unless they are baked in a loaf which simulates a standard size.

A vendor’s account representative shall be assigned for each contract issued from this Solicitation. The account representative should have some prior food service experience so that they will better understand the agencies needs. The Commonwealth would expect to

Document Phase Document Description Page 7 communicate with this account representative at each facility at least weekly as well as expect a four-hour response time Monday through Friday, 8:00 a.m. to 4:30 p.m., if they are needed. The account representative will provide the following services:

1) Weekly processing of all orders via phone, fax or pick-up.

2) Weekly communication with the Commonwealth’s representative to discuss any shortages.

3) At the beginning of the contract(s), to conduct monthly meetings with the

Commonwealth’s personnel to discuss areas of concern on an as needed basis. After the contract(s) have been active for several months, these meetings can be conducted on a quarterly basis.

4) Maintain and update the catalog and review with and distribute them to the different facilities on an on-going basis.

5) Handle the Commonwealth’s complaints and inquiries about various products.

6) Issue credit memos and arrange for the return of mis-shipped or deficient products.

7) Coordinate rebate programs with the Commonwealth’s representatives.

8) Research and make recommendations through the Office of Procurement Services for any product changes to better meet the Commonwealth’s needs.

9) Oversee the entire operation to help maintain a smooth and efficient relationship between the Commonwealth and the vendor.

10) Resolve any problems with the order/delivery schedule.

Assignment of Contract:

Any Master Agreement issued from this Solicitation and any amounts to be paid thereunder, shall not be transferred, sublet or assigned without the prior approval of the Office of Procurement Services. Likewise, no facility may be dropped from the established routes without the approval of the Office of Procurement Services. In order to drop a scheduled stop, the vendor must provide ample reason as to why this needs to occur. It will be up to the Buyer in the Office of Procurement Services to allow or disallow this request. In the event that the Buyer does allow the stop to be dropped, the vendor must deliver bread (bakery) products to this location until such time that a new contract can be issued or another vendor can pick up this location.

Telephone Ordering Number:

A telephone number will be provided for each location to make orders up to a certain number of days in advance. This will be part of the method of award/evaluation criteria. In the past there have been issues with agencies being able to contact their delivery driver or ordering representative. This is a means to end the issue with additions to the order due to changes after the previous delivery. All locations will be given a phone number that may be called during normal business hours to add or delete from their order. The number of hours/days for a cutoff for ordering shall be provided on the Bid Sheet.

The vendor should provide a toll-free telephone number for the Commonwealth’s personnel to use in contacting the vendor’s account representative.

ORDERING CONDITIONS:

Shortages:

The vendor’s account representative shall contact the agency representative by the agreed upon add/cut cutoff, to discuss any shortages to the next scheduled delivery and any substitutions that need to be made to the delivery. Substitutions shall not be made without the prior approval of the agency’s representative.

Credits/Returns:

Within seven (7) days of the receipt of a deficient or incorrect product, the Commonwealth will contact the vendor’s account representative who will arrange for the pick-up and credit of the product. The Commonwealth will hold the product at the proper temperature and will make every effort to return the product in its original packaging. The Commonwealth will try to give a 1-2 day notice for those items with a short shelf-life for pick-up as soon as possible.

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Restocking Charges:

There shall not be a restocking charge for items that are ordered in error if the items are regular stock items for the vendor. The Commonwealth will monitor any chronic deterioration of this process and act upon any problems.

Delivery Schedule:

The vendor will provide deliveries of products to each agency on the days and at the times specified by the requesting facility.

Delivery Amount:

There shall be no extra charge to the Commonwealth for any delivery made directly to a unit if the order meets or exceeds the minimum delivery order value. The Commonwealth will monitor any chronic deterioration in the order delivery schedule and act upon the problem. The Commonwealth will exercise reasonable judgement when placing small orders and will make every attempt to place full orders each time.

Delivery Failure:

If the vendor fails to deliver an order, the vendor will take corrective action by either making a special delivery to the facility or by arranging for delivery by another vendor. The vendor shall incur any extra cost difference between the price of the originally ordered items and the price of the alternate vendor. This delivery will be made within 24 hours of the original delivery day. The vendor will provide any overtime pay incurred by any of the Commonwealth’s employees if a late delivery occurs.

Delivery Procedures:

The vendor shall deliver individual orders labeled and invoiced by account to locations on large orders. The loading of the truck and the palletizing of each order should be separated by each facility or location. All products shall be maintained at their proper temperature throughout their staging, loading, transport and delivery.

All of the vendor’s facilities and delivery vehicles must conform with local, state, and federal rules and regulations regarding sanitation and are subject to inspection by the Commonwealth or other officials at the discretion of the Office of Procurement Services.

The vendor’s driver shall deliver products to the designated area on the inside of the units building and facility personnel shall be responsible for unloading all products.

At the time of delivery, a designated Commonwealth employee will sign the invoice. This signature will only indicate that the order has been received but will not indicate that the invoice has been reconciled to the actual items delivered. This reconciliation will occur that same day and any deviations will be reported to the vendor’s account representative who will then issue credit memos for any incorrect charge and arrange for the return of mis-shipped or deficient products.

At no time are the deliverymen (routemen) to drop off whatever is left in their delivery truck as substitutions for what the facility actually ordered. If this occurs, and the facility accepts the items, the facility will only pay the amount of the ordered item and not that of the substituted item if the ordered item’s cost was less than that of the substituted item. The deliverymen are not to deliver items ordered by state facilities to other stops on their route. These items shall be held for the facility that ordered that product.

Proprietary and Special Order Items:

Whenever possible, the Commonwealth will use a product already stocked by the vendor but reserves the right to request the vendor stock or special order other items. The vendor agrees to do so at the discretion of the Commonwealth.

The Commonwealth defines a “proprietary item” as an item the Commonwealth expects the vendor to purchase and keep in stock so that it may be ordered as needed. A “Special Order Item” is an item requested for a one-time purchase. The vendor purchases the product and within

Document Phase Document Description Page 9 a short period of time, the Commonwealth will order all of the product, reducing the vendor’s inventory by the full amount ordered.

Ordering:

The Commonwealth will notify the vendor one (1) month in advance of the need for a proprietary or special order item and will indicate the amount needed for the initial purchase and the estimated monthly usage for proprietary items. The vendor shall inform the agency representative of the minimum order amount the vendor can place before ordering a proprietary item. The vendor must keep the Commonwealth informed of inventory levels of the items and should not reorder additional quantities of proprietary items without prior approval from the Commonwealth.

There shall be no minimum usage per month in order to stock a proprietary item. The Commonwealth will notify the vendor whenever a proprietary item is no longer needed. At that time, or in the event that the Master Agreement(s) would be cancelled, the Commonwealth agrees to purchase all proprietary and special order items that the vendor has purchased at that time. The Commonwealth will attempt to notify the vendor of special situations that may cause unusual or excessive movement of products.

Pricing:

There shall be no extra charges for the buying and storing of proprietary or special order items by the vendor.

Services:

The vendor is required to keep their vendor information current. If the vendor’s place of business has moved, if the federal tax identification number for the contract has changed or if the contact person’s name on the contract has changed, it is the vendor’s responsibility to notify the buyer in the Office of Procurement Services so that the contract information can be kept current.

Invoices:

An itemized invoice will accompany each order. The invoice should contain the facility name and account number, the product name, the quantity ordered, the unit cost, and the extended totals. The vendor shall submit a monthly statement for verification with delivery invoices.

Authorized substitutions shall be noted on invoices. (Authorized substitutions are those that have been approved by the facility prior to delivery). Statements shall be submitted monthly on the vendor’s company form. The statement shall show the Contract number, the quantity purchased during the month, the unit price and the proper extended totals. In addition, a delivery ticket shall be submitted with each delivery. The ticket shall show the contract number, item number, quantity, unit prices and extended totals. The authorized representative or his/her designee shall receive all items delivered. The agency shall not be liable for any item delivered which is not received by those employees.

Payments:

The using agencies are required to pay the amount that is listed on the Contract at the time of order. If a modification with a price increase has been created after orders have been received from the agencies, the Commonwealth is only obligated to pay the lower amount.

Agency personnel will audit all invoices to make sure they are paying the correct price. The Commonwealth reserves the right to reject incorrect invoices or to adjust the invoice amounts to what is actually owed.

Kentucky Production of Bread Products Reporting:

The vendor shall provide quarterly reporting of the percentage of bread products produced in the Commonwealth of Kentucky to the Office of Procurement services along with a detailed report stating the production amounts by each production facility. This percentage shall include production facilities only and not distribution centers located in the Commonwealth.

Substantiation for each location shall be provided and the Commonwealth reserves the right to inspect each facility throughout the life of any ensuing contract. This shall be in addition to any other reporting requirements listed in the terms and conditions.

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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 two (2) additional four-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.

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

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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

Political Subdivisions 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 90 Points

Add/Cut Schedule 5 Points Minimum Order 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. VENDOR SHALL ENTER UNIT PRICE AND TOTAL

PRICE ON THE BID SHEET ONLY.

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.

PRICE (90 points)

Document Phase Document Description Page 12 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

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

ADD/CUT SCHEDULE (5 points)

The bidder shall clearly state the Add/Cut Schedule before the day of delivery for this procurement. Add/Cut time must be in hours and a phone number shall be provided. Failure to provide may result in a non-responsive bid. The bidder with the lowest hours receives the maximum score. The bidder with the next lowest hours receives points by dividing the lowest hours by the next lowest hours and multiplying that percentage by the available points. For example, 5 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids 24 hours as the lowest bidder and receives the maximum 5 points (24 / 24 = 1.00 x 5 = 5). Assume bidder “B” is the next lowest bidder at 36, then “B” receives 3.33 points (24/36) = .66 x 5 = 3.33).

MINIMUM ORDER (5 points)

The bidder shall clearly state the minimum order for this procurement. Failure to provide may result in a non-responsive bid. The bidder with the lowest minimum order receives the maximum score. The bidder with the next lowest minimum order receives points by dividing the lowest minimum order by the next minimum order and multiplying that percentage by the available points. For example, 5 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $25 minimum order as the lowest bidder and receives the maximum 5 points (25 / 25 = 1.00 x 5 = 5). Assume bidder “B” is the next lowest bidder at $27, then “B” receives 4.65 points (25 / 27 = 0.93 x 5 = 4.65).

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.

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(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 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

Document Phase Document Description Page 14 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 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 Manuals and Distribution of Literature Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

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

Section 22 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 23 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 24 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 25 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 26 Addition or Deletion of Items or Services The Office of Procurement Services reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The Office of Procurement Services to effect this change will issue a contract Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

Section 27 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

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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 28 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 29 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 30 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.

Section 31 Inquiries All questions shall be submitted in writing by November 3, 2024 10:00 AM 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 – 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 Lisa Perry

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 564-0983 LisaK.Perry@ky.gov

Document Phase Document Description Page 17 mailto:LisaK.Perry@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; or # 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 32 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the…