Final_RFB_758_2600000007_1_SO_FORM.PDF

Document ID: RFB 758 2600000007 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Janitorial Services for Department of Workforce Development

Date Issued:

07/14/2025 Record Date:

07/14/2025

Solicitation Closes Date:

07/31/2025 Time:

13:30

Solicitation No:

RFB 758 2600000007

Online Bidding Prohibited: No For Information Call:

Sheila Durham 502-564-8626

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 2600000007 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Monthly Janitorial Services 1.00000 SQFT

Comm Code Comm Description Manufacturer Model # Manuf Part #

91039 Janitorial/Custodial Services

Extended Description Janitorial Services for Department of Workforce Development locations. See Attachment B - Bid Sheet for details and to enter pricing.

Shipping Information Education & Labor Cabinet-Workforce Development Melissa Weitzel 500 Mero Street, 4th Floor

Frankfort KY 40601

Billing Information Education & Labor Cabinet-Workforce Development Melissa Weitzel 500 Mero Street, 4th Floor

Frankfort KY 40601

Document ID: RFB 758 2600000007 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.F

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 Attachment B

- Bid Sheet.

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

Allow 24-48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://vss.ky.gov.

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

IF APPLICABLE (see Section 34)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY IF APPLICABLE (see Section 36)

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2600000007 Final Janitorial Services for Department of Workforce Development

Total Pages: 24 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

_____REQUIRED AFFIDAVIT(S)

https://finance.ky.gov/office-of-the secretary/FinanceForms/Annual%20Required %20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

Request for Bid (RFB) For

JANITORIAL SERVICES FOR EDUCATION & WORKFORCE DEVELOPMENT

RFB 758 2600000007

Issued by

The Finance and Administration Cabinet On Behalf Of

Education & Workforce Development Cabinet

Release Date: July 14, 2025 Vendor’s Conference: July 22, 2025 at 10:00 AM ET

Vendors’ Written Questions Due: July 23, 2025 by 4:00 PM ET Commonwealth’s Response to Written Questions: July 24, 2025

CLOSING DATE AND TIME: July 31, 2025 at 1:30 PM ET

Commonwealth Buyer:

Sheila Durham

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, FIFTH FLOOR

FRANKFORT KY 40622

(502) 564-8626 sheila.durham@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 Location(s). Vendors shall bid one (1) or more locations.

See Attachment B – Bid Sheet.

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Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at http://eprocurement.ky.gov and respectively 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 a Master Agreement for:

Janitorial Services for Education and Workforce Development (Office of Vocational Rehabilitation and Department of Workers’ Claims).

Section 2 Bid Specifications The Commonwealth intends to award the number of contracts necessary to fulfill the needs of the Education and Workforce Development Cabinet therefore the intent of the Commonwealth is to award multiple contracts per location. Respondents may bid one or more locations.

Services are to be performed Monday through Friday. Frequency is determined by each location.

(See Attachment B - Bid Sheet) Any common space as indicated at each location as well as all janitorial closets, storage areas, stairwells and mechanical rooms defined by the agency shall be included in this contract.

Vendor’s Conference A virtual vendor’s conference will be held on July 22, 2025 at 10:00 AM ET. Vendors are strongly encouraged to attend to make sure there is a clear understanding of how these contracts work.

There will also be an opportunity to ask questions. All vendors wishing to participate in the virtual vendor’s conference are to email the Commonwealth Buyer at sheila.durham@ky.gov no later than 10:00 AM on July 21, 2025 with Virtual Vendor’s Conference in the subject line. Instructions and additional information will be emailed to the participants.

Site Visits will not be conducted as part of this solicitation.

Contracts resulting from this solicitation will be awarded by location(s). It will be the responsibility of each location to reach out to the vendors who have successfully been awarded contracts for that location to obtain a quote. Locations may obtain a quote from one or more vendors. The quote should encompass the service dates identified by the location. Quotes shall show the total price “per month” for all services and include a breakdown of the services per square foot. Invoices should be submitted all for services completed within that month and show the total price “per month”.

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Vendors being contacted for a quote may request a walk-through of the location. It is the responsibility of the vendor to provide a “no-bid” quote for any location that they are unable to provide services.

The location will then send the approved quote to the Office of Procurement Services at OPS.Reporting@ky.gov to have the location officially added to the contract through a modification to the Vendor’s Master Agreement.

All general requirements and responsibilities attached hereto and made part hereof this contract shall be strictly adhered to.

Service dates provided on the vendor’s quote are anticipated dates for services and are not guaranteed. The agency has the right to change vendors at any time they feel services are not being provided per the contract specifications.

2.1 Vendor Responsibility

Vendor shall be responsible for providing all cleaning supplies (disinfectants, cleaners, solvents, wax, paper products needed to perform janitorial services only) and proper equipment (commercial mop and mop bucket, commercial grade vacuum, etc.) to fulfill all cleaning requirements in this contract. Vendors will be provided a storage space to store equipment and supplies. Upon request, successful vendor shall submit MSDS listings of all materials being used to perform the janitorial services. ELC reserves the right to approve/disapprove any product prior to the commencement of services.

Vendor is responsible for returning keys to the buildings at the end of contract. If vendor fails to return keys, they will be responsible for rekeying the building.

Floor Finish products shall be non-staining, shall provide a high degree of slip protection and shall meet the specifications of the Underwriter’s Laboratory. Disinfectant detergent cleaners shall be used for all normal cleaning requirements. Other cleaners used shall not be harmful to the surfaces to which they are applied. Dust mop treatment materials that leave any oily residue shall not be used for any reason.

Vendor shall post rules and regulations governing the vendor’s employees while providing services at the agency office. A copy of the cleaning schedule shall also be posted in the vendor’s closet.

Vendor shall be responsible for the satisfactory completion of cleaning requirements per the frequency schedule. All services performed as part of this contract are subject to monthly inspection and approval by a representative of the Office of Education and Workforce Development Cabinet.

Vendor must supply a list of all employees servicing the location as part of this purchase order contract. The list should include names and phone numbers. This list must be kept up to date at all times by the vendor. Vendor shall remain in compliance with Equal Employment Practices and the Commonwealth reserves the right to direct the vendor to remove or replace an employee with just cause.

Any employees who are not US Citizens must have valid work permits. Vendor shall have an employee, who can communicate in English, on-site at all times that services are being rendered on Commonwealth property.

Vendor shall screen employees, and a yearly criminal background check should be performed by the KY Administrative Office of the Courts then submitted to the agency through PPAS upon completion. All background checks submitted at any time must be performed within the prior six (6) months to submitting. This requirement is for existing and any new hires by the vendor

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Total Pages: 24 mailto:OPS.Reporting@ky.gov throughout the performance and duration of this contract. Upon submittal, all background checks will be reviewed by the agency and any failure to notify the agency of a new employee shall result in review of termination of contract.

Vendor shall also have a representative who can be available (in person or by phone) for the purpose of service evaluations, complaints, scheduling of project work, etc. during the operational hours of the Education and Workforce Cabinet Office (8:00AM - 4:30PM, Monday-Friday, legal holidays excluded).

2.2 Agency Responsibility

The agency will be responsible for providing all disposable washroom supplies (toilet tissue, paper towels, soap, sanitary napkins, trash can liners, etc.).

Agency will provide the necessary water and electricity needed to perform all services. once the purchase order contract is established. If badges are used, the vendor will be responsible for submitting pictures of each employee to the agency so that the agency can make the badges needed to provide the services.

The agency will provide access to the janitorial closets.

2.3 General Requirements

Vendor shall be completely responsible for satisfactorily managing and performing cleaning services necessary to ensure that the facility maintains a clean and orderly condition.

Complaints will be addressed, first, between the office manager and the vendor. If a resolution is not reached, the local office manager will contact Facilities Services for further solutions. If a resolution cannot be met, the Finance Office of Procurement Services will be contacted and will take action per Section 16 of the solicitation.

2.4 Specifications and Frequency Schedule

(See Attachment B – Bid Sheet for frequency of each location)

Miscellaneous Parking lots shall be cleaned as needed or a minimum of three (3) times per week. Parking lots shall be free of trash, debris, etc.

Lights: Vendor shall clean all light fixture lens (ceiling lights). Fixtures must be cleaned twice a year. The first cleaning must be done within forty-five (45) days from award and again in the ninth month of the contract. Light bulbs shall be damp wiped with each fixture cleaning. When necessary, bulbs shall be replaced. Note: Bulbs will be furnished by the agency.

Dumpsters: Vendor shall crush all boxes before placing them into the dumpster(s). Area around the dumpster(s) shall remain free of debris and trash at all times.

All areas to be cleaned Daily:

Empty waste baskets Collect and remove trash from building Clean drinking fountains Dust desks, tables, chairs, etc. (public use areas only) Dust high & low horizontal surfaces, ledges, moldings, ducts, pipes, heating outlets, etc.

Spot clean glass on interior doors and partitions Sweep, mop and sanitize elevators Clean all entrance/exit porches, steps, walkways leading to main sidewalk (snow, mud, trash, etc.)

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All areas to be cleaned Weekly:

Clean waste baskets (inside and out) at least once per week Clean telephones (public use areas only) Damp clean desks, chairs, tables, etc. (public use areas only) and/or heavy scrub as needed or requested by agency Clean entire glass on walls, interior doors and partitions Clean entrance, exit, vestibule and all front lobby glass inside and outside Clean door kicks, push plates, handles and frames Vacuum or dust venetian blinds, drapes, etc. (once per week only) Clean and polish bright metal surfaces Damp clean ceiling vents Dust ceiling areas and high corners

All areas to be cleaned Monthly:

Polish desks, chairs and tables (public use areas only)

Floors – Resilient:

Floors shall be maintained at best possible degree of shine

Daily:

Dust/Sweep Damp Mop

Weekly:

Spray buff all areas Heavy scrub Topcoat (as needed each week) Clean and polish baseboards

2.5 Floors – Carpet:

Carpet is to be kept as clean as possible Vacuum all areas daily Spot clean as needed

2.6 Carpet Cleaning Requirements:

Carpet will be cleaned two (2) times per year and must be scheduled with and will be inspected by the local office manager. Dates will be agreed upon by the agency and vendor.

Cleaning must be performed using the extraction method and approved by the Education and Workforce Development Cabinet, Office of Administrative Services. All furniture must be moved for cleaning and returned to its place afterward with the exception of file cabinets, storage cabinets, computers, partitions, and any other designated equipment or furniture requested by the office manager. Carpet cleaning must be done on the entire square footage of carpeted areas and must be done at the specified times mentioned in this section.

2.7 Stripping and Waxing Floors:

Floors will be stripped and waxed two (2) times per year and must be scheduled with, and will be inspected by, the local office manager. Dates will be agreed upon by the agency and vendor.

Vendor must use three (3) coats of wax each time.

2.8 Restrooms

Daily:

Clean and sanitize all toilet bowls, urinals and sinks Clean, sanitize and polish all chrome fittings

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Clean and sanitize exterior sides of fixtures Clean and sanitize toilet seats Clean mirror glass Empty and reline trash containers Clean trash containers Dust and spot clean partitions Spot clean walls Dust furniture (if applicable) Clean floors and around fixtures Refill all dispensers Dust low horizontal surfaces, ledges, sills, moldings, ducts and radiators

Weekly:

Dust high horizontal surfaces, ledges, sills, moldings, ducts, pipes and heating outlets Wash furniture (if applicable) Damp clean ceiling vents Wash and sanitize entire walls, partitions and fixtures

Windows Window cleaning (inside and outside) will be cleaned two (2) times per year and must be scheduled with, and will be inspected by, the local office manager. Dates will be agreed upon by the agency and vendor.

The exception will be the front lobby glass and common areas that are frequented by the public, which will be cleaned weekly, and the interior doors and partitions will be spot cleaned daily.

2.2 Insurance Requirements

*Proof of all required insurances should be provided prior to award* The awarded vendor(s) shall be responsible for maintaining this coverage through the entire contract term:

1. Commercial General Liability Insurance in accordance with limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate.

The successful bidder shall furnish a Certificate of Insurance prior to award.

A. The certificate holder listed as:

Finance and Administration Cabinet, DCM Office of Procurement Services 200 Mero Street, Fifth Floor Frankfort, Kentucky 40622

B. Endorsement of Additional Insured Certificate of Insurance must contain the following language in the Description of Operations box, “The Commonwealth and its agents as an Additional Insured for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

C. Kentucky Department of Insurance and AM Best The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents

Document Phase Document Description Page 10 insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at:

https://insurance.ky.gov/ppc/Company/Default.aspx.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

D. Subcontractors If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor:

The Subcontractor must submit and maintain a Certificate of Insurance that meets or exceeds the insurance requirements defined in this contract or the Primary Contractor must submit a Certificate of Insurance identifying coverage on behalf of Subcontractor, with an Additional Insured Endorsement.

OPS reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency. Proof of coverage on an Acord form is preferred. OPS reserves the right to request additional insurance documentation, if needed. Failure to furnish said certificates or failure to maintain the required coverage throughout the life of the awarded contract shall be grounds for cancellation of the contract.

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 from time of award through July 31, 2026.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for six (6) additional one-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall

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Total Pages: 24 https://insurance.ky.gov/ppc/Company/Default.aspx http://www.ambest.com 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 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: Office of Education and Workforce Development Cabinet.

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 Solicitation Submission Requirements

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Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive. All electronic documents submitted in response to this RFB shall be submitted in Microsoft Word, Microsoft Excel, or PDF format ONLY.

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 of Experience 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 71.3 points ($3.00 / $4.00) = .75 x 95 = 71.25).

B. YEARS IN BUSINESS (5 points) Vendors with the highest number of years of experience as a provider of janitorial services will receive a maximum of five (5) points. The bidder with the next highest number of years of experience receives points by dividing the highest number of years by the next highest number of years and multiplying that percentage by the available points. For example, five (5) points is allocated to the highest number of years of experience criteria for this procurement, bidder “A” bids twenty (20) years as the highest number of years and receives the maximum 5 points (20 / 20 = 1.00 x 5 = 5). Assume bidder “B” has the next highest number of years of experience at ten (10) years, then “B” receives 2.5 points (10 / 20) = 0.5 x 5 = 2.5).

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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.

Vendors not providing documentation with their bid submission will receive zero (0) points for these criteria and may be deemed non-responsive and ineligible for award.

Vendor should enter the number of years in business ______________

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(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

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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 twelve (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.

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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 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 19 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 20 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 21 Cancellation Clause – 30 Day 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 22 Exception to Required Use of Contract

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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 23 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 24 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 25 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this solicitation. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the Office of Procurement Services.

Purchase or Sales Agreements, supplied by the bidder making an offer, in reply to the solicitation, will not be accepted. The only terms and conditions acceptable to the Commonwealth of Kentucky are as outlined in the solicitation. Bids not conforming will be considered as non-responsive.

Section 26 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 27

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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 28 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 29 Inquiries All questions shall be submitted in writing by July 23, 2025 by 4:00 PM ET to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

(SUBMIT QUESTIONS ON ATTACHMENT A – 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 Sheila Durham

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, FIFTH FLOOR

FRANKFORT KY 40622

(502) 564-8626 sheila.durham@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;

Commonwealth representatives during the Vendors’ Conference; 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.

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Development

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

Section 30 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Section 31 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct with Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the Office of Procurement Services shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the Office of Procurement Services. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

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

Section 32 Governing Law This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

Section 33 Protest Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

HOLLY M. JOHNSON, SECRETARY

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

200 MERO STREET, FIFTH FLOOR

FRANKFORT KY 40622

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The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall…