Document ID: RFB 758 2600000109 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 4

TITLE: Uniform Apparel

Date Issued:

11/13/2025 Record Date:

11/13/2025

Solicitation Closes Date:

11/18/2025 Time:

13:30

Solicitation No:

RFB 758 2600000109

Reason for Modification

November 13, 2025 Modification to post to extend the Close Date from November 13, 2025 to November 18, 2025 due to issues with VSS. See page 31.

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 2600000109 Page: 2

Line Items

Commodity Group: Default

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

1 Uniform Apparel & Accessories 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

200 CLOTHING: ATHLETIC, CASUAL,

DRESS, UNIFORM, WEATHER AND

WORK

Extended Description Category A - Uniforms & Accessories Category B - Tactical Apparel & Accessories Category C - Law Enforcement Apparel Category D - Fire Resistant Apparel Category E - Hi-Visibility Apparel Category F - Rain Gear Category G - Performance Hunting Gear

For more details see Attachment B- Bid Sheet.

ALL PRICING is to be entered on Bid Sheet. Please review the instruction tab first.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 758 2600000109 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://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.

Document Phase Document Description Page 4

2600000109 Final Uniform Apparel Total Pages: 31 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

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)

_____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

UNIFORM APPAREL & UNIFORM ACCESSORIES

RFB 758 2600000109

Issued by The Finance and Administration Cabinet

On Behalf Of All State Agencies

Release Date: October 23, 2025

Vendors’ Written Questions Due: October 29, 2025 by 11:00 AM ET Commonwealth’s Response to Written Questions: October 31, 2025 CLOSING DATE AND TIME: November 10, 2025 at 1:30 PM ET CLOSING DATE AND TIME: November 13, 2025 at 1:30 PM ET CLOSING DATE AND TIME: November 18, 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

Document Phase Document Description Page 5 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 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 Category. Vendors shall bid one (1) or more categories.

Contract(s) awarded shall be awarded based on evaluation by category. Vendors are not required to bid all categories however, shall bid on all items within a category to be considered for award. All pricing should be submitted on Attachment B – Bid Sheet.

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

Document Phase Document Description Page 6 mailto:sheila.durham@ky.gov http://eprocurement.ky.gov 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 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish Master Agreement(s) for:

Uniform Apparel and Uniform Accessories

Section 2 Bid Specifications This Solicitation is for the purpose of establishing contracts for uniforms and uniform accessories for all agencies across the Commonwealth.

The Commonwealth intends to award the number of contracts necessary to fulfill the needs of the Commonwealth therefore the intent of the Commonwealth is to award multiple contracts per Category. Respondents may bid multiple categories and are obligated to provide all items (or approved equals) within the category’s brand. (See Attachment B – Bid Sheet)

There are seven (7) categories:

Category A – Uniform Apparel & Accessories Category B – Tactical Uniforms & Accessories Category C – Law Enforcement Uniform Apparel Category D – Flame Resistant Apparel Category E – Hi-Visibility Apparel Category F – Rain Gear Category G - Performance Hunting Gear

Vendor should be able to provide the requested garments in all colors and sizes available by the manufacturer. Quantities listed on the bid sheet are only estimates based on orders placed within the last year. Quantities may not reflect all styles ordered on a regular basis and are not a guarantee of quantities needed in the future.

Vendors wishing to provide alternative brands should submit documentation such as a detailed spec sheet, etc. (if not one of the brands listed in this solicitation) with their bid submission.

2.1 Delivery

All Freight and Delivery charges are to be incorporated into the unit price. No additional charges shall be accepted other than minimum order fees (if applicable). See Attachment B for details.

The requesting agency should provide the vendor with a delivery order (DO) for each order. Orders are to be delivered to the location per the agency’s delivery order. Requests may be received from

Document Phase Document Description Page 7 multiple state agencies across the state as needed so delivery addresses will vary based upon the ordering agency’s location.

If for any reason the vendor will be providing their own delivery services (not via Fed Ex, UPS, USPS, etc.), the vendor will be required to complete all insurance requirements. See Section 2.6.

Vendors should state delivery time for each brand bid on Attachment B – Bid Sheet.

Delivery time must be specific and should not include ranges such as 2-5 days. If ranges are entered for delivery days, the highest number will be used for evaluation criteria.

2.2 Minimum Orders

All freight and delivery charges shall be included in the unit price however, there are occasions when agencies may need to purchase items for new employees, etc. which may result in an order of only one or two items.

Vendors requiring a minimum number of items or a minimum dollar amount for orders, should enter the information on Attachment B.

2.3 Backorders

Vendor is required to notify the ordering agency of any anticipated back orders or delivery delays with a revised delivery date within seven (7) calendar days ARO. The requesting agency shall have the right to accept the revised delivery date or cancel the item(s) from the order and obtain off contract.

Vendor must immediately notify the requesting agency and buyer when a contracted item has been discontinued. This includes any colors or sizes that are no longer available by the manufacturer. The vendor must provide the requesting agency with a proposed replacement within five (5) calendar days. Partial shipments are acceptable and shall be coordinated with requesting agency. Non-embellished goods that have not been put into service may be returned for any reason along with original packaging materials.

2.4 Samples

The Vendor may be required (if needed), to provide returnable sample garments at no additional cost to the Commonwealth for fitting and sizing purposes.

2.5 Embroidery/Sewing

Some items may require embroidery or patches/emblems to be sewn on to garment. Logos, etc.

that will need to be embroidered will be provided by the ordering agency. Patches/emblems to be sewn on selected uniform items will be provided by the ordering agency. Each ordering agency will provide information with their delivery order. See Attachment B – Bid Sheet.

2.6 Returns

Document Phase Document Description Page 8

The vendor shall fully credit agencies for items returned within thirty (30) calendar days of receipt if products are unused and re-salable condition. The Vendor is responsible for all shipping costs of items that do not fit correctly, items shipped in error, damaged or defective. The vendor shall provide a shipper number, pre-paid mailing label, or issue a call tag for pick up. Credit shall be made to Agency that submitted the order. Agency order numbers shall be referenced on the credit memo. No restocking fees are allowed.

2.7 Insurance Requirements (if applicable)

Insurance requirements shall be met only if vendor will be making in person deliveries, etc.

*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 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:

Document Phase Document Description Page 9 https://insurance.ky.gov/ppc/Company/Default.aspx http://www.ambest.com

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.

Automobile Liability Insurance Automobile Liability Insurance required for delivery. If the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

Automobile Liability Insurance is also required for all on-site training, services, or events.

If the Contractor or Subcontractor is required to drive on any Commonwealth property, Auto Liability Insurance is required.

Automobile Liability Insurance Requirements The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor. Said policy of insurance to have a minimum limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage. This paragraph does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

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

Document Phase Document Description Page 10

Initial Contract Period The contract established from this solicitation shall be for the initial period from December 1, 2025 through November 30, 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 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

Document Phase Document Description Page 11

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

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation.

Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

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

Political Subdivisions 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. 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 (per Category) 90 Points Delivery (per Category) 10 Points

Embroidery/Sewing (per Category) 5 Points Minimum Order Fee (per Category) 5 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

TOTAL POINTS 110 Points

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

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

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

A. PRICE – Per Category (90 points) The bidder with the best price (per Category) receives the maximum score. The bidder with the next best price receives points by dividing the best price by the next best price and multiplying that percentage by the available points. For example, 90 points is allocated to the best price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 90 points ($3.00 / $3.00 = 1.00 x 90 = 90). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 67.5 points ($3.00 / $4.00) = .75 x 90 = 67.5).

B. DELIVERY - Per Category (10 points) The bidder shall clearly state the delivery time for this procurement. Delivery time must be specific and such phrases as, “as soon as possible” or “prompt” have no meaning and may result in a non-responsive bid. The bidder with the best delivery time receives the maximum score. The bidder with the next best delivery time receives points by dividing the lowest number of days by the next lowest number of days and multiplying that percentage by the available points. For example, 10 points is allocated to the earliest delivery date criteria for this procurement, bidder “A” bids 5 days as the earliest delivery and receives the maximum 10 points (5 / 5 = 1.00 x 10 = 10). Assume bidder “B” has the next earliest number of days at 9, then “B” receives 5.55 points (5 / 9) = .55 x 10 = 5.55).

Enter delivery days on Attachment B – Bid Sheet.

C. EMBROIDERY/SEWING – Per Category (5 points) The bidder with the best price for Embroidery/Sewing (per Category) receives the maximum score.

The bidder with the next best price receives points by dividing the best price by the next best price and multiplying that percentage by the available points. For example, 5 points is allocated to the best price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 5 points ($3.00 / $3.00 = 1.00 x 5 = 5). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 3.75 points ($3.00 / $4.00) = .75 x 5 = 3.75).

Document Phase Document Description Page 13

D. MINIMUM ORDER FEE – Per Category (5 points) Any order that is below the required minimum order fee (if applicable) may be charged a minimum order fee (see Attachment B – Bid Sheet). Minimum Order Fee should be entered on Attachment B – Bid Sheet. If no Minimum Order Fee is required, please enter zero “0” for each line.

The bidder shall clearly state the Minimum Order Fee (if applicable) on the Bid Sheet. The vendor with the lowest minimum order fee amount shall receive the maximum points. Other vendors will receive points by dividing the lowest minimum by their minimum and multiplying the result by the available points. In the event the lowest charge for delivery is $0.00, then $0.01 will be used for evaluation purposes.

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

Document Phase Document Description Page 14 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 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:

Document Phase Document Description Page 15

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B: Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases.

The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

C: Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above.

Section 16 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or 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

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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 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

Document Phase Document Description Page 17 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 Payments

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The Commonwealth will make payment within thirty (30) working days of receipt of contractor's invoice or of acceptance of goods and/or services in accordance with KRS 45.453 and KRS 45.454.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or his representative.

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 October 29, 2025 by 11:00 AM 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 B – 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

Document Phase Document Description Page 19 mailto:sheila.durham@ky.gov

From the issue date of this solicitation until a contractor(s) is selected and the selection is announced, offerors are not allowed to communicate with any Commonwealth Staff concerning this solicitation except:

The Commonwealth Buyer cited in this solicitation;

Via written questions submitted to the Commonwealth Buyer

Potential bidders should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential bidders and any state employee or official are not binding on the Commonwealth of Kentucky.

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

Section 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

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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

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

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

Section 34 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at the following link: https://revenue.ky.gov/Forms/10A100(P)(11-23).pdf

In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes: “Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”

Document Phase Document Description Page 21 https://revenue.ky.gov/Forms/10A100(P)(11-23).pdf

Section 35 Access to Records The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

Section 36 Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010: to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response.

If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

Businesses can register with the Secretary of State at:

https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

Section 37 Accessibility Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C.