Final_RFB_758_2600000675_4_SO_FORM.PDF

Document ID: RFB 758 2600000675 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 4

TITLE: Courier Service for Newborn Screening Samples

Date Issued:

07/15/2026 Record Date:

07/15/2026

Solicitation Closes Date:

07/20/2026 Time:

13:30

Solicitation No:

RFB 758 2600000675

Reason for Modification

July 15, 2026- Modification to update Section 29 payments in accordance with KRS 45.453 and KRS .454.

There are no other changes.

Online Bidding Prohibited: No

For Information Call:

Tierra Johnson 502-782-3376

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 2600000675 Page: 2

Line Items

Commodity Group:

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

1 Courier Service for Specimen Pick-up

Comm Code Comm Description Manufacturer Model # Manuf Part #

96224 Courier/Delivery Services (Including Air Courier Services)

Extended Description This service will include transport and delivery of newborn screening (NBS) specimens and other clinical and/or environmental specimens from forty-six

(46) Kentucky birthing hospitals and twelve (12) health departments (including one correctional facility) submitted for testing at the Kentucky Division of Laboratory Services (DLS) in Frankfort, Kentucky.

Vendor shall enter monthly cost to provide all services as requested.

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

2 On-Demand/Route Add-on

Comm Code Comm Description Manufacturer Model # Manuf Part #

96224 Courier/Delivery Services (Including Air Courier Services)

Extended Description Service for time critical samples requiring urgent delivery to the lab within twenty-four (24) hours of notification.

Shipping Information CHFS DPH Division of Lab Services, North Dock

100 Sower Blvd, North Dock Suite 204 Frankfort KY 40601

Billing Information CHFS DPH Division of Laboratory Service

100 Sower Blvd, Suite 204 Suite 204 Frankfort KY 40601

Document ID: RFB 758 2600000675 Page: 3

Submission Checklist

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

Item

7-15-2026 – PLEASE SEE ATTACHMENT E ADDENDUM #3

7-13-2026 - PLEASE SEE ATTACHMENT E ADDENDUM #2

7-06-2026 - PLEASE SEE ATTACHMENT E ADDENDUM #1

ELECTRONIC BID SUBMISSION

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

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

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

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

2600000675 Final Courier Service for Newborn Screening Samples Total Pages: 30 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 36)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY IF APPLICABLE (see Section 38)

_____REQUIRED AFFIDAVIT(S)

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

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

ATTACHMENT A

Request for Bid (RFB)

For Courier Service for Newborn Screening Samples

RFB 758 2600000675

Issued by The Finance and Administration Cabinet

On Behalf Of Cabinet for Health and Family Services

Release Date: Wednesday, June 24, 2026

Vendors’ Written Questions Due: Monday, June 29, 2026 at 12:00 PM EST Commonwealth’s Response to Written Questions: Monday, July 6, 2026

Monday, July 13, 2026 CLOSING DATE AND TIME: Tuesday, July 14, 2026 at 1:30 PM EST

Monday, July 20, 2026 AT 1:30 PM EST

Commonwealth Buyer:

Tierra Johnson, KCPM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 782-3376 Tierrab.Johnson@ky.gov

Document Phase Document Description Page 6 mailto:Tierrab.Johnson@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 as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

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

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

Solicitation

Terms and Conditions

Master Agreement

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

Courier Service for Newborn Screening Samples

Section 2 Bid Specifications Scheduled non-emergency human clinical specimen and environmental specimens transport service for Kentucky. This service will include transport and delivery of newborn screening (NBS) specimens and other clinical and/or environmental specimens from Kentucky birthing hospitals and health departments submitted for testing at the Kentucky Division of Laboratory Services (DLS) in Frankfort, Kentucky. The NBS laboratory provides critical testing services on all live births (greater than 53,000 annually) in the State of Kentucky. These specimens are dried blood spots (DBS) on filter paper and are not subject to the U.S. Department of Transportation (DOT) Hazardous Materials Regulations [49 Code of Federal Regulations (CFR) Subtitle B Chapter 1 Subchapter C Hazardous Materials Regulations]. Newborn screening DBS samples are packaged by the hospital in envelopes provided by the NBS program and must, without exception, be picked up on a daily basis (Sunday through Friday).

Hospitals and Health Departments, including one (1) four (4) Correctional Facility, will submit various other types of specimens to DLS in Frankfort. When additional clinical and/or environmental specimens are offered by one of the birthing hospitals, they will be picked up and transported at the same time as the newborn screening DBS. These additional specimens are typically classified as Biological Substance Category B.

Occasionally, specimens classified as Category A Infectious Substance, affecting humans (and subject to Hazardous Materials Regulations, in particular those regulations applicable to Division

6.2 hazardous materials) will also require transport. These will be packaged by trained staff at the submitting agency in accordance with transportation regulations in effect at the time for Category A “Infectious Substance, Affecting Humans.”

Document Phase Document Description Page 8

Most Kentucky counties have local public health department locations, and these locations or other non-birthing facilities may be added as pick-up sites while this contract is in effect.

Specimens must be packaged, labeled, and transported in such a manner as to comply with all local, state, and federal regulations. This is the responsibility of the submitter. The Contractor may refuse to transport a Hazard Division 6.2 specimen that is not properly and safely packaged.

Drivers will inspect each item prior to pick-up to verify that it has been packaged appropriately and is sealed; the courier will not open any item at any point during transport. Specimens and samples will be carefully secured in a carry case in the vehicle to prevent excess motion and never placed on a dashboard where they may be subject to extreme temperatures. NBS specimens must be maintained in a controlled environment, not to exceed 80 degrees Fahrenheit, and must not be placed in direct sunlight or in excessively humid environments (preferably less than 30% humidity). NBS specimens must not be placed in sealed (airtight) courier bags.

All samples received from hospital laboratories (not NBS specimens), health departments and correctional facilities that are in DLS courier bags should be kept in an outer container with ice pack or refrigerated after pickup. Samples that are boxed are temperature controlled and do not need additional manipulation.

Contractor must comply with all applicable requirements of HIPAA.

In the event of possible exposure, the courier, while wearing plastic gloves and utilizing the appropriate spill kit supplies, will place the package in a red bio-hazardous bag and notify the Contract Manager, who will then notify DLS of the situation. Personal protective gear will be carried in all vehicles. All vehicles transporting infectious substances will be equipped with a spill kit and drivers will be familiar with spill response techniques. Spill clean-up procedures, including blood borne pathogen identification, transmission methods and prevention, and universal precautions will be covered in the required training.

Every attempt will be made to designate a single location within each hospital for specimen pick-up. Some hospitals may require pick-up from possibly more than one location within the facility due to consideration of patient safety and the integrity of the specimens. The courier must develop a plan to pick up specimens at each hospital and health dept location as required for efficiency of timely pick-ups. DLS will provide contact information for each facility so that the courier may work directly with each hospital or health dept. on issues involving the location of pickups; however, all other communication with the facility regarding issues other than pick-up location must involve the DLS contract representative and/or other DLS staff member.

Contractor must submit pick-up times to the State at least quarterly and when requested by the State.

Contractor’s responsible and licensed drivers will be trained in the proper handling and transport of laboratory specimens and experienced in performing their routes. Drivers will complete the same routes each day and service each location at the times agreed upon and approved by DLS. Upon arriving at each location, the courier will use his/her smartphone or other device to electronically document arrival at the location via barcode scan or other electronic method.

The courier will also obtain a signature from the facility representative via the smartphone or

Document Phase Document Description Page 9 device’s touch screen, acknowledging the information is accurate and that the courier has taken custody of all items. This information will be available to DLS through Contractor’s website for reporting and invoicing purposes. The electronic tracking of arrival and documentation of sample pickup is essential for service confirmation and timeliness monitoring. The electronic tracking software/program will be the responsibility of the vendor, additionally to provide access to DLS staff and training if needed.

The courier must electronically sign a receipt log at each location where specimens are picked

up. The log will include the date, time, minimal itemization (the number of discrete items picked up -e.g., the number of green envelopes, boxes, etc.). For example, a single envelope or box containing multiple specimens would be one item. The Contractor must provide to the State, a copy of the log when requested by the State. Contractor should maintain this information electronically through Contractor’s courier software, which can record each data point specified above, and will also provide logs if desired by DLS as a secondary form of verification. If this method is requested or preferred, Contractor will provide a draft log for approval during the implementation period and submit the completed logs as requested, or upon invoicing.

For Birthing Hospital Pick-ups:

Plan A – Daily pick-up of specimens, Sunday through Friday, after 5:00pm EST. and CST. from each of the 46 birthing facilities.

For Health Department Pick-ups:

Plan A –Daily pick up at each Health Dept. and Correctional Facility listed below to retrieve specimens, Monday through Friday after 4pm EST. and CST. – (alerted electronically through courier system).

Daily pick-up of newborn screening dried blood spot specimens, Sunday through Friday, from each of 46 44 Kentucky birthing centers and 12 Health Department as needed. See Attachment D for all location information for additional locations added.

Forty-Six Forty-Four Birthing Hospitals:

BH Paducah BH Richmond Clark Regional

Deaconess Henderson Ephraim McDowell Flaget Memorial Fort Logan Frankfort Regional Georgetown BH Hardin Harlan ARH Hospital Harrison Memorial

Document Phase Document Description Page 10

Hazard ARH Highlands Regional Jackson Purchase Jennie Stuart King's Daughter Lake Cumberland Lourdes Advent Health Manchester Meadowview Regional Middlesboro ARH Murray Calloway Norton Children's Hospital Norton Hospital Norton Women and Children’s Owensboro Medical Pikeville Medical Spring View Hospital St Elizabeth South St Joe London St Joe Mount Sterling St Joseph East St. Claire Taylor Regional The Medical Center TJ Sampson Twin Lakes Regional UK Hospital UofL Hospital Whitesburg ARH BH Corbin BH LaGrange BH Lexington BH Louisville BH Madisonville

See Attachment D for all location information for additional locations added.

The twelve (12) twenty two (22) Health Departments, including one four Correctional Facility are:

Campbell Co.

Christian Co.

Clark Co.

Document Phase Document Description Page 11

Davies Co.

Graves Co.

Henderson Co.

Hopkins Co.

Kenton Co.

Paducah/McCracken Co.

Pike Co.

Pulaski Co.

Correctional Facility:

Roederer Correctional Facility- Jefferson Co.

On-Demand/Route Add-On-needed for time critical samples needing urgent delivery to the lab within twenty-four (24) hours of notification.

Hospitals, health departments and/or laboratory pick-up sites may be added or removed during the course of this contract, subject to hospital or laboratory business model decisions. Contractor will accommodate requests to add or remove stops upon written request. The Commonwealth buyer will modify the Master Agreement to reflect any added or removed locations through an Amendment with the Agency and Vendor approval.

Next-morning delivery, Monday through Saturday, by 7:00 am EST. to the Kentucky Division of Laboratory Services, 100 Sower Boulevard, Suite 204, Frankfort, KY, 40601.

There will be no pick-up service on the day before Thanksgiving, on Christmas Eve, or on New Year’s Eve.

There will be no delivery service on Thanksgiving Day, Christmas Day, or New Year’s Day.

Specimens must be maintained in a controlled environment, not to exceed 80 degrees Fahrenheit, and must not be placed in direct sunlight or in excessively humid environments (preferably less than 30% humidity). Specimens must not be placed in sealed (airtight) courier bags. Contractor must comply with all applicable requirements of HIPAA.

Locked Doors Vehicle doors must be locked and remain locked while vehicle is unoccupied. No keys are to be left inside the vehicle at any time.

Credit Monitoring Service Courier service will pay for credit monitoring services for 2 years for individuals affected by specimens lost by the courier after pick-up and before drop-off.

Document Phase Document Description Page 12

Courier Identification Courier must have uniform and/or badge identifying themselves as the courier.

Adverse Weather Vendor shall communicate with Agency contact in the event of adverse weather or state road closures that may affect pickup.

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

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies.

The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

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

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four (4) additional two-year periods. This extension must have the written approval by all parties.

If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8

Document Phase Document Description Page 13

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:

Cabinet for Health and Family Services

Extending the Contract Use to Other Agencies (include if not all state agency) 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 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

Document Phase Document Description Page 14 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

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:

Commodity Line 1 Monthly Price 80 Points Commodity Line 2 Pricing 20 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. Commodity Line 1 Monthly Price (80points)

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, 80 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 80 points ($3.00 / $3.00 = 1.00 x 80 = 80). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 60 points ($3.00 / $4.00) = .75 x 80 = 60).

B. Commodity Line 2 Pricing (20 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, 20 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 20 points ($3.00 / $3.00 = 1.00 x 20 = 20). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 15 points ($3.00 / $4.00) = .75 x 20 = 15).

Document Phase Document Description Page 15

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 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

Document Phase Document Description Page 16 said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 12 months may be found non-responsible and ineligible for award.

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

Section 15 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

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

Document Phase Document Description Page 17

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

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 17 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract.

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

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

Section 19 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 20 Manuals and Distribution of Literature

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Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 21 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, a report showing volume which has been sold to the Commonwealth and its using agencies each six

(6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Office of Procurement Services.

Section 22 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 23 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Office of Procurement Services canceling the contract.

Section 24 Exception to Required Use of Contract The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 25 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

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

Major deviations of services performed will not be made without the written approval of the Office of Procurement Services. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. Either party should refer in writing any such

Document Phase Document Description Page 19 problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement.

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

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

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

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

Section 28 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the Office of Procurement Services in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 29 Payments The 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 its representative.

The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a

Document Phase Document Description Page 20 rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

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 agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10)Unit prices; and (11)Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided. The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/ or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt

Document Phase Document Description Page 21 https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within ten (10) working days.

Section 30 Inspection All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Section 31 Inquiries All questions shall be submitted in writing by Monday, June 29, 2026, to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

(SUBMIT QUESTIONS ON ATTACHMENT E C– 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 Tierra Johnson, KCPM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 782-3376 Tierrab.Johnson@ky.gov

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

# The Commonwealth Buyer cited in this solicitation # Via written questions submitted to the Commonwealth Buyer

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

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

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

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

Section 33 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…