Final_RFB_758_2700000093_1_SO_FORM.PDF

Document ID: RFB 758 2700000093 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Janitorial Services - Commonwealth Office of Technology

Date Issued:

09/08/2026 Record Date:

09/08/2026

Solicitation Closes Date:

09/24/2026 Time:

13:30

Solicitation No:

RFB 758 2700000093

Online Bidding Prohibited: No

For Information Call:

Lisa Perry 502-564-0983

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 758 2700000093 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Janitorial Services for Edge Network Services Branch

12.00000 MO

Comm Code Comm Description Manufacturer Model # Manuf Part #

91039 Janitorial/Custodial Services

Extended Description Janitorial Services for:

Commonwealth Office of Technology The Edge Network Branch 101 Sea Hero, Suite 3 Frankfort, KY 40601

Service Area is approximately 7,182 Sq Ft Serviced 5 nights per week Monday-Friday

Review Section 2 for complete details, pricing should be entered total cost per month

**Review SECTION 13-C Years In Business requirements**

Shipping Information COT - Division of Field Services Shipping 105 Sea Hero Suite 3

Frankfort KY 40601

Billing Information COT - Commonwealth Office for Technology COT.Invoices@ky.gov 101 Cold Harbor Dr

Frankfort KY 40601

Document ID: RFB 758 2700000093 Page: 3

Submission Checklist

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

Item

ELECTRONIC BID SUBMISSION

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

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

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

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

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2700000093 Final Janitorial Services - Commonwealth Office of Technology

Total Pages: 32 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 Janitorial Services for COT

RFB 758 2700000093

Issued by The Finance and Administration Cabinet

On Behalf Of Commonwealth Office of Technology

Release Date: September 8, 2026

Vendors’ Written Questions Due: September 15, 2026 at 10:00 AM EST Commonwealth’s Response to Written Questions: September 17, 2026 CLOSING DATE AND TIME: September 24, 2026 at 1:30 PM EST

Commonwealth Buyer:

Lisa Perry

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

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

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Total Pages: 32 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 mailto:LisaK.Perry@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Conference ID number 240522005, and Participant Code 33957, at 3:30pm, ET on the bid closing date.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded 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.

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Total Pages: 32 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Solicitation

Terms and Conditions

Master Agreement

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

Janitorial Services for the Commonwealth Office of Technology.

Section 2 Bid Specifications The Commonwealth Office of Technology, Edge Network Services Branch, hereinafter COT, is seeking qualified vendors to provide cleaning services at the office located at:

Commonwealth Office of Technology The Edge Network Branch 101 Sea Hero, Suite 3 Frankfort, KY 40601 The office space is approximately 7,182 square feet.

Vendor shall have a minimum of three (3) years in business as a provider of janitorial services and/or janitorial management services. See Section 13.

Janitorial services shall be performed five nights per week, Monday through Friday. Any common space as indicated at each location, as well as all janitorial closets, storage areas, stairwells and mechanical rooms defined by the agency, shall be included in this contract.

Vendor shall be responsible for providing all cleaning supplies (paper products, hand soap, toilet paper 2 ply, window cleaner, disinfectant cleaner, etc.) and proper equipment (commercial mop and mop bucket, commercial grade vacuum, etc.) to fulfill cleaning requirements. Vendor will be required to supply proper products for each dispenser installed in the facility and will be responsible for maintaining inventory levels of these items, assuring that supplies are refilled as necessary. Failure to maintain adequate supplies or complete the specification and frequency schedule as laid out may result in termination of the contract. All supplies and services shall be included in the monthly janitorial rate bid by the vendor.

2.1 Daily Cleaning

Cleaning to be completed in all areas daily. Disinfectant/detergent cleaners shall be used for all normal cleaning purposes. Cleaners shall not be harmful to the surface to which they are applied.

Entrances, Exits, Vestibules, Parking Area:

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- Sweep, mop, and vacuum floors.

- Clean entry area glass inside and outside, if applicable.

Garbage/Dumpsters:

- Collect all trashcan garbage and install new liners.

- Collect all garbage, including cardboard boxes, and remove from building to dumpster.

- Break down/crush all boxes before placing into dumpster.

- Ensure that the area around the dumpster is free from boxes and trash at all times.

Floors/Walls:

- Vacuum, dust/damp mop (dust mop treatment materials that leave an oily residue shall not be used).

- Spot clean interior walls, doors, and partitions.

- Spot clean glass on interior doors or windows.

Bathrooms:

- Clean and sanitize toilet, urinals, and sinks in their entirety.

- Clean mirror glass.

- Empty and replace liners in garbage containers.

- Clean/sanitize and polish/dust walls, partitions, floors, and fixtures.

- Refill all dispensers daily (soap, paper towels, toilet tissue, etc.).

Drinking Fountains, Kitchen Sinks (if applicable):

- Clean, sanitize and polish.

2.2 Weekly Cleaning (All Areas)

Floors/Walls/Ceilings:

- Dust ceiling areas and high corners.

- Dust all high and low horizontal surfaces, not including individual desks containing employee belongings or computer equipment.

- Clean door kicks, push plates, handles and frames.

- Clean and polish bright metal surfaces.

- Clean entire glass, interior doors, and partitions (internal).

- Spray buff tile floors.

2.3 Monthly Cleaning (All Areas)

- Vacuum or dust venetian blinds, drapes, chairs (cloth), etc.

- Replace bulbs within a ten (10) foot ceiling height. Bulbs will be furnished by agency. If a particular area’s lighting presents an unsafe or poor work environment, the agency has the right to request this service to be completed more frequently.

2.4 Quarterly Cleaning

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- Quarterly cleaning is to be completed within the first month of each quarter (Jan, April, July, October).

- Clean all hallways and carpet (extraction method).

- Clean inside and outside of waste baskets.

- Damp clean ceiling vents.

2.5 Semi-Annual Cleaning

- Semi-annual cleaning is to be completed within the first forty-five (45) calendar days after start of contract.

Floors/Walls:

- Clean inside of all windows.

- Wash venetian blinds.

- Damp clean all inside walls and baseboards.

- Wash all light fixture (ceiling lights) lenses and damp wipe light bulbs with each fixture cleaning.

- Clean carpets by extraction method.

- Strip, seal, and wax all tile floors, six (6) step method (sweep, mop, strip, scrub, seal, and wax), two (2) coats of sealer and four (4) coats of wax are to be used each time.

- Floor finish shall be non-staining, shall provide a high degree of slip protection and shall meet specifications of the Underwriters Laboratory.

Notes:

All furniture is to be moved for cleaning and returned to its place afterwards, except file cabinets, storage cabinets, computers, and partitions or any other designated equipment or furniture requested by the COT manager CO. Entire square footage of carpet/tile shall be cleaned semi-annually as required and also within the specified times.

The vendor shall be required to inform the COT manager of intended date for the above services at least forty-eight (48) hours in advance.

If additional window or floor cleaning services are deemed necessary, the vendor may be asked to submit an additional price quote for acceptance to COT.

2.6 General Information

Upon contract award, the vendor may be required to attend a meeting(s) to review the expected performance criteria and the location.

Questions, Issues, Complaints:

All communication regarding questions, issues or complaints must be presented to the COT manager.

Keys, Security:

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The vendor shall be issued key(s)/pass code(s)/access badge(s) to the facility as necessary to perform cleaning tasks and shall agree to pay a fee to COT to cover all expenses associated with re-securing the facility if any of these are lost or misused by the vendor or vendor’s authorized representative. The vendor agrees to abide by and to require their employees to adhere to the cabinet’s “Key Control System” and conditions as outlined below:

The vendor (or vendor’s authorized representative) shall not make or knowingly permit to be made, nor otherwise obtain, procure or provide any unauthorized copy or facsimiles of said key(s)/pass code(s)/access badge(s).

The loss of any such key(s)/pass code(s)/access badge(s) referred to under this section shall be immediately reported to the COT Manager.

The vendor or vendor’s representatives shall not allow any person to use key(s)/pass code(s)/ access badge(s) in their possession under any circumstance without the prior approval of the proper authority of the office.

The vendor shall agree to pay, at minimum, a fee of one hundred dollars ($100.00) for each key which may be issued to the vendor and/or its representatives which cannot be returned or accounted for to the satisfaction of the agency upon demand or upon termination of the contract. Keys duplicated by commercial locksmiths or by other means are not acceptable and such keys shall be considered lost.

The vendor shall further agree that if loss of key(s)/pass code(s)/access badge(s) jeopardizes the security of the entire facility/office or a sensitive part of the facility/office, the vendor will pay for the total cost of re-securing the entire facility/office or the particular area(s) affected.

2.7 General Requirements

The vendor shall be completely responsible for satisfactorily managing and performing cleaning services necessary to ensure a clean orderly condition of the facilities.

Inspections:

The vendor (or authorized representative) shall be required to make an on-site visit every other month starting at the end of the first month of the contract to ensure that its employees are performing in accordance with the specifications and frequency schedule. It shall be the vendor’s responsibility to schedule a time with the COT manager (or authorized designee) to complete the required inspection reports. These inspections cannot be performed by any employee who is participating in janitorial services at the location.

The janitorial inspection report shall be completed every other month starting at the end of the first month of the contract by both the COT manager (or authorized designee) and the vendor representative while performing a building walkthrough.

After the completion of the required walk-through and corresponding janitorial

Document Phase Document Description Page 10 inspection report, both the vendor (or its representative) and the COT manager (or authorized designee) shall be required to sign and date the inspection report verifying completion. It will be the responsibility of the COT manager to keep all original inspection reports on file for the duration of the contract.

Routine inspections of the entire facility shall be made by the agency. COT will notify the vendor via email/phone any minor deficiencies which shall be corrected within forty-eight (48) hours. If the agency determines that the vendor has shown a pattern of non-performance, the agency reserves the right to require inspections more frequently until the issues have been resolved.

Agency’s Responsibility COT will provide storage space for the vendor’s equipment and supplies. The vendor shall supply its own lock (if required) to secure the storage space.

COT will not provide telephone service or office space for the vendor. Use of existing phones by the contracted personnel shall be strictly prohibited. COT reserves the right to require the removal of any contract employee who disregards this prohibition.

COT will provide such light, water, and electricity as are necessary to perform the services. The vendor will use these utilities sparingly.

Vendor’s Responsibility The vendor shall perform ALL contracted services within the allotted time. The agency may use whatever process it deems most suitable to evaluate the contractor’s compliance with the terms of this agreement. This may or may not involve proration of the vendor’s payment. Evaluation systems that prorate payment must provide a clear explanation of the deduction.

The vendor shall provide a representative who will be available in person or can be reached via regularly monitored email and local telephone number during the operational hours of 8:00 a.m.

to 4:30 p.m. Monday through Friday, except legal holidays, for the purpose of service evaluation, complaints, scheduling of project work, etc.

Vendor’s employees will be required to sign in and out daily with date, signature, beginning time, and ending time. Vendor shall thoroughly screen all employees and perform a yearly criminal background check via the Administrative Office of the Courts. Background checks will be submitted to the COT manager upon completion. All employees shall be at least eighteen (18) years of age. All workers must be employees of the contracted vendor. Subcontracted employees will not be accepted. The vendor’s employees shall be required to complete the “Statement of Confidentiality” prior to performing services under the contract, (see Attachment B). Vendor shall forward a copy of such form, with employees’ signatures and employees’ supervisor’s signature to the COT manager within two weeks of initial start date of all employees.

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The vendor shall furnish COT with a list of names of its employees who are to provide services at each location. This list should identify the supervisor and work hours of each individual. The vendor is responsible for keeping this list updated as personnel changes occur and for providing an updated list to the COT manager immediately following any change. The vendor will not hire state employees who are employed at the service location or immediate family members of any state employees who are employed at the service location to perform janitorial services.

All vendor’s employees that are not U.S. citizens shall have valid work permits. The vendor shall follow all guidelines of equal employment practices. The Commonwealth reserves the right to direct the vendor to remove or replace any employee at any time.

The vendor shall have an English-speaking employee on-site at all times while work is being performed on Commonwealth property.

Upon contract award, the vendor shall provide a list of all materials to be used in providing the cleaning service. At this time, vendor shall furnish the COT manager (or authorized designee) with Material Safety Data Sheets (MSDS) for all chemicals that shall be used at the location. All containers must be properly labeled. COT may approve or disapprove any product at any time.

Vendor shall post in the service closet, rules and regulations governing the vendor’s employees while in the building, a sign in/out sheet, MSDS Sheets, and a copy of the cleaning schedule herein provided. Vendor is also responsible for updating the MSDS sheets as additional chemicals are added to clean the building. Updated MSDS sheets shall be posted in the service closet and provided to the COT manager prior to the new chemicals being utilized.

COT has the right to approve or disapprove any additional chemicals at any time.

Vendor shall be responsible for any breakage, damage, or loss through carelessness while providing services and shall also be responsible for locking doors and turning off lights as directed by the agency.

All vendor’s employees are prohibited from possessing or being under the influence of a controlled substance or intoxicating substance, and the possession or use of a firearm or other dangerous weapon while on Commonwealth premises.

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

Document Phase Document Description Page 12 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 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

Document Phase Document Description Page 13 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:

Commonwealth of Technology

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

Section 12 Solicitation Submission Requirements 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.

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Total Pages: 32 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

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 (90 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, 90 points is allocated to the lowest 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 67.50 points ($3.00 / $4.00) = .75 x 90 = 67.50).

B. Years in Business (10 points)

The vendor shall have a minimum of three (3) years in business as a provider of janitorial services and/or janitorial management services.

Verification documentation of the total years in business must be included with bid submission. Examples of acceptable documentation to be included are Articles of Incorporation, Secretary of State Registration, Certificate of Assumed Name filed with the County Clerk, Business or Financial Records showing proof of purchase of business/ company.

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If this section is left blank & the total number of years in business is not entered above, bidders will be deemed non-responsive and ineligible for award.

Vendors that do not have the minimum of three (3) years in business or fail to provide acceptable documentation will be deemed non-responsive and ineligible for award.

Vendors with the highest number of years in business as a provider of janitorial services and/ or janitorial management services will receive a maximum of ten (10) points. The bidder with the next highest number of years in business receives points by dividing the highest number of years by the next highest number of years and multiplying that percentage by the available points. For example, 10 points is allocated to the highest number of years in business criteria for this procurement, bidder “A” bids 20 years as the highest number of years and receives the maximum 10 points (20 / 20 = 1.00 x 10 = 10). Assume bidder “B” has the next highest number of years in business at 8 years, then “B” receives 4 points (8 /

20) = 0.4 x 10 = 4).

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.

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(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 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)

Document Phase Document Description Page 17 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.

Section 16

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

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

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

Section 18 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 19 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office of Procurement Services, a report showing volume which has been sold to the Commonwealth and its using agencies each six

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

Section 20 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

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Section 21 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 22 Exception to Required Use of Contract The establishment of this Master Agreement not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 23 Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

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

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

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

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

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

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

Section 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 Payment 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 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 agreed upon payment milestones set forth in the agreement and/or 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;

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(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 and 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 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 five (5) working days.

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.

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Technology

Total Pages: 32 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

Section 29 Inquiries All questions shall be submitted in writing by September 15, 2026 by 10:00 AM EST to the Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

(SUBMIT QUESTIONS ON ATTACHMENT A – VENDORS’ QUESTION FORM)

Sole Point of Contact – Commonwealth Buyer The Commonwealth Buyer listed below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail), concerning this procurement shall be addressed to:

Commonwealth Buyer Lisa Perry

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

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

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

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

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

For violation of this…