Final_RFB_785_1900000788_1_SO_FORM.PDF

Document ID: RFB 785 1900000788 Page: 1 of 3

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Fire Alarm Systems Monitoring Services DFSS

Date Issued:

6/26/19 Record Date:

2019-06-25

Solicitation Closes Date:

8/6/19 Time:

13:30

Solicitation No:

RFB 785 1900000788

Online Bidding Prohibited: Yes

For Information Call:

Melissa Sachs 502-782-0033

Bid Receiving Location:

DFSS DECA Satellite Office Purchasing 701 Holmes St

Frankfort KY 40601

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 785 1900000788 Page: 2 of 3

Line Items

Commodity Group: Default

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

1 Fire Alarm Systems Monitoring Services DFSS 480.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

34054 Gas Detection/Monitoring Equipment (Firemen)

Extended Description Furnish all central monitoring equipment, labor and supervision necessary to provide fire alarm systems monitoring services as described herein, all in accordance with the terms, conditions and requirments contained herein for the monthly unit cost (each) provided by bidder and placed in the unit cost space in line item 1 above.

The estimated quantity of 480 is arrived at by taking the current number of facilities, which is 40, and multiplying that quantity by 12 to arrive at the total estimated annual quantity of 480. Each bidder should multiply the estimated quantity (480) by the unit cost bid and place that amount in the line total space for line item 1 above.

Bidder is reminded to review the Best Value Section below to complete requirements for best value consideration. NOTE: Allowance Section will only be provided to awarded vendor if needed.

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

2 FireAlarmSystemsMonitoringService YMCA Garage

2.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

34054 Gas Detection/Monitoring Equipment (Firemen)

Extended Description Furnish all central monitoring equipment, labor and supervision necessary to provide fire alarm systems monitoring services as described herein, all in accordance with the terms, conditions and requirements contained herein for the monthly unit cost (each) provided by bidder in the unit cost space in line item 2 above. (NOTE Quantity is just for evaluation purposes ONLY)

Shipping Information Finance - Office of Mechanical Services

701 Holmes St

Frankfort KY 40601

Billing Information Finance - Division of Engineering & Contract Administration

701 Holmes St

Frankfort KY 40601

Document ID: RFB 785 1900000788 Page: 3 of 3

Submission Checklist

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

Item Certification Price Experience

BID SUBMISSION CHECKLIST

The vendor MUST include the following with the bid submission.

If the items highlighted below are not submitted with the bid submission, the Commonwealth MUST deem the bid non-responsive and

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

FACE OF SOLICITATION - SIGNED (see Section 10)

BID INFORMATION - COMPLETED (see Section 13)

BID RESPONSE UNDER SEALED COVER, APPROPRIATELY INDENTIFIED, AND

DELIVERED BY CLOSING DATE AND TIME TO THE APPROPRIATE ADDRESS (see Section 12)

REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 37)

CERTIFICATE OF AUTHORITY -REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY (see Section 39)

REQUIRED AFFIDAVIT(S) (see Attachments)

EEO FORMS IF APPLICABLE (see Section 34)

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary)

Document Description Page 3

1900000788 Fire Alarm Systems Monitoring Services DFSS of 39

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 http://eprocurement.ky.gov and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Document Description Page 4 http://eprocurement.ky.gov http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

ATTACHMENT A

Request for Bid (RFB) For

Fire Alarm System Monitoring

RFB 785 1900000788

Issued by

The Finance and Administration Cabinet Department for Facilities & Support Services

Division of Mechanical Services

Release Date: June 26, 2019 Vendors’ Written Questions Due: July 16, 2019

Commonwealth’s Response to Written Questions: July 25, 2019 CLOSING DATE AND TIME: August 6, 2019 at 1:30 PM

Commonwealth Buyer:

Melissa Sachs

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Department for Facilities & Support Services 701 Holmes Street

FRANKFORT KY 40601

(502) 782-0033

Melissa.sachs2@ky.gov

Solicitation

Terms and Conditions

Master Agreement:

Fire Alarm System Monitoring

Section 1 Scope of Contract The Finance and Administration Cabinet, Division of Engineering and Contract Administration on behalf of the Department for Facilities and Support Services (DFSS), Document Description Page 5 mailto:Melissa.sachs2@ky.gov

Division of Mechanical Services (DMS) issues this solicitation to establish a Master Agreement for: Fire Alarm System Monitoring, various locations.

Section 1A Site Visit Bidders have the option to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information can be reasonably obtained.

In no event shall failure to inspect the site constitute grounds for a claim after award of the contract.

Pricing information shall not be made known in any form to agency representative during the site visit. Failure to comply with this requirement shall render the bid non-responsive.

Vendors may request a Site Visit by contacting the buyer of record to schedule the necessary site visit. If conditions are discovered during site visit that are considered undesirable or unacceptable by the bidder, the bidder is required to notify the buyer of record a minimum of five (5) working days before the bid closing date.

Vendors are not to ask questions during the site visit(s). Any questions are to be submitted in writing to the Commonwealth Buyer (See Section 31).

Section 2 Bid Specifications The successful contractor shall provide all central monitoring equipment, labor, and supervision necessary to perform the monitoring services as described herein. The successful contractor shall provide fire alarm system monitoring services twenty-four hours each day, seven days each week (24/7) throughout the contract period.

The unit of issue is “each” and that unit of issue (each) is the cost of monitoring each fire alarm system per month. Payment will be made quarterly. The quarterly charge is based on the number of units (per month) multiplied by the unit cost and that value multiplied by 3 (mo/qtr). For Example: assume May 2019 had 40 buildings/systems monitored, and June 2019 had 39 (buildings/systems) and July 2019 had 40 (buildings/ systems), and also assume $25 is the monthly cost for each system, then the cost for monitoring services for the three month period (quarter) would be $2,975 (40+39+40=119x$25=$2,975). Assuming no change for the balance of the year, the annual cost would be $11,900 (4 x $2,975 = $11,900)

The actual total cost per billing period (quarterly) will be based on the actual services provided (the actual building or units monitored). The actual quantities will be dynamic throughout the contract period as buildings or units will be added or deleted from the roster as determined by the needs/requirements of the Commonwealth.

Document Description Page 6

The number of locations to be monitored can be found in the table at or near the end of this solicitation entitled Table 2 Building Locations & Equipment. (Currently there are 40 locations)

The contract holder, unless otherwise directed, will be expected to monitor all facilities that are owned, operated or managed by the FAC DFSS. An exception may occur (for example) when a renovated or replaced fire alarm system has monitoring services included and provided during the warranty period of the new or renovated fire alarm system.

NOTE: The awarded contract will not include automatic sprinkler testing, reporting or monitoring. Additionally, the awarded contract will not include security system testing, reporting or monitoring.

Allowances (if needed):

An allowance has been established for re-programming the DACT used in connection with the fire alarm systems monitoring. The allowance for all buildings (except TCOB & KSOB) will be no more than $21,600.00 and the allowance for the TCOB & KSOB will be no more than $1,076.00. The reprogramming payment will be a separate invoice provided by vendor to DFSS once the reprogramming is complete. In the event the successful bidder does not have to or is not required to have the units reprogrammed, the allowance will not be paid.

General Requirements:

The contractor’s monitoring site shall be UL® listed.

The contractor shall provide a copy of the most current UL® Central Monitoring Inspection Certificate issued to the organization. (See Section 13, Best Value Requirement)

The contractor shall be capable of monitoring multiple (commercial account) facilities (statewide) and shall include with the solicitation response, documentation that will substantiate the vendor’s ability to perform such services.

Failure to provide this information may invalidate your offer.

The contractor shall notify Department for Facilities and Support Services’ (DFSS) contacts for each building listed for the monitoring service (See Table 1: Life Safety Alarm Operations Telephone Matrix below).

The contractor shall respond to an alarm signal by notifying the first subscriber contact within ninety (90) seconds of alert, the second subscriber contact within 5 minutes, the third and fourth subscriber contact within 10 minutes, and the fifth through the last subscriber contacts within 15 minutes of alert.

Document Description Page 7

The successful contractor shall schedule a meeting with the Assistant Director of the Division of Mechanical Services (DFSS/DMS) (or designee), and the DFSS Safety Administrator prior to commencement of services under the contract.

The successful contractor shall provide the Commonwealth with a point of contact (Attachment D) for the administration of the contract awarded from this solicitation.

The contractor shall have all communications coordinated through this point of contact.

The point of contact shall be approved by DFSS/DMS SAFETY. All communications to DFSS/DMS SAFETY concerning matters relating to the contract awarded from this solicitation shall contain the contract number (no exceptions), and the site location(s), if applicable. All communications, including generic and/or form generated communications, i.e., price increase or contract renewal notifications, etc., generated by the contractor for this contract, without the contract number thereon, shall not be accepted.

Owner’s Responsibility

The Owner (FAC DFSS DMS) will coordinate and install or have installed (at no cost to the monitoring entity) all required dedicated telephone lines.

The successful contractor shall coordinate access to all buildings through the Agency Contact Person (DFSS Safety Officer) see Attachment D for contact information.

DFSS DMS SAFETY will provide all first through sixth subscriber contact information, to include name/organization and telephone number/pager number/cell phone number (as applicable).

DFSS DMS SAFETY will coordinate with the contractor the scheduling to place each fire alarm system into the monitoring program.

Contractor’s Responsibility

The successful contractor’s central station monitoring facility shall be UL® listed and shall maintain the UL® certification at the designated central monitoring site for the duration of the contract. All services shall be provided in accordance with (IAW) NFPA 72 (2010 Ed).

The successful contractor shall perform monitoring and reporting services (24/7) of fire alarm systems in State facilities owned and maintained by the DFSS statewide.

All facilities are currently in Frankfort, Jackson, Lexington, Louisville, London, and Madisonville. All facilities are within the boundary of the Commonwealth of Kentucky.

Document Description Page 8

See attached listing entitled Table 2 for locations to be monitored. Remember this list is dynamic as buildings/facilities will be removed or added thereto as required by the Commonwealth.

Except as otherwise provided, all programming (for monitoring services), where necessary, will be the responsibility of the successful bidder. After the initial programming (where necessary) of transmitting equipment for this contract period, the party that causes the requirement for programming modifications will incur the associated cost. For example, if the owner changes the transmitting equipment by replacement or up-grade, the owner will pay to reprogram. If the service provider changes or up-grades fire alarm receiver equipment that causes the transmitter to be unable to communicate, the service provider will incur the cost for subsequent reprogramming. (NOTE: See Additional Terms and Condition, Subcontractor Section)

The successful bidder will monitor those facilities as requested by the Using Agency.

The Using Agency will notify the successful bidder (normally by email) as buildings are to be added or removed and the successful bidder will provide the monitoring services at the monthly unit cost contained in line item 1 and 2 above. When units are added/ removed in the middle of the month, the payment will be prorated based on the service days in the initial or last month.

The successful contractor shall telephonically alert organizations or persons listed on the Telephone Matrix (Table 1) from the First Subscriber Contact through the Last Subscriber Contact, inclusively.

The successful contractor shall respond to an alarm signal by contacting the first subscriber contact within 90 seconds of alert, the second subscriber contact within 5 minutes of alert, the third and fourth subscriber contact within 10 minutes of alert and the fifth through the last subscriber contacts within 15 minutes of alert. The contractor will continue to telephone the first subscriber contact until successful. If any second through fourth subscriber contact does not answer, the contractor shall continue with the subsequent subscriber contacts and then return to the subscriber contacts that did not respond.

It is expected the central stations digital alarm communicator receiver (DACR) software management system will automatically record the time an alarm signal is received. As well, it is expected this same software management system will record when a call to a particular subscriber is attempted.

The contractor shall provide, as requested, records/log sheets of fire alarm systems activities for the previous thirty (30) day period for each building serviced. The contractor shall also provide log sheets for the week before each fire or other major malfunction of the equipment. The records/logs shall be real-time electronic, read only access. The review of records/logs will be periodically used to ensure the successful

Document Description Page 9 contract holder is providing the services in accordance with the awarded contract and required standards (ie. NFPA 72, 2010).

The contractor cannot be held responsible for things outside of their control (the unavailability of the subscriber to answer, downed or out of service telephonic systems, etc.); therefore the contractor will not be held responsible for a recorded negative contact with a given subscriber as long as the attempt to contact the subscriber was within the specified time standard or faster time stated on Attachment C

The Contractor is not required to guarantee or to warranty the monitored system, including any implied warranty of merchantability or fitness of the monitored system, unless the Contractor performs services (service, maintenance or repairs) to the system, in which case the Contractor, unless otherwise specified herein, shall provide the Contractor’s standard warranty for services provided.

The contractor shall be responsible for all damages due to the negligence of its employees or agents.

All monitoring services shall be performed in accordance with all applicable NFPA Codes.

The Contractor will have available, at no additional cost to the Commonwealth, a communication medium that provides for the following:

…..Secure access and up-to-date account information 24/7.

…..Account management for updates and requesting data changes.

…..Customize site-reporting structures.

The contractor shall start performing the services specified herein at the locations listed herein (and other locations as notified) within fifteen (15) days after contract award.

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.

Document Description Page 10

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 and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Document Description Page 11

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 <http://www.lrc.state.ky.us/kar/200/005/330.htm>.

Section 10 Signing Solicitation An authorized representative shall complete and sign where indicated on the solicitation sheet that is the front page of this solicitation and elsewhere as identified in this solicitation. FAILURE TO DO SO SHALL RESULT IN A NON-

RESPONSIVE BID/PROPOSAL.

Acknowledgment of Addenda to Solicitations It is the vendor's responsibility to check the web site for any modifications to this solicitation. If modifications have been made, the vendor's signature is required on the latest addendum. Acknowledgment shall be received prior to the hour and date specified for receipt of offers. Verbal acknowledgment shall not be accepted.

Failure to acknowledge the latest addendum of this solicitation shall cause the bid to be deemed non-responsive if the latest addendum is material to the procurement.

Section 11 Agencies to be Served This contract shall be for use by the following agencies of the Commonwealth of Kentucky:

Department for Facilities and Support Services

The owner reserves the right, with consent of the contractor, to add additional DFSS locations and items to this contract.

Section 12 Solicitation Submission Requirements Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the bidder. Any response not under sealed cover shall be rejected.

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

Document Description Page 12 http://www.lrc.state.ky.us/kar/200/005/330.htm

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

Melissa R. Sachs, CPPO

COMMONWEALTH OF KENTUCKY

Finance and Administration Cabinet

Department for Facilities & Support Services 701 Holmes Street

FRANKFORT KY 40601

The outside cover of the package containing the Bid Response, at a minimum, shall be marked with:

NAME OF SOLICITATION

SOLICITATION NUMBER

NAME OF VENDOR SUBMITTING RESPONSE

DATE AND TIME OF BID OPENING

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFB and shall be considered non-responsive.

Section 13 Method of Award Best Value – Ranking Approach The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Certification Pass/Fail

Price 450 Points Experience 50 Points

TOTAL POINTS 500 Points

Document Description Page 13

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor. VENDOR SHALL ENTER PRICE PER UNIT COST ON EACH LINE ON THE BID SHEET (located on or around page two of Solicitation). If adequate space is not available, the vendor must attach additional information that clearly cross-references the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.).

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. Certification (Pass/Fail) Vendor shall be required to provide a copy of the most current UL Central Monitoring Inspection Certificate issued to vendor. This must be submitted with the bid package.

B. Price (450 points) Lines 1 - 2 Each bidder shall place their bid amount for the unit cost in space provided on line item One and Two above (on or around page 2). The bidder shall also extend the unit bid price by multiplying the unit cost bid by the quantity of 480 and placing the extended total cost in the space provided. The bidder with the lowest price for line item #1 and #2 combined will receive 450 points. The bidder with the next lowest price receives points by dividing the low bidder’s price by the next lowest bidder’s price and multiplying that percentage by the available points.

For example, assume bidder “A” bids $500 then that bidder receives 450 points ($500.00/$500.00 = 1.00 x 450 = 450). Assume bidder “B” is the next lowest bidder at $600.00 then that bidder receives 374 points ($500.00/$600.00 = 0.83 x 450 = 373.50 = 374), etc.

C. Experience (50 Points) Vendors shall be required to show proof of being able to monitor multiple (commercial accounts) facilities (statewide). Bidder must have at least two (2) year of experience monitoring multiple facilities (statewide). Vendor is to provide at least two (2) comparable monitoring contracts. The contracts provided shall be current (not more than five (5) years old) substantiating this requirement, this must be submitted with the bid package. The vendor with the greatest number of years experience (not to exceed 15 for evaluation

Document Description Page 14 purposed) received the maximum 50 points. For example, assume bidder A has 20 years experience then that bidder receives 50 points. Assume the next bidder has 5 years experience then that bidder receives 17 points (5/15 = 0.33 x 50 =

16.5 = 17). Any bidder with less than 2 years experience will be considered non-responsive.

Number of years of experience: __________________________ (Vendor shall provide with bid response, information/documentation that will enable buyer to verify the number of years monitoring multiple facilities in the fire alarm system monitoring business. See Additional Terms and Conditions, Experience section for more detail.)

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

Document Description Page 15 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 Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. 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 indentified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

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

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder- affidavit form included. 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.

Document Description Page 16

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 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.

Document Description Page 17

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

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

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

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

Section 20 Manuals and Distribution of Literature Instruction and operating manuals shall be furnished for all equipment installed. Upon request, the vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 21 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Finance and Administration Cabinet, 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

Document Description Page 18 contract. This report must reference usage by brief description, product number or other format designated by the Finance and Administration Cabinet.

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 Finance and Administration Cabinet buyer 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 buyer for the Finance and Administration Cabinet. 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 Finance and Administration Cabinet buyer for settlement.

Section 26 Addition or Deletion of Items or Services The Finance and Administration Cabinet buyer reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation.

Document Description Page 19

The Finance and Administration Cabinet buyer 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 Finance and Administration Cabinet buyer.

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 Finance and Administration Cabinet buyer in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 29 Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. Payments made by state issued procard shall not incur any additional fees.

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

Document Description Page 20 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 July 16, 2019 & 4:00 PM 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.

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:

Melissa Sachs

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Department for Facilities & Support Services 701 Holmes Street

FRANKFORT KY 40601

(502) 782-0033

Melissa.sachs2@ky.gov

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

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

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

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

Section 32

Document Description Page 21 mailto:Melissa.sachs2@ky.gov

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 Finance and Administration Cabinet buyer 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 Finance and Administration Cabinet buyer. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

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

Section 34 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

Section 35 Governing Law This solicitation shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this solicitation shall be brought in state or federal court in Franklin County, Kentucky in accordance with

KRS 45A.245.

Section 36 Protest

Document Description Page 22

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

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be filed with Secretary of the Finance and Administration Cabinet by personal delivery, U.S. mail, or by a private express mail service to the address below. The Secretary of the Finance and Administration Cabinet shall not accept a protest submitted by electronic transmission, including facsimile transmission or electronic mail:

William M. Landrum III, Secretary

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

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

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

Section 37 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to…