Final_RFB_785_2200000218_1_SO_FORM.PDF

Document ID: RFB 785 2200000218 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Sprinkler Services and Repairs

Date Issued:

10/14/2021 Record Date:

2021-10-14

Solicitation Closes Date:

10/28/21 Time:

09:00

Solicitation No:

RFB 785 2200000218

Online Bidding Prohibited: Yes For Information Call:

Kyla Satterly 502-782-0033

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 785 2200000218 Page: 2

Line Items

Commodity Group: Default

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

1 Sprinkler System Service and Repairs 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

34084 Sprinkler Heads and Systems

Extended Description The purpose of this solicitation is to establish a Master Agreement for sprinkler system service and repairs (labor and materials at the job site) as necessary for the operation of State owned and operated buildings managed by the Finance and Administration Cabinet, Department for Facilities and Support Services. This contract is established for use by the Division of Mechanical Services, Department for Facilities and Support Services.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 785 2200000218 Page: 3

Submission Checklist

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

Item Price - Labor Straight Time Price - Materials Fixed Fee-Adder Price - Sub-contractor Fixed Fee-Adder Warranty Response Time

Revised 02-04-2020

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 12)

_____Fire Protection Sprinkler Contractor’s License and/or Certificate

_____Bid Response Table (see Attachment C)

_____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 Attachment B)

_____EEO FORMS IF APPLICABLE (see Section 34)

Document Description Page 4

2200000218 Sprinkler Services and Repairs

Request for Bid (RFB)

For Sprinkler System Service and Repairs

RFB 758 2200000218

Issued by The Finance and Administration Cabinet, Division of Engineering and Contract Administration On Behalf Of

Office of Building and Mechanical Services

Release Date: October 14, 2021 CLOSING DATE AND TIME: October 28, 2021 9:00 a.m.

Commonwealth Buyer:

Kyla Satterly

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Department for Facilities & Support Services

Bush Building, 403 Wapping St.

FRANKFORT KY 40601

kyla.satterly@ky.gov

Document Description Page 5 mailto:kyla.satterly@ky.gov

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 and https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation

Terms and Conditions

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), issues this solicitation for sprinkler system service and repairs as necessary for the operation of buildings owned and managed by the Finance and Administration Cabinet, Department for Facilities and Support Services.

Section 2 Bid Specifications

The successful contractor(s) shall provide all materials, equipment (rental, if necessary), tools (including hand tools), labor and supervision required to maintain, service and repair the sprinkler systems in the facilities listed herein. The Division of Mechanical

Document Description Page 6

2200000218 Sprinkler Services and Repairs https://finance.ky.gov/eProcurement https://finance.ky.gov/eProcurement https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

Services primary using agency representative (UAR) will be responsible for initiating the necessary repairs to be performed by the contractor. Equipment rental requires prior approval of the designated UAR. The project work will be conducted primarily in state office building(s) listed in an attachment to this solicitation document.

MATERIALS AND EQUIPMENT

The materials used to make repairs will be provided at the contractor’s actual cost plus a fixed-fee adder bid by the contractor. The fixed fee adder (FFA) brackets are contained in the attached solicitation bid response table.

The “Solicitation Bid Response Table” has labor cost and fixed fee adder lines for bidding purposes. It also has a “Materials Cost” line item for the purchasing agency to use for payment of materials used in connection with the fixed-fee adder line items. For example, using the fixed fee adder bracket $320.01 - $640.00 in the Line Item Cost Table, and assume a repair requires a total material(s) cost of $423, and assume a vendor bid $15 for that FFA group, then line item 16 would be used for the payment of the total materials cost and line item 9 would be used for the fixed fee adder cost ($15) to be added to the materials cost for the total FFA and materials cost ($423+$15= $438) for the repair. Assume another repair had a total materials cost of $210 then again line 16 would be used by the purchasing agency for the materials cost of $210 and line item 8 would be used for the fixed fee adder (and assume $12.50 was bid for that group) then the total materials cost would be $222.50 ($210+$12.50). The bid table also includes a FFA Sub-Contractor subtotal group. See the Best Value Section below for further details.

All materials, parts, components, etc., used for repairs, shall be original equipment manufacturers (OEM) products, or factory approved equal products, or Owner (DFSS) approved products.

The master agreement awarded from this solicitation is based on anticipated needs and all items and quantities indicated herein are purely estimates. There are no implied or expressed guarantees regarding a minimum number of orders or dollar amount associated herewith. The Commonwealth is only required to issue orders and make payments for actual requirements and orders determined necessary by the Division of Mechanical Services.

Contractor Responsibilities –

All work performed by the Fire Protection Sprinkler Contractor shall be in compliance with all applicable trade mandates. This includes KRS Chapter 198B and other applicable mandates. This includes KRS Chapter 198B and other applicable mandates, the current Kentucky Building Code (KBC) edition and/or current Kentucky adopted editions of applicable National Fire Prevention Association (NFPA) codes and standards (i.e. NFPA 13 and NFPA 25).

Document Description Page 7

Where a situation requires modifications to the existing Plumbing and/or Sprinkler system infrastructure, the Contractor shall contact the DMS UAR for direction and/or approval before proceeding.

Note: The Kentucky Revised Statute (KRS) Chapter 198B requires the successful Contractor to hold a Fire Protection Sprinkler Contractor’s License and/or Certificate. A copy of the current license(s) must be submitted with the bid response to be kept on file during the contract period.

Contractor will submit daily timesheets of all employees on site with actual hours worked at the end of each workday. These timesheets will need to be signed and verified by client representative. If client representative is not available, time sheets shall be stamped via time clocks located in the mechanical room.

Contractor will provide on-site supervision or contact person to call if there is a problem while contractor personnel are working on site.

All contractor communications/documentation/invoices, etc shall reference the contract number and a specific order number and job number for the project and work authorized under the contract. A Division of Mechanical Services representative (normally the UAR) will provide an order number and job number for each separate repair. The order number and project number must appear on all contractor invoices, supplier invoices and timesheets being submitted for payment.

Contractor shall report to work at the jobsite within two (2) hours of notification for emergency work. The Contractor shall report within two (2) business days of notification for non-emergency work. Emergency work is defined as immediate repairs necessary to protect public property and the safety of the public and public employees, the failure of which would result in significant property damage and/or present a health and safety hazard to the public and occupants.

Contractor shall provide qualified, skilled personnel to conduct work.

Any contractor personnel reporting to work intoxicated or under the influence of drugs or other type misbehavior shall be removed from the site and will not be entitled to “show up” pay or any other means of compensation.

Contractor will be responsible for obtaining sprinkler system permits, any local permits and/or scheduling all inspections, including final inspection. The contractor will be reimbursed for the actual cost for all required permits/fees/licenses, unless otherwise exempt by the Commonwealth.

The Contractor shall guarantee all new installation work to be free from defects of workmanship for a period of not less than one (1) year from the date of acceptance

Document Description Page 8 of the work. The Contractor shall also guarantee all repair work to be free from defects of workmanship for a period of not less than ninety (90) days from the date of acceptance of the work. See Best Value Section below for best warranty consideration.

Minor operational supply items (i.e. solder, propane/mapp, sandpaper, gloves etc) shall be included in the service provider’s hourly rate.

System and/or Building Outage

The contractor shall not disable any functioning or partially functioning system(s), unless addressing a life safety issue, without prior authorization by DFSS DMS authorized personnel. Failure to obtain prior authorization may result in the Contractor being liable for incidental, consequential or punitive damages associated with the unauthorized outage.

Labor Rates

Straight Time – normal hourly rate based on 8 hours (or less) per day and/or 40 working hours (or less) per week on the FAC DFSS DMS jobsite.

Overtime – hourly rate for hours worked over 8 hours per day and/or 40 hours per week on the FAC DFSS DMS jobsite.

Overtime

Overtime work, if authorized by DMS shall be billed at 1.5 times the regular time rate.

Additional line items will be incorporated in the contract awarded from this solicitation for each labor rate line for overtime at 1.5 times the regular time bid. Prior approval of DMS shall be obtained for all Overtime work/hours provided under the contract awarded from this solicitation. No overtime will be authorized during DMS normal working hours (7:30 a.m. to 4:30 p.m.), Monday through Friday.

Commonwealth Responsibilities

Commonwealth Divisions of Building Services or Mechanical Maintenance & Operations will provide advance notice to contractor for assistance unless it is an emergency, then the successful contractor shall be onsite within two (2) hours after notification.

Commonwealth will guarantee up to a total of three (3) hours compensation for the assigned work. If the Commonwealth’s representative schedules contract assistance and cancels for circumstances beyond their control, contract employee(s), if they show up at site, ready to work, will be paid one (1) hour “show” time.

General Information

Document Description Page 9

Normal work hours at the site are from 7:30 a.m. to 4:30 p.m., Monday through Friday.

If work is to be conducted beyond these hours, arrangements will have to be made with the Division of Mechanical Service representative. Building access will be provided to the contractor and monitored by the Commonwealth.

Payment

The successful contractor will be paid for labor and materials, at the prices contained in the contract awarded from this solicitation. The contractor shall provide an invoice approved by the company payroll officer with a detailed breakdown of labor and materials provided under each delivery order authorized by the owner. The labor costs shall be at the rates contained in the contract. The labor breakdown shall reflect an hour by hour payroll register for each individual paid under the contract. An example of an acceptable payroll breakdown may be provided upon request.

Supplier Invoices

The contractor shall also attach a copy of his supplier’s invoices for all items purchased for a given repair/project. The invoice shall be annotated to reflect the items (including quantities and cost) used in the repair, the location of the repair, the Master Agreement contract number, and the agency purchase order issued by the agency authorizing the work/repair.

The contractor may, with prior approval of DMS, where it is more reasonable and practical to obtain items from the Contractor’s inventory, provide the items and clearly indicate on the Contractor’s invoice, the following statement, signed by an authorized agent of the Contractor. “I hereby affirm that the items, as indicated hereon, have been provided from my inventory and are billed at, or below, my actual “out of pocket” cost, when purchased.” The statement shall be signed and dated by the authorized Contractor representative.

Travel time and expenses shall not be allowed under this contract. See paragraphs entitled “Invoices” and “Payments” in the Solicitation Instructions and Conditions Section below for additional information.

Cost associated with permits or inspections will be reimbursed at actual cost and a copy of actual fees paid must be attached to the invoice.

Additional Requirements

Cleanup

The Contractor shall keep the job site policed and clean at all times. Trash and Debris shall be cleaned out and removed daily and the premises shall be kept in satisfactory

Document Description Page 10 condition acceptable to the agency. Cleanup and job site conditions shall comply with all applicable regulatory mandates.

Damage to Facilities

The contractor shall repair and/or replace damaged facilities caused by work performed under this contract.

Contractor’s Obligations

The Contractor shall, in good workmanlike manner, do and perform all work and furnish all equipment, supplies and materials necessary to properly perform and complete all work required under this contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of employees and equipment used in connection with this contract and shall perform all work to the satisfaction of the agency.

Experience - Years in Business

Unless otherwise authorized by DECA, the successful Contractor is required to be licensed and to have been in the Sprinkler system Contracting Services (new construction or repairs) Business “full-time” for at least a minimum of five (5) years prior to bidding on this contract. Each bidder shall provide information that will enable the buyer to verify the number of years in the sprinkler system repairs business.

Bidders with recent (expired less than 6 months prior) or current State contracts in this discipline/trade may be exempt from this requirement. Bidder may be required to provide documentation to enable purchasing agency to verify same.

Bidder’s Qualifications

Each bidder should provide your qualifications to perform this work. Qualifications should include, but not necessarily be limited to, number of personnel available for this project and experience and credentials; equipment available by type, kind and condition; inventory and product sources, administrative support and financial resources and support or other approved appropriate information. Should the bidder fail to provide adequate information, the Purchasing Official shall have the right to make such inquiry as deemed necessary to determine the ability of the offeror to perform the work in a prompt and efficient manner in accordance with the contract. Failure of the offeror to promptly supply information in connection with the Purchasing Official’s inquiry may be grounds for a determination that such offeror is non-responsive. Unless otherwise specified, incumbent contract holder is exempt from this bidder’s qualification requirement. Bidders with recent (expired less than 6 months prior) or current similar Kentucky state contracts in this discipline/trade may be exempt from this requirement.

Bidder may be required to provide documentation to enable purchasing agency to verify same.

Document Description Page 11

Inspection and Acceptance

All work shall be inspected by the agency inspector and shall be acceptable and approved by the agency before payment is authorized.

All work shall be guaranteed to be free from defects of materials and workmanship, for new installations, for a period of not less than one (1) year from date of acceptance and approval of work. All other repairs shall be guaranteed to be free from defects of labor and workmanship for a period of not less than ninety

(90) days from the date of acceptance of the work. The Contractor shall correct (replace or repair) all defects in materials and labor to the satisfaction of the agency within fifteen (15) days after written notification by the agency purchasing official or agency representatives or authorized designees.

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

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified.

It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

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

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four

(4) additional 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

Document Description Page 12

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

Section 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/ specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/kar/200/005/330.htm>.

Section 10 Signing Solicitation The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of

Document Description Page 13 http://www.lrc.state.ky.us/kar/200/005/330.htm the solicitation as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

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

Finance and Administration Cabinet, Department for Facilities and Support Services

Section 12 Solicitation Submission Requirements Proposals shall be submitted via Secure File Transfer on https://ftp.ky.gov ONLY.

Bids are no longer accepted via postal carrier (USPS, UPS, FED EX, etc.)

nor can bids be delivered to the Bush Building. All forms in your bid document shall be completely filled out when your bid is submitted. Bids must be submitted electronically through MOVEit in order to be accepted. Instructions are included in the solicitation. Contractors must load their Bid Documents under the corresponding RFB in MOVEit in order for it to be received. IF BID IS NOT UPLOADED IN THE CORRECT FOLDER IN MOVEit, THE BID WILL BE DEEMED NON-RESPONSIVE. Bidders are encouraged to take a screen shot verifying bid submittal. This is a secure website, no one can see these bids but the buyers. They are date and time stamped when submitted.

NOTE: Your bid must be uploaded prior to the bid closing date and time. THE

UPLOAD TIME MAY VARY DUE TO THE SIZE OF YOUR BID/PROPOSAL AND/OR

INTERNET SPEED. NO LATE BIDS WILL BE ACCEPTED.

Bidder assumes full responsibility for timely delivery of the bid in compliance with the above described procedures and conditions.

There will be a public bid reading by conference call on the bid opening date at 9:30 a.m. Eastern Time.

The dial in number is 502-782-2663 or 844-603-5060.

Participant code is 960605#

Section 13 Method of Award Best Value – Ranking Approach

Document Description Page 14 https://ftp.ky.gov

The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

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

Measurable Criteria:

Price - Labor (Straight Time) 175 Points Price – Materials Fixed Fee-Adder 45 Points

Price – Sub-Contractor Fixed Fee-Adder 30 Points Warranty 25 Points

Response Time 25 Points

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor. VENDOR SHALL ENTER UNIT PRICE AND TOTAL PRICE ON THE BID SHEET. 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.

Bidders are reminded to place bid information in the “Solicitation Bid Response Table” that is attached to this solicitation document.

A. PRICE – Labor (Straight Time) (175 points) Each bidder shall place their bid amount for the unit cost in the space provided in line 1 in the Bid Response Table. The bidder with the lowest allowable subtotal price for the labor line item receives 175 points. The bidder with the next lowest subtotal labor price receives points by dividing the low bidder’s subtotal price by the next lowest bidder’s subtotal price and multiplying that percentage by the

Document Description Page 15 available points. For example, assume the low subtotal bid for the labor line item is $50 then that bidder receives 175 points ($50/$50 = 1.00 x 175 = 175). Assume the next low bid is $60 then that bidder receives 145 points ($50/$60 = 0.83 x 175 =

145.25 = 145), etc.

B. PRICE – Materials FFA (45 points) Each bidder shall place their bid amount for their “fixed fee adder” in each applicable FFA line item (lines 2 – 15) on the Bid Cost Table. The fixed fee adder is the amount to be added to the total materials cost within each applicable bracket that the contractor uses for each repair order and the fixed fee adder will be added to the total materials cost in that bracket. The bidder with the lowest subtotal fixed fee adder cost for the FFA subtotal line items receives 45 points. The bidder with the next lowest subtotal total cost receives points by dividing the lowest bidder’s subtotal cost by the next low bidder’s subtotal cost and multiplying that percentage by the available points. For example, assume the low subtotal bid for materials fixed fee adder group is $150 then that bidder receives 45 points ($150/$150 = 1.00 x 45 = 45). Assume the next low subtotal bid is $200 then that bidder receives 41 points ($150/$200 = 0.75 x 45 = 33.75 = 34), etc.

If zero (0) is the subtotal response, 0.01 will be used for calculation purposes. If a subtotal value is received greater than the allowed subtotal value indicated ($287.50), the bid response will be considered “nonresponsive”. Also note that in the event the UCB fields, adjacent to the Maximum Unit Cost Allowed (MUCA) fields, are not completed, it will be interpreted to mean that you are bidding the MUCA amounts as indicated. Remember subtotals are used to calculate best value points, not individual brackets.

C. PRICE – Sub-Contractor FFA (30 points) The bidder with the lowest subtotal cost in the space provided on the Bid Response Table will receive the maximum score (30 points). The bidder with the next lowest subtotal cost will receive points by dividing the lowest price by the next lowest and multiplying that percentage by the available points. For example assume bidder A has the lowest subtotal price at $200 then he will receive 30 points. Assume the next low was $300 then he would receive 20 points ($200/$300 = 0.67 x 30 = 20.1 = 20) etc. If zero (0) is the subtotal response, 0.01 will be used for calculation purposes. If a subtotal value is received greater than the allowed subtotal value indicated ($380), the bid response will be considered “nonresponsive”. Note: In the event the UCB fields, adjacent to the Maximum Unit Cost Allowed (MUCA) fields, are not completed, it will be interpreted to mean that you are bidding the MUCA amounts as indicated.

D. WARRANTY (25 points) The successful Contractor shall guarantee all new installation work to be free from defects of workmanship for a period of not less than one (1) year from the date of acceptance of the work. The Contractor shall also guarantee all repair work to be free from defects of workmanship for a period of not less than ninety (90) days from the date of acceptance of the work. The following warranty table for new installations

Document Description Page 16 allocates best value points based on the bidder’s response. All warranty information and documentation must be submitted with offer. If, during the life of the contract, the contractor fails to meet warranty requirements the vendor history file will be documented and this documentation will affect future contract awards.

Warranty Mo

60 54 48 42 36 30 24 18 12

Points 25 21 18 15 12 9 6 3 0

(Must be completed by bidder on the attached Bid Response Table for considered) (Failure to enter a number will be interpreted to be 1 year and you will receive no best value points for this criterion) Entering a value for less than one year for new installations will invalidate your bid.

E. Response Time (25 points)

The successful contractor shall respond to the work site for emergency calls within two (2) hours, or less. Response times sooner than 2 hours will be given best value consideration based on the values indicated in the following table.

Bidders are reminded to complete the best value “response time” space below this table.

Minutes < 30 < 60 < 90 < 120 Points 25 20 15 0

(Must be completed by bidder on the attached Bid Response Table for considered) (Failure to enter a number will be interpreted to be 120 minutes (or less) and you will receive no best value points for this criterion) Entering a number greater than 120 minutes (2 hours) will invalidate your bid.

The successful contractor agrees that when the response time is not met, unless due to conditions beyond the Contractor’s control, to be determined by DMS, that one-half of 1 percent (0.5%) = (0.005) shall be deducted from the contractor’s invoice for each hour the contractor fails to meet the contracted response time.

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.

Document Description Page 17

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

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

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

KRS 45A.492 Legislative declarations.

The General Assembly declares:

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

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

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

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

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

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

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

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

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

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

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Annual Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder

Document Description Page 18 status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

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

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation:

Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 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

Document Description Page 19 holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification.

If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B: Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

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

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

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

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

Section 18 Equipment

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

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

Section 23 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such

Document Description Page 21 action is taken, the contract shall be null and void upon receipt of a Modification from the Office of Procurement Services canceling the contract.

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

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

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

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

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

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

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this solicitation. It is further agreed between the parties, that any valid modification of

Document Description Page 22 contractual agreement must be formalized by issuance of a Contract Modification from the Office of Procurement Services.

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

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

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

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

Section 31 Inquiries

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, or fax), concerning this procurement shall be addressed to:

Commonwealth Buyer Kyla Satterly

Kyla.satterly@ky.gov

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

# The Commonwealth Buyer cited in this solicitation # Commonwealth representatives during the site visit

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.

SITE VISIT INFORMATION:

There will not be a pre-bid or scheduled site visit on this project. Interested contractors must contact Danny Brooks at (502) 330-3410 to schedule a time if they wish to visit the site. Contractors must make an appointment to visit the site.

IMPORTANT: Please follow current state COVID guidelines for all Commonwealth of Kentucky construction…