Final_RFB_785_2300000849_1_SO_FORM.PDF

Document ID: RFB 785 2300000849 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Motor/Pump Repairs FFA

Date Issued:

06/27/2023 Record Date:

06/27/2023

Solicitation Closes Date:

07/19/2023 Time:

14:00

Solicitation No:

RFB 785 2300000849

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 2300000849 Page: 2

Line Items

Commodity Group: Default

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

1 Motor/Pump Repairs

Comm Code Comm Description Manufacturer Model # Manuf Part #

92941 Engines And Motors, Industrial, Maintenance and Repair

Extended Description Motor/Pump Repairs Fixed Fee Adder (FFA) as necessary for the operation of the Frankfort Area Locations and various locations.

Shipping Information

Billing Information Finance - Office of Building & Mechanical Services

701 Holmes St

Frankfort KY 40601

Document ID: RFB 785 2300000849 Page: 3

Submission Checklist

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

Item

BID SUBMISSION

BID SUBMITTAL:

Bids are no longer be 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.

Please note that the instructions for MOVEit state that contractors will be notified when their bid is received. Buyers will NOT be notifying contractors.

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

2:30 PM, ET.

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

Participant code is 45182#

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

Document Description Page 4

2300000849 Motor/Pump Repairs FFA

The following items MUST be submitted with bid:

If the items are not submitted with the bid submission, the Commonwealth MUST deem the bid non-responsive and SHALL NOT consider for award.

____FACE OF SOLICITATION – VENDOR INFORMATION COMPLETED AND

SIGNED

(The face of the latest addenda must be signed and submitted)

_____ BID SHEET – COMPLETED

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

APPLICABLE (see Section 37)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY IF APPLICABLE (see Section 39)

_____REQUIRED AFFIDAVIT(S)

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

_____EEO FORMS IF APPLICABLE (see Section 34)

_____CERTIFICATE OF INSURANCE

Document Description Page 5

ATTACHMENT A

Request for Bid (RFB)

For Motor/Pump Repairs FFA

RFB 785 2300000849

Issued by The Finance and Administration Cabinet

Division of Engineering and Contract Administration On Behalf Of

Office of Building and Mechanical Services Division of Mechanical Services

Release Date: June 27, 2023

CLOSING DATE AND TIME: July 19, 2023

Commonwealth Buyer:

KYLA SATTERLY

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Division of Engineering and Contract Administration Kyla.satterly@ky.gov

Document Description Page 6 mailto:Kyla.satterly@ky.gov

BID READING

Any person wishing to hear the bid reading may call the conference line at 502-782-2663 OR 844-603-5060, Participant

Code 45182#, at 2:30pm, ET on the bid closing date.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

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

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

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

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

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

Document Description Page 7

2300000849 Motor/Pump Repairs FFA https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Finance and Administration Cabinet, Division of Engineering and Contract Administration on behalf of the Department for Facilities and Support Services (DFSS), Division of Mechanical Services (DMS) issues this solicitation to establish a Master Agreement for: Motor/Pump Repairs Fixed Fee Adder (FFA) as necessary for the operation of the Frankfort Area Locations and various locations.

Section 2 Master Agreement Specifications The Department for Facilities and Support Services (DFSS) maintains and operates approximately 6.5 million square feet of state owned buildings, primarily in the Frankfort, Kentucky location. Some of these state owned buildings are historical structures that need constant repair and maintenance work in order to keep the building up and running. In order to maintain the current existing structures in the Frankfort and various locations, the Commonwealth needs a qualified, licensed vendor to perform motor and pump repairs (labor and materials at the job site or vendor offsite location), on an as-needed-basis. Vendor shall have a functional shop for motor repair, pump repair and tool & dye capabilities.

Pricing shall include regular, emergency, and after hours’ labor rates and the vendors actual cost plus a fixed-fee adder bid by the vendor. The pricing sheet (ATTACHMENT B) fixed-fee adders (FFA) brackets are located at or near the end of the solicitation document in the bidder’s response table. The quantities are purely estimates and are not guaranteed. See Additional Terms and Conditions, Materials and Equipment for additional information on FFA.

General Requirements:

1. Installation/Repairs/Replacements: The Vendor shall furnish all labor, supervision, materials, equipment (rental, if necessary) and expertise necessary to maintain, service, and repair the defective motors and/or pumps in the facility(s) located in the Frankfort and various locations as directed by DFSS/DMS UAR. The vendor shall provide a proposal for each job to UAR before work is to begin. The DFSS or UAR shall approve all products being used and a Delivery Order obtained before work is to begin. Repairs are to be performed during Regular working hours at the labor regular hourly rate provided on pricing sheet

Document Description Page 8

(ATTACHMENT B – Line #1 and #4)(NOTE: Minor operational supplies items, ie. duct tape, sheet metal screws, gloves, etc, shall be included in the Regular hourly rate). Regular working hours are from 7:30 AM to 5:00 PM EST, Monday through Friday. The Vendor shall make all effort to reduce to a minimum any inconvenience to building occupants at DFSS or Using Agency properties.

2. Emergency Services: The Vendor shall furnish all labor, supervision, materials, equipment (rental, if necessary), and expertise necessary to perform emergency response services upon request/authorization by the UAR in accordance with the labor emergency response rates provided on pricing sheet (ATTACHMENT B – Line #2 and #5) located at or near end of the solicitation document. The Vendor shall provide emergency services 24 hours a day, 365 days a year. Emergency Services require a service technician’s arrival at the destination for assessment within three hours of the service call. If work is deemed an Emergency Service, work may begin without Delivery Order, but must be approved by DFSS Director or UAR before invoice is paid.

3. After Hour Services/Weekend: The Vendor shall furnish all labor, supervision, materials, equipment (rental, if necessary), and expertise necessary to perform After Hour services upon request/authorization by the UAR in accordance with the labor after hours’ hourly rate provided on pricing sheet (ATTACHMENT B – Line #3 and #6). After Hour Services should NOT occur on a regular basis, however may be required on occasion. Any After Hour work must be approved by DFSS Director or UAR and a Delivery Order obtained before work is to begin.

4. Materials Cost: The Vendor shall provide all materials, parts, components, etc., used for each repair/replacement. The DFSS and/or UAR shall approve all products being used and a Delivery Order obtained before work is to begin. If work is deemed an Emergency Service work may begin without Delivery Order, but must be approved by DFSS Director or UAR before invoice is paid. The Vendor shall attempt in every way practical to insure that the materials provided under this contract are at the lowest possible cost to the Commonwealth and are comparable to or less than those prices charged to the contractors most favorable customers. NOTE: All material supplied shall be institutional, industrial, and/or commercial grade, whichever is more stringent, in accordance with the standards of the industry. The vendor will work with the UAR to determine delivery times and update the UAR weekly of the delivery schedule and any delays.

Experience Unless otherwise authorized by DECA, the successful Contractor is required to be licensed and to have been in the Motor/Pump Repair Contracting Services Business “full-time” for at least five (5) years prior to bidding on this contract. Each bidder shall

Document Description Page 9 include with bid response, information that will enable the buyer to verify the number of years in the Motor/Pump Repair business.

Vendor shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances and codes and secure and maintain any licenses, permits and or certifications required to provide the services under the awarded contract.

Insurance The Vendor shall provide, unless otherwise specified herein, insurance with no deductibles for the following types and amounts:

1. Commercial General Liability ($1,000,000 combined single limit per occurrence for bodily injury and property damage with a $1,000,000 annual aggregate).

2. Workers’ Compensation and Employers Liability (Worker’s Compensation limits as required by the Labor Code of the Commonwealth of Kentucky and employers liability limits of $1,000,000 per accident).

3. The Contractor will require the Insurer to provide a Certificate of Insurance that shall indicate the Commonwealth and its agents as an additional named insured for the contract resulting from this solicitation. The certificates must be provided to the agency before any work is performed under the contract. Failure to provide the insurance coverage and certificates as required within twenty-one (21) days after receipt of contract will be considered breach of contract and grounds for contract termination. The Contractor shall keep current copies of the certificates on file during the contract period and shall provide the agency with current copies as updated.

4. The insurance shall be indorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the agency.

5. The insurance coverage shall be in compliance with the laws of the

Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky.

Site Preparation Vendor shall prepare site in good workmanlike manner, do and perform all work and furnish all equipment, supplies and materials necessary to properly perform and complete all required under this contract. The Vendor alone shall be responsible for the site preparation for the safety, efficiency and adequacy of employees and equipment

Document Description Page 10 used in connection with this contract and shall perform all work to the satisfaction of the agency.

Site Hazardous Materials In the event the Contractor unexpectedly encounters on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the Owner. The work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless. The work in the affected area shall be resumed in the absence of any classified hazardous substances/materials or when it or they have been rendered harmless.

Site Safety Vendor shall practice acceptable safety precautions so as not to cause harm to any persons or property while performing services under the resulting contract. Vendor shall follow industry safety standards, and use only industry approved safety equipment in accordance with the manufacturer’s specifications in the performance of all duties.

Vendor shall maintain at all times all equipment in proper and safe operating conditions in accordance with the manufacture’s specifications. Vendor must be cognizant of safety at all times. Vendor shall exercise extreme caution around pedestrians and parked cars.

Vendor shall clearly mark all work areas that might endanger the health and safety of building occupants, guests, or any other persons. Vendor will provide such signs, markers and barricades as required to identify all work areas and minimize inherent dangers.

Site Cleanup The Contractor shall at all times keep the Project premises and surrounding area free from the accumulation of waste materials or rubbish caused by vendors operations in connection with the Project. Upon completion of the work and prior to final inspection and acceptance, the Contractor shall remove all remaining waste materials, rubbish, contractor’s construction equipment, tools, machinery, and surplus materials and leave the project in a clean and usable condition satisfactory to the Owner, or the Owner’s agent. If the contractor fails to clean up as provided in the contract documents, the owner may perform the cleaning tasks and charge the cost to the contractor.

Damage to Facilities The Vendor shall repair and/or replace damaged facilities caused by work performed under this contract.

System and/or Building Outage

Document Description Page 11

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

Delayed Repair/Replacement If Repair/Replacement is not made on the contracts due date, one percent (1%) per day will be deducted from the vendor’s invoice for each day that Repair/Replacement is past the due date.

Product Recall Procedure Vendor agrees that recall notification will be provided, regardless of level, in writing to the using agency i.e. by phone or by direct email. The notices will include a complete product description and/or indemnification, Contract number, Delivery Order number, and disposition instructions. Upon notification, vendor shall replace, pick up and/or accept agency returned item(s), test, destroy or return recalled products to the manufacture at no expense to the using agency. The Vendor agrees to issue replacement of product or credit for any product that is recalled, giving the purchasing agency the option of accepting either credit or replacement in exchange for the recalled products.

Invoices Invoices shall be prepared and transmitted to the using agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified. Invoices shall contain, at a minimum, the following information:

1. Contract number (and Delivery Order number, if any), and

2. Contract item numbers (when and where available), and

3. Mark-up margin (fixed fee) for all items used, and

4. Brief Description of supplies or services, sizes, quantities, unit prices, and extended totals.

5. Supporting materials cost documentation if requested by UAR. The Finance and Administration Cabinet or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or review if requested.

6. Supporting timesheets of all employees on site with actual hours worked shall be provided by vendor in order to support claimed work hours on invoice.

Invoices that contain terms and conditions in contradiction with the terms and conditions contained herein may be rejected and may not be paid until the conflicting terms and conditions have been removed from the invoice or acknowledged by the vendor as “not applicable” to this contract by the authorized vendor’s agent.

MATERIALS AND EQUIPMENT

Document Description Page 12

The Contractor shall provide all materials and equipment (including rental equipment, if necessary) in conjunction with the required repairs necessary to maintain the facilities as directed by the DFSS or UAR.

The materials used to make repairs/replacements will be provided at the contractor’s actual cost plus a fixed-fee adder bid by the contractor. The fixed fee adder (FFA) brackets (ATTACHMENT B) are located at or near the end of the solicitation document in the bidder’s response table.

The “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 Line Item Cost Table, and assume a repair requires a total material(s) cost of $423, and assume a vendor bid $20 for that FFA group, then line item 21 would be used for the payment of the total materials cost ($423) and line item 14 would be used for the fixed fee adder cost ($20) to be added to the materials cost for the total FFA and materials cost ($423+$20= $443) for the repair.

Assume another repair had a total materials cost of $210 then again line 21 would be used by the purchasing agency for the materials cost of $210 and line item 13 would be used for the fixed fee adder (and assume $15 was bid for that group) then the total materials cost would be $225 ($210+$15).

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

The contractor shall attempt in every way practical to insure that the materials provided under the contract are at the lowest possible cost to the Commonwealth and are comparable to or less than those prices charged to the contractors most favorable customers.

Subcontractors All subcontractors work requires prior written approval by the UAR or UAR authorized designee before work is to be performed. When and where used, the FFA amounts eligible to be used in connection with this contract will be contained in the Line Item Contract Cost Table (ATTACHMENT B) which will be created from the successful bidders “ATTACHMENT B Bid Response Table”. The contract holder is responsible to ensure the sub-contractor is in compliance with all applicable mandates associated with the work and contract requirements to be performed under the contract awarded from this solicitation.

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

Document Description Page 13

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 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

Document Description Page 14

Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

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

Section 9 Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Section 10 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

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

Department of Facilities and Support Service Office of Building and Mechanical Services

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

Section 12 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 13 Method of Award Best Value – Ranking Approach

Document Description Page 15

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:

Functional Shop (Yes/No)

Emergency Response Time (Yes/No)

Price Labor (Regular Hours) (175 points)

Price Materials (Fixed Fee Adder) (50 points)

Price Emergency Response (25 points)

Warranty (25 Points)

Experience (25 Points)

TOTAL POINTS 300 Points

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

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

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

Responses shall be entered in the appropriate field on the Bid Response Table

(ATTACHMENT B).

Document Description Page 16

A. FUNCTIONAL SHOP (Yes/No) – A response of “NO” shall deem the bid non-responsive

The bidder must have a functional shop for motor repair, pump repair and tool & dye capabilities. The vendor agrees to allow the Division of Mechanical Services to inspect the vendor’s shop, if they so choose prior to award, to ensure the shop is functional.

B. EMERGENCY RESPONSE TIME (Yes/No) – A response of “NO” shall deem the bid offer non-responsive

The Bidder must respond to any Emergency within 3 hours after the request for service is made by the Using Agency. Vendor must affirm that they will provide the required 3-hour response time for all emergency service calls.

The vendor agrees that when the required emergency response time is not met within the required 3-hour response time, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day that the Vendor fails to meet the contracted emergency response time.

C. PRICE LABOR (Regular Hours) – 175 points

The quantities indicated are the labor estimates for work under the proposed contract. Each bidder shall place their bid amount for the unit cost in each applicable line item in the Bid Response Table (ATTACHMENT B). The bidder with the lowest price for the labor (Regular Hours) line item #1 and #4 combined receives 175 points. The bidder with the next lowest labor 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 the low bid for labor (Regular Hours) line item combined is $30.00 per hour then that bidder receives 175 points ($30.00/ $30.00 = 1.00 x 175 = 175). Assume the next low bid is $35.00 then that bidder receives 151 points ($30.00/$35.00 = 0.86 x 175 = 150.5 = 151), etc.

D. PRICE MATERIALS (Fixed Fee Adder) – 50 points

The fixed fee line items contain an estimated number of repair and replacement calls within the reflected material cost brackets for each line item. Each bidder shall place their bid amount, if any, (ATTACHMENT B) for their “fixed fee adder” in each applicable FFA line item. 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

Document Description Page 17 total materials cost in that bracket. The estimated quantities for material fixed fee adders are extended to arrive at the total estimated fixed fee adder cost. The bidder with the lowest subtotal fixed fee adder cost for the FFA line items (Lines 7 -20 subtotal) receives 50 points. The bidder with the next lowest subtotal cost receives points by dividing the lowest bidder’s cost by the next low bidder’s cost and multiplying that percentage by the available points. For example, assume the low bid for fixed fee adder subtotal group is $100 then that bidder receives 50 points ($100/$100 = 1.00 x 50 = 50). Assume the next low bid is $330 then that bidder receives 46 points ($100/$110 = 0.91 x 50 = 45.5 = 46), etc.

E. PRICE EMERGENCY RESPONSE – 25 points The quantities indicated are estimates for work under the proposed contract. Each bidder shall place their bid amount for the unit cost in each applicable line item in the Bid Response Table (ATTACHMENT B). The bidder with the lowest price for the Emergency Response price line item #2 and #5 combined receives 25 points. The bidder with the next lowest Emergency Response 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 the low bid for labor (Emergency Response) line item combined is $50.00 per hour then that bidder receives points ($50.00/$50.00 = 1.00 x 25 = 25). Assume the next low bid is $55.00 then that bidder receives 21 points ($50.00/$55.00 = 0.91 x 25 = 20.7 = 21), etc.

F. 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 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 Months <60

<54 <48 <42 <36 <30 <24 <18 12

Points 25 21 18 15 12 9 6 3 0

Bidder’s longest warranty for new installations:

(Must be completed by bidder to be considered) (Failure to enter a number will be interpreted to be 1 year and you will receive no best value points for

Document Description Page 18 this criterion) Entering a value for less than one year for new installations may invalidate your bid.

G. EXPERIENCE – 25 points H.

A minimum of five (5) years experience is required for this contract. The vendor with the greatest number of years experience receives the maximum 25 points. For example, assume bidder A has 20 years experience then that bidder receives 25 points (20/20 = 1.00 x 25 = 25). Assume the next bidder has 12 years experience then that bidder receives 15 points (12/20 = .60 x 25 = 15). Any bidder with less than 5 years experience will not receive any points.

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

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

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

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

KRS 45A.492 Legislative declarations.

The General Assembly declares:

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

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

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

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

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

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

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

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

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

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

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative

Document Description Page 19 regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

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

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

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

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

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

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

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

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

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

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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 Division of Engineering and Contract Administration 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 Division of Engineering and Contract Administration. 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 Division of Engineering and Contract Administration 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

Document Description Page 21 those indicated by the contractor, those of the Commonwealth take precedence. The contract supersedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

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

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

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

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

Section 20 Manuals and Distribution of Literature 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, Division of Engineering and Contract Administration, a report showing volume which has been sold to the Commonwealth

Document Description Page 22 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 Division of Engineering and Contract Administration.

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 Division of Engineering and Contract Administration 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 Division of Engineering and Contract Administration. 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 Division of Engineering and Contract Administration for settlement.

Section 26

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Addition or Deletion of Items or Services The Division of Engineering and Contract Administration reserves the right to add new and similar items, with the consent of the vendor, to any contract awarded from this solicitation. The Division of Engineering and Contract Administration 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 Division of Engineering and Contract Administration.

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 Division of Engineering and Contract Administration 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

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

Section 31 Inquiries All questions shall be submitted in writing to the Commonwealth buyer listed below. No questions shall be accepted unless the question(s) is considered material to the procurement.

Sole Point of Contact – Commonwealth Buyer The…