Final_RFB_785_2500000235_1_SO_FORM.PDF

Document ID: RFB 785 2500000235 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Fire Alarm Monitoring Services

Date Issued:

11/01/2024 Record Date:

11/01/2024

Solicitation Closes Date:

11/19/2024 Time:

13:30

Solicitation No:

RFB 785 2500000235

Online Bidding Prohibited: No For Information Call:

Amanda Lewis 502-782-0158

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 2500000235 Page: 2

Line Items

Commodity Group: Default

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

1 Fire Alarm Systems Monitoring Services 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

34054 Gas Detection/Monitoring Equipment (Firemen)

Extended Description ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB. Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

Bidders must enter a unit price for the cost of monitoring one fire alarm system per month in the e-procurement system. See attached Terms and Conditions.

See attached document - How to Respond to an Online Bid through the Kentucky Vendor Self Service site (updated).pdf .

Vendors should review and update, if necessary, all addresses and contact persons for their account prior to bid submission. This information will carry forward to a contract if awarded, therefore please ensure all information is correct.

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Finance - Office of Building & Mechanical Services

701 Holmes St

Frankfort KY 40601

Document ID: RFB 785 2500000235 Page: 3

Submission Checklist

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

Item UL Certification Pass/Fail Bidder with the lowest price receives maximum points.

Bidder with the most years of experience receives maximum points.

ELECTRONIC BID SUBMISSION

BID SUBMITTAL:

Bids are no longer accepted via postal carrier (USPS, UPS, FED EX, etc.) nor can bids be delivered.

Bids must be submitted electronically through the eProcurement system in order to be accepted.

Instructions are included in the solicitation. All forms in your bid document shall be completely filled out when your bid is submitted.

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

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at:

https://vss.ky.gov

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement system.

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.

Document Phase Document Description Page 4

2500000235 Final Fire Alarm Monitoring Services Total Pages: 25 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

The following items MUST be submitted prior to award:

_____ REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

APPLICABLE (see Section 32)

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY A

FOREIGN ENTITY IF APPLICABLE (see Section 34)

_____ REQUIRED AFFIDAVIT(S) (See attachments)

_____ EEO FORMS IF APPLICABLE (see Section 30)

_____ CERTIFICATE OF INSURANCE IF APPLICABLE (see Section 2)

_____ UL® CENTRAL MONITORING INSPECTION CERTIFICATE

Document Phase Document Description Page 5

ATTACHMENT A

Request for Bid (RFB)

For Fire Alarm System Monitoring

RFB 785 2500000235

Issued by The Finance and Administration Cabinet

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

Release Date: November 01, 2024

Vendors’ Written Questions Due: November 08, 2024, by 3:00PM Eastern Time Commonwealth’s Response to Written Questions: November 09, 2024, by 7:00PM ET

CLOSING DATE AND TIME: November 19, 2024, at 1:30 PM Eastern Time

Commonwealth Buyer:

Amanda Lewis

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Amanda.Lewis@ky.gov

BID READING

Any person wishing to hear the bid reading may call the conference line at 502-564-9110, Conference ID 240522118, PIN # 400861, at 3:00pm, 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.

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.

Solicitation Terms and Conditions

Section 1 Scope of Contract The Finance and Administration Cabinet, Department for Facilities and Support Services (DFSS), Division of Building and Mechanical Services issues this solicitation to establish a Master Agreement for: Fire Alarm System Monitoring for the operations and security of state facilities throughout the Commonwealth. The contract resulting from this solicitation will be awarded by all line items.

Section 2

Document Phase Document Description Page 6

2500000235 Final Fire Alarm Monitoring Services Total Pages: 25 mailto:Amanda.Lewis@ky.gov 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

Specifications Vendor must be able to provide all central monitoring equipment, labor, and supervision necessary to perform monitoring services as described herein. Fire alarm system monitoring services are to be provided twenty-four hours a day, seven days a week (24/7) throughout the contract period.

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

The unit of measure is “EA” and that unit is the cost of monitoring each fire alarm system per month.

Payment will be made quarterly. The quarterly charge will be based on the number of units (per month) multiplied by the unit cost and that value multiplied by 3. The actual total cost per billing period will be based on the actual services provided.

The locations to be monitored are listed on attachment “Table 2 Building Locations & Equipment.”

(Currently there are 39 locations)

General Requirements:

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

The contractor must provide a copy of the most current UL® Central Monitoring Inspection Certificate issued to the organization.

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

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

Vendor shall schedule a meeting with the Division of Mechanical Services (DFSS/DMS) and the DFSS Safety Administrator prior to beginning any services under the resulting contract.

Vendor shall provide the Commonwealth with a point of contact (Attachment D) for the administration of the resulting contract. All communications shall be coordinated through this point of contact. Matters relating to the contract shall contain the contract number and the site location(s), if applicable.

Owner’s Responsibility:

FAC DFSS DMS will coordinate and install all required dedicated telephone lines.

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

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

Contractor’s Responsibility:

The successful contractor shall maintain the UL® certification at the designated central monitoring site for the duration of the contract. All services shall be provided in accordance with (IAW) NFPA 72 (2016 Ed).

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

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

Except as otherwise provided, all programming (for monitoring services), where necessary, will be the responsibility of the successful bidder. After the initial programming (where necessary) of transmitting equipment for this contract period, the party that causes the requirement for programming modifications

Document Phase Document Description Page 7 will incur the associated cost. For example, if the owner changes the transmitting equipment by replacement or up-grade, the owner will pay to reprogram. If the service provider changes or up-grades fire alarm receiver equipment that causes the transmitter to be unable to communicate, the service provider will incur the cost for subsequent reprogramming.

The vendor will monitor those facilities as requested by the Using Agency. The Using Agency will notify the point of contact (normally by email) as buildings are to be added or removed. When units are added or removed in the middle of the month, the payment will be prorated based on the service days in the initial or last month.

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

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

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

The contractor shall provide, when requested, records/log sheets of fire alarm systems activities for the previous thirty (30) day period for each building serviced. The contractor shall also provide log sheets for the week before each fire or other major malfunction of the equipment. The records/logs shall be real-time electronic, read only access. The review of records/logs will be periodically used to ensure the successful contract holder is providing the services in accordance with the awarded contract and required standards (NFPA 72, 2016 edition).

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

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

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

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

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

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

Account management for updates and requesting data changes.

Customize site-reporting structures.

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

Experience The Bidder shall have been in the Fire Alarm System Monitoring Business “full-time” for at least five

(5) years prior to bidding. Each bidder shall include with bid response, a minimum of two (2) contracts within the past five (5) years that bidder has monitored facility of at least the same size and quantities of the DFSS requirement. Contracts provided need to have a valid contact name, email and phone number information that will enable the buyer to verify the number of years in the fire alarm system monitoring

Document Phase Document Description Page 8 business. Unless otherwise specified, incumbent is exempt from requirement of providing copies of contracts.

If vendor fails to provide documentation with bid to validate the experience requirement within five (5) days after notification to provide may result in vendor bid being determined as “non-responsive”.

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.

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 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 must 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. Cleanup and job site conditions shall comply with all applicable regulatory mandates. 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.

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 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.

Document Phase Document Description Page 9

Subcontractors All subcontractors work requires prior written approval by the UAR or UAR authorized designee before use. The subcontractors for the reprogramming covered in the “Allowances”, if needed, will be provided by FESCO or Johnson Control (formally SimplexGrinnell) as determined by their branded Fire Alarm Control Panels and as required by the Using Agency’s Full Maintenance Agreement with the respective proprietary provider. Also, if the contract vendor uses a 3rd part “Central Station Service” the experience and certification requirements of awarded contract and NFPA 72 shall apply thereto.

Insurance Requirements The successful bidder shall be responsible for maintaining this coverage through the entire contract term:

1. Contractor’s General Liability Insurance with limits of liability of $1,000,000.00 per occurrence.

2. Kentucky worker's compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The successful bidder shall furnish an ACORD Certificate within ten (10) days of notice of intent to award with:

A. The certificate holder listed as:

Division for Facilities and Support Services 701 Holmes Street Frankfort, KY 40601

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from this solicitation.

C. The contract number in the Description of Operations box.

Failure to furnish said certificates or to indicate the contract number shall be grounds for cancellation of the contract.

The successful bidder shall provide an up-to-date copy of the certificate upon renewal of the policy.

Failure to do so shall result in cancellation of the contract.

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

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. A list of authorized companies can be found at http:// insurance.ky.gov/company. Failure to meet this requirement may result in the bid being deemed non-responsive.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

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

Document Phase Document Description Page 10

2500000235 Final Fire Alarm Monitoring Services Total Pages: 25 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

The contract established from this solicitation shall be for the initial period of one (1) year beginning December 01, 2024.

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 Invoices Invoices shall be prepared and transmitted to the agency receiving the goods or services. Each invoice shall contain at least the following information if applicable: Contract and/or Delivery Order number; any Item numbers that are associated; Description of supplies or services; Sizes; Quantities; Service Dates;

Unit prices; and Extended totals.

Section 8 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 9 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 10 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

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

Section 11 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 12 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office for Building and Mechanical 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 for Building and Mechanical Services. Provided, however, that the

Document Phase Document Description Page 11

2500000235 Final Fire Alarm Monitoring Services Total Pages: 25 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf 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 for Building and Mechanical 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 13 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 14 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 15 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 16 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 17 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Office for Building and Mechanical 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 for Building and Mechanical Services.

Section 18 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 19 Cancellation Clause – 30 Days Notice

Document Phase Document Description Page 12

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

Section 20 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 21 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 for Building and Mechanical 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 for Building and Mechanical Services for settlement.

Section 22 Addition or Deletion of Items or Services The Office for Building and Mechanical 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 for Building and Mechanical 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 23 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this solicitation. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the Office for Building and Mechanical 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 24 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 for Building and Mechanical 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.

Document Phase Document Description Page 13

Section 25 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 26 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 27 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 Commonwealth Buyer listed below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail), concerning this procurement shall be addressed to:

Amanda Lewis

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Amanda.Lewis@ky.gov

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

Via written questions submitted to the Commonwealth Buyer

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

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

Section 28 Subcontracts The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor.

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

The vendor shall notify the Commonwealth of any planned use of subcontractors in regards to the resulting contract. If the KYTC Division of Purchases is provided evidence of the vendor making such an arrangement without submitting the proper information prior to use of the subcontractor, the contract may be cancelled immediately.

All payments will be made directly to the contracted vendor. It is the vendor’s responsibility to make payment to the subcontract. Payments shall not be made to the subcontractor by the Commonwealth.

Subcontractors having nonpayment issues that could not be resolved with the Vendor, should report in detail these incidents to the buyer of record for this solicitation.

Document Phase Document Description Page 14 mailto:Amanda.Lewis@ky.gov

The Vendor shall ensure that all contractors or subcontractors comply with all applicable Federal, State, and Local laws, regulation, mandates, and terms of this solicitation and resulting contract.

Section 29 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the Office for Building and Mechanical Services shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the Office for Building and Mechanical Services. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

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

Section 30 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Section 31 Governing Law This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

Section 32 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at the following link:

In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes: “Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”

Section 33 Access to Records The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

Section 34 Registration with the Secretary of State by a Foreign Entity

Document Phase Document Description Page 15

2500000235 Final Fire Alarm Monitoring Services Total Pages: 25

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010:

to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https://apps.legislature.ky.gov/law/statutes/statute.aspx?

id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

Businesses can register with the Secretary of State at:

https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

Section 35 Accessibility Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.

§ 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194.

Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

Section 36 Provisions for Termination of the Contract Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200

KAR 5:312.

Section 37 Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws.

Section 38 Discrimination (Effective April 8, 2015) Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensations; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

Document Phase Document Description Page 16

2500000235 Final Fire Alarm Monitoring Services Total Pages: 25 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474 https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Section 39 All provisions of this solicitation and the provisions of FAP-110-10-00 shall be part of any resulting master agreement.

Section 40 Bidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth Law

The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in…