Final_RFB_785_2600000076_1_SO_FORM.PDF

Document ID: RFB 785 2600000076 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Snow and Ice Management - London State Office Building

Date Issued:

08/14/2025 Record Date:

08/14/2025

Solicitation Closes Date:

08/29/2025 Time:

10:30

Solicitation No:

RFB 785 2600000076

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 2600000076 Page: 2

Line Items

Commodity Group: Default

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

1 Salt Spreader Truck w/operator 50.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

96872 Snow and Ice Removal Services

Extended Description Actual Bid Prices must be entered on this line item in the e-procurement system.

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

***ONLY ONLINE BIDS WILL BE ACCEPTED FOR THIS RFB.***

Emailed and hard copies delivered by any method WILL NOT BE ACCEPTED.

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.

Salt Spreader Truck w/operator

2 Snow Plow Truck w/operator 50.00000 HOUR

Extended Description Actual Bid Prices must be entered on this line item in the e-procurement system.

Snow Plow Truck w/operator

3 Manual Labor(hand shovel, blowing, sweeping, etc.)

10.00000 HOUR

Extended Description

Manual Labor(hand shovel, blowing, sweeping, etc.)

Document ID: RFB 785 2600000076 Page: 3

4 Deicing Rock Salt(Bulk Per Pound Rate) 5000.00000 LB

Extended Description

Deicing Rock Salt(Bulk Per Pound Rate)

5 Deicing Rock Salt(Bagged - 50 Pound) 100.00000 BAG

Extended Description

Deicing Rock Salt(Bagged - 50 Pound)

Shipping Information London State Office Building

LSOB

85 State Police Rd

London KY 40741

Billing Information Finance - Office of Building & Mechanical Services

701 Holmes St

Frankfort KY 40601

Document ID: RFB 785 2600000076 Page: 4

Submission Checklist

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

Item Lowest price receives maximum points.

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.

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2600000076 Final Snow and Ice Management - London State Office Building

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)

Document Phase Document Description Page 6

Building

Total Pages: 25

ATTACHMENT A

Request for Bid (RFB)

For Snow and Ice Management London Office Building

RFB 785 2600000076

Issued by The Finance and Administration Cabinet

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

Release Date: August 14, 2025

Vendors’ Written Questions Due: August 21, 2025 3:00 P.M., Eastern Time Commonwealth’s Response to Written Questions: August 22, 2025

CLOSING DATE AND TIME: August 29, 2025, at 10:30 A.M., 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: Snow and Ice Management London Office Building

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2600000076 Final Snow and Ice Management - London State Office Building

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

Located at 85 State Police Rd, London Ky 40741.

The contract resulting from this solicitation will be awarded by all line items. Bidders must bid all line items to be considered for an award.

Section 2 Specifications Vendor is to clear pavement on Vehicle Use Areas (VUA) and pedestrian areas, allowing traffic to flow, vehicles to park, and pedestrians to walk safely across VUA and to ensure snow and ice removal procedures are carried out in a safe and timely manner. Vendor is responsible for all areas that can be cleaned by trucks with plows, salt spreaders, or other enclosed drive-able means and/or manual labor or removing snow. Pavements may require both plowing and salting to eliminate slippery conditions.

Vendor is to provide all materials, supplies, equipment, labor, and supervision necessary for the continuous management of the snow and ice removal, as described herein, including all VUA drives and parking lots.

All designated VUA must be cleared for regular State business working hours, normally considered 6:30 AM - 5:00 PM, Monday-Friday. Most State Holidays and weekends are excluded from snow removal services.

Vendor may clear pavements on weekends and holidays if such work is required to have clear pavements by the next business day.

Requirements:

Vendor shall obtain any required permits, licenses and insurance to comply with all applicable Federal, State, local laws, ordinances, codes, rules, and regulations during the course of the work for the resulting contract.

Vendor must always exercise proper precautions for the protection of persons and property. Follow all safety standards as set by OSHA or other regulatory agencies.

Vendor must be familiar with obstacles or other potential plow hazards. Vendor shall repair or replace, at no expense to the Commonwealth, any damaged sections of roads, streets, curbs, utilities, plant materials, lawns, and structures caused by work performed under the contract or incidental thereto, whether by Contractor’s own forces or by vendor’s subcontractors. Immediately notify agency representative of any such damage.

The vendor shall not park vehicles, trailers, or heavy equipment on turf areas or sidewalks without prior authorization from agency representative. Do not block walks, drives, or parking areas during maintenance operations.

The vendor shall not block access to sidewalks, dumpsters, reserved or handicap parking spaces with plowed snow. Efforts shall be made to stockpile snow on the lower side of elevated pavements, to minimize the occurrence of hazardous conditions caused by thawing and re-freezing moisture on pavements. Do not cover drain grates with piled snow.

Vendor shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity while carrying out work under the contract.

Prior to commencing work, coordinate with agency representative for an inspection of the entire property noting conditions and specific needs of the site. During the contract, the vendor shall notify agency representative of any safety maintenance items not covered needing attention.

Response Time Call-Back Issues:

The contractor shall respond at the work site within three (3) hours to call-backs for snow and ice removal issues.

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Any incident that necessitates Using Agency personnel to perform all or part of a service specified in the contract, required as a result of the contractor’s action (or inaction), shall result in a deduction from the contractor’s payment at the rate or $40.00/hour per person, plus materials and a 25% administration fee.

Any incident that necessitates the Using Agency bringing in an additional contractor to perform all or part of a service specified in the contract or to make repairs, required as a result of the contractor’s action (or inaction), shall result in a deduction from the contractor’s payment of the actual cost to the Using Agency plus a 25% administration fee.

Execution:

Vendor shall monitor weather conditions and telephones shall be manned during all stages of a snow event. Vendor shall provide a list of office personnel, equipment operators, and sub-contractors names and cell telephone numbers prior to snow removal activities. At the end of a snow or ice event, vendor shall fill out the “Storm Log” form (attached) describing each event with Man-hours, materials, and equipment used. This form shall be submitted to the agency representative within 24 hours of the end of the event. Storm Log shall be submitted to Adam Leonberger by email to Adam.Leonberger@ky.gov within 24 hours of the storm event. Delivery of this form does not constitute invoicing for services.

At any time, slippery conditions exist, are anticipated, or there is a complete covering of snow on pavements, vendor shall commence management services with the application of salt or snow plowing, so that pavements are reasonably clear. Vendor may also be called in by the Landscape Branch Manager, or his representative to commence operations.

All pavements shall be completely salted during a routine winter storm. (A routine winter storm is defined as a snowfall of one inch or less with temperatures being higher than 25 degrees Fahrenheit before, during and after the accumulation with a duration of snowfall between thirty minutes and two hours). Treatments should continue until all pavements have been cleared and repeat applications until they are no longer needed during the State business hours listed above.

Spilled salt or accumulations of salt shall be removed completely and legally disposed of offsite as soon as the slippery conditions are past.

Pavements may require both plowing and salting to eliminate slippery conditions.

In the event of a major snowstorm, the Department may issue recommendations relating to the specifics of snow and ice operations including, but not limited to:

1) Plow, but do not salt, until the air temperature exceeds 20 degrees Fahrenheit and is rising,

2) Do not apply salt unless calcium chloride is added,

3) Plow and use abrasives only.

Equipment operators shall become familiar with obstacles or other potential plow hazards on the designated properties. Dry runs shall be made prior to the snow season and shall be coordinated with the agency representative.

All personnel should be instructed in proper handling of materials and equipment prior to the season.

Vendor shall monitor the freezing of roof drainage onto pavements. When day and night temperatures fluctuate between freezing and thawing, drainage onto pavements shall be kept melted with applied salts until conditions are such that continued application is inadequate to maintain safe pavements. At such time, the vendor shall prohibit access to the slippery pavements with hazard cones or caution tape and monitor daily to permit reopening as soon as possible.

Equipment:

Trucks used for plowing and spreading salt shall be four-wheel-drive, ½ ton or larger, properly licensed, of good working condition. Trucks used for plowing and spreading salt shall have windshield wipers/ washers, defrosters, and lights that will operate under adverse weather or plowing conditions. Truck used for plowing and spreading salt shall be equipped with one (1) amber flashing light on the truck cab.

Document Phase Document Description Page 9

Building mailto:Adam.Leonberger@ky.gov

Each truck or operator shall have a two-way radio or cellular phone as a means for communications.

All loading, grading, or plowing equipment shall have rubber tires and straight blade without teeth.

Materials:

Salt applied to asphalt VUA shall be rock salt/sodium chloride, or a mixture of sodium chloride and calcium chloride, potassium chloride, or magnesium chloride. Salt product for VUA application may be bulk or bagged.

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 the solicitation.

Failure to furnish said certificates 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 services 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

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2600000076 Final Snow and Ice Management - London State Office Building

Total Pages: 25 http://insurance.ky.gov/company http://insurance.ky.gov/company http://www.ambest.com

Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year beginning from the date of award and expiring August 31, 2026.

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 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 and political subdivisions requiring the product(s) or service(s).

Section 10 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 11 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 vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

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2600000076 Final Snow and Ice Management - London State Office Building

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

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 12 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 13 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 14 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 15 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Office for Building and Mechanical Services canceling the contract.

Section 16 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 17 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.

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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 18 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 19 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 20 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.

Section 21 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 22 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 23 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.

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

Commonwealth Buyer 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 24 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 DFSS 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.

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 25 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

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2600000076 Final Snow and Ice Management - London State Office Building mailto:Amanda.Lewis@ky.gov individual order issued against this contract. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Section 26 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 27 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 28 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:

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

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 29 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 30 Registration with the Secretary of State by a Foreign Entity 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

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Total Pages: 25 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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

Section 31 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 32 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 33 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 34 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.

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

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2600000076 Final Snow and Ice Management - London State Office 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 35 All provisions of this solicitation and the provisions of FAP-110-10-00 shall be part of any resulting master agreement.

Section 36 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 continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:

KRS Chapter 136 (CORPORATION AND UTILITY TAXES) KRS Chapter 139 (SALES AND USE TAXES) KRS Chapter 141 (INCOME TAXES) KRS Chapter 337 (WAGES AND HOURS) KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES) KRS Chapter 341 (UNEMPLOYMENT COMPENSATION) KRS Chapter 342 (WORKERS' COMPENSATION)

Boycott Provisions If applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472.

Lobbying Prohibitions The contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded.

The contractor further represents that, pursuant to KRS 45A.328, they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.

Section 37 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

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Total Pages: 25 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52935 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 Office for Building and Mechanical Services is not bound to accept any exceptions.

Section 38 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

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

Section 39 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 Office for Building and Mechanical Services 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 Office for Building and Mechanical Services and those indicated by the contractor, those of the Office for Building and Mechanical Services 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 40 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 41 Solicitation Submission Requirements Paper Bids are NOT acceptable for this RFB and shall be considered non-responsive.

Section 42 Funding Limitations If any or all responses…