Document ID: RFB 785 2600000426 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Mulch for Finance Facilities

Date Issued:

02/26/2026 Record Date:

02/26/2026

Solicitation Closes Date:

03/13/2026 Time:

13:30

Solicitation No:

RFB 785 2600000426

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 2600000426 Page: 2

Line Items

Commodity Group: Default

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

1 Pine Straw- Square Bales 600.00000 BALE

Comm Code Comm Description Manufacturer Model # Manuf Part #

59538 Mulch, Pine Straw

Extended Description Pine Straw- Square Bales See terms and conditions for specifications.

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

Bid price is per bale.

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.

2 Pine Bark Fines/Soil Conditioner 65.00000 BAG

59595 Wood Chips and Bark: Composted, Shredded, etc.

Extended Description Pine Bark Fines/Soil Conditioner. See terms and conditions for specifications.

Bid price is per 2 cubic foot bag.

3 Pine Bark Mulch, Small Sized Particles 4800.00000 BAG

Pine Bark Mulch, Small Sized Particles. See terms and conditions for specifications.

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4 Pine Bark Mulch, Medium Sized Particles 130.00000 BAG

Pine Bark Mulch, Medium Sized Particles. See terms and conditions for specifications.

5 Western Red-Cedar Bark Mulch 1800.00000 BAG

Western Red-Cedar Bark Mulch. See terms and conditions for specifications.

Bid price is per 3 cubic foot bag.

6 All-Bark Cypress Mulch 1.00000 BAG

All-Bark Cypress Mulch. See terms and conditions for specifications.

Bid price is per 3 cubic foot bag.

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7 Natural Hardwood Mulch 130.00000 BAG

Natural Hardwood Mulch. See terms and conditions for specifications.

Shipping Information Finance - Division of Surplus Properties

999 Chenault Rd

Frankfort KY 40601

Billing Information Finance - Office of Building & Mechanical Services

701 Holmes St

Frankfort KY 40601

Document ID: RFB 785 2600000426 Page: 5

Submission Checklist

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

Item Bidder with the lowest price receives maximum points.

Bidder with the best delivery time 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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2600000426 Final Mulch for Finance Facilities Total Pages: 26 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)

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ATTACHMENT A

Request for Bid (RFB)

For Mulch for Finance Facilities

RFB 785 2600000426

Issued by The Finance and Administration Cabinet

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

Release Date: February 26, 2026

Vendors’ Written Questions Due: March 4, 2026, by 3:00 P.M., Eastern Time Commonwealth’s Response to Written Questions: March 5, 2026

CLOSING DATE AND TIME: March 13, 2026, at 1:30 P.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), Office of Building and Mechanical Services (OBMS) issues this solicitation to establish a Master Agreement for: Mulch for Finance Facilities

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2600000426 Final Mulch for Finance Facilities Total Pages: 26 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

The contract resulting from this solicitation will be awarded by all line items.

Bidders must bid on all line items to be considered for an award.

Section 2 Specifications Vendor shall provide the following line items:

Item 1-Pine Straw-Square Bales Pine straw shall be compressed into 12”x15”x24” square bales, consisting of dried Slash pine needles or similar dried yellow pine spices.

To be baled within four (4) weeks of shipment.

Item 2-Pine Bark Fines/Soil Conditioner Processed pine bark mulch shall be screened to a maximum particle size of 3/8 inch (average size between ¼ to 3/8 inch.

To be reddish-brown in color and free of wood particles.

Shall be completely organic and non-toxic.

Packaged in 2 cubic foot polyethylene bags and stacked on pallets.

Item 3-Pine Bark Mulch, Small Sized Particles Processed pine bark mulch shall be screened to a particle size of ½ inch or less (average size between ¼ - 1/2 inch).

Shall be reddish-brown in color, may contain up to 15% wood or cambium pieces of similar size.

Shall be completely organic and non-toxic.

Packaged in 2 cubic foot polyethylene bags and stacked on pallets.

Item 4-Pine Bark Mulch, Medium Sized Particles Processed pine bark mulch shall be screened to a particle size of 1 inch or less (average size between 1/2 inch to 1 inch).

Shall be reddish-brown in color, may contain up to 15% wood or cambium pieces of similar size.

Shall be completely organic and non-toxic.

Packaged in 2 cubic foot polyethylene bags and stacked on pallets.

Item 5-Western Red Cedar Bark Mulch- graded as “All-bark Cedar Mulch” Shall be primarily shredded Western red-cedar bark with minimal amount of wood contained in the mix.

Shall not contain an intentional blend of cedar bark and cedar wood. Wood product shall not exceed 5%.

Shall be processed by shredding to medium texture, 1/16 inch to 1 inch wide by 3inch to 12 inch long.

Shall be fresh product without excessive moisture to cause deterioration or discoloration of natural appearance.

Packaged in 3 cubic foot plastic bags and stacked on pallets.

Item 6-All Bark Cypress Mulch Product shall be graded as all-bark shredded cypress mulch with a natural reddish-brown color. Product shall not comprise a blend of cypress bark and cypress wood.

Shall contain less than 5% wood chips with no artificial coloration.

Bark mulch shall be completely organic and entirely non-toxic.

To be packaged in 3 cubic foot plastic bags, stacked on pallets.

Item 7-Natural Hardwood Mulch Hardwood mulch shall be derived from 100% ground hardwood bark.

To be free of large wood chips, sticks, or foreign debris.

Material shall be at a minimum double-ground or triple-ground to a uniform texture, suitable for landscape application.

Mulch color shall be a natural brown typical of aged hardwood bark. Excessively faded, gray, or decomposed material shall not be accepted.

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Moisture content shall be moderate to dry; overly wet or waterlogged mulch will be rejected. Mulch shall be aged/cured for a minimum of 4 weeks to stabilize color and reduce acidity, but not more than 6 months to ensure freshness.

Packaged in 2 cubic foot polyethylene bags and stacked on pallets.

Molded or excessively aged product that has lost its original color shall not be accepted.

Sample material may be requested by the using agency for inspection before delivery.

Palleted stacks shall be plastic-wrapped and capped for protection during transport.

Freight shall be included in price of products to these locations:

Landscape Garage 999 Chenault Road Frankfort, KY 40601 or Berry Hill Green House 700 Louisville Road Frankfort, KY 40601

Vendor guarantees delivery of all requested items within ______ calendar days after receipt of delivery order.

The vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the vendor’s invoice for each day the vendor fails to meet the contracted delivery date.

Section 3 Insurance Requirements Proof of all required insurances should be provided prior to award.

A Certificate of Insurance (COI) on an ACORD form is required unless approved by the Commonwealth’s Office of the Controller.

A. Required Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with part B of this section through the entire contract:

Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance (*The Commonwealth reserves the right to require higher coverage amounts if needed based on the type of contract and associated risk)

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor. Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

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This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

B. Evidence of Insurance Coverage The successful vendor shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Vendor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Vendor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/Company/Default.aspx.

The certificate holder shall be listed as:

Division for Facilities and Support Services Office of Building and Mechanical Services 701 Holmes Street Frankfort, KY 40601

Endorsement of Additional Insured. Certificate of Insurance must contain the following language in the Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

A copy of the Endorsement of Additional Insured must be submitted with the Certificate of Insurance.

C. Subcontractors If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

The primary Vendor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Vendor defined in this contract, with an Additional Insured Endorsement.

Procuring Agency reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

Section 4 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 5 General

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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 6 Initial Contract Period The contract established from this solicitation will be for the initial period of one (1) year beginning upon award and expiring 3/31/2027.

Section 7 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 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 8 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 9 Recycle Requirements Prospective vendors are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at https://apps.legislature.ky.gov/law/ kar/200/005/330.pdf

Section 10 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 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

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2600000426 Final Mulch for Finance Facilities Total Pages: 26 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf https://apps.legislature.ky.gov/law/kar/200/005/330.pdf 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).

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 vendor. 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- Not Applicable 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 vendor can provide new equipment of advanced technology after the award of the contract, the Commonwealth and the vendor 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 vendor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 16-Not Applicable 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.

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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 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 Vendor 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 vendor 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 vendor acknowledges and agrees to be bound by the terms and conditions of the solicitation.

The vendor 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 vendor 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.

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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 vendor 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 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:

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 vendor(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 vendors should clearly understand that any verbal representatives made or assumed to be made during any oral discussions held between representatives of potential vendors 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

Document Phase Document Description Page 15 mailto:Amanda.Lewis@ky.gov 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 these incidents in detail 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 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 vendor 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 vendor 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 vendor 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.”

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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 vendor 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 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)

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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 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 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)

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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 41 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful vendor 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 42 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Vendors 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.

Vendors 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 vendor shall be required to deliver the brands/specifications stated in the solicitation.

Section 43 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.

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The Office for Building and Mechanical Services shall not be bound by any part(s) of the vendor’s response to this solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the solicitation.