Final_RFB_785_2600000494_2_SO_FORM.PDF

Document ID: RFB 785 2600000494 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Window Cleaning for Finance Facilities

Date Issued:

04/17/2026 Record Date:

04/17/2026

Solicitation Closes Date:

04/24/2026 Time:

10:30

Solicitation No:

RFB 785 2600000494

Reason for Modification

Addendum #1 is being issued to respond to vendor questions. No other changes have been made. Bid closing date remains the same.

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 2600000494 Page: 2

Line Items

Commodity Group: Default

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

1 Window Washing (Various) 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

91081 Window Washing Services

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

On this line, Bidders must enter $0.01 for price in the e-procurement system.

ALL actual BID PRICES must be entered on attached Bid Sheet and submitted as an attachment in the e-procurement system.

Please enter contact person, phone number, and email address on the bid sheet.

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

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Finance - Division of Engineering & Contract Administration

The Bush Building, 403 Wapping St 1st Floor

Frankfort KY 40601

Document ID: RFB 785 2600000494 Page: 3

Submission Checklist

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

Item Lowest price receives maximum points.

Lowest response time receives maximum points.

Maximum years of experience receives maximum points.

Addendum #1- April 17, 2026 Addendum #1 is being created to respond to vendor questions.

Q1. We are working with a vendor to submit a bid for the window cleaning contract. They also offer power washing services, so I wanted to check if that is something you would be interested in as well for example, parking garages.

A1. At this time, this request is only for the cleaning of windows.

Q2. Can you provide the last year each building included in this bid was cleaned?

A2. That information is not available.

Q3. How many times per year will each building be cleaned under this proposal?

A3. There are no guarantee of quantities.

Q4. At the Capital Annex, I noticed there appears to be double-pane glass with a significant amount of cobwebs between the panels. Can you clarify how this will be addressed?

A4. Should windows at the Capitol Annex be requested, repairs will be made beforehand.

Q5. At Barry Hill, can you confirm if all buildings are included in the bid, including those in the landscaped areas?

A5. The Mansion and Carriage House are the only buildings we are requesting pricing.

No other changes have been made. Bid closing date remains the same.

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

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2600000494 Final Window Cleaning for Finance Facilities Total Pages: 26 https://vss.ky.gov https://vss.ky.gov 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.

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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2600000494 Final Window Cleaning for Finance Facilities Total Pages: 26 mailto:Finance.CRCGroup@ky.gov

ATTACHMENT A

Request for Bid (RFB)

For Window Washing for Finance Facilities

RFB 785 2600000494

Issued by The Finance and Administration Cabinet

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

Release Date: March 27, 2026

Vendors’ Written Questions Due: April 16, 2026, 12:00 P.M., Eastern Time Commonwealth’s Response to Written Questions: April 17, 2026

CLOSING DATE AND TIME: April 24, 2026, 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 1:00pm, 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

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2600000494 Final Window Cleaning 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

(DFSS), Office of Building and Mechanical Services (OBMS) issues this solicitation to establish a Master Agreement for: Window Washing for Finance Facilities

The contract resulting from this solicitation will be awarded by group. Vendors do not have to bid all groups but must bid all line items within a group.

Section 1B Site Visits Site Visits will be held April 9, 10, 13 and 14, 2026. Attendance is highly encouraged, as this will be the only opportunity to inspect the facilities where the services are to be performed. Vendors are to meet at the designated times, in the lobby of the buildings or stated herein. Site Visits allow bidders a chance to satisfy themselves with the window locations and local conditions.

Salient questions ARE NOT to be asked or answered at the Site Visit. Questions are to be emailed to the Buyer by April 16th. An Addendum will be issued to answer the questions on April 17th and posted to the eProcurement page. In no event shall failure to inspect the site constitute grounds for a claim after award of the contract. Pricing information shall not be made known in any form to agency representative during the site visit. Failure to comply with this requirement shall render the bid nonresponsive.

See Bid Sheet for location addresses.

Site visit schedule is as follows:

April 9th- 10:00 to 11:30-L&N Building

April 9th- 2:00 to 3:00 Spindletop

April 10th- 8:00 to 9:30 KHEAA & KEWS

April 10th- 10:00 to 11:30 Berry Hill Mansion (all buildings)

April 10th- 1:00 to 3:00 Capital Annex & Governor Mansion

April 13th- 8:00 to 9:00 KSOB & KSOBA

April 13th- 9:30 to 11:30 History Center, Barstow House, Old State Capitol, Mayo Underwood, TCOB

April 13th- 1:00 to 2:00 OGM & Guest House

April 13th- 2:30 to 3:00 701 Holmes St.

April 13th- 3:00 to 4:00 Bush Building & Vest Lindsey

April 14th- 8:00 to 11:00 CHR, HSB, Jones Building, COT

April 14th- 1:00 to 2:30 Central Lab, PSC

April 14th- 2:30 to 4:00 300 Building, Library & Archives

Section 2 Specifications The Commonwealth wishes to award master agreement(s) for each group listed on ATTACHMENT B for window cleaning services. OBMS seeks to obtain pricing for window cleaning services on an as-needed basis, to be performed at locations identified on ATTACHMENT B. Vendor shall provide adequate number of personnel to clean the windows/glass at the locations identified with minimal impact to the operation of the facility.

There are no quantities guaranteed under the resulting contract. The successful vendor shall only perform services at the rates indicated for each line item after the vendor has received a Delivery Order from the using agency authorizing the service.

Unless otherwise authorized herein or by designated OBMS staff, all window cleaning services must be performed Monday through Friday between the hours of 7:30 a.m. and 4:00 p.m. only. Exceptions to the hours, requires the prior written approval of the Building Grounds Coordinator or Maintenance

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Supervisor for the facility being cleaned. Unless otherwise authorized by the using agency, the vendor shall, weather permitting, complete all services within three (3) weeks after work begins.

Historic Properties (HP) - Authorized mixture to use in window cleaning applications requires a mix of equal parts of distilled water and isopropyl alcohol with a few drops of ammonia. Unless otherwise authorized by OBMS staff, or designee, do not use a spray application. Special care must be taken to minimize the cleaning solution from coming in contact with glazing putty and mullions. Other mixtures or products require written approval by OBMS before using.

Where storm windows are included, vendor is responsible for opening/closing (and closing/re-installing) storm windows as required to gain access to appropriate window(s) in need of cleaning services.

The services performed under this contract shall be subject to inspection and approval by an authorized representative.

The vendor shall provide a representative who will be available in person or can be reached by phone within two (2) hours during the operational hours of OBMS (7:30 a.m. to 4:00 p.m. Monday through Friday), except legal holidays for the purpose of service evaluation, complaints, or concerns for scheduling or work in progress. Failure to comply may result in a request for termination of contract.

Using Agency’s Responsibility Using Agency will provide utilities (i.e. lights, water and electricity) as are necessary to perform the services. Vendor must use these utilities as efficiently as possible.

Vendor’s Responsibility Vendor shall be responsible for the performance of all work described herein to the satisfaction of the Using Agency. All requirements and responsibilities included herein and attached hereto (if applicable) are made part of the contract to be awarded from this solicitation and shall be strictly enforced.

Unless otherwise noted in an individual line item, the vendor shall furnish all labor, supervision, cleaning supplies, chemicals, materials, tools (brushes, squeegees, etc.) and equipment (e.g. lifts, ladders, platforms, scaffolds, high-rise suspended scaffolds, etc.) necessary for providing acceptable service under this agreement. All equipment must meet the approval of the Using Agency. No equipment will be attached to any state owned or operated facility without prior written authorization from the Using Agency.

Windows and Glass Doors shall be cleaned in such a manner to leave them free of spots, streaks, deposits, film, and smudges. Cleaning shall be performed as specified in the line-item description. Windows condition is “as is” at the time of cleaning. No allowance will be made for deterioration that occurs after award of contract. All work shall be accomplished using methods and scheduling that ensures minimal impact on building occupants and/or operations.

The vendor shall submit to the Using Agency, prior to commencement of the contract, a list of all materials to be used in providing the cleaning service and include material safety data sheets for all chemicals that will be used at each site. OBMS reserves the right to approve or disapprove any products. Failure to provide material safety data sheets for each chemical used at each site may result in cancellation of contract.

The vendor must exercise reasonable care in preserving the existing condition of buildings and grounds to include the appearance of plants, shrubs and other landscape features surrounding the facilities serviced under this agreement (where applicable).

The vendor must also consider the impact of the equipment planned for use on the landscape and other exterior (and interior where applicable) features of each facility. If schedule adjustments are necessary due to wet ground conditions, the vendor is responsible for identifying these conditions and notifying OBMS in a timely manner.

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Prior to starting work at a site, the vendor must identify any and all landscape or other features with the potential to cause significant interference with the work performed under the contract. OBMS will consult with in-house subject-matter experts and a solution agreeable to both parties will be reached.

Unless otherwise specified (per line item or other notation herein); the vendor may select the cleaning process to be used, provided it does not permanently alter or damage the appearance of the facility in any way. Any alteration in appearance of the facility will be considered damage. The vendor shall exercise extreme care when cleaning windows in facilities designated as “Historic Property” or “(HP)”.

The vendor is responsible for opening/removing (and closing/reinstalling) inside glass as required to gain access to window surfaces as needed. The vendor is responsible for raising and lowering blinds, as required, to complete the job. All blinds and windows must be returned to the condition in which they were found. Prior to beginning any interior work, the vendor must schedule and accomplish a damaged blind inventory with the Building Superintendent. The vendor will be responsible for any damage to blinds that is not documented prior to commencement of work.

The vendor shall be responsible for correcting any breakage, damage or loss caused by carelessness, negligence or non-compliance with the contract. This includes repair of damage to interior and/or exterior architectural features, replacement of damaged plants and/or repair of any damage to plant beds, lawn and/or landscape areas, roads, driveways, parking facilities, curbs, sidewalks, etc. caused by contract employees or equipment. The vendor will work with building superintendent or other authorized OBMS representative on responsible time frame for any necessary repairs caused by vendor.

The vendor shall also catalog (within reason) and identify work areas, normally at higher levels that appear, upon close inspection, to be substandard and in need of building maintenance or repair (e.g.

cracked/chipped glass, damaged or deteriorated wall surfaces, mullions, muntins, sills, etc.).This paragraph applies to items or discrepancies at higher levels (over 2), that are not normally visible at ground level.

All supplies, equipment and services shall be subject to inspection 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.

A signed and dated work ticket must be provided to the building superintendent or designated representative upon completion of work at each location. The work ticket must include a signature and date, indicating acceptance of the work, by the maintenance supervisor or other authorized OBMS representative. A copy of the signed work ticket shall be attached to your invoice for payment processing.

If work is not acceptable, vendor will have 72 hours to correct unacceptable work and resubmit work ticket to maintenance supervisor or other authorized OBMS representative for review of work and approval.

The vendor shall be held responsible for the actions of the contractor’s employees while on the job site.

Vendor employees are expected to show courtesy and respect when interacting with OBMS personnel, building occupants, and visitors. OBMS reserves the right to require the removal of any contract employee engaging in offensive language and illegal or otherwise inappropriate behavior.

Vendor employees shall always wear some form of identification while at the service facility. The form of identification shall clearly identify company name and name of employee.

Sub-Contractor(s) Any and all agents and/or sub-contractors the contractor intends to use in conjunction with this contract shall be approved in advance by DBS before work begins at any location. Please refer to Section 27 for more information concerning subcontracts.

Experience Vendor shall only utilize trained, experienced and/or licensed employees to perform the work required on Finance owned properties.

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

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 C 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.

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.

C. Evidence of Insurance Coverage The successful bidder 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.

Contractor 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.

Contractor 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.

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2600000494 Final Window Cleaning for Finance Facilities Total Pages: 26 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx

The certificate holder shall be listed as:

Finance Cabinet, OBMS 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.

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

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

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

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

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four (4) additional one-year periods. This extension must have the written approval by all parties. If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 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

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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).

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 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

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2600000494 Final Window Cleaning 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 meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

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

Section 14 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 15 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 16 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 17 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 18 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 19 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 20 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

Document Phase Document Description Page 13 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 21 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 22 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 23 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 24 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 25 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 26 Inquiries

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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 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 27 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 28 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.

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

Section 29 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 30 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 31 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 32 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 33 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

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Businesses can register with the Secretary of State at:

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

Section 34 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 35 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 36 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 37 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…