Final_RFB_785_2700000157_1_SO_FORM.PDF

Document ID: RFB 785 2700000157 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Snow & Ice Management - VUA L&N Building

Date Issued:

10/02/2026 Record Date:

10/02/2026

Solicitation Closes Date:

10/19/2026 Time:

13:30

Solicitation No:

RFB 785 2700000157

Online Bidding Prohibited: Yes

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 2700000157 Page: 2

Line Items

Commodity Group: Default

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

1 Snow & Ice - VUA L&N Building 1.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

96872 Snow and Ice Removal 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.

Snow & Ice Management - VUA L&N Building

Furnish all materials, equipment, labor and supervision necessary to provide snow an ice management services for L & N Building in Jefferson County.

Shipping Information

Billing Information

Document ID: RFB 785 2700000157 Page: 3

Submission Checklist

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

Item Lowest price receives maximum number of points.

Greatest years of experience receives maximum number of 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. 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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2700000157 Final Snow & Ice Management - VUA L&N Building Total Pages: 28 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 27)

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

FOREIGN ENTITY IF APPLICABLE (see Section 29)

_____ REQUIRED AFFIDAVIT(S) (See attachments)

_____ EEO FORMS IF APPLICABLE (see Section 25)

_____ CERTIFICATE OF INSURANCE IF APPLICABLE (see Section 3)

_____ Equipment Specifications/Literature

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ATTACHMENT A

Request for Bid (RFB)

For Snow & Ice Management – VUA L & N Building

RFB 785 2700000157

Issued by The Finance and Administration Cabinet

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

Release Date: 10/02/2026

Vendors’ Written Questions Due: 10/09/2026 Commonwealth’s Response to Written Questions: 10/12/2026

CLOSING DATE AND TIME: 10/19/2026

Commonwealth Buyer:

Amanda Lewis

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Building and Mechanical Services 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

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2700000157 Final Snow & Ice Management - VUA L&N Building Total Pages: 28 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 Finance and Administration Cabinet, Office of Building and Mechanical Services issues this solicitation to establish a Master Agreement for: Snow & Ice Management Vehicle Use Areas L & N Building (Louisville)

Vendor shall provide all equipment, labor, materials, and supervision necessary.

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

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

Vendor must provide detailed specification information with bid submission to allow for verification that the make/model of the equipment bid meets the required specifications. Failure to include this information with bid may result in the bid being rejected as non-responsive.

Section 2 Specifications Vendor shall be qualified and licensed to provide snow and ice removal services as specified for vehicle use areas (VUA). Vendor shall furnish all materials, supplies, equipment, transportation, labor and supervision necessary.

The goals of this contract are to provide bare pavement or adequate traction on VUA to allow traffic flow, vehicles to park, and pedestrians to walk safely across VUA between the facility and their vehicle, and to ensure snow and ice removal procedures are carried out in a safe and timely manner.

Scope of Work Vendor is encouraged to use anti-icing pre-treatment (salt brine) on all areas of responsibility when approaching weather conditions warrant. Pre-treatment shall be applied using industry standards.

Application of a pre-treatment shall be at the discretion of the agency.

The vendor shall be responsible for all areas that can be cleaned by ¾ ton four wheel drive trucks with plows, salt spreaders, or other enclosed, drive-able means of removing snow, as noted on snow and ice removal map which will be provided to awarded vendor.

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

Vendors are encouraged to educate and train their employees using resources available from the Snow and Ice Management Association.

Hours and Days Requiring VUA Service All designated VUA shall be clear for regular state business working hours, normally considered 7am-5pm Monday thru Friday. However, atypical hours are noted in the list provided below.

Most state holidays and weekends are excluded from snow removal services or only minimal services are required. Holidays are: Veterans Day, Thanksgiving, Christmas, New Years and Martin Luther King Jr.

day.

Vendor may clear pavements on Sundays if such work is required for clear pavements by Monday morning. However, weekend activities shall not duplicate services that may be required and performed on the following Monday morning. Vendor shall monitor forecasts to avoid such duplication of services.

Vendor shall consult with the agency representative for exceptions or Special Occasions that require some holiday, after-hour, or weekend service not noted.

Facility Location for VUA Service L&N Bldg.

L & N, Louisville (M-F, 6a-6p) NOTE: A small area will need to be cleared Sat. & Sun, 6a-6p in addition to M-F)

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Materials and Products Snow and Ice Management – Sidewalks and Vehicle Areas The goal of this section is to provide bare pavement or adequate traction on vehicular use areas (VUA) and pedestrian areas, allowing traffic to flow, vehicles to park, and pedestrians to walk safely upon the properties, and to ensure snow and ice removal procedures are carried out in a safe and timely manner.

The Vendor is responsible for all areas that can be cleaned by trucks with plows, salt spreaders, or other enclosed, drive-able means of removing snow, and pedestrian areas that may require manual labor.

A. The Vendor shall monitor weather conditions and telephones shall be manned during all stages of a snowstorm. The Vendor shall provide a list of office personnel, equipment operators, and sub-contractors names and telephone numbers prior to snow removal activities. At the end of a snow or ice event, the vendor shall provide a “Storm Log” form describing each event with person-hours of work performed, the quantity of materials used, and equipment used. This form shall be submitted to the agency within 24 hours of the end of the event. Faxed or electronic (e-mail) copies are acceptable.

Accurate reporting of time and materials is imperative. Delivery of this form does not constitute invoicing for services. Work, as described herein, shall be invoiced in quarter-hour (1/4) increments.

Billable time shall include only time spent on snow or ice abatement. Site inspections, removal of spilled salts, travel time to or from job site shall not be included as billable time.

At any time, the slippery conditions exist or are anticipated, or there is a complete covering of snow on pavements, the vendor shall commence management services at each designated property with the application of deicers, snow plowing, shoveling, blowing, or sweeping, so that pavements are reasonably clear between 7:00 a.m. and 5:00 p.m., Monday through Friday, with exceptions noted above. The vendor may also be called in by agency representative, to commence operations or remedy problems within the pre-arranged response time.

A snow and ice removal map will be provided to the vendor by the agency designating the areas to be covered by contracted services. All pavements designated by the system map shall be completely treated during a routine winter storm. (A routine winter storm is defined as a snowfall of one inch or less with temperatures higher than 25 degrees Fahrenheit before, during and after the accumulation with a duration of snowfall between thirty minutes and two hours). Treatments shall be made in advance of 6:30 a.m. to allow time for deicers to sufficiently take effect and for melting to occur.

Repeat applications may be required if adverse weather conditions continue or initial treatments are insufficient. Vendor shall notify Agency Representative of the need for repeat applications, and such work shall be approved, deferred, or disallowed by the agency representative.

Spilled salt, accumulations of salt, or excessively applied salt shall be removed completely and legally disposed of off-site as soon as the slippery conditions are passed. Salt applications considered excessively applied shall not be included as billable product or service.

Salt shall not be applied to concrete surfaces less than one year old. For these areas, non-salt abrasive materials, such as coarse sand, may be applied to facilitate traction. A review of said property shall be held with the Agency Representative to determine the location of virgin concrete and appropriate treatment methods.

Plowed snow shall be piled in designated common areas. Snow shall not be piled on, nor block access to sidewalks, dumpsters, reserved or handicap parking spaces. Do not cover drain grates with piled snow. Efforts shall be made to stockpile snow on the lower side of elevated pavements to minimize the occurrence of hazardous conditions caused by thawing and re-freezing moisture on pavements.

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

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

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

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

3) Plow and use abrasives only.

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

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

Vendor shall monitor the freezing of roof drainage onto pavements. When day and night temperatures fluctuate between freezing and thawing, drainage onto pavements shall be kept melted with applied salts until conditions are such that continued application is inadequate to maintain safe pavements.

At such time, the vendor shall prohibit access to the slippery pavements with hazard cones or caution tape and monitor daily to permit reopening as soon as possible.

B. Equipment: Trucks used for plowing and spreading salt shall be four-wheel drive, three quarter (3/4) ton or larger, properly licensed, of good general appearance, free of human graphic art, and in excellent mechanical condition. Trucks shall have windshield wipers/washers, defrosters, and lights that will operate under adverse weather or plowing conditions.

Trucks shall have the necessary hydraulic, electrical, and structural modifications to accommodate a minimum 7 ft. snow plow and V-box hopper or tailgate spreader. Trucks shall be fitted with additional headlights that will light the roadway in front of the snow plow so as not to blind oncoming traffic. Trucks shall be equipped with one amber flashing light on the truck cab.

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

All equipment to be used for this contract should be checked for readiness and needed repairs made as soon as possible. All salt application equipment shall be installed and calibrated, plow attachments mounted.

All equipment shall be inspected, by vendor, prior to each shift that the equipment is mobilized.

In the event that it becomes necessary to pile snow higher than the truck-mounted plow will allow, equipment used for piling shall be a minimum of a 45 Horse-Power Skid-steer loader, with a four (4) foot bucket. Backhoes or hi-lift loaders with larger capacity are acceptable larger equipment.

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

C. Materials: Salt applied to asphalt vehicular use areas (VUA) shall be sodium chloride.

Furnish sodium chloride in a free flowing condition and conforming to the following chemical and physical requirement:

Sieve Size Mass % Passing

19.0 mm (3/4 inch) ---------

12.5 mm (1/2 inch) 100

9.5 mm (3/8 inch) 95 to100

4.75 mm (No. 4) 20 to 90

2.36 mm (No. 8) 10 to 60 600 um (No. 30) 0 - 15

Material Safety Data Sheets shall be provided by the Contractor for all varieties of material used prior to commencement of operations.

Vendor Representatives Vendor shall provide names and contact information of a primary and secondary person responsible for the coordination of all performance issues under resulting contract. Office of Building and Mechanical Services uses these means of communication extensively.

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The Primary or Secondary contacts shall respond to DFSS agency representative call or text message, within 15 minutes. This is especially important during a snow event.

Vendor will be required to respond (at the work site) to all call back issues for any unacceptable work, a maximum of 45 minutes after receipt of notification. Vendor response shall consist of an acknowledgement of the call and remediation of the problem.

Agency Reimbursement Options The vendor may be responsible for the reimbursement of any and all costs incurred by the Using Agency, if and when the Using Agency determines performance or repairs are required due to the vendor’s failure to perform as specified.

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

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

Cost recovery for damages and/or failure to perform specified services associated with this agreement will be achieved via deduction from the vendor’s invoice for the month in which it occurs.

Damage to Property The Vendor shall repair and/or replace, at no expense to Agency, any damaged sections of ramps, stairs, sidewalks, curbs, utilities, plant material, lawns, and/or any other structures or surfaces caused by work performed under this contract or incidental thereto, whether by successful bidder’s own forces or by his subcontractors. The vendor shall immediately notify Agency Representative of any such damage.

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 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)

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Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor 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 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.

D. 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.

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2700000157 Final Snow & Ice Management - VUA L&N Building Total Pages: 28 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx

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

Section 4 Initial Contract Period The contract established from this solicitation shall be for the initial period of one (1) year from the date of award and expiring August 31, 2027.

Section 5 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 6 Invoices Invoices shall be prepared and transmitted to the agency receiving the goods or services. Each invoice shall contain at least the following information as applicable:

Name of Contractor, Entity or Individual;

Contractor designated point of contact;

Contract and/or Delivery Order number;

Unique Invoice number;

Item numbers that are associated;

Description of supplies or services;

Sizes;

Quantities;

Service Dates;

Unit prices; and Extended totals for invoiced line items.

Section 7 Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation. Electronic Bid submittal is the vendor’s agreement to be bound by the terms of all addenda issued.

Section 8 Agencies to be Served This contract shall be for use by the following agency of the Commonwealth of Kentucky:

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

Section 9 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this solicitation.

Section 10 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:

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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 11 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 12 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 13 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 14 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 15 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 26

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Service Performance All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent contractor. No agent, employee, or servant of the contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract.

Major deviations of services performed will not be made without the written approval of the Office for Building and Mechanical Services. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office for Building and Mechanical Services for settlement.

Section 17 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 18 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 19 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 20 Payments The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. A working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

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Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation.

The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided.

The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within ten (10) working days.

Section 21 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 22 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

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

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:

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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 23 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 24 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct with Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the Office for Building and Mechanical Services shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the Office for Building and Mechanical Services. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

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

Section 25 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 26 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

Document Phase Document Description Page 16 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 27 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at the following link:

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

Section 28 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 29 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 30 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 31

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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 32 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 33 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.