Final_RFP_005_2300000346_2_SO_FORM.PDF

Document ID: RFP 005 2300000346 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Customer Relationship Management Services

Date Issued:

05/01/2023 Record Date:

05/01/2023

Solicitation Closes Date:

05/26/2023 Time:

14:00

Solicitation No:

RFP 005 2300000346

Reason for Modification

This addendum is to update Section 8 of this RFP.

Online Bidding Prohibited: No For Information Call:

Regina K Long 502-564-8100

Bid Receiving Location:

Legislative Research Commission

702 Capitol Ave, Room 076

Frankfort KY 40601

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: RFP 005 2300000346 Page: 2

Line Items

Commodity Group: Default

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

1 Customer Relationship Management Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

20832 Customer Relationship Management Software

(CRM)

Extended Description Constituent Services Relationship Management

Shipping Information Legislative Research Commission

702 Capitol Ave, Room 076

Frankfort KY 40601

Billing Information Legislative Research Commission

702 Capitol Ave, Room 076

Frankfort KY 40601

Document ID: RFP 005 2300000346 Page: 3

Submission Checklist

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

Item

ADDENDUM HISTORY

This addendum is to update Section 8 with Affidavit links and an email address for proposal submission.

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION

_____ *PROPOSED SOLUTION (TECHNICAL)

_____ *PROPOSED SOLUTION (COST)

_____ TRANSMITTAL LETTER

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY

_____ REQUIRED AFFIDAVIT(S)

Document Description Page 4

2300000346 Customer Relationship Management Services

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Customer Relationship Management Services 230000346

This document constitutes a Request for Proposal (RFP) for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Kentucky Legislative Research Commission (LRC).

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Legislative Research Commission.

The Director of the Legislative Research Commission (LRC) will conduct a comprehensive and impartial evaluation of all responsive proposals to this RFP to determine the proposal representing the best value for the LRC. The Director may appoint an evaluation committee to receive formal presentations from shortlisted firms and for the committee to ask questions of the project team.

1. Purpose and Background

The Legislative Research Commission (LRC) provides nonpartisan services to the 138 members of the Kentucky General Assembly. A core component of those services is supplying meaningful tools for constituents to engage legislators and for legislators to effectively manage their relationship with constituents including appointments and responding to correspondence and messages. The LRC seeks a responsive, responsible, and creative cloud based or on-premise constituent relationship management application to handle constituent communications of all kinds and optimize workflows.

2.00 Scope of Work

2.01 Implementation and Services

The selected vendor, at a minimum, will provide implementation services and a dedicated customer service manager to support the LRC’s transition to the new application, as well as ongoing customer service support throughout the entirety of the contract. Implementation services should include but not be limited to an initial design review meeting with LRC staff and ongoing meetings to determine all hardware and software requirements, resources, specifications and all data communication requirements, resources, specifications, followed by a configuration of accounts, and role-based training for LRC staff and members of the General Assembly.

2.02 System Management Services

Ongoing system management should allow LRC staff to manage the application and perform initial troubleshooting.

2.03 Desired Features

Document Description Page 5

1. Integration with LRC’s current email, phone, and constituent services systems.

2. Individualized dashboard to allow collaboration between a member and staff with a simple user interface.

3. Flag, process, and respond to mass emails received by members.

4. Screen electronic communications to determine the district in which the constituent resides and other demographic data.

5. Centralized data pool for address verification.

6. Create letters to constituents and track letters from constituents.

7. Reports for members of all interactions with a constituent to prepare for meetings.

8. Short Message Service (SMS) support allowing members to engage with constituents via text.

9. Sort and group email contacts into audience categories based on areas of interest and create customized newsletters or targeted emails using drag-and-drop design.

10. Create and customize constituent surveys using drag-and-drop design and produce reports with simple graphics to view results.

11. Mobile access allowing members to perform legislative duties when not in the office in Frankfort.

12. Auto-reply options.

13. Ability to assign requests, projects, and documents to other staff with chain of custody information.

2.04 Intellectual Property

1. All data is the property of the Legislative Research Commission. The selected vendor must hold all information in strict confidence and not disclose to any third parties, nor make use of such data for its own benefit or for the benefit of another, or for any use other than the purpose agreed upon.

2. The vendor shall use best practice encryption to secure all data to guard against the release of confidential and Personal Identifiable Information (PII).

3. The vendor shall protect and secure all data at rest or in transit off of LRC premises with best practice encryption.

4. The LRC staff shall have the ability to manage the system/solution.

5. The LRC staff shall have the ability to do initial troubleshooting of the system/solution.

2.05 IT Requirements

1. The vendor shall work with the LRC to determine all hardware and software requirements, resources and specifications.

2. The vendor shall work with the LRC to determine all data communications requirements, resources and specifications.

3.00 Invoicing Requirements

Document Description Page 6

Payment shall be conditioned upon receipt of appropriate, accurate, and acceptable invoices submitted in a timely manner.

The vendor shall submit monthly invoices which shall contain two parts:

1. Legislative Research Commission’s Invoice Form; and

2. Supporting documentation to include dates and description of service.

Invoices that do not contain the requirements above will be rejected and sent back to the vendor for re-invoicing.

Invoices shall be submitted to the address below.

Legislative Research Commission

Attention: Regina Long

702 Capital Avenue, Annex Room 76

Frankfort, KY 40601

4.00 Evaluation Criteria

The following criteria will be used to evaluate the proposals to select vendor(s) to negotiate with or to shortlist:

1. Qualifications of the project team and the ability to complete the project in the proposed time frame.

2. Creativity and sensitivity to meeting the Desired Features in Section 2.03 of the RFP.

3. Proposed Customer Service Support options.

4. Initial costs and ongoing expenses related to the project as described in Section 2.00.

5. The Contractor shall be paid for no travel expenses unless specifically authorized by the Director of LRC.

5.00 Schedule of RFP Activities

The following schedule presents the major activities associated with the RFP distribution, written questions and proposal submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Release of RFP 4/28/2023 Written Questions due by: 2:00 PM 5/8/2023 Anticipated LRC Response to Written Questions 5/17/2023

Document Description Page 7

Proposals Due by: 2:00 PM 5/26/2023 Oral Presentations at the LRC’s Discretion 6/1-2/2023

*NOTE: ALL TIME REFERENCES ARE TO THE EASTERN TIME ZONE.

6.00 Point of Contact

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

Regina Long Legislative Research Commission 502-564-8100 Regina.Long@LRC.KY.GOV

From the issue date of this RFP until a vendor(s) is selected, Offerors shall not communicate with any other LRC staff concerning this RFP.

7.00 Questions Regarding this RFP

Questions must be submitted in writing to the Agency Contact. Solely at the discretion of the LRC, the LRC will respond to salient questions in writing by issuing an Addendum to the Solicitation.

8.00 Proposal Submission

Each qualified offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed.

Failure to submit as specified shall result in a non-responsive proposal, which may be rejected by the LRC in its sole discretion.

The Vendor shall complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation is not signed the proposal shall be deemed non-responsive.

a. “Vendor” box and “Payment” box should be completed.

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

d. Vendor shall provide date the form is completed and signed.

e. Signed face of the most recent Addenda, if applicable.

Signed and Notarized Required Affidavit for Bidders or Offerors - available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Resident

Bidder Status – if applicable. Available at the following link:

Document Description Page 8

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified

Bidder Status – if applicable. Available at the following link:

*Offerors not claiming Resident Bidder Status need not submit this affidavit

Acknowledgment of Addenda

It is the Vendor's responsibility to review any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation as indicated above constitutes the Vendor’s acknowledgement of an agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the Vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

All submitted technical and cost proposals shall remain valid for a minimum of six (6) months after the proposal due date.

Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and the Proprietary Information, if applicable. Do not include embedded documents, hyperlinks or hyperlinks to videos.

All proposals must be received no later than the time and date listed in Section 5.00. Submit proposals to Regina.Long@LRC.KY.GOV

8.10 Format of Technical Proposal

The Technical Proposal must be a detailed response to the technical requirements outline in the Evaluation Criteria. No cost information shall be provided in the technical portion.

Transmittal Letter – a Transmittal letter shall be submitted on the Offeror’s letterhead, and signed by an agent authorized to bind the Offeror. The Transmittal letter shall include the following:

a. A statement that deviations are included, if applicable.

b. A statement that proprietary information is included, if applicable.

Document Description Page 9

2300000346 Customer Relationship Management Services

c. A statement that, if awarded a contract as a result of this Solicitation, the Offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640.

d. A sworn statement that the Offeror has not knowingly violated any provisions of the Legislative Branch Code of Ethics in KRS 6.661 to 6.849, or the campaign finance laws of Kentucky in KRS Chapter 121.

e. A statement certifying that the price in this proposal was arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

f. A statement affirming that the Offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the Office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

g. The name, address, telephone number, fax number, email address and website address, if available, of the contact person to serve as a point of contact for day-to-day operations.

h. Subcontractor information to include the name of the company, address, telephone number and contact name, if applicable.

i. Foreign entity’s organization number issued by the Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Response to the Technical Portion of the RFP – Please provide a detailed response to the technical requirements outlined in the Evaluation Criteria. No cost information shall be provided in the technical portion.

8.20 Format of Cost Proposal

The Cost Proposal must be submitted separate from the Technical Proposal.

9.00 Technical Proposal Evaluation

The LRC will evaluate the proposal based on the technical portion of the Evaluation Criteria.

Each Offeror is responsible for submitting all relevant, factual and correct information. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance in the last twelve (12) months may be found ineligible for award.

9.10 Cost Proposal Evaluation

The Director of the LRC will evaluate and determine the proposal based on the best proposed value of this award.

9.20 Right to Reject/Waiver of Minor Irregularities

The LRC reserves the right at its discretion to reject any and all offers. The LRC also reserves the right at its discretion to waive informalities and minor irregularities in offers received.

Document Description Page 10

9.30 Clarification of Proposals

The LRC reserves the right at its discretion to request additional information as may reasonably be required for selection and to reject any proposals for failure to provide additional information on a timely basis.

The LRC reserves the right to conduct discussions with any Offeror who has submitted a proposal to determine the Offeror’s qualifications for further consideration. Such discussions shall not disclose any information derived from proposals submitted by other Offerors.

9.40 Negotiation

After conducting the evaluation process to determine the best proposal received, LRC reserves the right to negotiate a fair and reasonable compensation based on the pricing submitted in the offeror’s proposal. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, LRC reserves the right to proceed to the next highest ranked proposal. Other terms and conditions relating to the technical and/or cost proposals may be negotiated at the sole discretion of the LRC.

9.50 Oral Presentation Evaluation Criteria

The Vendors may be requested to provide oral presentations/demonstrations to answer questions or to clarify the understanding of the evaluators in accordance with the requirements of this RFP.

The oral presentation shall be scheduled at the discretion of the LRC. The LRC reserves the right not to require oral presentations/demonstrations at its discretion or in the event that they would not affect the final rankings.

9.60 Best Interests of the LRC

The LRC will rank all proposals in the manner set forth in the Evaluation Criteria. However, the LRC reserves the right to reject any or all proposals in whole or in part before, during, or after negotiation based on the best interests of the LRC.

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

Each offeror that submits a qualified and conforming proposal will be notified in writing by the LRC if a contract is awarded. The written notice will be sent to all offerors no sooner than fourteen (14) business days after the date the contract is awarded, and no other notification of an award of a contract will be provided.

10.10 Beginning of Work

Document Description Page 11

The Vendor shall not commence any billable work until a valid Contract has been fully executed.

This Contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

The LRC’s acceptance of the Vendor’s offer in response to the solicitation, indicated by the issuance of a Contract Award, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. The resulting written agreement awarded from this solicitation and any subsequent written amendments.

3. Any addenda to the solicitation.

4. The solicitation and all attachments

5. Any best and final offer.

6. Any clarifications concerning the Vendor’s proposal in response to the solicitation.

7. The Vendor’s proposal in response to the solicitation.

In the event of any conflict between or among the provisions contained in this contract, the order of precedence shall be as enumerated above.

10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from July 1, 2023 through June 30, 2025.

This agreement is not effective until the Director of the LRC or his authorized designee has approved the contract.

This contract may be renewed at the discretion of the LRC for as many additional one-year terms, not to exceed a total of five years, as needed for the purpose of and to the extent that said renewals are necessary to permit the Vendor to conclude any work on any cases in progress pursuant to the RFP.

Renewals shall be subject to prior approval from the Director of the LRC.

10.40 Changes and Modifications to the Contract

No modification or change of any provision in the contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the Vendor and the LRC, Document Description Page 12 and incorporated as a written amendment by parties prior to the effective date of such modification or change. Memoranda of Understanding, written clarification, and/or other correspondence shall not be construed as amendments to the contract.

10.50 Notices

Unless otherwise instructed, all notices, consents, and other communications required and/or permitted by the contract shall be in writing. After the award of the contract, all communications of a contractual or legal nature are to be made to the Agency Contact.

Addendum History

Addendum 1

May 1, 2022

This addendum is to update Section 8 with Affidavit links and proposal submission email address.

Document Description Page 13

Personal Service Contract Standard Terms and Conditions Revised January 2023

Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and Whereas, the second party, the Contractor, is available and qualified to perform such function; and Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party;

NOW THEREFORE, the following terms and conditions are applicable to this contract:

1.00 Effective Date

This contract is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the contract and until the contract has been submitted to the Legislative Research Commission, Government Contract Review Committee (“LRC”). However, in accordance with KRS 45A.700, contracts in aggregate amounts of $10,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes.

KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary.

2.00 Renewals

Upon expiration of the initial term, the contract may be renewed in accordance with the terms and conditions in the original solicitation. Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet or his authorized designee and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705, and contingent upon available funding.

3.00 LRC Policies

Pursuant to KRS 45A.725, LRC has established policies which govern rates payable for certain professional services. These are located on the LRC webpage https://apps.legislature.ky.gov/moreinfo/ Contracts/homepage.html and would impact any contract established under KRS 45A.690 et seq., where applicable.

4.00 Choice of Law and Forum

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.

5.00 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.

6.00 Cancellation

The Commonwealth shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the Contractor by registered or certified mail.

7.00 Funding Out Provision

The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the Contractor thirty (30) calendar days’ written notice of termination of the contract due to lack of available funding.

Document Description Page 14

2300000346 Customer Relationship Management Services https://apps.legislature.ky.gov/moreinfo/Contracts/homepage.html

8.00 Reduction in Contract Worker Hours

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the agreement will be reduced by the amount specified in that document. If the contract funding is reduced, then the scope of work related to the contract may also be reduced commensurate with the reduction in funding. This reduction of the scope shall be agreeable to both parties and shall not be considered a breach of contract.

9.00 Authorized to do Business in Kentucky

The Contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded.

The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof.

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 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. 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, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within

KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive, or the awarded contract shall be cancelled.

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

10.00 Invoices for fees

The Contractor shall maintain supporting documents to substantiate invoices and shall furnish same if required by state government. The invoice must conform to the method described in Section V of this contract.

Pursuant to KRS 45A.695, no payment shall be made on any personal service contract unless the individual, firm, partnership, or corporation awarded the personal service contract submits its invoice for payment on a form established by the committee.

*Invoice form is available on the Legislative Research Commission, Government Contract Review Committee website: https://apps.legislature.ky.gov/moreinfo/Contracts/homepage.html

11.00 Travel expenses, if authorized

The Contractor shall be paid for no travel expenses unless and except as specifically authorized by the specifications of this contract or authorized in advance and in writing by the Commonwealth. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth.

12.00 Other expenses, if authorized herein

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2300000346 Customer Relationship Management Services https://onestop.ky.gov/Pages/default.aspx

The Contractor shall be reimbursed for no other expenses of any kind, unless and except as specifically authorized within the specifications of this contract or authorized in advance and in writing by the Commonwealth.

If the reimbursement of such expenses is authorized, the reimbursement shall be only on an out-of-pocket basis. Request for payment of same shall be processed upon receipt from the Contractor of valid, itemized statements submitted periodically for payment at the time any fees are due. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth.

13.00 Purchasing and specifications

The Contractor certifies that he/she will not attempt in any manner to influence any specifications to be restrictive in any way or respect nor will he/she attempt in any way to influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and the following paragraph that pertains to conflict-of interest laws and principles, "he/she" is construed to mean "they" if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then "he/she" is construed to mean any person with an interest therein.

14.00 Conflict-of-interest laws and principles

The Contractor certifies that he/she is legally entitled to enter into this contract with the Commonwealth of Kentucky, and by holding and performing this contract, he/she will not be violating either any conflict of interest statute (KRS 45A.330-45A.340, 45A.990, 164.390), or KRS 11A.040 of the executive branch code of ethics, relating to the employment of former public servants.

15.00 Campaign finance

The Contractor certifies that neither he/she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The Contractor further swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the company which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the company which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

16.00 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).

17.00 Protest

Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective vendors in connection with the solicitation or selection for award of a contract.

Any actual or prospective vendor, who is aggrieved in connection with the solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and, in any event, within two (2) calendar weeks after

Document Description Page 16 such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed to:

Holly M. Johnson, Secretary Commonwealth of Kentucky Finance and Administration Cabinet Office of the Secretary 200 Mero Street, 5th Floor Frankfort, KY 40622 The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

18.00 Social Security

The parties are cognizant that the state is not liable for social security contributions, pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract.

Any exceptions to this stipulation require an attachment or exhibit that explicitly addresses, and provides a basis for, payment of second party’s social security contributions by the state, pursuant to 42 U.S.

Code, section 418.

19.00 Violation of tax and employment laws

KRS 45A.485 requires the Contractor and all subcontractors performing work under the contract to reveal to the Commonwealth any final determination of a violation by the Contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to corporate and utility tax, sales and use tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. Disclosure of any violations is required prior to the award of any state contract and throughout the duration the contract.

Failure to disclose violations, shall be grounds for the Commonwealth's disqualification of a contractor or subcontractor from eligibility for future state contracts for a period of two (2) years.

To comply with KRS 45A.485, the Contractor and all subcontractors performing work under this contract shall report any such final determination(s) of any violation(s) within the previous five

(5) years to the Commonwealth by providing a list of the following information regarding any violation(s): (1) specific KRS violated, (2) date of any final determination of a violation, and (3) state agency which issued the final determination.

A list of any disclosures made prior to award of a contract shall be attached to the contract.

The Contractor affirms that it has not violated any of the provisions of the above statutes within the previous five (5) year period, aside from violations explicitly disclosed and attached to this contract.

Contractor further affirms that it will (1) communicate the above KRS 45A.485 disclosure requirements to any subcontractors and (2) disclose any subcontractor violations it becomes aware of to the Commonwealth.

20.00 Discrimination

This section applies only to contracts disbursing federal funds, in whole or part, when the terms for receiving those funds mandate its inclusion. Discrimination (because of race, religion, color, national origin, sex, Document Description Page 17 sexual orientation, gender identity, age, or disability) is prohibited. During the performance of this contract, the Contractor agrees as follows:

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.

In all solicitations or advertisements for employees placed by or on behalf of the Contractor, the Contractor will 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.

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

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

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

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

The Contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

21.00 Bidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth Law The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the

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

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

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

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

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

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