Final_RFP_025_2500000288_2_SO_FORM.PDF

Document ID: RFP 025 2500000288 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: Court Facility Assessment Services

Date Issued:

04/17/2025 Record Date:

04/17/2025

Solicitation Closes Date:

04/28/2025 Time:

15:30

Solicitation No:

RFP 025 2500000288

Reason for Modification

To add Q&A

Online Bidding Prohibited: Yes For Information Call:

Brandy Cook 502-573-2350

Bid Receiving Location:

Administrative Office of the Courts Purchasing 1001 Vandalay Drive

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 025 2500000288 Page: 2

Line Items

Commodity Group: Default

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

1 Architectural/Engineering assessments of court facilities

Comm Code Comm Description Manufacturer Model # Manuf Part #

906 ARCHITECTURAL SERVICES,

PROFESSIONAL

Extended Description Need firm to furnish architectural/engineering assessments of court facilities for the AOC.

Shipping Information

Billing Information

Document ID: RFP 025 2500000288 Page: 3

Submission Checklist

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

Item Bid Information-Completed

April 17, 2025

RFP 025 2500000288

MOD 1

QUESTION 1:

We understand that the proposal outlines seven factors which are to be included, at minimum, in each assessment provided by the firm awarded. In the example Attachment A, additional factors were included such as Environmental Hazards, Room Schedules, Caseload and Population. Are those anticipated to be included in the cost proposal fee? If so, will hazardous material reports be required in the proposed fee or be an additional service on a per-case basis?

ANSWER 1:

Yes, the hazardous material, room schedules, caseloads and population should be included as part of the assessments and should be included in the proposed fee. Caseload information will be provided by the AOC.

QUESTION 2:

What materials will be provided by the AOC for each facility? Would a program document (with area breakdowns) and existing floorplans be provided?

ANSWER 2:

The AOC will provide floor plans for each facility and record drawings, to the extent that they are available.

QUESTION 3:

We understand that there is one report per county. Does the AOC have a preference on how reports should be handled if there are multiple facilities per county?

ANSWER 3:

There should be separate reports for each building to be combined under one cover sheet that would assign a total score to the county.

QUESTIONS 4:

Are there any projected future changes to the county caseloads, populations, or demographics that need to be considered for these assessments? It is our understanding that these are intended to assess current conditions only.

ANSWER 4:

Projected population growth over the next 25 years does need to be taken into consideration in these assessments. See link: https://nextstepsmiles.com/start/

QUESTION 5:

The scope indicates that on-site walkthroughs will be conducted with AOC personnel, is this a requirement or a preference?

ANSWER 5:

It is a requirement.

Document Phase Document Description Page 4

2500000288 Final Court Facility Assessment Services Total Pages: 38

QUESTION 6:

ASTM E2018-24 which governs what we do clearly states that “Facility Condition Assessments” is not considered to be a professional service and licensing is not required. ASTM states that clients should choose assessors based on experience. Given that we are to follow ASTM standard, can the requirements for professional licensing be waived?

ANSWER 6:

No.

QUESTION 7:

Please clarify the level of detail that is required to address ADA compliance for the buildings.

A Level one is a checklist-based visual review that is acceptable by ASTM E2018-15 Baseline Guide for Property Condition Assessment. A level two assessment typically involves a carefully measured documented review of each ADA compliance issue. What is the performance expectation for Accessibility compliance in your RFP? Level One or Level Two?

ANSWER 7:

Level two.

QUESTION 8:

Please confirm if a detailed code assessment is required, or if a checklist focused on readily visible issues is sufficient. In the event that you want to have a detailed code assessment completed, given that the work often exceeds the effort required for an FCA, can you please provide a more detailed scope of work for the detailed code assessment, including a list of the applicable codes you wish the assessment to include to allow for all parties to submit a comparable cost?

ANSWER 8:

A checklist of readily visible issues will be sufficient.

QUESTION 9:

Document Phase Document Description Page 5

With regards to the Space Adequacy, does KCOJ expect successful proponents to take detailed measurements or is a visual/checklist review sufficient? Can the KCOJ please provide a list of criteria that will be used for the review?

ANSWER 9:

The square footage as described in the floor plan should be compared against the programmatic criteria described in AP Part X, Sec. II. Modifications will be allowed by the AOC on a case by case basis.

QUESTION 10:

Is an environmental survey required to test for potential hazardous materials in the existing courthouses?

ANSWER 10:

Yes, a visual inspection will be sufficient.

QUESTIONS 11:

Would it be acceptable to include a cover as the first page of our proposal?

ANSWER 11:

Yes.

QUESTION 12:

Are there any additional requirements in the scope?

ANSWER 12:

Yes. The selected offeror is required to meet with representative of the AOC to review a draft of each assessment prior to final publication.

Document Phase Document Description Page 6

Table of Contents

Section 1 – Background and Scope

1.00 Background

1.01 Purpose

1.02 Minimum Requirements

1.03 Scope of Work

Section 2 – Administrative Overview

2.00 Issuing Office

2.01 Method of Award

2.02 Schedule of RFP Activities

2.03 Duty to Inquire

2.04 Offeror Responsible for Proposal Language

2.05 Instructions and Restrictions on Communications

2.06 Solicitation Addenda

2.07 Offer of Gratuities

2.08 Proposal Submittal

2.09 Modification or Withdrawal of Proposal

Section 3 – Procurement Rules and Requirements

3.00 Rules of Procurement

3.01 AOC Not Responsible for Preparation Costs

3.02 Waiver of Minor Irregularities

3.03 Best and Final Offers

3.04 Clarification of Proposals

3.05 Certification Regarding Debarment and Suspension

3.06 Certificate of Authority

Document Phase Document Description Page 7

3.07 Offeror Response and Public Inspection

3.08 Offerors’ Exception to Specifications

3.09 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Section 4 – Development of the Proposal

4.00 Proposal Submission

4.01 Format of Proposal

4.02 Tax

4.03 Offers to be Firm

4.04 Offeror’s Representations

Section 5 – RFP Evaluation

5.00 Proposal Evaluation

5.01 Responsiveness of Proposal

5.02 Responsibility of the Offeror

5.03 Proposal Scoring Criteria

Section 6 – Interviews

6.00 Use of interviews to Verify/Expand on Proposal

6.01 Right to Reject Based on Interviews

6.02 Scheduling of Interviews

6.03 Interview Evaluation Criteria

Section 7 -- Negotiation

7.00 Negotiation

7.01 Items to be Negotiated

7.02 Best and Final Offers

Section 8 – Ranking of Proposals and Award of Contract

8.00 Method of Award

8.01 Total Points Possible for Award

8.02 Collusive Bids

8.03 Rejection of All Offers

8.04 Agreement Between Parties

8.05 Protest

Section 9 – Standard Terms and Conditions

9.00 Effective Date

9.01 Contract Components and Order of Precedence

9.02 Contract Term and Renewal Option

9.03 Changes and Modifications to the Contract

9.04 Notices

9.05 Equipment/Condition

9.06 Addition or Deletion of Items or Service

9.07 Delivery, Transportation and Packaging

9.08 Inspection

9.09 Penalty for Late Delivery

9.10 Service Performance

9.11 Personnel

9.12 Substitution of Key Personnel

9.13 Permits and Licenses

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9.14 Purchasing and Specifications

9.15 Confidentiality of Data

9.16 Advertising

9.17 Insurance

9.18 Invoices for Fees

9.19 Terms for Prompt Payment

9.20 Travel Expenses

9.21 Other Expenses

9.22 Cancellation

9.23 Cancellation for Default

9.24 Termination for Convenience of the AOC

9.25 Termination Notice

9.26 Termination – Contractor Responsibilities

9.27 Funding Out Provision

9.28 Force Majeure

9.29 Assignment

9.30 Indemnification

9.31 Choice of Law and Forum

9.32 Authorized to do Business in Kentucky

9.33 Conflict-of-Interest Laws and Principles

9.34 Access to Records

9.35 Equal Employment Compliance

9.36 Social Security

9.37 Violation of Tax and Employment Laws

REQUEST FOR PROPOSALS

and

INSTRUCTIONS TO OFFERORS

Kentucky Court of Justice Administrative Office of the Courts

Document Phase Document Description Page 9

Court Facility Assessment Services

RFP # 025 2500000288

This document constitutes a Request for Proposals (RFP) from qualified individuals and organizations to furnish architectural/ engineering assessments as described herein and in the attachments hereto for the Kentucky Administrative Office of the Courts (AOC).

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 AOC.

DEFINITIONS

The term “AOC” means the Administrative Office of the Courts.

The term “KCOJ” means the Kentucky Court of Justice.

The term “solicitation” means Request for Proposals (RFP).

SECTION 1 – BACKGROUND AND SCOPE

1.00 Background

Since the founding of the Commonwealth, the Judicial Branch has been an independent branch of government, separate from the Executive and Legislative branches and from county and city governments. The Judicial Article to the Kentucky Constitution, passed in 1975 and effective in 1976, established Kentucky’s current unified court system. The 1975 Judicial Article created the Supreme Court of Kentucky and made the Chief Justice of the Commonwealth the administrative head of the state court system, also known as the Kentucky Court of Justice.

The Kentucky Court of Justice (KCOJ) is comprised of two trial courts, Circuit Court and District Court, and two appellate courts, the Court of Appeals, and the Supreme Court. The Administrative Office of the Courts (AOC) is the administrative and operational arm of the KCOJ. The responsibilities of the AOC include administering the judicial branch budget;

building and maintaining court facilities; maintaining court statistics; providing technology services for the KCOJ; providing educational programs for judges, circuit court clerks, and support staff; providing specialty courts and other statewide programs; and administering personnel policies and payroll. The AOC issues solicitations and enters into contracts to purchase goods and services needed throughout the KCOJ.

Court facilities are located in each of Kentucky’s 120 counties. KRS 26A.160(2)(a) requires the AOC to "assess the need for court facilities construction or renovation throughout the Commonwealth. The assessment shall consider the age, space adequacy, projected needs, structural soundness, mechanical and electrical systems, security needs, and interior and exterior quality of existing court facilities."

In 2020, the AOC contracted with a design professional to assess facilities in 37 counties that had never received legislative authorization for a judicial branch capital construction project or had received authorization prior to 1996. After evaluating each facility’s condition and needs, each county was given a score based on facility age, space adequacy, projected needs, structural soundness, mechanical and electrical systems, security needs, and interior and exterior quality.

Document Phase Document Description Page 10

The assessment for Owsley County is included as Attachment A as an example. The AOC used the design professional’s assessment scores for each county to rank the counties from 1-37 in order of greatest need for a judicial branch capital construction project. This ranking is periodically provided to the General Assembly. A copy of the current ranking list, County Rankings Based on Facility Assessments, is incorporated as Attachment B (County Rankings).

0.01 Purpose

The AOC issues this solicitation with the intent of entering into a personal services contract with a design professional for assessment of court facilities in 35 additional counties. Assessment scores for these 35 counties will be used to incorporate them into AOC’s County Rankings. The contract will also establish hourly rates for additional services, which may include reassessment of court facilities already included on the County Rankings upon request of the AOC due to newly identified circumstances relating to the structure of the facility or building components.

0.02Minimum Requirements The selected offeror is responsible for demonstrating and verifying that it meets all the following minimum requirements:

A. The lead architect(s) and engineer(s) assigned to complete the assessments must be licensed to practice architecture or engineering or both within the Commonwealth of Kentucky.

B. The successful offeror must be owned by a licensed architect or engineer.

C. In addition to the insurance requirements included in section 9.17 below, the successful offeror must have and maintain professional liability insurance throughout the contract term in the amount of $1 million per occurrence, $2 million aggregate.

0.03Scope of Work A. For each assessment, key personnel from the successful offeror must (1) meet with representatives from the AOC Department of Court Facilities at the AOC headquarters in Frankfort to discuss known areas of concern to be included in the assessment; and (2) complete an on-site walk-through of the court facility with AOC personnel and possibly local county officials.

B. The successful offeror must assess the condition of all KCOJ-occupied facilities in each county requested. The successful offeror shall include at least the following factors in each assessment:

1) Age

2) Structural soundness

3) Performance and lifecycle assessment of the mechanical and electrical systems

4) Security needs

5) Buildings code and ADA compliance

6) Space adequacy of the facilities relative to the AOC program space requirement

7) Interior and exterior quality of existing court facilities

Each assessment must include cost estimates for (1) renovation of existing court facility including remediation of existing facility deficiencies and cost associated with an addition, if needed to comply with AOC program requirements; and (2) cost of a stand-alone facility that complies with AOC program requirements.

C. After assessments are completed, the successful offeror must assign each county a score between 1 and 100 based on the seven factors listed in 1.03 (B) herein. The score must be consistent with the scoring rubric used to score the 37 counties that have already been

Document Phase Document Description Page 11 assessed. The AOC will use those values to further develop the AOC County Rankings, a prioritized list of proposed court facilities projects.

D. The successful offeror must complete assessments before the end of the contract term.

A complete list of KCOJ-occupied court facilities and address for the counties is included as Attachment C.

END OF SECTION 1

SECTION 2 – ADMINISTRATIVE OVERVIEW

2.00 Issuing Office

The AOC Department of Financial Services, Division of Procurement is the only entity authorized to change, modify, amend, alter or clarify the specifications and the terms and conditions of this RFP.

2.01 Method of Award

Award shall be issued on the highest-ranking proposal by a responsive, responsible offeror.

2.02 Schedule of RFP Activities

Release of RFP April 2, 2025

Written Questions Due April 15, 2025

Anticipated AOC Response to Written Questions April 21, 2025

Proposals Due by 3:30 p.m. Eastern Time April 28, 2025

Offerors Notified of Selection – Anticipated May 19,2025

Contract Execution – Anticipated June 2, 2025

All proposals must be electronically received in the Department of Financial Services, Division of Procurement no later than the due date and time defined in this solicitation.

NOTE: ALL TIME REFERENCES ARE EASTERN TIME ZONE.

2.03 Duty to Inquire

Offeror, by submitting a proposal, represents that it has read and understands the solicitation and that its proposal is made in compliance with the solicitation. Offerors should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the solicitation. Failure to do so will be at the offeror’s risk. Offeror assumes responsibility for any patent ambiguity in the solicitation that offeror does not bring to the AOC’s attention.

2.04 Offeror Responsible for Proposal Language

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All proposals submitted shall be deemed to have been made with the full knowledge of all of the terms, conditions, provisions, specifications and requirements contained in this solicitation and any addenda thereto.

Each offeror has the responsibility of delivering his/her proposal by the time and at the place prescribed in this solicitation. Proposals received prior to the closing for receipt of proposals will remain unopened until the time scheduled for opening offers. Any proposal received after the date and time specified in this solicitation may be rejected and returned unopened to the offeror.

The AOC shall not have any liability to an offeror due to the failure of such proposal to be properly addressed or marked, or the premature opening of such a proposal due to the improper address. Neither the proposals nor their contents will be made available for public information or inspection until a determination of a successful offeror has been made and award is final.

2.05 Instructions and Restrictions on Communications

The office listed below shall be the sole point of contact throughout the procurement process:

Administrative Office of the Courts Department of Financial Services, Division of Procurement 1001 Vandalay Drive Frankfort, KY 40601 Solicitation@kycourts.net

All communication attempts by the offeror, questions or requests for explanation concerning the meaning or interpretation of the solicitation instructions, specifications, etc., shall be submitted in writing via email to solicitation@kycourts.net on or before April 14, 2025 by 3:30 p.m.

eastern time.

The AOC will respond to salient questions in writing by issuing an amendment to the solicitation. No addenda of a material nature shall be issued later than seven calendar days prior to the date for receipt of proposals, except for addenda postponing the date for receipt of proposals or withdrawing the solicitation.

Offerors should clearly understand that any verbal representation made or assumed to be made during any verbal discussions held between offeror’s representatives and any KCOJ employee or official is not binding on the AOC All communications concerning this procurement shall be addressed to the below email:

Solicitation@kycourts.net

All questions and inquiries must be submitted electronically to Solicitation@kycourts.net.

No phone calls will be accepted nor voicemails returned.

From the issue date of this RFP until a Contractor is selected and the selection is announced, offerors are not allowed to communicate with any KCOJ employees or officials concerning this RFP except for the AOC Department of Financial Services, Division of Procurement. The AOC reserves the right to reject the proposal of any offeror who violates this provision.

2.06 Solicitation Addenda

This solicitation may be supplemented or amended at any time by appropriate addenda which will be posted to the eProcurement website. Addenda may also be necessary after the receipt

Document Phase Document Description Page 13 mailto:Solicitation@kycourts.net mailto:solicitation@kycourts.net mailto:Solicitation@kycourts.net date and will be sent to all offerors who have submitted a proposal. It shall be the offeror’s responsibility to verify all addenda prior to submittal of response by viewing at https:// eProcurement.ky.gov.

2.07 Offer of Gratuities

By submission of proposal, the offeror certifies that no elected or appointed official or employee of the Kentucky Court of Justice or AOC has or will benefit financially or materially from this procurement.

2.08 Proposal Submittal

Proposal Receipt Closing Date: April 28, 2025 by 3:30 p.m. Eastern time.

Offerors must submit the proposal electronically to the following email address:

Solicitation@kycourts.net

The Subject Line shall contain the following information:

Sealed Request for Proposal No: RFP # 025 2500000288

Proposal must be submitted in accordance with section 4.00.

The proposal must be received before the specified closing hour and date for receipt of proposals. All proposals are time stamped showing the hour and date officially received. A proposal received after the scheduled closing time for receipt of proposals is a “late proposal” and must not be considered for award, unless all of the following apply:

1. The need of the AOC is determined to preclude the re-solicitation of bids or offers;

2. No bids or offers are received other than the late bid or offer and it is postmarked before the date specified in the solicitation or has been logged into the courier’s tracking system before the bid closing time; and

3. The bid or offer is evaluated and found to serve the best interest of the KCOJ.

Offeror assumes full responsibility for timely delivery of the proposal in compliance with the above-described procedures and conditions. Proposals transmitted by facsimile will not be considered.

2.09 Modification or Withdrawal of Proposal

A proposal may be modified or withdrawn by electronic or written notice received prior to the hour and date specified for receipt of proposals. A proposal may also be withdrawn in person by an offeror or authorized representative, if the representative’s identity is made known and the representative signs a receipt for the proposal, but only if the withdrawal is made prior to the hour and date set for receipt of proposals. Withdrawal of a proposal after closing is permitted only if clear and convincing evidence indicates that an offeror has made a bona fide error in the preparation of a proposal and the error will result in substantial loss to the offeror. Proof must be submitted to substantiate error and loss to the reasonable satisfaction of the Division of Procurement.

END OF SECTION 2

Document Phase Document Description Page 14 https://eProcurement.ky.gov https://eProcurement.ky.gov

SECTION 3 – PROCUREMENT RULES AND REQUIREMENTS

3.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

3.01 AOC Not Responsible for Preparation Costs

The AOC will not pay any cost associated with the preparation, submittal, presentation or evaluation of any proposal.

3.02 Waiver of Minor Irregularities

The AOC reserves the right to reject any offers and to waive informalities and minor irregularities in offers received.

3.03 Best and Final Offers

The AOC reserves the right to request a Best and Final Offer (BAFO) for proposals. Offerors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any offeror will be allowed an opportunity to submit a BAFO.

3.04 Clarification of Proposals

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

The AOC reserves the right to conduct discussions with any offeror who has submitted a proposal to determine the offeror’s qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.

Any explanation or questions desired by an offeror regarding the meaning or interpretation of the RFP shall be submitted in writing not less than nine calendar days prior to the proposal closing date to solicitation@kycourts.net.

Verbal explanations, representations, or instructions shall not be binding on the AOC. Any information given to a prospective offeror concerning a solicitation shall be furnished to all prospective offerors by being posted at https://emars311.ky.gov/webapp/vssprdonline3111d/ AltSelfService.

All questions and inquiries must be submitted electronically. No phone calls will be accepted nor voicemails returned.

3.05 Certification Regarding Debarment and Suspension

The offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the offeror and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

“Principals”, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions).

Document Phase Document Description Page 15 mailto:solicitation@kycourts.net

3.06 Certificate of Authority

A domestic corporation submitting a proposal must be in good standing in accordance with the requirements of the Kentucky Secretary of State.

In comity with KRS 45A.480(1)(b), the AOC will not award a 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 proposal opening. Foreign entities should submit a copy of their certificate with their proposal or as soon as possible thereafter, but in no case later than fourteen (14) days after the proposal opening date. 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 proposal.

“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 AOC within the time frame identified above, the foreign entity’s proposal shall be deemed non-responsive or the awarded contract shall be cancelled. Businesses can register with the Secretary of State at https:// secure.kentucky.gov/sos/ftbr/welcome.aspx.

3.07 Offeror Response and Public Inspection

The RFP specifies the format, required information and general content of proposals to be submitted. The AOC shall not disclose any portions of the proposals prior to contract award to anyone outside of the KCOJ, except representatives of the Federal government, if required, and the members of the evaluation committee.

After a contract is awarded in whole or in part, the AOC shall have the right to duplicate, use, or publicly disclose all proposal data submitted by offerors in response to this RFP that is not designated by the offeror as proprietary. To designate information as proprietary, the offeror shall mark each and every page it wishes to so designate with the word “Proprietary”.

The AOC shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejection of the proposal will not affect this right.

3.08 Offerors’ Exception to Specifications

If an offeror takes exception to any part of the specifications as set forth in this solicitation, the offeror must note and explain the exception in the Transmittal Letter included in their proposal.

If no exceptions are noted or set forth, the AOC is assured that the offeror guarantees to furnish and deliver the services as specified, at the price proposed. Unless a request for their return is made within 30 days of award of contract, all samples, if any, shall become property of the state.

3.09 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Prices quoted or negotiated in response to this solicitation shall remain firm until completion of the 35 assessments. After completion of the 35 identified assessment, the contract may be renewed and a new scope of work may be identified to assess additional counties. For any such renewal period, prices are subject to revision which may be either an increase or decrease. Such revisions may be requested by either of the contracting parties and must be requested in writing.

The party to whom the request is presented must notify the requesting party of its decision within

Document Phase Document Description Page 16 http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A01/070.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx

30 days after receipt of the request or satisfactory supporting documentation whichever occurs later. In the event the requested revision is refused, the requesting party shall have the right to decline to extend the contract for additional periods, without prejudice.

END OF SECTION 3

SECTION 4 – DEVELOPMENT OF THE PROPOSAL

4.00 Proposal Submission

Each qualified offeror shall submit only one response to the solicitation. Responses submitted jointly by more than one offeror shall not be considered. An offeror may use consultants as needed in the discretion of the offeror to complete the assessments. All submitted proposals shall remain valid for a minimum of six months after the proposal due date.

In the event of any conflict or variation between the solicitation, any addenda to the solicitation issued by the AOC, and the offeror’s proposal, the terms of any addenda shall prevail, followed by the terms of the solicitation, and lastly, the proposal.

The RFP response must include an electronic copy of the Proposal, including Tabs 1-8, and an electronic copy of the completed Cost Proposal Form, Attachment D, as a separate attachment emailed to solicitation@kycourts.net. The Cost Proposal Form must not be included in the Proposal document.

Proposals must be emailed to solicitation@kycourts.net before April 28, 2025, by 3:30 p.m.

Eastern time. To be considered complete, the email must include both a Proposal containing Tabs 1-8 and a separate Cost Proposal Form. Offerors must not include the completed Cost Proposal Form in the Proposal document. Only proposals submitted electronically will be accepted. The AOC reserves the right to reject the proposal of any offeror who does not abide by these provisions. Failure to timely remit one or more portions of the response may result in rejection of the proposal.

4.01 Format of Proposal

The proposal must be arranged and labeled with tabs or labeled pages separating the information provided in the manner set forth below. Failure to arrange and label the submittal in this manner may result in rejection of the proposal. Offerors shall set forth full, accurate, and complete information as required by the RFP.

Proposals that contain an offeror’s own special terms and conditions in conflict with the terms of the RFP or any applicable Kentucky law may be rejected.

A. TAB 1 - TRANSMITTAL LETTER

Provide a letter on offeror’s letterhead and signed by an agent authorized to bind the offeror. If the Transmittal Letter is not signed, the proposal may be deemed non-responsive.

The Transmittal Letter must include the following:

1. The name, address, telephone number, fax number and email address and website address, if available, of the contact person to serve as a point of contact during the solicitation process.

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2. 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

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

4. A statement certifying that to the best of its knowledge and belief, neither the offeror nor its subcontractors nor any of their Principals are presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

5. A statement certifying that the prices in this proposal were 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.

6. A statement that the contents of this proposal have not been communicated by the offeror or its employees or agents to any person not an employee or agent of the offeror, and will not be communicated to any such person prior to the proposal opening.

7. A statement that the offeror is legally eligible to enter into a contract with the AOC and the award of a contract shall not create any conflict of interest.

8. 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 the Kentucky AOC.

9. A statement explaining any deviations or exceptions the offeror has to the requirements or terms and conditions detailed in the RFP, if applicable.

10. If applicable, a statement that proprietary information is included. If the offeror intends for any of the proposal to be regarded as confidential, proprietary information, the offeror must submit a redacted version of the proposal.

11. A statement affirming that the offeror has the ability to meet all requirements of the RFP upon submission of the proposal.

12. A description of offeror’s understanding of the needs of the KCOJ as described in this solicitation to provide architectural/ engineering services.

13. An overview of the offeror’s approach to the project.

14. A discussion of how the proposed solution will address the needs of the KCOJ.

The Transmittal Letter MUST NOT include any cost/pricing information. Cost information must only be provided in the Cost Proposal Form.

B. TAB 2 – COMPLETED AND SIGNED SOLICITATION AND ADDENDA

An authorized representative of the agency MUST complete and sign the Solicitation form (Page 1 of the Solicitation). Failure to sign shall render proposal invalid.

“Vendor” box and “Remit To” box must be completed.

Vendor shall indicate ownership type and “Additional Vendor Information”

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Vendor shall complete “FEIN,” if applicable.

Vendor shall provide date the form is completed and signed.

Signed face of most recent Addendum, if applicable.

C. TAB 3 – CERTIFICATE OF AUTHORITY

Pursuant to KRS 14A.1-070, a "foreign entity" is any corporation, not-for-profit corporation, cooperative, association, business or statutory trust, partnership, limited partnership, or limited liability company not: (a) organized pursuant to the laws of the Commonwealth of Kentucky; or

(b) as to its internal affairs, governed by the laws of the Commonwealth of Kentucky.

In this Tab, any offeror who is not a foreign entity under the definition provided in KRS 14A.1-070 shall declare that it is not a foreign entity. Any offeror meeting the definition of a foreign entity shall:

1. Provide a copy of its certificate of authority; or

2. Detail the steps taken to ensure that a certificate will be provided within the time frame below; or

3. Identify any applicable exception under KRS 14A.9-010, if the offeror believes that an exception applies.

In comity with KRS 45A.480(1)(b), the AOC will not award a contract to an offeror 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 offeror produces the certificate within fourteen (14) days of the proposal opening.

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 AOC 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:// secure.kentucky.gov/sos/ftbr/welcome.aspx.

D. TAB 4 – MINIMUM REQUIREMENTS

1. Offeror must provide proof of licensure as an architect or engineer in the

Commonwealth of Kentucky for each of the key personnel identified in Tab 7.

2. Offeror must provide a completed Vendor Disclosure Form (see Attachment E) and proof of licensure as an architect or engineer in the Commonwealth of Kentucky for at least one person listed as an owner of the offeror on the Vendor Disclosure Form.

3. Offeror must provide a copy of its professional liability insurance certificate.

E. TAB 5- REFERENCES

Offeror must provide a minimum of three references from current customers. Describe the nature of the services provided for each reference.

The following information is required for each reference:

- Client’s name

- Client’s address

Document Phase Document Description Page 19 http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF

- Contact person

- Contact person’s title

- Contact person’s phone number

- Contact person’s email address

- Summary of the project

- Reference letter (if possible)

F. TAB 6 – QUALIFICATIONS OF OFFEROR AND EXPERIENCE OF OFFEROR

1. Offeror background and experience The Offeror must provide the following information (at minimum):

a. Provide a description of the offeror’s experience in performing architectural/ engineering assessments. If the Offeror has had specific KCOJ- related experience, it should be detailed here.

b. Provide an explanation of the offeror’s qualifications to perform facilities assessments for a project of this scope.

2. Specific information about the Offeror.

The Offeror must provide the following information (at minimum):

a. Name of firm

b. License information for the Owner of the firm

c. Address of Headquarters

d. Address of department/ division providing the professional services

e. Year business started

f. Number of years in business

g. State of incorporation

h. Total number of full-time employees nationally

i. Total number of full-time employees located in Kentucky

j. Contact person during project, including:

i. Address

ii. Phone number

iii. Email address

k. Number and scope of current projects, including projects bid but not yet answered

3. Failed projects/ criminal charges/ litigation The Offeror must provide a list of failed projects and litigation. The list should include, but not be limited to, the following:

a. Explanation of any instance where the company won a bid and was unsuccessful in implementation.

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b. Explanation of any criminal charges or convictions, civil litigation, threatened litigation or claims made relating to any of the services the Offeror proposes to provide in which the Offeror or any of its principals has been involved or is currently involved.

G. TAB 7 – EXPERIENCE OF THE INDIVIDUALS TO PROVIDE SERVICES

1. Provide a list of key personnel that will be assigned to the KCOJ assessment project.

Identify the roles, responsibilities, architect or engineer license number, and primary office location of each proposed key personnel. Key personnel should be included for each of the following disciplines: architectural services, structural engineering, mechanical engineering, and environmental engineering.

2. Provide a list of all KCOJ court facilities for which key personnel has provided design services in the last (5) years.

H. TAB 8 – METHODOLOGY AND APPROACH

1. Provide a detailed timeline for completion of the 35 required assessments.

2. Describe the offeror’s methodology and approach to performing architectural/ engineering assessments for KCOJ court facilities, including how the offeror intends to ensure that assessment scores for each court facility are consistent with the scores assigned to the 37 court facilities that have already been assessed.

3. Attach a rate sheet demonstrating hourly rates that will apply for additional services, which may include reassessment of court facilities already included on the County Rankings upon request of the AOC due to newly identified circumstances relating to the structure of the facility or building components

I. COST PROPOSAL FORM

In addition to the Proposal document containing Tabs 1-8, the offeror must complete Attachment D Cost Proposal Form. All blanks in the Cost Proposal Form must be completed and any required support data must be furnished. The completed Cost Proposal Form must not be included in the Proposal document. When submitting a proposal, attach the Cost Proposal Form as a separate attachment to the email. Both the proposal and the Cost Proposal form must be emailed to solicitation@kycourts.net before 3:30 p.m. Eastern time on April 24, 2025.

4.02 Tax

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Do not include Federal Excise Tax, Kentucky Sales Tax, or Kentucky Use Tax in price quoted in response to this solicitation. Sales of tangible personal property or services to the Commonwealth of Kentucky and its constitutional agencies, including the AOC, are not subject to Kentucky sales or use taxes.

4.03 Offers to Be Firm

The proposal shall be firm in offer and conform substantially to the advertised terms, plans and specifications. Any qualifications or reservation imposed by an offeror in the proposal retaining the option of accepting, modifying or rejecting an offered contract shall be cause to render the proposal not firm and ineligible for consideration of award. Any proposal in response to the RFP that includes terms contrary or in addition to those in the RFP may be considered non-responsive and may be rejected by the AOC.

The offeror shall make no stipulations on the Cost Proposal Form nor qualify the proposal in any manner.

4.04 Offeror’s Representations

Each offeror, by submitting a proposal, represents that:

A. The proposal amount has been arrived at by the offeror independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other contractor, vendor of materials, supplies, equipment or services described in the RFP, that is designed to limit independent bidding or competition.

B. The contents of the proposal have not been communicated by the offeror or its employees or agents to any person not an employee or agent of the offeror, and will not be communicated to any such person prior to the proposal opening.

C. The offeror is legally eligible to enter into a contract with the AOC and the award of a contract shall not create any conflict of interest.

D. Neither the offeror, nor its subcontractors, nor any of their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency. “Principals”, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions).

E. The offeror possesses the skill, expertise, and licensing to perform the services requested.

END OF SECTION 4

SECTION 5 – RFP EVALUATION

5.00 Proposal Evaluation

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The AOC shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The AOC may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The AOC reserves the right to reject all proposals.

Each offeror is responsible for submitting all relevant, factual and correct information with its offer to enable the evaluator(s) to afford each offeror the maximum score based on the available data submitted by the offeror.

Past offeror performance may be considered in the award of this Contract. Offerors with a record of poor performance may be found non-responsive and ineligible for award.

5.01 Responsiveness of Proposal

Proposals may be disqualified as nonresponsive for any of the following reasons documented by the Division of Procurement:

1. Failure of a proposal to conform to the essential requirements of an RFP.

2. Failure to conform to the scope of work contained or referenced in an RFP.

3. Failure to conform to a delivery schedule established in an RFP.

4. Imposition of conditions which modify the terms and conditions of the RFP or limit the offeror’s liability to the KCOJ on the contract awarded.

5. Submission of an unreasonable price.

6. Failure or refusal, within a reasonable time, to give a clarification about the proposal, if requested to do so by the purchasing officer.

7. Non-responsibility of an offeror.

8. Failure to furnish a bid guarantee if required by an RFP.

9. Other cause as documented by the purchasing officer in a Determination and Finding.

5.02 Responsibility of the Offeror

The AOC may, at any time, make a supplemental investigation of the responsibility of any offeror.# This may include investigation of the offeror’s financial responsibility, capacity to produce or source of supply, performance record in the business or industry, compliance with state health rules and regulations, and any other matter related to the offeror’s probable ability to deliver in the quantity and at the time required by a contract.

If the AOC concludes on the basis of all available evidence that a particular offeror does not appear sufficiently responsible to assure adequate performance, the proposal may be rejected.

5.03 Proposal Scoring Criteria

After determining that a proposal includes all required information and data, the AOC will evaluate the proposal based on the following evaluation factors:

Proposal Evaluation Criteria Points Possible

Organizational Capacity and Experience 75 Experience of Individuals Proposed to Provide Services 100 Timeline 125 Methodology 200 Total Points Possible 500

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END OF SECTION 5

SECTION 6 – INTERVIEWS

6.00 Use of Interviews to Verify/Expand on Proposal

The AOC may require interviews for at least the three top-ranked offerors based on proposals.

Offerors invited to present their proposals may not alter or supplement their proposals.

Interviews will be closed to the public. Only evaluation committee members, Procurement Division staff, and technical advisory members may attend the interviews.

6.01 Right to Reject Based on Interviews

The AOC reserves the right to reject any or all proposals in whole or in part based on interviews.

6.02 Interview Evaluation Criteria

Offerors may be requested to interview with the evaluation committee to clarify the understanding of the evaluators in accordance with the requirements of this RFP. Interviews, if requested, will be scheduled with at least the three top-ranked offerors based on proposal scores.

The interviews will be scheduled at the discretion of the AOC in Frankfort, Kentucky. The AOC reserves the right to not require interviews. AOC will contact responsive offerors to confirm and schedule an on-site presentation. Any travel expenses are the responsibility of the offeror.

If interviews are requested, Offerors will be evaluated based on their ability to demonstrate the following:

1. Experience and Expertise of the Firm

2. Experience and Expertise of Key Personnel

3. Approach to Project

4. Knowledge of Court Facilities in the Commonwealth

5. Communication Skills

END OF SECTION 6

SECTION 7 - NEGOTIATION

7.00 Negotiation

After determining the best proposal received, the AOC 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, the AOC reserves the right to proceed to the next highest rated proposal.

7.01 Items to be Negotiated

Items that may be negotiated are at the sole discretion of the AOC. The AOC reserves the right to negotiate compensation with the selected offerors. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, the AOC reserves the right to proceed to the next highest rated proposal.

7.02 Best and Final Offers

After determining the best proposal received in accordance with the award methodology stated in the RFP, the Division of Procurement may request Best and Final Offers, if determined appropriate by the evaluation committee. After the Best and Final Offers are received and re-

Document Phase Document Description Page 24 evaluated with criteria included in the Best and Final Offer instructions, the AOC may negotiate a fair and reasonable compensation with the selected offeror.

END OF SECTION 7

SECTION 8 – RANKING OF PROPOSALS AND AWARD OF CONTRACT

8.00 Method of Award

The AOC will rank the proposal in the manner set forth within this Solicitation. However, the AOC reserves the right to reject any or all proposals in whole or in part and to waive informalities and minor irregularities in offers received based on the best interest of the AOC and KCOJ.