Document ID: RFP 082 2700000104 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: BEAD SECTION 106 HISTORIC PRESERVATION SERVICES

Date Issued:

10/14/2026 Record Date:

10/13/2026

Solicitation Closes Date:

10/21/2026 Time:

16:30

Solicitation No:

RFP 082 2700000104

Reason for Modification

Addendum to respond to vendor questions per section 7.00, Questions Regarding this RFP. Please see pages 23 and 24. The proposals due by date has been extended. The Cost Proposal Form has been updated.

Online Bidding Prohibited: No

For Information Call:

James Nelson 502-573-0260

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFP 082 2700000104 Page: 2

Line Items

Commodity Group: Default

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

1 HISTORIC PRESERVATION SERVICES

Comm Code Comm Description Manufacturer Model # Manuf Part #

90648 Historical Preservation

Extended Description The Office of Broadband Development is seeking a third-party cultural resource management contractor or company to provide Section 106 consultation services for National Telecommunications and Information Administrations BEAD projects and grant recipients by, among other necessary tasks, working with subgrantees to ensure federal, state, and local historic preservation requirements are met for each project.

Shipping Information Kentucky Office of Broadband Development Meghan Sandfoss 100 Airport Road, 3rd Floor

Frankfort KY 40601

Billing Information Kentucky Office of Broadband Development Meghan Sandfoss 100 Airport Road, 3rd Floor

Frankfort KY 40601

Document ID: RFP 082 2700000104 Page: 3

Submission Checklist

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

Item

Revised February 2026

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 –Section(s) 8.00 and 8.10 of this RFP

(not required if submitting electronically)

_____ *PROPOSED SOLUTION (TECHNICAL) UNDER SEALED COVER AND BY

CLOSING DATE --Section(s) 8.00 and 8.10 of this RFP

_____ *PROPOSED SOLUTION (COST) UNDER SEALED COVER AND BY CLOSING

DATE -- Section(s) 8.00 and 8.10 of this RFP

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN

ENTITY -- Section 8.00 of the Personal Service Contract Terms and Conditions of this

RFP

_____ REQUIRED AFFIDAVIT(S) – Section 8.20 of this RFP

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering” (Merriam-Webster Dictionary, https://www.merriam-webster.com/ dictionary/seal

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Total Pages: 33 https://www.merriam-webster.com/dictionary/seal https://www.merriam-webster.com/dictionary/seal

Addendum One (1) October 13, 2026

Addendum to respond to vendor questions per section 7.00, Questions Regarding this RFP. Please see pages 23 and 24. The proposals due by date has been extended. The Cost Proposal Form has been updated.

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

KENTUCKY INFRASTRUCTURE AUTHORITY

– OFFICE OF BROADBAND DEVELOPMENT

BEAD SECTION 106 HISTORIC PRESERVATION SERVICES

RFP 082 2700000104

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Office of Broadband Development.

Offerors are advised that any personal service contract resulting from this RFP must comply with all applicable provisions of KRS 45A and KRS 12.210 prior to becoming effective.

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 Finance and Administration Cabinet and filed with the Legislative Research Commission, Government Contract Review Committee.

1.00 Purpose and Background

The Kentucky Office of Broadband Development (the Office) is initiating this Request for Proposals (RFP) to solicit Proposals from those qualified and interested in a project for the Broadband Equity, Access, and Deployment (BEAD) Program for professional archeologist services.

Funded by the Bipartisan Infrastructure Law, BEAD is a federal grant program that provides funding to states and territories to deploy high-speed internet infrastructure. BEAD is administered by the National Telecommunications and Information Administration (NTIA).

The Office is tasked with implementing Kentucky’s BEAD allocation of approximately $1.1 billion. Kentucky’s BEAD Final Proposal was approved for 91 projects to deploy high-speed internet infrastructure to Broadband Serviceable Locations (BSLs) that are currently unserved and underserved. After awards are made but before deployment work can begin, the Office must ensure subgrantees meet all federal, state, and local environmental and historic preservation requirements.

Projects consist of multiple Census Block Groups (CBGs) that vary in number, size, and geographic location.

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PRESERVATION SERVICES

Total Pages: 33

The Office is seeking a third-party cultural resource management contractor or company (Vendor) to provide Section 106 consultation services for NTIA’s BEAD projects and grant recipients by, among other necessary tasks, working with subgrantees to ensure federal, state, and local historic preservation requirements are met for each project.

2.00 Scope of Work

The selected cultural resource management consultant will be responsible for preparing a literature and records review in accordance with the Kentucky State Historic Preservation Office (SHPO) Notice of Policy for broadband projects for every BEAD project area for submission to SHPO.

Vendor must also follow the Advisory Council on Historic Preservation Program Comment for Federal Communications Projects and use the Program Comment for Federal Communications Projects NTIA Section 106 Documentation Form. Vendor must meet the professional qualification standards established by the Secretary of the Interior for professionalism in history, archeology, or architectural history and be able to carry out Section 106 assessments for federally assisted undertakings in Kentucky.

Vendor will manage multiple BEAD projects simultaneously and work closely with federal, state, local agencies, and internet service providers, as well as other stakeholders, to ensure timely completion of reviews.

Vendor will coordinate with broadband stakeholders, including grant recipients, federal, state, and local government officials and industry representatives to provide guidance and technical assistance on cultural resource issues related to broadband infrastructure deployment and ensure timely completion of reviews and approvals.

Vendor will provide subject matter expertise and technical assistance on cultural resource issues related to broadband infrastructure deployment to the Office and BEAD grant subrecipients.

Vendor will develop and implement cultural resource management plans for broadband projects and monitor compliance with Environmental and Historic Preservation (EHP) laws and regulations throughout the project lifecycle.

Vendor will provide support to the Office’s environmental and cultural resources team by participating in project meetings and providing regular updates on Section 106 approvals, including maintaining accurate records of all reviews and approvals.

Vendor will participate in necessary escalation procedures to resolve historic preservation disputes and delays.

3.00 Evaluation Criteria

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

The Office of Broadband Development has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

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

The Office shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirements

Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

PROPOSALS THAT DO NOT MEET

MANDATORY REQUIREMENTS WILL BE

DEEMED NON-RESPONSIVE AND WILL

NOT BE CONSIDERED.

Pass/Fail

Must provide evidence that staff meet the Secretary of the Interior’s Professional Qualification Standards for history, archeology, and/or architectural history:

The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution;

or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

-or-

The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus:

Pass/Fail

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1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management;

2. At least four months of supervised field and analytic experience in general North American archeology, and

3. Demonstrated ability to carry research to completion.

In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.

-or-

The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field with coursework in American architectural history or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

Project Proposal must detail the following in a narrative:

# Project Approach/Methodology: Up to 20 points for a project methodology that

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2700000104 Final BEAD SECTION 106 HISTORIC demonstrates the ability to manage the project in an organized and timely manner.

# Work Plan: Up to 80 points for a clear work plan that lays out the entire plan for the project.

# Project Schedule: Up to 40 points for demonstrating a reasonable project schedule that gives the Office an idea of the time it will take to conduct individual BEAD project reviews.

# Outcome and Performance Measurement:

Up to 20 points for a narrative regarding and tracking efficiency and progress of the project performance and for including milestones to be accomplished.

# Risks: Up to 10 points for including any anticipated risks that might slow work down and cause the task to be challenging to complete; and up to 10 points for how you will mitigate the risks.

# Deliverables: Up to 20 points for including what you will present to the Office, how you will present it, and in what format. Must also include how often you anticipate submitting completed work.

Must demonstrate previous experience in completing a project similar in nature (i.e. linear facility projects) (10 points). Previous experience with similar projects specifically in Kentucky is preferred (20 points)

Offerors will demonstrate five (5) or more years of experience with NHPA and other relevant federal, state, and local regulations, including NEPA (14 points for each year of experience up to five years;

up to 70 total points).

Must include a list of contracts the Offeror has performed during the last five years that relate to the Offeror’s ability to perform the services needed under this RFP. Must list contract periods of performance, contact persons, telephone numbers, and e-mail addresses (up to 20 points)

Must list names, addresses, telephone numbers, and e-mail addresses of three (3) business references for the Offeror (up to 20 points) and three (3) business references for the lead staff person for whom work has been accomplished

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2700000104 Final BEAD SECTION 106 HISTORIC or in progress projects of a similar nature and briefly describe the type of service provided (up to 20 points). By submitting a Proposal, the Offeror and any partners or agents authorize the Office to contact these references and any others who, from the Office’s perspective, may have pertinent information related to the performance of the Offeror. The Office may or may not contact references in its sole discretion.

Must include a list of any contracts entered into by the Offeror that were terminated for default during the last five years. If no such termination for default has been experienced by the Offeror in the past five years, include a statement indicating such. Offeror must submit full details of the terms for default including the other party’s name, address, and phone number. Present the Offeror’s position on the matter. (40 points for no terminated contracts;

20 points for terminated contracts, and the Office reserves the right to approve or reject the proposal after evaluating the facts of past performances).

Must provide a description of the proposed project team management structure including:

• List of key personnel to be assigned to the scope of work, including identifying project lead (15 points).

• Qualifications of all key personnel to be assigned to the scope of work (20 points);

• Where (city & state) work will be performed (15 points for work in Kentucky; or 5 points for work elsewhere);

• If, and for which tasks, subcontractors will be required to complete the scope of work (10 points for requiring subcontractor; 15 points for not requiring subcontractor);

• Description of proposed mechanisms for communication, reporting, technical direction, cost control, schedule control, quality control, quality assurance and control of subcontractors (5 points for each topic; up to 35 total points).

Must include organizational chart indicating lines of authority for personnel involved in the performance of this potential contract. Identify the personnel who will have prime responsibility and

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2700000104 Final BEAD SECTION 106 HISTORIC final authority for the work (25 points). Chart must also show lines of authority to the next senior level of management (25 points).

Maximum Points Possible 550

Cost Proposal Evaluation

Criteria Maximum Points Possible Cost Evaluation Criteria are as follows:

The cost proposal must be for a contract from November 2, 2026, to June 30, 2028. The lowest total cost will receive the maximum score. The Vendor shall only provide cost on the attached Cost Proposal Form; otherwise, the proposal may be deemed non-responsive

Maximum Points Possible 400

Oral Demonstration/Presentation Evaluation, if required

Criteria Maximum Points Possible

Oral Demonstration/Presentation

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. Oral Presentations/Demonstrations may be conducted through videoconferencing or by conference call, if it is in the best interest of the Commonwealth to do so.

This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

If required, the top 3 highest ranking vendors may be invited. Scheduling will be at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/demonstrations

Maximum Points Possible 250

Total Proposal Evaluation

Criteria Maximum Points Possible

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2700000104 Final BEAD SECTION 106 HISTORIC

Technical Proposal 550

Cost Proposal 400

Oral Demonstrations/Presentations, if required 250

MAXIMUM POINTS POSSIBLE 1200

4.00 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 10/08/2026

Proposals Due by: 4:30pm 10/16/2026 10/21/2026

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

5.00 Offeror’s Conference

The Offeror’s Conference will not be held.

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:

Taylor Burchett

100 Airport Road, 3rd Floor Frankfort, KY 40601 502.871.2797 taylor.burchett@ky.gov

From the issue date of this RFP until a Contractor(s) is selected and the selection is announced, Offerors shall not communicate with any other Commonwealth staff concerning this RFP.

7.00 Questions Regarding this RFP

Questions must be submitted in writing to the Agency Contact. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s eProcurement page.

8.00 Proposal Submission

Electronic Proposals

Proposals shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service System.

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mailto:taylor.burchett@ky.gov

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov .

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing.

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. Instructions “How to Submit an Online Response for a Business Opportunity” are posted to Kentucky’s Vendor Self Service, https://vss.ky.gov . If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

Proposals submitted online must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online proposal after the published date and time for closing.

A proposal may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

8.10 Format of Response

Electronic Proposals

Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary.

1. Proposals must be submitted electronically in the eProcurement System, Kentucky Vendor Self Service site.

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PRESERVATION SERVICES

Total Pages: 33 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

a. The Technical Proposal shall be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Technical – Name of offeror RFP number

b. The Cost Proposal shall be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Cost – Name of offeror RFP number

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Proprietary – Name of offeror RFP number

All proposals must be received no later than 4:30pm on October 16 21, 2026.

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING

INFORMATION IN THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.20 Format of Technical Proposal

The Technical Proposal must be arranged and labeled in the manner set forth below.

Transmittal Letter – a Transmittal letter shall be submitted on 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.

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, pursuant to KRS 11A.040, that Offeror has not knowingly violated any provisions of the Executive Branch Code of Ethics.

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.

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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 and email address and website address, if available, of the contract 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.

Completed and Signed Solicitation and Addenda – An authorized representative MUST complete and sign the Solicitation form and include the following:

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:

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

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

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified Bidder Status – if applicable. Available at the following link:

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

*Offerors not claiming Qualified Bidder Status need not submit this affidavit.

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.

8.30 Format of Cost Proposal

The Cost Proposal must be submitted under separate cover from the Technical Proposal and must be arranged and labeled in the manner specified. The proposal with the lowest price receives the maximum score. The remaining proposals with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points.

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8.40 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition Regulation 52.209-5, 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.

For the purposes of this certification, “Principals”, 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.

9.00 Rules of Procurement

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

Offerors should review and comply with the General Conditions and Instructions for Solicitation/ Contract listed under “Response to Solicitation” located on the eProcurement web page at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

9.10 Technical Proposal Evaluation

The Office of Broadband Development 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 with their offer to enable the evaluator(s) to afford each vendor 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 in the last twelve (12) months may be found non-responsible and ineligible for award.

9.20 Cost Proposal Evaluation

The Office of Broadband Development will evaluate the proposal based on the cost portion of the Evaluation Criteria.

Offeror shall only provide cost on the attached Cost Proposal Form; otherwise, the proposal may be deemed non-responsive.

9.30 Right to Reject/Waiver of Minor Irregularities

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

9.40 Clarification of Proposals

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https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The Commonwealth 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 Commonwealth 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.

9.50 Best and Final Offers

The Commonwealth reserves the right at its discretion to request a Best and Final Offer (BAFO) for technical and/or cost 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 Best and Final technical and/or cost offer.

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. The Office of Broadband Development shall not disclose any portions of the proposals prior to contract award to anyone outside the Office of Broadband Development, representatives of the agency for whose benefit the contract is proposed, 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 Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any and all documents submitted by an Offeror in response to the RP shall be available for public inspection after contract award pursuant to the Kentucky Open Records Act, KRS 61.870 to 61.884 (“the Act”). When responding to a request to inspect records submitted in response to this RFP, the Commonwealth will not redact or withhold any information or documents unless the records sought are exempt from disclosure pursuant to KRS 61.878 or other applicable law. Similarly, no such documents shall be exempt from public disclosure, regardless of the Offeror’s designation of the information contained therein as “proprietary,” “confidential,” or otherwise, except in cases where the requested documents (or information contained therein) would be excluded from application of the Act under KRS 61.878(1)(c).

The Commonwealth of Kentucky 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 rejections of the proposal will not affect this right.

9.70 Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

Determining the residency of a bidder for purposes of applying a reciprocal preference

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Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The Office of Broadband Development reserves the right to request documentation supporting a bidder’s claim of resident bidder status.

Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

As part of its response, a nonresident bidder shall submit its certificate of authority to transact business in the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for Qualified Bidder or the Department of Corrections, Division of Prison Industries (200 KAR 5:410)

Pursuant to KRS 45A.470 and 200 KAR 5:410, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen

(15) percent of the maximum points awarded to a bidder in a solicitation. New Vision Industries, Inc., any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Any bidder claiming “qualified bidder” status, other than New Vision Industries, Inc., shall submit a notarized affidavit affirming that it meets the requirements to be considered a qualified bidder as part of its response to the solicitation (affidavit form included as part of this RFP). If requested, failure to provide documentation proving qualified bidder status to a public agency, if requested, may result in disqualification of the bidder or contract termination.

9.80 Negotiation

After conducting the evaluation to determine the best proposal received, the Office of Broadband Development 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 Office of Broadband Development 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 Commonwealth.

9.85 Best Interests of the Commonwealth

The Commonwealth will rank all proposals in the manner set forth in the Evaluation Criteria.

However, the Commonwealth 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 Commonwealth.

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

To view the award of contract(s), including the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service Site at:

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Offerors can search for the solicitation title or number in the keyword search field or filter their search for only awarded solicitations by clicking on “Advanced Search” and changing the status to “awarded.” The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the Offeror’s responsibility to review this information in a timely fashion. No other notification of the results of an Award of Contract will be provided to unsuccessful Offerors.

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee. The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, 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 Commonwealth’s acceptance of the Contractor’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. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

6. Any clarifications concerning the Contractor’s proposal in response to the Solicitation.

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the 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 November 2, 2026 through June 30, 2028.

This agreement 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 filed with the Legislative Research Commission, Government Contract Review Committee.

This agreement 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 filed with the Legislative Research Commission, Government Contract Review Committee.

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PRESERVATION SERVICES

The Commonwealth reserves the right to renew this contract for up to two (2) additional two (2) year periods.

Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705.

10.40 Changes and Modifications to the Contract

Pursuant to 200 KAR 5:311, 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 Contractor and the Commonwealth, and incorporated as a written amendment by the Office of Broadband Development prior to the effective date of such modification or change. Modification shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee. Memoranda of Understanding, written clarification, and/or other correspondence shall not be construed as amendments to the Contract.

10.50 Insurance Requirements

** Proof of all required insurances should be provided prior to award.**

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

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

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

B. Additional Types of Insurance

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

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If

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2700000104 Final BEAD SECTION 106 HISTORIC items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

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

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

2. Professional Liability Insurance (If Applicable) Professional Liability (Error & Omissions) Insurance shall be required for all professional services performed by licensed or certificated individuals or individuals working on behalf of licensed or certificated individuals. The required Professional Liability Insurance shall have a minimum limit of liability of $1,000,000.00 per claim for damages arising out of negligent acts, errors, and/or omissions in the performance of services.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required.

Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

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

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

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

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

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

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, shall be in compliance with the laws of the Commonwealth

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2700000104 Final BEAD SECTION 106 HISTORIC of Kentucky, and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive. A list of authorized companies can be found at https://insurance.ky.gov/ ppc/Company/Default.aspx.

The certificate holder shall be listed as:

Kentucky Infrastructure Authority – Office of Broadband Development

100 Airport Road, 3rd Floor

Frankfort, KY 40601

Attn: Meghan Sandfoss

Certificate of Insurance must contain the following language in the Description of Operations box:

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

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

# The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract.

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

10.60 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.

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PRESERVATION SERVICES

Total Pages: 33 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx

Question: Will any of the work conducted previously by PaleoWest/Chronicle Heritage be made available to the new consultant? Or, due to the bankruptcy, this work to support the RFP will have to proceed as if there had not been a previous award?

Chronicle Heritage completed three reviews; they can be made available to the new consultant if requested.

Question: Have any of the parameters changed since the initial award, including the responses to questions submitted during the RFP process for RFP 082 2600000317?

Previously, Kentucky OBD had not yet signed the BEAD contract with NTIA. That contract has now been signed. At the time of these questions, Kentucky OBD is now working with internet providers to sign subgrantee contracts. The deadline for signed contracts is November 4, 2026.

91 BEAD projects were submitted to NTIA in the Final Proposal. Minus two satellite awards, three awards that have completed Section 106 review, and factoring in that some projects have now been broken down into smaller NEPA areas, there are currently 122 NEPA areas that require Section 106 review. Since the contract signing window is still open, not all 91 subgrantee contracts have been returned to the Office. It is possible that some subgrantees might still decline projects, resulting in fewer than 91 BEAD projects and fewer than 122 NEPA project areas.

Question: Regarding the original award of RFP-082-2600000317-2, is the award contract amount listed on the Solicitation page for the full amount of the 2-year contract, or just the initial 11-week period?

The amount in question was for the initial 11-week period.

Question: The first section of the Cost Proposal Form reads "11 Weeks of Contract Cultural Resource Management Services," while Section 10.30 states an initial term of November 2, 2026 through June 30, 2028. Should the first section be priced for the full initial term? Is the Grand Total (initial term plus renewal) the figure used for cost scoring?

This is an error on the Cost Proposal Form. The cost should be for the November 2, 2026 through June 30, 2028 term.

Question: Section 10.30 allows up to two additional two-year renewals, but the Cost Proposal Form includes one "Two-Year Renewal" section. Should offerors price one renewal period or both?

Please price one renewal period.

Question: Can the Office share the approximate number of BEAD project areas that still need Section 106 literature…