Final_RFP_095_2400000423_1_SO_FORM.PDF

Document ID: RFP 095 2400000423 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Air Quality Permit Renewal Application Preparation

Date Issued:

05/13/2024 Record Date:

05/02/2024

Solicitation Closes Date:

06/10/2024 Time:

13:00

Solicitation No:

RFP 095 2400000423

Online Bidding Prohibited: Yes For Information Call:

Joseph Barrett 859-293-4224

Bid Receiving Location:

Department of Military Affairs Contract Specialist 5751 Briar Hill Road Bldg 18 Lexington KY 40516-9721

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 095 2400000423 Page: 2

Line Items

Commodity Group: Default

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

1 Air quality permit renewal application preparation

Comm Code Comm Description Manufacturer Model # Manuf Part #

92670PS PSC-Permitting Services, Environmental

Extended Description Task 1: Information Collection and Review. The consultant will request relevant information from Bluegrass Station (BGS) necessary to develop a complete permit renewal application. Such information will include, but not be limited to, the current emission inventory spreadsheet used by BGS, recent Ky Emission Inventory Surveys (EIS), the previous operating permit renewal application submitted to the Ky Div for Air Quality (KDAQ), applications for minor revisions submitted during the current permit term, and any notifications submitted during the current permit term for administrative permit amendments, Section 502(b)(10) changes, and off permit changes. Site visits may be necessary to fully evaluate the emission points at BGS.

Task 2: Emission Calculations. Using BGS's current emission inventory spreadsheet as a starting point, the consultant will assemble a complete set of emission calculations for BGS. This inventory will include changes addressed by recent minor revisions and requested adjustments to the emission factors currently used in the EIS. The consultant will revise or provide new spreadsheets for use by BGS employees.

Task 3: Regulatory Review. The consultant will prepare a cursory regulatory review to verify that the current operating permit addresses all applicable regulations and to identify necessary supplements or changes. This review will account for changes in regulatory applicability associated with projects undertaken during the current permit term, including those characterized by Section 501(b)(10) and off-permit change notifications.

TASK 4: Application Forms. KDAQ requires that the DEP7007 AI to DD-forms be submitted for a renewal application only to the extent that each has changed since the previous submittal. However, additional application forms may be included to convey information related to corrections or updates relative to the most recent source-wide permit application. As such, BGS wishes to take this opportunity to either correct or reaffirm the information previously provided in applicable DEP forms. Recent experience with KDAQ suggests that the agency may require a complete set of DEP7007 N-forms as part of a renewal application. BGS requests that the proposed scope of work include a comprehensive set of N-forms, which address requested changes to the EIS emission factors. BGS assumes that it will be acceptable for the DEP7007 CC-form to reference the most recent annual compliance certification and that the scope of the DEP7007 V-forms can be limited to addressing changes to existing regulations and newly applicable regulations.

Task 5: Requested Permit Changes and/or Red-Lined Permit. To address requested changes to the current operating permit language, BGS asks that the consultant develop a red-lined version of the permit and/or a list identifying requested changes and the corresponding rationale for each change. BGS will provide a permit mark-up to identify its specific requested changes; however, BGS assumes that the consultant will also review the existing permit language to identify opportunities for streamlining and improved clarity. These requested changes should accommodate the application for revision and notifications submitted during the permit term. (The current operating permit already accounts for the most recent minor revision application submitted to

KDAQ).

Task 6: Complete Permit Application. The consultant will assemble the deliverables from Tasks 2 through 5 into a comprehensive operating permit renewal application. A draft of this application will be reviewed by BGS, and BGS will provide comments, edits and other feedback. The consultant will then update the application to accommodate this feedback prior to submittal. The consultant shall be available for assistance during the KDAQ review and public notice periods.

Shipping Information DMA - Bluegrass Stations Division

5751 Briar Hill Road Bldg 18 Lexington KY 40516-9721

Billing Information DMA - Bluegrass Stations Division

5751 Briar Hill Road Bldg 18 Lexington KY 40516-9721

Document ID: RFP 095 2400000423 Page: 3

Submission Checklist

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

Item

Revised March 2023

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 9.00 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

REQUEST FOR PROPOSAL

Document Phase Document Description Page 4

2400000423 Final Air Quality Permit Renewal Application Preparation Total Pages: 24 https://www.merriam-webster.com/dictionary/seal

FOR

PERSONAL SERVICE CONTRACT

Department of Military Affairs, Bluegrass Station Division Air Quality Permit Renewal Application Preparation

RFP 095 2400000423

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, Department of Military Affairs, Bluegrass Station Division.

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 Department of Military Affairs, Bluegrass Station Division, operates a Conditional Major/Synthetic Minor facility in Lexington, Kentucky, which is referred to as the Bluegrass Station. Bluegrass Station is currently subject to Air Quality Permit No. F-14-041 R5 issued by the Kentucky Division for Air Quality (KDAQ). This operating permit was originally issued on November 24, 2014, most recently revised on September 20, 2020 and set to expire on June 1, 2025. Pursuant to 401 KAR 52:030 Section 12(2), Bluegrass Station must submit a complete renewal application to KDAQ at least six (6) months prior to the expiration date of the permit to avoid a lapse in permit coverage. Consequently, the complete renewal application must be submitted to KDAQ on or before December 1, 2024. Bluegrass Station is requesting bids to prepare this permit renewal application in accordance with the scope of work detailed below.

Facility Description:

Bluegrass Station maintains painting facilities consisting of the following operations: paint preparations, de-paint operations, and paint application. Other emission units at Bluegrass Station include natural gas-fired boilers, diesel-fired generators, underground gasoline storage tanks (UGST), and miscellaneous industrial processes. Although potential emissions from the site exceed Title V and Hazardous Air Pollutant (HAP) major source thresholds for certain pollutants (e.g. VOC, toluene, ethylbenzene, etc.), the operating permit includes federally enforceable emission caps to ensure that Bluegrass Station maintains its status as a minor source under the Prevention of Significant Deterioration (PSD) and Title V permitting programs.

As outlined in the Statement of Basis (SOB) for the current permit, Bluegrass Station is subject to various requirements established under the Code of Federal Regulations (CFR) and Kentucky Administrative Regulations (KAR), including the following:

401 KAR 59:010 – New Source Standards for New Process Operations (applicable to paint booths, touchup painting activities, blast cabinets, dip tanks, downdraft sanding tables and various insignificant activities)

401 KAR 59:015 – New Source Standards for New Indirect Heat Exchangers (applicable to gas-fired boilers)

401 KAR 63:020 – General Standards of Performance for Potentially Hazard Matter or Toxic Substances (applicable to paint booths, touchup painting activities and various significant activities)

Document Phase Document Description Page 5

40 CFR 60 Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (applicable to diesel-fired emergency generators, emergency fire pumps and emergency air compressors installed at Bluegrass Station since 2007)

40 CFR Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal Combustion Engines (applicable to natural gas and propane-fired emergency generators)

40 CFR 60 Subpart ZZZZ – National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (applicable to all emergency generators, emergency fire pumps and emergency air compressors)

40 CFR 63 Subpart WWWWWW – National Emissions Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations (applicable to dip tanks and downdraft sanding tables)

2.00 Scope of Work

Bluegrass Station requests that the respondents provide a quote to cover the following project tasks:

Task 1: Information Collection and Review. The consultant will request relevant information from Bluegrass Station necessary to develop a complete permit renewal application. Such information will include, but not be limited to, the current emission inventory spreadsheet used by Bluegrass Station, recent Kentucky Emission Inventory Surveys (EIS), the previous operating permit renewal application submitted to KDAQ, any applications for minor revision submitted during the current permit term, and any notifications submitted during the current permit term for administrative permit amendments, Section 502(b)(10) changes, and off-permit changes. Site visits may be necessary to fully evaluate the emission points at Bluegrass Station.

Task 2: Emissions Calculations. Using Bluegrass Station’s current emission inventory spreadsheet as a starting point, the consultant will assemble a complete set of emission calculations for Bluegrass Station. This inventory will include changes addressed by recent minor revisions and requested adjustments to the emission factors currently used in the EIS. The consultant will revise or provide new spreadsheets for use by Bluegrass Station employees.

Task 3: Regulatory Review. The consultant will prepare a cursory regulatory review to verify that the current operating permit addresses all applicable regulations and to identify necessary supplements or changes. This review will account for changes in regulatory applicability associated with projects undertaken during the current permit term, including this characterized by Section 502(b)(10) and off-permit change notifications.

Task 4: Application Forms. KDAQ requires that the DEP7007 AI to DD-forms be submitted for a renewal application only to the extent that each has changed since the previous submittal. However, additional application forms may be included to convey information related to corrections or updates relative to the most recent source-wide permit application. As such, Bluegrass Station wishes to take this opportunity to either correct or reaffirm the information previously provided in applicable DEP forms. Furthermore, recent experience with KDAQ suggests that the agency may require a complete set of DEP 7007 N-forms as part of a renewal application. Bluegrass Station requests that the proposed scope of work include a comprehensive set of N-forms, which address requested changes to the EIS emission factors. Bluegrass Station assumes that it will be acceptable for the DEP7007 CC-form to reference the most recent annual compliance certification and that the scope of the DEP7007 V-forms can be limited to addressing changes to existing regulations and newly applicable regulations.

Task 5: Requested Permit Changes and/or Red-Lined Permit. To address requested changes to the current operating permit language, Bluegrass Station asks that the consultant develop a red-lined version of the permit and/or a list identifying requested changes and the corresponding rationale for each change. Bluegrass Station will provide a permit mark-up to identify its specific requested changes; however, Bluegrass Station assumes that the consultant will also review the existing permit language to identify opportunities for streamlining and improved clarity. These requested

Document Phase Document Description Page 6 changes should accommodate the applications for revision and notifications submitted during the permit term. (It should be noted that the current operating permit already accounts for the most recent minor revision application submitted to KDAQ).

Task 6: Complete Permit Application. The consultant will assemble the deliverables from Task 2 to Task 5 into a comprehensive operating permit renewal application. A draft of this application will be reviewed by Bluegrass Station, and Bluegrass Station will provide comments, edits, and other feedback. The consultant will then update the application to accommodate this feedback prior to submittal. The consultant shall be available for assistance in addressing comments during the KDAQ review and public notice periods.

Bluegrass Station requests that the initial permit renewal application be ready for submittal at least seventy (70) days prior to the permit renewal application’s submittal deadline. This strategy will allow sufficient time for KDAQ to request supplemental information and for Bluegrass Station and the selected consultant to respond to these requests to ensure that the application is deemed complete by December 1, 2024. Therefore, the initial permit renewal application should be ready for submittal by September 20, 2024.

Any and all change orders must be approved by Bluegrass Station before any work is performed.

The vendor shall follow all Kentucky and EPA regulations.

3.00 Evaluation Criteria

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

The Department of Military Affairs, Bluegrass Station Division, has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

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 Department of Military Affairs, Bluegrass Station Division, shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement

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.

Document Phase Document Description Page 7

PROPOSALS THAT DO NOT MEET MANDATORY

REQUIREMENTS WILL BE DEEMED NON-

RESPONSIVE AND WILL NOT BE CONSIDERED.

Previous Experience – The vendor must submit a resume that includes past experience completing similar work. The resume must show a minimum of five (5) years of experience.

250 Points

Qualifications – The vendor shall submit two (2) Air Quality Permit Applications or Air Quality Permit Renewal Applications it has previously completed, to be included with the bid.

500 Points

Professional References – The vendor shall provide the name, address, phone number and email addresses of three (3) customers for whom the vendor has completed similar work, to be included with the bid.

250 Points

Maximum Points Possible 1,000 Points

Cost Proposal Evaluation

Proposed Cost – The vendor shall supply a cost proposal for completing the Air Quality Permit Renewal Application preparation. The cost is to include all the expenses the vendor may incur.

600 Points

Maximum Points Possible 600 Points

Oral Demonstration/Presentation Evaluation, if required

Document Phase Document Description Page 8

Oral Presentations/Demonstrations

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 two (2) 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

40 Points

Maximum Points Possible 40 Points

Total Proposal Evaluation

Technical Proposal 1,000 Points

Cost Proposal 600 Points

Oral Demonstrations/Presentations, if required 40 Points

MAXIMUM POINTS POSSIBLE

1,640 Points

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. 5/13/24

Offeror’s Conference and Site Visit. Attendance is mandatory to be able to submit a bid. 5/20/24

Written Questions due by 1:00 PM EDT. 5/22/24

Anticipated Commonwealth Response to Vendor Written Questions. 5/29/24

Proposals Due by: 1:00 PM EDT. 6/10/24

Document Phase Document Description Page 9

All bidders are cautioned to be aware of the security in Building 18 located at 5751 Briar Hill Road, Lexington, Kentucky. All bids shall be time stamped in the Procurement Office no later than the due date and time defined in this Solicitation. In person or courier delivered bids in response to this Solicitation shall be delivered to Bluegrass Station, Bldg 18, Rm 7, 5751 Briar Hill Rd, Lexington, KY 40516. Delays due to building security checks shall not be justification for acceptance of a late bid.

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

5.00 Offeror’s Conference and Site Visit

The Offeror’s Conference and Site Visit will be held at the Conference Room of Building 18, Bluegrass Station, 5751 Briar Hill Road, Lexington, Kentucky on Monday, May 20, 2024 at 10:00 AM. Attendance is mandatory to be able to submit a bid. This will be the only opportunity to ask oral questions. The Commonwealth shall not be bound by any oral answers to the questions presented at the Offeror’s Conference or oral statements made at any other time by any member of the Commonwealth’s staff. Salient questions asked at the Offeror’s Conference and the responses will be reduced to writing and issued in an Addendum that shall be posted to the eProcurement website. In the event of a conflict between oral answers or statements presented at the Offeror’s Conference and written responses in the Addendum, written responses in the Addendum shall control. Contact the Agency Contact below for any questions regarding the Offeror’s Conference and Site Visit.

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:

Joe Barrett Bluegrass Station, 5751 Briar Hill Rd Bldg 18, Lexington, KY 40516 859-293-4224 joseph.r.barrett4.nfg@army.mil

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

Hard Copy Proposals

Each qualified offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal.

The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation.

Document Phase Document Description Page 10

Acknowledgment of Addenda

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

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

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

8.10 Format of Response

Hard Copy Proposals

A. Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and if applicable the Proprietary Information.

1. The Technical Proposal should include one (1) marked original hard/paper copy technical and number marked technical thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

2. The Cost Proposal should include one (1) marked original hard/paper copy cost and number marked cost thumb/flash drives (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

3. Any Proprietary Information should include one (1) marked original hard/paper copy proprietary and number marked proprietary data thumb/flash drives (in Microsoft Word, Microsoft Excel, or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos.

Proposal shall be submitted to the Agency Contact. The outside cover of the package containing the technical proposal shall be marked:

Air Quality Permit Renewal Application Preparation

TECHNICAL PROPOSAL

Name of Offeror

The outside cover of the package containing the cost proposal shall be marked:

Document Phase Document Description Page 11

COST PROPOSAL

If applicable, the outside cover of the package containing the proprietary shall be marked:

PROPRIETARY PROPOSAL

All proposals must be received no later than June 10, 2024, 1:00 PM EDT.

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.

Document Phase Document Description Page 12

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.

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.

Document Phase Document Description Page 13 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx

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 Department of Military Affairs, Bluegrass Station Division, 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 Department of Military Affairs, Bluegrass Station Division, 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

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 Department of Military Affairs, Bluegrass Station Division, shall not disclose any portions of the proposals prior to contract award to anyone outside the Department of Military Affairs, Bluegrass Station Division, representatives of the agency for whose benefit the contract is proposed, representatives of the federal government, Document Phase Document Description Page 14 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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

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 Department of Military Affairs, Bluegrass Station Division, 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

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After conducting the evaluation to determine the best proposal received, the Department of Military Affairs, Bluegrass Station Division, 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 Department of Military Affairs, Bluegrass Station Division, 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:

https://vss.ky.gov

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.

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10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from 7/1/24 through 6/30/26.

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.

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 Department of Military Affair, Bluegrass Station Division, 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 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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Personal Service Contract Standard Terms and Conditions Revised June 2023

Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and

Whereas, the second party, the Contractor, is available and qualified to perform such function; and

Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party;

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

1.00 Effective Date

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

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

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

2.00 Renewals

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

3.00 LRC Policies

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

4.00 Choice of Law and Forum

This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

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5.00 EEO Requirements

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

6.00 Cancellation

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

7.00 Funding Out Provision

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

8.00 Reduction in Contract Worker Hours

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

9.00 Authorized to do Business in Kentucky

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

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

Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010: to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under

KRS 14A.9-030:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response.

If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 , the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

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2400000423 Final Air Quality Permit Renewal Application Preparation Total Pages: 24 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

Businesses can register with the Secretary of State at:.

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

10.00 Invoices for fees

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

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

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

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