Final_RFP_605_2400000231_1_SO_FORM.PDF

Document ID: RFP 605 2400000231 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: DBE Supportive Services and Business Development Program

Date Issued:

03/07/2024 Record Date:

03/01/2024

Solicitation Closes Date:

03/27/2024 Time:

14:00

Solicitation No:

RFP 605 2400000231

Online Bidding Prohibited: No For Information Call:

ALLAN COLDIRON

502-782-3981

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 605 2400000231 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 DBE Supportive Services and Business Development Program

Comm Code Comm Description Manufacturer Model # Manuf Part #

92425 For Credit Classes, Seminars, Workshops, etc.

Extended Description Training and Business Development Program

Shipping Information KYTC Office of Civil Rights and Small Business Development

200 Mero Street 6th Floor Frankfort KY 40622

Billing Information KYTC Office of Civil Rights and Small Business Development

200 Mero Street 6th Floor Frankfort KY 40622

Document ID: RFP 605 2400000231 Page: 3

Submission Checklist

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

Item Class Content and Customization-350 Points Class Size or Number of Participants-50 points Availability of Classes- 50 points Trainer Credentials-50 points Community and Industry Partnerships-50 points Location for Training-25 points Registration and Cancellation Policy-25 points Cost-400 points

Revised January 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 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 8.20 of this RFP

_____ TRANSMITTAL LETTER – Section 8.10 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 8.10 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

FOR

PERSONAL SERVICE CONTRACT

Kentucky Transportation Cabinet

DBE Supportive Services and Business Development Program

RFP 605 2400000231

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, Transportation Cabinet.

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.

Document Description Page 4

2400000231 DBE Supportive Services and Business Development Program https://www.merriam-webster.com/dictionary/seal

1.00 Purpose and Background

The Kentucky Transportation Cabinet's Office for Civil Rights and Small Business Development desires to establish a contract to provide KYTC Supportive Services and Training and Business development to Kentucky Disadvantaged Business Enterprises.

The Kentucky Transportation Cabinet (KYTC) is required to provide a Business Development Program and a Disadvantaged Business Enterprise (DBE) Supportive Services Program to DBE firms in the Commonwealth of Kentucky. The KYTC has been allocated federal funds to implement a supportive services program and business development program.

In the past, the DBE Supportive Services program has included a series of classes aimed at increasing the ability of DBE contractors to properly bid and execute a particular scope of work on federally funded highway construction and professional services contracts. The services provided to DBE firms have been a combination of workshops and classroom presentations where DBE firms have been exposed to plan reading, proper bidding procedures and contract administration tasks. There have been programs where DBE firms are introduced to larger prime bidder/proposers with the intention of creating relationships that will enhance the ability of DBE firms to be successful as they bid contracts.

The business development program will be a new component of the DBE Supportive Services program aimed at the development of Kentucky DBE firms. The program should consist of two stages, the developmental stage and the transitional stage. The developmental stage should include a DBE orientation that will provide firms with information and guidance on 49 CFR Part 26 which governs the DBE program and their responsibilities as a DBE, which includes commercially useful function. Based upon the goals and objectives identified in the DBE firms' business plans, the program should provide resources to assist the firms with reaching those goals and help eliminate any barriers that may exist. The transitional stage should provide networking opportunities with prime contractors and/or subcontractors in the region for firms prior to their graduation from the program.

Objectives of the program include a 10% increase in KYTC project bids and a 5% increase in contracts awarded, encompassing both highway construction and professional services. Workshops offered as part of the program are open to both DBEs and non-DBEs, including minority and women-owned businesses and prime contractors. The term "DBE Consultant" refers to professional services firms.

In a series of questions and answers, various aspects of the Request for Proposal (RFP) concerning a program for Disadvantaged Business Enterprises (DBE) were clarified. The RFP outlined a two-stage program - a developmental stage, including DBE orientation and a transitional stage for networking opportunities. It was confirmed that the DBE Supportive Services Program and the Business Development Program fit within these stages, respectively, with the latter providing targeted assistance to selected firms.

The lack of a current state report on Kentucky Transportation Cabinet (KYTC) DBEs necessitates a needs assessment, revealing approximately 100 in-state DBE firms in construction and professional services.

The RFP does not prioritize specific counties for DBE assistance, and DBEs are not reimbursed for travel expenses.

The RFP disallows charging DBEs for attending workshops. The awardee may hire outside professionals for workshops and consultations, whose credentials should be included in the proposal. In terms of cost proposal scoring, services related to training, including research and time for newsletter development, are invoiceable. No fee is required or permitted to be charged to DBEs for training or assistance.

2.00 Scope of Work

A. DBE Supportive Services Program The minimum elements of the scope of work for a statewide DBE supportive service program are listed below. Proposers shall consider all of the elements below and address each in their proposal. This scope of work is designed to assist DBEs firms acquire greater proficiency in business and technical skills. Education in KYTC's contract and agreement specifications shall be highlighted. Educational needs must be assessed

Document Description Page 5 and the successful consultant will include networking/marketing opportunities by non-DBE prime contractors and KYTC staff. The program goals include procurement assistance to DBEs to "even the playing field" in their competition with non-disadvantaged businesses for federal-aid highway construction contracts and subcontracts, and intensive, targeted business planning assistance to chosen DBEs.

Program Elements shall include but are not limited to the following:

Needs Assessment:

The consultant will provide an assessment for the DBE and contractors to determine the needs of the DBE firms involved and to focus our efforts to address these points. The supportive service program will be based on this assessment. The goal of the assessment is to provide targeted, comprehensive business development assistance for DBE firms. The business development assistance needed by these firms must be targeted, specific, and comprehensive in nature focused on the DBE firms participating on federally funded highway construction contracts. Both construction and professional service DBE firms shall be addressed. A comprehensive approach to business development will address general business practices and the individual needs of the participating firms. Assessments should specifically identify qualified DBEs who are certified but not actively participating on KYTC transportation construction projects and determine what barriers keep them from performing on projects. Also, identifying firms who have limited work and determine the barriers they face in expanding their capability.

Procurement Assistance:

Provide statewide assistance to DBE firms in identifying bidding opportunities on KYTC federal-aid highway projects.

Objective: Provide assistance to DBEs in identifying and bidding on KYTC federal-aid highway projects.

DBEs will show a 10% increase in KYTC projects bid, and a 5% increase in KYTC contracts/subcontracts awarded.

Action Plan:

ACTIVITY PERFORMANCE MEASURE

Provide classroom and on-site technical, contracting procedures and requirements, management assistance and educational training opportunities to certified DBE firms.

Provide additional advanced training for skilled DBEs

• Number of DBEs who bid on KYTC federal-aid highway projects that have not participated before.

• Number of DBEs who are awarded contracts/subcontracts that have not been awarded before.

•Increase in contracts by trained DBEs, comparing them against pre-training baselines to evaluate the training's impact

Offer review and analysis subsequent to unsuccessful bids by DBE firms so that they can better understand the specific reasons their bids were not successful and the causes leading to those circumstances.

• Number of prime contractors willing to participate in doing review and analysis of DBE subcontractor bids.

• Number of DBEs trained utilizing the review process.

• Interviews with firms subsequent to the review process.

Document Description Page 6

Publish monthly newsletter with articles on business management practices, resources and other relevant news.

Maintain a website with access to class schedules and information, bid opportunities and upcoming KYTC events.

• Number of subscribers.

• Track and report accessibility of website by DBEs.

Contract Management Assistance:

On a statewide basis provide networking opportunities to DBEs to enhance their chances of gaining a contract and improve their contract management abilities and increase confidence by prime contractors that a DBE's performance on federal-aid highway projects will meet the rigorous standards this work requires. These needs may be determined by several methods. Including but not limited to the needs assessment and assistance requests submitted by participants in the supportive services program.

Objective: Provide training and technical assistance to improve the capabilities of at least 25 DBEs in KYTC contract management and performance. 25% of the 25 participating DBEs should report positive business growth.

Offer KYTC Highway Construction Specification and Contract Provision workshops to DBE Contractors (also open to non-DBEs and KYTC staff to increase networking opportunities).

• Number and locations of workshops held.

• Number of attendees.

• Workshop Evaluations.

• Track post-workshop outcomes through interviews with attendees.

Offer KYTC Contract Administration workshops to DBE Consultants (also open to non-DBEs and staff to increase networking opportunities)

• Number and locations of workshops held.

• Number of attendees.

• Workshop Evaluations.

• Track post-workshop outcomes through interviews with attendees.

Publish monthly newsletter with articles on contract/project management practices, other relevant news.

Maintain a website with access to class schedules and information, bid opportunities and upcoming KYTC events.

• Number of subscribers.

• Track and report accessibility of website by DBEs.

Business Management Assistance:

Document Description Page 7

On a statewide basis, assist emerging or underperforming DBE's to increase their proficiency in business management and marketing.

Objective: Assist DBEs statewide to increase their proficiency in business management and marketing.

Participating DBEs will show overall positive business growth and the number of subcontracts won by DBE firms will increase.

Provide training to up to 10 DBEs to obtain training in the fields of marketing, finance and business management.

• Track number of DBEs requesting and receiving training.

• Track outcomes of grants through surveys and/ or interviews with recipients.

Provide training to up to 30 DBEs to obtain training tailored to the engineering and construction industries in areas including reading plans and specs, estimating bids, financing projects and project scheduling.

Offer one-on-one Bidding & Estimating Assistance to DBE firms.

• Track number of DBEs requesting and receiving training.

• Track outcomes of training through surveys and/ or interviews with recipients.

• Number of DBEs receiving assistance.

• Track outcome of assistance through interviews with recipients, report the number of DBE firms receiving contracts.

Offer one-on-one Business Planning Assistance to DBE firms.

• Number of DBEs receiving assistance.

• Track outcome of assistance through interviews with recipients.

Provide assistance to DBEs in writing, designing and publishing Statements of Qualification

• Number of DBEs receiving assistance.

• Track outcome of assistance through interviews with recipients.

Publish monthly newsletter with articles on business management practices, resources and other relevant news.

Develop a website with access to class schedules and information, bid opportunities and upcoming KYTC events.

• Track and report number of subscribers.

• Track and report accessibility of website by DBEs.

B. Business Development Program (BDP)

The DBE Program has experienced a measure of success in providing opportunities for disadvantaged businesses. However, there are groups within the DBE Program that are experiencing underutilization.

There is an urgent need to address this underutilization so that all certified DBE firms may experience success within the DBE Program. One method of addressing this underutilization is to provide targeted and comprehensive business development assistance for these firms. The business development assistance needed by these firms must be targeted, specific, and comprehensive in nature. A comprehensive approach to business development will address the individual needs of the firm for more effective use of supportive services funds, more effective results for DBE firms, and more effective DBE participation for State

Document Description Page 8

Department of Transportation agencies, and FHWA prime contractors. This type of assistance will address the complete needs of the firm and create the possibility for sustained growth and success.

Objective: Assist DBE firms to meet business plan goals and eliminate currently identified barriers to DBEs participating on federal-aid highway projects.

Provide classroom and on-site technical, contracting procedures and requirements, management assistance and educational training opportunities to a minimum of 3 certified DBE firms.

Maintain a website with access to DBE certification assistance and information, class schedules and information, bid opportunities and upcoming KYTC events.

• Number of DBEs that meet their business plan goals.

• Number of DBEs that complete the Developmental Stage.

• Track and report accessibility of website by DBEs.

Objective: Assist DBEs in making connections with prime contractors to provide firms a platform to exchange ideas and share their expertise with prime contractors.

ACTIVITY PERFORMANCE MEASURE

Provide networking opportunities through business matchmaker, DBE expo or through Public forums.

• Number of DBEs that complete the Transitional Stage of the program.

Objective: Assist firms to eliminate currently identified barriers to the participation of Professional Services firms in the highway and construction and transportation industries.

Provide targeted supportive services such as assistance with technical education and training to increase employment potential.

• Participation of professional service firms.

• Professional services firms complete the program and the number of professional services firms who bid and are awarded contracts on KYTC federal aid projects.

C. Reporting Requirements

Document Description Page 9

The successful proposer must provide the specific reporting requirements detailed below for the duration of the contract. Performance goals and objectives will be completed and submitted to the KYTC on a monthly basis as well as in a final program performance report upon completion of the contract period. Additionally, quarterly reports must be submitted to the KYTC. These quarterly reports will be a composite of all monthly reports submitted listing the activities the consultant performed in the previous quarter. This report must be submitted within 20 days after the quarter's completion. The final quarterly report will be a final program performance report, and will be submitted within 30 days of the completion of the contract period. The final program performance report must provide a summary of project activities, tasks and accomplishments, challenges, if any, and recommendations for future improvement of the programs.

The successful proposer will assist the KYTC in providing DBE supportive services activity reports to the FHWA Division office on a quarterly basis.

The monthly and quarterly reports submitted by the successful proposer must include the following:

a. Each objective and the progress achieved for each reporting period. Data shall be measurable and shall include numerical data indicating the impact of the programs on participants.

b. Accomplishments of programs to date must be identified.

c. Any challenges encountered to date, possible solutions or improvements to the programs, and value of continued program funding must be identified.

d. Any additional information, concerns, or recommendations for program enhancement shall be included.

Regarding reporting requirements, monthly report due dates are contingent on the vendor and proposed program, while quarterly and Monitoring and Evaluation Plan reports can be submitted concurrently, with specific dates negotiable. Training location preferences include KYTC facilities without associated fees, particularly in Frankfort, Louisville, and Lexington.

D. Monitoring and Evaluation Plan Performance goals and measures will be used to determine whether each objective has been achieved.

They will also act as monitoring and evaluating tools. This will be accomplished by but not limited to the following:

a. Meetings with stakeholders (e.g. industry representatives and KYTC) to discuss program design

b. Annual DBE Needs Assessment Surveys

c. DBE Services Outcome Interviews

d. Workshop Evaluations

e. DBE Supportive Services Assistance Request Reports

f. KYTC highway construction projects bid by and awarded as contracts/subcontracts to DBEs

g. DBE contract commitment information that may be gathered from various databases

h. On-Site visits, DBE focus groups and other communication with DBEs

i. Measures to periodically monitor the achievement of goals during the performance period

Documented reports on the above must be submitted to KYTC on a quarterly basis. This report is a separate report from the quarterly reports required in Section C.

Section 2.01 – Federal Funds There is the potential that federal funds could be used on the resulting contract. Therefore, FHWA 1273 requirements shall be required on this solicitation and resulting award. A copy of FHWA 1273 is attached to this RFP.

3.00 Evaluation Criteria

The Transportation Cabinet shall conduct a comprehensive, fair, and impartial evaluation of all proposals.

The Transportation Cabinet may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Transportation Cabinet reserves the right to reject all proposals.

The Transportation Cabinet has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

Document Description Page 10

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 Transportation Cabinet shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

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

Criteria Maximum Points Possible Class Content and Customization- Vendor should provide list of classes offered with details of the content for each class. Vendor is encouraged to include applicable class materials. Vendor should explain their willingness and ability to customize classes to specific KYTC practices and procedures.

Class Size or Number of Participants- Vendor should define the maximum number of individuals/businesses eligible for each class.

Availability of Classes- Vendor should explain the frequency they can offer classes and whether or not the schedule is flexible based on KYTC’s needs.

Trainers Credentials- Vendor should provide credentials of the trainers that will be providing business development training, to include their education, training background, and information about other organizations they have provided training for.

Community/Industry Partnerships- Vendor should detail any partnerships they have with community or industry partners that will be involved with the training.

Location Where training will be provided-Vendor should detail any partnerships they have with community or industry partners that will be involved with the training.

Registration and Cancellation Policy- Vendor should detail their registration and cancellation policies and procedures.

Maximum Points Possible 600

Document Description Page 11

Cost Proposal Evaluation

Vendor shall only provide cost on the attached Cost Proposal Form (Attachment B), otherwise the proposal may be deemed non-attachment responsive.

Maximum Points Possible 400

Oral Demonstration/Presentation Evaluation, if required

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 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

Technical Proposal 600 Cost Proposal 400 Oral Demonstrations/Presentations, if required 250

MAXIMUM POINTS POSSIBLE

Document Description Page 12

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 3/7/2024

Written Questions due by: 4:30pm 3/14/2024

Anticipated Commonwealth Response to Written Questions 3/20/2024

Proposals Due by: 2:00pm 3/27/2024

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

5.00 Offeror's Conference

Not Applicable

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, electronic mail or fax), concerning this procurement shall be addressed to:

Allan Coldiron, NIGP-CPP, CPPO, CPPB

KYTC Division of Purchases

200 Mero Street, 4th Floor East

Frankfort, KY 40622

502-782-3981

Allan.Coldiron@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

Proposals shall be received by electronic submission in the eProcurement system.

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://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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

Document Description Page 13

2400000231 DBE Supportive Services and Business Development Program mailto:Allan.Coldiron@ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond %20to%20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

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:

See Attachment? How to Respond to an Online Bid through the Kentucky Vendor Self Service site.

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: RFP number - Technical – Name of offeror

Document Description Page 14 mailto:Finance.CRCGroup@ky.gov

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: RFP number - Cost – Name of offeror

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: RFP number - Proprietary – Name of offeror

All proposals must be received no later than March 27th, 2024

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.

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.

Document Description Page 15

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.

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

Document Description Page 16

Program 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 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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 Transportation Cabinet 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 Transportation Cabinet 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 Kentucky Transportation Cabinet shall not disclose any portions of the proposals prior to contract award to anyone outside the Kentucky Transportation Cabinet 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.

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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 Kentucky Transportation Cabinet 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 Kentucky Transportation Cabinet 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 Kentucky Transportation Cabinet 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

Document Description Page 18

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:

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 Options

The initial term of the Contract is anticipated to be from July 1, 2024 through June 30, 2026.

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 Kentucky Transportation Cabinet

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2400000231 DBE Supportive Services and Business 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 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.

Section 11. KYTC STANDARD TERMS AND CONDITIONS

11.00-General Provisions

11.01-Headings The section headings in this Contract are for reference and convenience only and shall not have any effect on the construction or legal effect of this Contract.

11.02-Assignment This Contract shall be binding upon and ensure to the benefit of the respective legal successors of the Parties. However, neither this Contract nor any rights or obligations hereunder may be assigned, in whole or in part, without the prior written consent of KYTC, Division of Purchases.

11.03 -No Required Use of Contract This Contract does not guarantee any minimum use of services. The Cabinet reserves the right to leave all, or any portion, of the contract unused and/or to establish other contracts for additional and/or related services.

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the Contractor shall fully cooperate with such other contractors and Commonwealth employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees.

11.04 -Severability It is understood and agreed by the Parties that if any part, term, or provision of this Contract is held by the courts to be illegal or in conflict with any law of the Commonwealth of Kentucky or of the United States of America, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid, if the remainder of the Contract is capable of performance.

11.05-Indemnification The Contractor shall indemnify and hold harmless KYTC and its agents, representatives, officers, directors, employees, insurers, successors, and assigns from and against any and all expenses, costs (including attorneys' fees), causes of action, liability, loss and/or damages suffered or incurred by it or any of them, that results from or arises out of (a) this Contract; (b) any and all acts of the Contractor and or its Subcontractor(s);

(c) the policies and procedures of the Contractor, specifically including all Contractor employment…