Final_RFP_605_2600000097_1_SO_FORM.PDF

Document ID: RFP 605 2600000097 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: ENGINEERING TRAINING FY 27-28

Date Issued:

10/13/2025 Record Date:

10/03/2025

Solicitation Closes Date:

11/21/2025 Time:

14:00

Solicitation No:

RFP 605 2600000097

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 2600000097 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 FOR CLASSES, SEMIENARS,

WORKSHOPS

Comm Code Comm Description Manufacturer Model # Manuf Part #

92425 For Credit Classes, Seminars, Workshops, etc.

Extended Description

FOR CLASSES, SEMINARS, WORKSHOPS FOR ENGINEERS

Shipping Information KYTC Office of Human Resource Management

200 Mero Street 6th Floor Frankfort KY 40622

Billing Information KYTC Office of Human Resource Management

200 Mero Street 6th Floor Frankfort KY 40622

Document ID: RFP 605 2600000097 Page: 3

Submission Checklist

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

Item Class Content and Customization Score is based on the content of the classes offered by the bidder as well as the ability and willingness of the bidder to tailor the classes to KYTC specific practices and procedures.

Location Where Training will be Provided Score is based on whether the vendor can provide training at a KYTC facility; at their business location in Kentucky; at a conference type facility or a combination of the above.

Comprehensiveness of Those Courses Offered Score is based on the variety of Project Development Training the bidder has available.

Availability of Classes Score is based on the number of classes the bidder offers, the availability of classes; whether on a quarterly basis or on an as-needed basis, or a combination of both.

Trainers Credentials Score is based on the credentials of the trainers that will be providing the Project Development Training, to include their education, training background, and information about some of the organizations or other State Departments of Transportation they have provided training for.

Registration and Cancellation Policy Score is based on the ease of registration and whether the cancellation policy allows KYTC to cancel within one week of the actual training class being conducted with no penalties.

Cost Oral Demonstration if required

Revised May 2025

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

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

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION –Section(s) 8.00 and 8.10 of this RFP

(not required if submitting electronically)

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

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

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

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

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN

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

RFP

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

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

REQUEST FOR PROPOSAL

FOR PERSONAL SERVICE CONTRACT

Kentucky Transportation Cabinet, Office of Human Resource Management

ENGINEERING CLASSES

RFP-605-2600000097

Document Phase Document Description Page 4

2600000097 Final ENGINEERING TRAINING FY 27-28 Total Pages: 30 https://www.merriam-webster.com/dictionary/seal https://www.merriam-webster.com/dictionary/seal

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, Kentucky Transportation Cabinet, Office of Human Resource Management.

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 Transportation Cabinet’s State Highway Engineer’s Office and the KYTC Office of Human Resource Management, Professional Development Branch desires to establish a contract to provide KYTC Project Development Training to KYTC employees.

2.00 Scope of Work

The Kentucky Transportation Cabinet requires the services of qualified trainers to provide professional development opportunities to KYTC employees. The same training would need to be available to KYTC contractors and consultants as well. Due to budget constraints, KYTC personnel must obtain much of their training in Kentucky. The options for training are:

1. The vendor comes to the main KYTC facility in Frankfort or another centrally located facility that is properly equipped to provide the required training and is comparatively cost effective.

2. KYTC employees attend training at the successful vendor’s facility in Kentucky.

3. The vendor holds training at a conference type facility.

4. A combination of all of the above

Based on the technical and cost proposals received, there may be one contract or multiple contracts awarded for the required training, whatever is in the best interest of the Commonwealth and the Kentucky Transportation Cabinet. Bidders must be aware that even though a contract may be issued, that there is NO GUARANTEED AMOUNT OF TRAINING. It will strictly be requested on an as needed basis.

NOTE: BIDDERS SHOULD PROVIDE TRAINING FOR THE COMPLETE LIST OF

CLASSES BELOW. IN THE EVENT THAT THE BIDDER DOES NOT HAVE A COURSE

FOR EVERYTHING LISTED BELOW, THEY MAY PROPOSE THOSE CLASSES THAT

THEY CAN PROVIDE TRAINING FOR. THE COURSE MATERIAL NEEDS TO BE

PROVIDED FOR EACH CLASS THE BIDDER'S PROPOSAL COVERS. FAILURE TO

PROVIDE THIS MATERIAL WILL DISQUALIFY YOU FOR EACH CLASS MISSING

INFORMATION.

KYTC will be responsible for approving the course content of the bidders and the resulting contract holder(s).

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2.01—List of Required Classes The following list of classes may have different course names but the course content must be included in any training courses proposed by the bidder. KYTC reserves the right to request the awarded contractor(s) to add and/or develop other Project Development training in the future.

1) Beginner and Advanced Level MicroStation CONNECT training: bidder must provide at least two levels of MicroStation CONNECT Ed. Training (beginner and advanced level) with a focus on its use in designing highway projects. The use of KYTC standards and configuration is required. Lecture and computer-based training. Min. of 7 people.

2) Beginner and Advanced Level OpenRoads Designer training: bidder must provide at least two levels of OpenRoads Designer (ORD) training (beginner and advanced level at the least) with a focus on its use in designing highway projects. The use of KYTC standards and configuration is required. Lecture and computer-based training. Min. of 7 people.

3) OpenRoads Survey: bidder must provide OpenRoads Survey (ORD Survey) training with a focus on its use in data collection and field book processing. The use of KYTC standards and configuration is required. Lecture and computer-based training. Min. of 7 people.

4) Bentley Systems Upgrade Training: as the aforementioned Bentley Systems software evolves, bidder must provide KYTC specific upgrade classes as needed by KYTC. These classes will focus on changes from previously-established workflows, to inform users on the changes from the version(s) of software previously recognized by the Cabinet at the time of the need for upgrade training. Lecture and computer-based training. Min. of 7 people.

5) Roadside Design: training on AASHTO’s Roadside Design guide and its applications for KYTC personnel. Current edition manuals must be provided to each participant. Lecture-based training. Min. of 12 people.

6) Highway Capacity Analysis / Signal Capacity Analysis: principles contained in the Highway Capacity Manual (HCM) for KYTC roadway projects, including how to perform capacity analysis on various transportation systems, from freeways and ramps to unsignalized intersections and urban street systems. This will be both lecture and computer-based training. Min. of 12 people.

7) One- and Two-Dimensional HEC-RAS: bidder should provide training on the use of HEC-RAS software for both one- and two-dimensional analysis of streams at highway encroachments. Lecture and computer-based training. Min. of 12 people.

8) Tree Identification and Dendrology: bidder shall provide hands-on training for dendrology and tree identification, both for leaf-on and leaf-off conditions. Min. of 12 people.

9) Fundamentals of Plan Reading: bidder is to provide a class on the basics of KYTC highway plans and how to correctly interpret their contents. Min. of 12 people.

10) ADA Sidewalk Design: bidder must provide training on the proper design of accessible sidewalks and ramps, among other pedestrian facilities, within the rights-of-way of state and local agencies. The class should include guidance from the PROWAAG document and can include hands-on demonstrations of issues encountered by those of limited mobility.

Min. of 12 people.

NOTE: KYTC contractors and consultants may register for training outside of this contract. They will be responsible for paying their own registration fees. At no time is KYTC to be billed for any contractor or consultant training.

NOTE: There may be an occasion during a training class that part of the class needs to be taught by KYTC employees. In this event, the vendor must agree to this co-training, must understand that the KYTC employee cannot be engaged by the contractor and that at no time shall payment be made to the KYTC employee for any training. In the event the KYTC employee performs the majority of the training, the vendor should take that into consideration and discount the cost per person per class in these circumstances. Former KYTC employees may be used as trainers as long as they meet their retirement systems’ timeframe before being involved in a contract with the cabinet.

SECURITY OF INFORMATION

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The vendor certifies that he/she shall not at any time release or divulge any information concerning the services covered by this agreement to any person or any public or private organization without prior approval of KYTC.

Employment

During the period of a contractual agreement with KYTC, the Contractor shall not engage any person who is an employee of KYTC as defined by KRS 18A.

3.00 Evaluation Criteria

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

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

Technical Proposal Evaluation

Criteria Maximum Points Possible Class Content and Customization — Score is based on the content of the classes offered by the bidder as well as the ability and willingness of the bidder to tailor the classes to KYTC specific practices and procedures.

150 pts

Location Where Training will be Provided — Score is based on whether the vendor can provide training at a KYTC facility; at their business location in Kentucky; at a conference type facility or a combination of the above.

75 pts

Comprehensiveness of Those Courses Offered — Score is based on the variety of Project Development Training the bidder has available.

50 pts

Availability of Classes – Score is based on the number of classes the bidder offers, the availability of classes;

whether on a quarterly basis or on an as-needed basis, or a combination of both.

50 pts

Trainers Credentials — Score is based on the credentials of the trainers that will be providing the Project Development Training, to include their education, training background, and information about some

50 pts

Document Phase Document Description Page 7 of the organizations or other State Departments of Transportation they have provided training for.

Registration and Cancellation Policy — Score is based on the ease of registration and whether the cancellation policy allows KYTC to cancel within one week of the actual training class being conducted with no penalties.

25 pts

Maximum Points Possible 400 pts

Cost Proposal Evaluation

The resulting "Cost Proposal" should be submitted in accordance with the requirements on the cost proposal form. See section 9.20.

If you can provide a lower cost per person per class for more than the minimum number of participants, please indicate that on your cost proposal.

There will be a maximum of 150 points possible for the Cost Proposal. The Cost Proposal form is attached to the

RFP.

200 pts

Maximum Points Possible 200 pts

Oral Demonstration/Presentation Evaluation, if required

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Oral Demonstration/Presentation

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

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

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

150 pts

Maximum Points Possible 150 pts

Total Proposal Evaluation

Technical Proposal 400 pts

Cost Proposal 200 pts

Oral Presentations/Demonstrations, if required 150 pts

MAXIMUM POINTS POSSIBLE

750 pts

4.00 Schedule of RFP Activities

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

Release of RFP 10/13/2025

Written Questions due by: 4:00PM EST 10/31/2025

Anticipated Commonwealth Response to Written Questions 11/7/2025

Proposals Due by: 2:00PM EST 11/21/2025

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

Allan Coldiron Kentucky Transportation Cabinet, Division of Purchases, 200 Mero St. Frankfort, KY. 40601 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

Electronic Proposals

Proposals shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service 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://vss.ky.gov .

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

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. Instructions “How to Submit an Online Response for a Business Opportunity” are posted to Kentucky’s Vendor Self Service, https://vss.ky.gov

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2600000097 Final ENGINEERING TRAINING FY 27-28 Total Pages: 30 https://vss.ky.gov

. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

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

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

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

8.10 Format of Response

Electronic Proposals

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

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

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

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

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

All proposals must be received no later than November 21, 2025 at 2:00PM EST.

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

INFORMATION IN THE TECHNICAL PROPOSAL.

Document Phase Document Description Page 11 mailto:Finance.CRCGroup@ky.gov

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.

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.

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*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

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 Kentucky 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.

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9.20 Cost Proposal Evaluation

The Kentucky 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/Division of Purchases shall not disclose any portions of the proposals prior to contract award to anyone outside the Kentucky Transportation Cabinet, Office of Human Resource Management, 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).

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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 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

Document Phase Document Description Page 15 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:

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.

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

10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from July 1, 2026 through June 30, 2028.

This agreement is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the Contract and until the Contract has been filed with the Legislative Research Commission, Government Contract Review Committee.

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 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

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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 practices employed by the Contractor during the term of this or any prior Agreement with KYTC; (d) any dishonest, fraudulent, criminal, or negligent or unauthorized acts or errors or omissions which are committed by the Contractor or any of the Contractor's employees or agents or Subcontractors; (e) the publication translation, reproduction, delivery, performance, use or disposition of any data produced by KYTC in an unauthorized manner, provided that such action was not taken by the Contractor or as a result of the express written request of KYTC; or (f) the Contractor's failure to comply with any applicable state or federal laws or regulations.

Provided, however, in the event the Contractor is an agency of the Commonwealth of Kentucky, the state agency’s liability shall be governed instead by KRS 49.010 through KRS 49.180 and limited to any award from the Kentucky Claims Commission up to the jurisdictional amount.

11.06-Sovereign Immunity The Parties expressly agree that no provision of this Contract constitutes a waiver by KYTC or the Commonwealth of Kentucky of any immunities from suit or from liability that KYTC or the Commonwealth of Kentucky may have by operation of law.

11.07-Force Majeure Neither Party shall be liable for public utility performance (e.g., Postal Service, Telephone, or Water Company) or for the consequence of public utility non-performance. Events or conditions beyond the reasonable control of the Parties, such as natural disasters, fires, floods, elements, transportation crashes, or utility failures shall not be construed as non-performance, nor shall reductions be applied as a result of such events, provided that KYTC shall have the right to obtain the necessary services elsewhere in the event of such non-performance by the Contractor and the Parties shall negotiate in good faith any appropriate offset to the compensation payable under this

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Contract. The Contractor shall cooperate and shall require that any Subcontractor cooperate with KYTC in such event. The existence of such causes of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the causes of delay or failure have been removed. Each Party must inform the other, orally or in writing, as soon as possible of the existence of a force majeure event. In order to preserve this right as a defense, each Party must inform the other in writing, with confirmation of receipt, within twenty (20) business days of the existence of a force majeure event or otherwise waive this right as a defense.

11.08-Maintenance of Insurance – Not Applicable

11.09-Licensure, Certification, and Registration The Contractor shall:

1. Ensure that all appropriate licenses, registrations, and/or certifications necessary are maintained at all times to the extent such are required for performance under this Contract; and

2. Ensure that it has readily accessible copies of licenses, registration, and/or certifications necessary; and

3. Produce copies of any required license, registration, and/or certification at the request of KYTC or the Cabinet’s designee.

11.10-Permits, Licenses, Taxes, and Laws The Contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments in which work under this Contract is performed.

To the extent required by law, the Contractor shall pay any sales, use, personal property and income taxes arising out of this Contract and the transaction contemplated hereby. Any other taxes levied upon this Contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the Contractor.

11.11-Legal Proceedings Except as specifically disclosed in writing to KYTC by the Contractor, prior to the date of this Contract, the Contractor certifies there are no suits, investigations, or other proceedings pending or threatened against the Contractor or any Subcontractor that would have a material effect on the Contractor's ability to perform under this Contract, or on Subcontractors ability to perform under their respective subcontracts, if applicable. Further, the Contractor shall use its best efforts to notify KYTC within one (1) business day, and in writing within three (3) business days, of all suits, investigations, or other proceedings involving the Contractor related to this Contract. The Contractor shall send written notice to the Cabinet.

11.12-No Grant of Employment or Agency Nothing in this Contract shall be construed, in any way, as granting to any individual providing services under the Contract any of the claims, privileges, or rights established or recognized under KRS Chapter 18A or KAR Title 101.

At no point shall any individual providing services under this Contract be considered a full-time or part-time employee of KYTC, for any purpose, including but not limited to unemployment, taxes, withholding, health insurance, liability, retirement, Workers’ Compensation, vacation, sick

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2600000097 Final ENGINEERING TRAINING FY 27-28 Total Pages: 30 http://www.lrc.ky.gov/statutes/chapter.aspx?id=37134 http://www.lrc.ky.gov/kar/TITLE101.HTM or other leave, the Family Medical Leave Act, accrued benefits, evaluations, or any other purpose.

At all times, any such individual shall be considered and deemed to be an employee, volunteer, or independent contractor of the Contractor.

In no event shall any employee, volunteer, or independent contractor of the Contractor be deemed to be a third-party beneficiary of this Contract or an agent or an employee of the Commonwealth.

11.13 Service Delivery Requirements

All services provided by the Contractor under the terms and conditions of this Contract shall be delivered in accordance with:

1. All applicable federal and state statutes and regulations as they are currently in effect;

2. All commitments and assurances as set forth in all KYTC grant awards with respect to goals, strategies, funding, and outcomes made by the Commonwealth as required by and contained in grant applications to federal agencies, foundations, and other agencies providing grant funding and in the resulting award notices from those agencies; and

3. All final federally-funded grant award terms and conditions, including federal reporting and expenditure requirements, for any federally-funded proposed project developed jointly by the Contractor and KYTC and submitted to a federal agency.

11.14-Subcontractors Unless provided in the scope of work and pre-approved at the Cabinet level, the Contractor shall make no subcontract with any other party for furnishing any of the work or services herein.

This provision shall not require the approval of contracts of employment between the Contractor and personnel assigned for services thereunder. The Contractor shall be solely responsible for performance of the entire Contract whether or not Subcontractors are used.

Before engaging a Subcontractor not identified in the Contractor’s response or replacing a Subcontractor identified in the Contractor’s response, the Contractor will notify the agency and provide the agency with information regarding the proposed Subcontractor, including but not limited to, the proposed Subcontractor’s relevant qualifications, experience, and key personnel.

The agency reserves the right to approve or disapprove any Subcontractor proposed by the prime Contractor; such approval shall not be unreasonably withheld.

All references to the Contractor shall be construed to encompass both the Contractor and any Subcontractors of the Contractor.

11.14.01-Responsibility for Subcontractor Contract Requirements The Contractor shall have a Contract with any Subcontractor that the Contractor contracts with to meet the statement of work, method of payment, and deliverables of this Contract that specifies the responsibilities of the parties and the cost. In addition, the Contractor’s Contract with the Subcontractor shall specify that all requirements of this Contract are applicable and binding on the Subcontractor. Any plan to subcontract any of the provisions of this Contract must be set forth in the Contractor’s proposal for the delivery of products or services and included in the body of the contract in the Subcontractor’s section. The Subcontractor must make available to the Contractor and to KYTC, if requested, copies of personnel records and documentation of employees’ compliance with the terms and conditions of this Contract.

No obligation or right of the Contractor under this Contract shall be subcontracted to another, without prior written approval, of KYTC after KYTC has had the opportunity to review all contract documents setting forth the terms and conditions for the subcontract. The Contractor, upon the Cabinet’s request, shall submit the subcontract for approval to the Buyer identified on page 1.

11.14.02-Subcontractor Monitoring Requirements

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The Contractor shall monitor Subcontractors for programmatic and fiscal compliance with the terms and conditions of this Contract and those specific provisions set out under the Contractor’s contract with the Subcontractor.