Final_RFP_605_2600000308_1_SO_FORM.PDF

Document ID: RFP 605 2600000308 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Repair Parts for Light Medium Heavy Duty Vehicles & Equip.

Date Issued:

02/13/2026 Record Date:

02/13/2026

Solicitation Closes Date:

03/18/2026 Time:

13:30

Solicitation No:

RFP 605 2600000308

Online Bidding Prohibited: No For Information Call:

Nick Cavender 502-782-3979

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 2600000308 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Repair parts for Light, Medium, Heavy Duty vehicles/equip

1.00000 LMP

Comm Code Comm Description Manufacturer Model # Manuf Part #

060 AUTOMOTIVE AND TRAILER

EQUIPMENT AND PARTS

Extended Description KYTC's Division of Equipment wishes to establish and implement a Parts Solution for light, medium, heavy duty vehicle and equipment repair parts and supplies statewide for KYTC locations. Parts shall be original equipment manufacturer (OEM), Proprietary and Aftermarket parts. OEM shall be the direct manufacturer of the provided parts. Aftermarket shall be parts that are equivalent to or exceed OEM-providedparts.

The Commonwealth of Kentucky intends to award multiple contracts to service approximately 134 accounts (120 District Maintenance Facilities and 14 Equipment Garages).

Shipping Information KYTC Division of Equipment - Receiving Shop

1239 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Equipment

1234 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFP 605 2600000308 Page: 3

Submission Checklist

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

Item Business Structure - 150 Points Inventory and Reporting - 250 Points Ordering and Out of Stock Processes - 250 Points Delivery, Walk-in Locations, and Delivery Schedules - 400 Points Returns and Credit Policy - 200 Points Warranty - 200 Points Recall Procedures - 150 Points Customer Account Structure and Designated Account Manager - 200 Points Invoicing and Payments - 150 Points Usage Reports - 200 Points Implementation Schedule - 200 Points Added Value Items - 150 Points Cost Discount Percentage - 1000 Points The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. - 500 points

ELECTRONIC PROPOSAL SUBMISSION CHECKLIST

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

Link: https://vss.ky.gov

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

Bid 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. Vendor Self Registration Guides are provided at https:// finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

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).

BID PRICES SUBMITTED ON COMPANY QUOTE FORMS ARE DISCOURAGED. COMPANY TERMS

AND CONDITIONS AND/OR SALES AND USE AGREEMENTS OFTEN CONFLICT WITH STANDARD

SOLICITATION REQUIREMENTS AND MAY RESULT IN REJECTION OF BID OFFER.

Online bid responses 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 response after the published date and time for closing.

An offer 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.

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission. If the items below are not submitted with the proposal, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT be considered for award.

_____ * TECHNICAL PROPOSAL – Vendors must include all information outlined in Section 5.06

_____ * COST PROPOSAL – Vendor must complete Attachment A “Cost Proposal” (See Section 5.08)

_____ CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE BY

FOREIGN ENTITY (See Section 3.22)

_____ REQUIRED AFFIDAVIT(S) (See Attachments A, B, C, etc. as applicable)

SECTION 1 – INTRODUCTION AND OVERVIEW

1.00 - Purpose

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2600000308 Final Repair Parts for Light Medium Heavy Duty Vehicles & Equip.

Total Pages: 32 https://vss.ky.gov https://vss.ky.gov https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx mailto:Finance.CRCGroup@ky.gov

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. KYTC Division of Equipment wishes to contract with vendor(s) to provide Original Equipment Manufacturer (OEM) and After-Market Repair Parts for our fleet of vehicles and equipment.

The Kentucky Transportation Cabinet (KYTC) reserves the right to award multiple contracts from this RFP. Awards will be made to those bidders who have met the requirements of the bid, achieved the best scores, and will meet the statewide needs of the Cabinet.

1.01 Background

KYTC’s Division of Equipment wishes to establish and implement a Parts Solution for Equipment, including but not limited to small engines, lawn mowers, tractors, marine, and aviation equipment, as well as light-medium, and heavy-duty truck repair parts and supplies, statewide for KYTC locations. Parts shall include original equipment manufacturer (OEM), proprietary, and aftermarket parts. OEM shall be defined as the direct manufacturer of the provided parts. Aftermarket shall be defined as parts that are equivalent to or exceed OEM-provided parts.

The awarded contract(s) will service approximately 134 accounts (120 District Maintenance Facilities and 14 Equipment Garages).

1.02 Issuing Office

The Kentucky Transportation Cabinet, Division of Purchases, is issuing this RFP on behalf of the Division of Equipment. The Division of Purchases is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFP.

Contract(s), 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 Division of Purchases.

1.03 - Restrictions on Communications

The Division of Purchases 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:

Buyer: Nick Cavender

502-782-3979

E-mail – Nicholas.Cavender@ky.gov

From the issue date of this RFP until a Contractor(s) is selected and the selection is announced, Offerors are not allowed to communicate with any Commonwealth Staff concerning this RFP except:

(a) The sole point of contact cited in this RFP; or

(b) Via written questions submitted to the sole point of contact

Potential bidders should clearly understand that any verbal representations made or assumed to be made during any oral discussions held between representatives of potential bidders and any State employee or official are not binding on the Commonwealth of Kentucky.

The Commonwealth reserves the right to reject the bid response for any violation of this provision.

This provision does not preclude bidders who presently hold contracts with the Commonwealth from communicating with state agencies regarding existing contracts.

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Total Pages: 32

1.04 - Schedule of RFP Activities

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

Deadline for written questions

Vendors are strongly encouraged to submit questions in writing by the date/ time specified. The Commonwealth will respond to all questions in writing by issuing an Addendum to the Solicitation.

Questions submitted after the date listed may not be answered unless the question(s) is/are considered material to the procurement.

Oral questions will not be accepted at any time except for bid procedural clarifications.

2/19/2026 1:30 PM

Commonwealth’s response to written questions

KYTC anticipates the Addendum to answer questions will be posted on the date specified.

2/25/2026

Second Round: Deadline for written questions

Vendors are strongly encouraged to submit questions in writing by the date/ time specified. The Commonwealth will respond to all questions in writing by issuing an Addendum to the Solicitation.

Questions submitted after the date listed may not be answered unless the question(s) is/are considered material to the procurement.

Oral questions will not be accepted at any time except for bid procedural clarifications.

3/4/2026 1:30 PM

Second Round: Commonwealth’s response to written questions

KYTC anticipates the Addendum to answer questions will be posted on the date specified.

3/10/2026

Bids due by 1:30 pm

BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY THROUGH

OUR PROCUREMENT SYSTEM.

See page 1 for Closing Date.

Tentative Award Date 4/15/2026 NOTE: All times referenced are Eastern Time Zone

SECTION 2 – SCOPE OF WORK

The scope of this RFP includes Automotive Parts in the following categories for Equipment, Light/ Medium Duty and Heavy-Duty Trucks:

Alternators And Starters Batteries Bearings, Ball And Roller Belts And Hoses

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2600000308 Final Repair Parts for Light Medium Heavy Duty Vehicles

Brake System Parts Climate Control Electrical And Ignition Electrical, Lamps, Lighting and Mirrors Emissions And Exhaust Engine And Drive Train Engine Heating and Cooling Filters: Oil, Gas, Air and Transmission Gaskets And Seals General Automative Parts Oils, Chemicals, Fluids, Lubricants Pumps: Fuel And Water Repair Shop Supplies and Tools Suspension, Shocks, Struts and Steering Transmissions And Clutch Wipers And Windshield Fluids

This RFP and resulting contract(s) do not include third party sourced items.

A. Ordering Processes

Vendor (s) shall accept the following ordering methods:

• Telephone

• Electronic (email)

• Over-the-counter/walk-in

• Online (internet)

Phone Orders

Vendor will accept orders via telephone as parts of the contract. A telephone number to be used by ordering agencies for placing orders is to be in place before the commencement of the contract.

Telephone orders must be accepted between the hours of 7:00 AM and 7:00 PM, Monday through Saturday, in the time zone the order is placed.

Electronic (email) Orders

Vendor will accept orders via email as part of this contract. An email address to be used by ordering agencies for placing orders is to be in place before the commencement of this contract.

Over the counter/Walk In

Vendor will accept walk in customers at their brick and mortar stores.

Note: Prior to award of contract, on the basis of tax ID#, all stores will be required to register within the Commonwealth’s accounting system via https://vss.ky.gov and will be required to sign the Affidavit for Bidder and Offerors.

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https://vss.ky.gov

Internet/Web Orders Vendor will accept orders via internet/web as part of the contract. Web address to be used by ordering agencies for placing orders is to be in place before the commencement of the contract. Internet/web access must be 24 hours but orders must be accepted by the contractor between the hours of 7:00 AM and 7:00 PM, Monday through Saturday, in the time zone the order is placed.

Emergency Orders Vendor must provide toll-free, after hours, telephone number(s) and contact name(s) for placing emergency orders. Emergency orders must be accepted 24 hours a day, seven (7) days a week. Phone number must be provided to the KYTC Contract Administrator within 30 days of contract award.

Out of Stock Remedy

Upon receipt of order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:

• Request back order

• Cancel the item from the order.

Under no circumstances is the Vendor permitted to make unauthorized substitutions or cancellations, without the prior authorization of the Purchasing Entity.

Re-Manufactured Parts

Vendor may provide remanufactured parts when new parts are not available and only with prior authorization of the Purchasing Entity. Used, previously installed or shop worn parts shall not be accepted.

Core Exchange/Charges All parts supplied which require core exchange shall be monitored by the Contractor to ensure proper cores are returned. Core credit is to be issued the same day as received. Any core that is not usable or not returned shall be billed at the core price listed in the manufacturer’s price sheet for that particular part.

B. Delivery

Delivery Locations Deliveries are to be made statewide within the Commonwealth of Kentucky and to all identified locations as specified on the individual order, which may include, but not be limited to inside buildings and receiving docks.

Delivery of Ordered Products Delivery of ordered product shall be completed within twenty-four (24) hours after receipt of an order, unless otherwise agreed to by the Purchasing Entity. Since receiving hours for each Purchasing Entity will vary by facility, it will be the Vendor’s responsibility to check with each facility for their specific receiving hours before delivery occurs.

Vendor must notify the Purchasing Entity within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified in the contract.

Vendor must obtain signature from KYTC employee upon delivery of parts.

Delivery of In-stock and Over the Counter Items

Delivery of standard in-stock items to locations within five (5) miles from company’s commercial store shall be accomplished within one (1) hour. Delivery outside the five (5) mile range will be accomplished by a scheduled delivery within three (3) hours. Vendor must obtain signature from KYTC employee upon delivery of parts.

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Free on Board (F.O.B.) Destination (Shipping Terms)

All prices offered shall be F.O.B. destination and allowed for all delivery locations as identified in the Commonwealth. Responsibility and liability for loss or damage for all orders shall remain with the Vendor until final inspection and acceptance, when all responsibility shall pass to the ordering entity, except the responsibility for latent defects, fraud, and the warranty obligations.

All emergency or rush deliveries that require special shipping and handling should be at the ordering entities expense, with prior approval from the Purchasing Entity. Emergency or rush shipping charges shall be added to an invoice as a separate line item. In the event an emergency or rush delivery is required as the result of a Vendor’s error; all shipping cost shall be paid by the Vendor.

Manufacturer Warranties Vendor must honor all manufacturers’ warranties and guarantees on all products offered as part of the Master Agreement. If a product warranty extends beyond the term of the Contract, the Vendor must agree to provide warranty services throughout the life of the warranty.

These parts must be warranted to be free of defective parts and workmanship, provided they are properly installed on the vehicle for which they were intended, for the time and mileage shown in the product literature or catalog.

Statement of warranty is to be provided by Vendor with items delivered under this Master Agreement.

For all items ordered, warranty begins on the date of delivery.

Return Policy Items purchased under this contract may be returned at no cost for a full refund if item is unused, in its original packaging and within thirty (30) calendar days of its delivery.

Vendor shall be responsible for picking up all delivered returns within seven (7) working days of advance, written notification to include email. Pickup of return items does not include items picked up by customer in store and therefore is not the responsibility of the vendor.

Credit Policy

Vendor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties.

Vendor shall provide credit for the following items:

• Items ordered or shipped in error

• Items that are returned within 30 calendar days of delivery

• Defective or freight-damaged items

The Vendor cannot require the Purchasing Entity to deal directly with the manufacturer. In all cases, the Purchasing Entity shall have the option of taking an exchange or receiving a credit. All credits shall be applied to the Purchasing Entity’s account.

Restocking Fees

Vendor will not impose a restocking fee on the Purchasing Entity for the following:

• Item(s) returned that were damaged upon receipt

• Incorrect items shipped

• Items that are returned unopened in an original packaging

• Items that are returned, but exchanged for other item

Product Recall Procedures The Vendor shall provide recall notification, regardless of level, in writing to the contract administrator and all account holders throughout the Commonwealth of Kentucky. Vendor agrees to use commercially reasonable efforts in identifying the applicable manufacturer in order that the Purchasing/Participating Entities may work with such manufacturer to handle any applicable recall issues.

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C. Payments

Payment may be made by check, electronic funds transfer, or with the Participating Entity’s credit card. Payments are to be made in accordance with Section 3.16.

Invoicing

The Vendor’s invoice must identify, at a minimum, the information listed below:

1. Master Agreement Number

2. Agency Order Number (Delivery Order Number)

3. Purchasing Entity Name

4. Delivery address of the order

5. Product(s) description

6. Manufacturer’s product number(s)

7. Quantities of merchandise issued

8. Price(s) per unit(s) and extended price

9. Date ordered

10. Date delivered

11. Listing of returns or back ordered items

12. Totals for each order. Each invoice shall have a total for all orders, a total for all credits, and amount due from each agency.

13. Requestor

14. Any other mutually agreed upon requirements the State may later deem necessary.

Acceptability of the invoice and the authorized copy shall become the standard for the resulting contract.

Participating Entities outside of the Kentucky Transportation Cabinet may have their own invoicing requirements.

Prompt Payment Discounts Discounts offered by Suppliers for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts should be disclosed and will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

Pro Card

Acceptance of the Commonwealth of Kentucky Credit Card (Pro-Card) requires that no charges be posted to the Pro-Card prior to the shipping of goods. Only the total of goods shipped may be charged to the Pro-Card upon shipment. All back-ordered goods cannot be charged until received by the supplier and shipped to the Commonwealth of Kentucky end user. Upon shipment, an itemized invoice must be emailed to the order requestor within 2 business days of the charge. The Vendor will be solely responsible for the credit card user-handling fee associated with credit card purchases.

Customer Account Vendor shall provide multiple accounts for various locations for the Kentucky Transportation Cabinet. It is likely that there will be a need for multiple accounts in the same location. The accounts shall be web based, and the Vendor shall provide the Division of Equipment with access to monitor each account regardless of location.

Contract Usage Report

The Vendor upon request the contract usage report to the Contract Administrator and the KYTC Buyer. The report shall detail all invoiced purchases against the contract during the specified reporting period. Reports shall provide the total dollar amounts sold to all entities that use the contract. The report is due even when there is no activity.

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The Contract Usage Report shall be provided to the Contract Administrator in Excel Spreadsheet.

Taxes must not be included in the report. The Contract Usage Report shall be submitted monthly and provided at the first of each month.

Failure to meet reporting requirements and submit the report on a timely basis may constitute grounds for suspension of the Master Agreement.

Addendum for term renewals may be approved only if all monthly reports have been submitted within the time frame identified.

Example of Makes and Models Vendor shall provide Original Equipment Manufacturer (OEM) and premium aftermarket parts for the following makes/models of light, medium and heavy-duty trucks:

Light Duty Ford F-350 Chevrolet 3500 Ram 3500

Medium Duty Ford F-450, F-550 Ram 4500, 5500

Heavy Duty Freightliner 114SD International 7400, ISL9

SECTION 3– TERMS AND CONDITIONS OF CONTRACT

3.00 - 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 by the KYTC Division of Purchases, 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.

3.01 - Initial Contract Period

The Master Agreement will be for the initial period beginning upon award and expiring 04/30/2027.

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3.02 - Optional Renewal Period

This Master Agreement may be extended at the completion of the initial contract period for five (5) additional one-year periods. This extension must have the written approval of the vendor and the KYTC Division of Purchases. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

3.03 - Divisions/Agencies to Be Served

This contract shall be for use by the following Divisions/Agencies of the Kentucky Transportation Cabinet:

Division of Equipment

No shipments or services are authorized until an official Delivery Order has been fully processed by an authorized agency.

3.04 - Quantity Basis of Contract

Any and all quantities mentioned in this solicitation are purely estimates and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

3.05 - Exception to Required Use of Contract

The establishment of this Master Agreement is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to acquire large requirements through other competitive processes.

3.06 - Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Master Agreement shall be firm for the contract period subject to the following:

A. Price Increases: A price increase will not be allowed during the first twelve (12) months of the contract. The price increase must be based on industry-wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date and shall provide firm proof that the price increase(s) is justified. The KYTC Division of Purchases may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the KYTC Division of Purchases;

however, the vendor must continue service at the contract prices until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry-wide price decreases. The contract holder is required to furnish the KYTC Division of Purchases with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required “A.

Price Increases”.

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3.07 - Addition or Deletion of Items or Services

The KYTC Division of Purchases reserves the right to add new and similar items, with the consent of the vendor, to the contract. If an addition is agreeable to both parties, the KYTC Division of Purchases will issue a Modification. Until such time as the vendor receives a Modification, the vendor shall not accept Delivery Orders from any agency referencing such items or services.

3.08 - Changes and Modifications to the Contract

During the period of the contract, a modification shall not be permitted in any of its conditions and specifications, unless the contractor receives electronic or written approval from the KYTC Division of Purchases. If the contractor finds at any time that existing conditions make modification in requirements necessary, the contractor shall report the matter promptly to the KYTC Division of Purchases for consideration and decision. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

3.09 - Reduction in Contract Worker Hours/Employee Furlough

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. The reduction of hours may be applicable to those contract workers that provide a service in state government buildings on a regularly scheduled basis, such as janitorial, security guard, mailing services, and food services. These services will be reduced in hours only in those circumstances where the buildings will be closed. A notification will be sent to the contract holder in advance of any scheduled reduction in contract hours.

3.10 - Basis of Shipment

Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed to the receiving agency. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency. The responsibility for filing freight claims lies with the vendor.

3.11 - Notices

The Division of Purchases Buyer identified below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail) concerning this procurement shall be submitted to:

Nick Cavender

Division of Purchases

Kentucky Transportation Cabinet

Phone: 502-782-3979

E-mail: Nicholas.Cavender@ky.gov

From the issue date of this solicitation until a Contractor(s) is selected and the selection is announced, Offerors are not permitted to communicate with any Commonwealth staff concerning this solicitation.

After the award of a contract, all programmatic communications are to be made to the Agency Contact Person identified in the contract document with a copy to the Division of Purchases Buyer.

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mailto:Nicholas.Cavender@ky.gov

After the Award of a contract, all communications of a contractual or legal nature are to be made to the KYTC Division of Purchases Buyer.

3.12 Delivery Orders

No shipments or work is authorized until an official Delivery Order has been fully processed by an authorized agency or payment has been made via Pro-Card.

Penalties assessed for late deliveries will be calculated based on the date of the Delivery Order and the delivery time stated in Section 3.13.

Payment shall be made against the actual quantities received. The Delivery Order shall be modified to adjust quantities if needed.

Any and all items or portions of items not delivered on or prior to the expiration date of the contract shall be considered cancelled after that date. There will be no claim for damages allowed by reason of cancellation thereof.

3.13 - Deliveries

Delivery at the earliest possible date is desired.

The Vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the Vendor’s invoice for each day the Vendor fails to meet the contracted delivery date.

The Vendor is not responsible for and shall not be penalized for delays in its delivery when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Commonwealth or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes or other natural disasters or acts of God.

3.14 - Inspection

All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the vendor’s expense.

3.15 – Invoices

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services.

Each invoice shall contain at least the following information:

1. Master Agreement Number

2. Agency Order Number (Delivery Order Number)

3. Purchasing Entity Name

4. Delivery address of the order

5. Product(s) description

6. Manufacturer’s product number(s)

7. Quantities of merchandise issued

8. Price(s) per unit(s) and extended price

9. Date ordered

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10. Date delivered

11. Listing of returns or back ordered items

12. Totals for each order. Each invoice shall have a total for all orders, a total for all credits, and amount due from each agency.

13. Any other mutually agreed upon requirements the State may later deem necessary.

Acceptability of the invoice and the authorized copy shall become the standard for the resulting contract.

Participating Entities outside of the Kentucky Transportation Cabinet may have their own invoicing requirements.

3.16 - Payments

The Commonwealth will make payment within thirty (30) working days of receipt of contractor's invoice or of acceptance of goods and/or services in accordance with KRS 45.453 and KRS 45.454.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or his representative.

3.17 - Vendor’s Report

The vendor(s) may be asked to furnish the KYTC Division of Purchases, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period.

The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract.

This report must reference usage by brief description, product number or other format designated by the KYTC Division of Purchases.

3.18 - Post Contract Agreements

The Master Agreement 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. Unless, contractually provided, the Commonwealth shall not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of the contract. Any such documents obtained will be non-binding on the State and be cause for breach of contract.

3.19 - Service Performance

All services performed under contract shall be in accordance with the terms and conditions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract.

Deviations of services performed will not be made without the written approval of the KYTC Division of Purchases. Problems that arise under any aspect of performance should first be resolved between the vendor and the agency. If such problems and/or disagreements cannot be resolved, they should be referred to the KYTC Division of Purchases for mediation.

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3.20 - Assignment

The vendor shall not assign this Master Agreement in whole or in part to another vendor at any time during the initial or optional renewal terms of the contract, without the consent, guidance and approval of the Commonwealth. Any assignment here under entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. Any purported assignment without this consent shall be null and void.

3.21 – Ethics Compliance

Contractor certifies that contractor and its employees will not offer or provide gifts to KYTC employees in excess of $25.00 in any single calendar year as defined in KRS 11A.045 (1) and KYTC General Administration and Personnel Policy GAP-808. Moreover, contractor certifies that contractor and its employees will not offer any ticket to a sporting event to a KYTC employee without being reimbursed the face value amount for said ticket as defined in KRS 11A.045 (2).

It is agreed and understood that non-compliance with the above provisions may result in the suspension of vendor procurement participation, contract termination, and/or debarment.

3.22 - Termination of Contracts

A contract may be terminated for default by the vendor, for the convenience of the Commonwealth, or for lack of appropriation in accordance with 200 KAR 5:312.

3.23 - Endorsements

The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky.

3.24 - Registration with the Secretary of State by a Foreign Entity

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received within the time specified by the Division of Purchases, the foreign entity’s solicitation response may be deemed non-responsive. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

Vendors are required to remain active and in good standing during the life of the contract.

Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx

3.25 – Non-Discrimination

The Equal Employment Opportunity Act of 1978 (the “Act”), KRS 45.560 to 45.640, applies to all State government contracts or subcontracts in an amount exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin or.

(b) The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of

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https://onestop.ky.gov/Pages/default.aspx compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin.

(c) The Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin.

(d) The Contractor shall post notices in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.

The Contractor shall send a notice to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding advising the said labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause.

The Contractor's noncompliance with the nondiscrimination clauses of this contract shall constitute a material breach of the contract.

Each Contractor shall, for the length of the contract or at the point at which the contract is covered by this Act and until its conclusion, furnish such information as required by the Act and any rules, regulations and orders issued pursuant thereto and permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the Cabinet to ascertain compliance with the Act.

This section applies to agreements disbursing federal funds, in whole or part, only when the terms for receiving those funds mandate its inclusion.

3.26 - Kentucky Sales and Use Taxes

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

3.27 - Extension Period

This contract may be extended at the termination of all contract renewal periods for additional time not to exceed 90 days. This extension must be accompanied by the written approval of the vendor and the Division of Purchases

3.28 – Extension to Other Agencies

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to other state agencies who may have need for the product(s) and/or service(s). Each state agency must obtain prior approval from the Finance Cabinet Office of Procurement Services.

If Contracts are used by state agencies other than the Transportation Cabinet, such responsibilities will be assumed by the user agency. All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

3.29 - Extension to Political Subdivisions

The Division of Purchases reserves the right, with the consent of the vendor, to offer this master agreement to political subdivisions and local government entities who may have need for the product(s) and/or service(s). Prior approval from the Finance Cabinet is not required.

If Contracts are used by political subdivisions, such responsibilities will be assumed by the user agency.

All billing and payments for materials/services purchased from an agreement will be directly between the user agencies and Vendors.

3.30 - Access to Records

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The state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract."

The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

3.31 - Records Retention

The state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

3.32 - Bidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth Law

The contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:

KRS Chapter 136 (CORPORATION AND UTILITY TAXES)

KRS Chapter 139 (SALES AND USE TAXES)

KRS Chapter 141 (INCOME TAXES)

KRS Chapter 337 (WAGES AND HOURS)

KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES)

KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)

KRS Chapter 342 (WORKERS' COMPENSATION)

3.33 - Boycott Provisions

If applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law.

If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472.

3.34 - Lobbying Prohibitions

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Total Pages: 32 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539

The contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded.

The contractor further represents that, pursuant to KRS 45A.328, they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.

3.35 - Governing Law

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.

SECTION 4 – PROCUREMENT REQUIREMENTS AND INSTRUCTIONS

4.00 - Procurement Requirements

Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/ eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively.

The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

4.01 - Access to Solicitation, RFP, and Addenda

The Commonwealth wants each prospective vendor to have full and complete information on which to base a proposal response. Only information presented or referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by vendors in preparing the response.

The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service link at https://vss.ky.gov/.

It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on public access.

In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the vendor’s response, the version as issued shall prevail.

4.02 - RFP Terminology

For the purpose of this RFP, the following terms may be used interchangeably:

o Proposer,…