Final_RFP_758_2400000055_2_SO_FORM.PDF

Document ID: RFP 758 2400000055 Page: 1

Commonwealth of Kentucky

SOLICITATION MODIFICATION

Modification: Yes Version #: 2

TITLE: General Contractor for KYTC Facilities

Date Issued:

09/28/2023 Record Date:

09/28/2023

Solicitation Closes Date:

10/13/2023 Time:

15:30

Solicitation No:

RFP 758 2400000055

Reason for Modification

Addendum #1 (September 28, 2023) to post answers to vendor questions. There are no other changes.

Online Bidding Prohibited: No For Information Call:

Daniel Salvato 502-564-5862

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 758 2400000055 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 General Contractor for KYTC Facilities 1.00000 HOUR

Comm Code Comm Description Manufacturer Model # Manuf Part #

90963 Maintenance and Repair, Commercial and Institutional Buildin

Extended Description General Contractor for KYTC Facilities

Shipping Information KYTC Division of Facilities Support

1219 Wilkinson Blvd

Frankfort KY 40601

Billing Information KYTC Division of Facilities Support

1219 Wilkinson Blvd

Frankfort KY 40601

Document ID: RFP 758 2400000055 Page: 3

Submission Checklist

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

Item

Request for Proposal (RFP)

For General Contractor for KYTC Facilities

RFP 758 2400000055

Release Date: September 22, 2023 CLOSING DATE AND TIME October 13, 2023 at 3:30pm ET

Issued by

The Finance and Administration Cabinet

Commonwealth Buyer:

Daniel Salvato, CPPB, KCPM

Assistant Director Division of Goods and Services

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services 200 Mero Street, 5th Floor

Frankfort, KY 40622

(502) 564-5862

TABLE OF CONTENTS

Proposal Submission Checklist Section 1 – Summary Section 2 – Introduction Section 3 – Scope of Work Section 4 – Not Applicable to this Procurement Section 5 – Procurement Requirements and Instructions Section 6 – Proposal Submission Section 7 – Proposal Evaluation Section 8 – Negotiations Section 9 – Contract Requirements Section 10 – Standard Terms and Conditions Section 11 – Attachments

Document Description Page 4

2400000055 General Contractor for KYTC Facilities

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

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

*PROPOSED TECHNICAL SOLUTION

*PROPOSED COST SOLUTION

All other items MUST be submitted prior to award.

TRANSMITTAL LETTER [see Section 6.7(A)]

REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF

APPLICABLE (see Section 6.7 (C)], CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY IF APPLICABLE [see Section 6.7 (D)]

REQUIRED ANNUAL AFFIDAVIT AND OTHER AFFIDAVIT(S) (AT END OF TERMS

AND CONDITIONS AND LOCATED AT:

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit %20for%20Bidders%20Offerors%20and%20Contractors.pdf

EEO FORMS IF APPLICABLE [see Section 10.19]

INSURANCE REQUIREMENTS (see Section 3.1 E)

SECTION 1 - RFP SUMMARY

1.1 Estimated Schedule of RFP Activities

The following table presents the anticipated schedule for major activities associated with the RFP distribution, proposal submission, proposal evaluation process, and contract award. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

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Anticipated Schedule of Activities

Release of RFP

September 22, 2023

Vendors’ Written Questions due by 12:00 PM ET

(SUBMIT QUESTIONS ON ATTACHMENT D-VENDORS’

QUESTION FORM)

September 28, 2023

Commonwealth’s Response to Vendors’ Written Questions and Deviations

October 3, 2023

Proposals due by 3:30 PM ET

October 13, 2023

1.2 Issuing Office

The Commonwealth of Kentucky, Finance and Administration Cabinet, Office of Procurement Services, is issuing this RFP on behalf of the Transportation Cabinet Office of Support Services. The Finance and Administration Cabinet is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFP.

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.

1.3 Agencies to Be Served

This contract shall be for use by the Transportation Cabinet Office of Support Services. No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.

SECTION 2 - INTRODUCTION –

2.1 Purpose

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. The Kentucky Transportation Cabinet is requesting proposals for general maintenance and repairs including but not limited to: Electrical, HVAC, plumbing, and other general building repairs.

Contracts shall not include Fire Alarm and Sprinklers and Security Systems.

KYTC intends to award at minimum one contract per Highway District, however reserves the right to award multiple contracts per District to ensure adequate coverage for all of the facilities. Contractors may propose any or all districts. Contractor Upon request may be asked to assist in bordering districts in case of emergencies.

2.2 Background

The Department of Transportation has previously utilized other Commonwealth Master Agreements for needed repairs. Due to the large amount of facilities requiring repairs, it has been determined that other agreements are necessary.

Document Description Page 6

SECTION 3 – SCOPE OF WORK

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

3.1 Scope of Work/Technical Requirements

A. Submittal Documentation The Contractor shall submit monthly, proof-of-work documentation as specified below.

This report shall be distributed to the following institution service contacts:

1. Jody Hellard, Assistant Director Div of Facilities Support 1219 Wilkinson Blvd.

Frankfort, KY 40601 Phone:502-564-3698 Email: Jody.Hellard@Ky.Gov

2. Andrew Hancock, Budget Specialist I Div of Facilities Support 1219 Wilkinson Blvd.

Frankfort, KY 40601 Phone:502-782-9140 Email: Drew.Hancock@Ky.Gov

At the end of each month, the Contractor shall furnish the following documentation for all work performed including but not limited to: service logs, work orders, repair orders, subcontractor invoices, disposal manifests, etc.

B. Performance Evaluations The Contractor must meet and comply with Performance Evaluations that may exist or arise during the time of this contract.

C. Warranty Provisions The Contractor must meet and comply with Warranty Provisions that may exist or arise during the time of this contract.

D. Contractor Responsibility The Contractor shall perform all maintenance and repairs at the request of KYTC Office of Support Services.

E. Insurance Requirements

The Contractor shall be responsible for maintaining this coverage through the entire contract term and submitting said insurance prior to award:

1. Contractor’s General Liability Insurance in accordance with limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate.

Document Description Page 7 mailto:Jody.Hellard@Ky.Gov mailto:Drew.Hancock@Ky.Gov

2. Kentucky worker’s compensation insurance in accordance with the requirements of KRS 45A.480 and KRS Chapter 342.

The Contractor shall furnish an ACCORD Certificate prior to award:

A. The certificate holder listed as:

Finance and Administration Cabinet, DCM Office of Procurement Services 200 Mero Street, 5th Floor Frankfort, Kentucky 40622

B. The Endorsement indicating the Commonwealth and its agents as an Additional Insured for the contract resulting from the solicitation.

Failure to furnish said certificates or failure to maintain the required coverage throughout the life of the awarded contract shall be grounds for cancellation of the contract.

The insurance coverage shall be in compliance with the laws of the Commonwealth of Kentucky and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. A list of authorized companies can be found at https://insurance.ky.gov/ppc/Company/ Default.aspx.

The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive.

F. Indemnity The contractor (undersigned) jointly and severally agrees to indemnify and save harmless the Commonwealth (Indemnified) and their successors and assigns, from any claim, action, liability, loss, damage or suit, arising from the claim against the Commonwealth as a result of the contractor’s actions. In the event of any asserted claim, the Indemnified shall provide the undersigned reasonably timely written notice of same, and thereafter the undersigned shall at its own expense defend protect and save harmless Indemnified against said claim or any loss or liability there under. In the further event the undersigned shall fail to so defend and/or indemnify and save harmless, then in such instance the Indemnified shall have full rights to defend, pay or settle said claim on their own behalf without notice to undersigned and with full rights to recourse against the undersigned for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim. Upon default, the undersigned further agree to pay all reasonable attorneys’ fees necessary to enforce this agreement. This agreement shall be unlimited as to amount or duration.

G. Withholding of Payment Excessive failures of repaired equipment will be considered cause for withheld payment and/or termination of the contract.

H. Method of Payment Payments will be paid at the contracted hourly rates for all labor. Parts and materials will be reimbursed at cost. Payments shall be made monthly. Payment will be made upon receipt of acceptable documentation, and/or delivery of required materials, and agreement that work was satisfactorily performed by KYTC.

I. Work Hours

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All work shall be performed during regular work hours (unless emergency service is requested.) No overtime shall be billed to KYTC for emergency repairs that take place during regular work hours.

Response time shall be no greater than 24 hours for emergencies and 72 hours for non-emergencies.

J. Minimum Contractor Qualifications The Contractor shall be competent and experienced in the field of general maintenance service with a minimum of five (5) years prior experience. The Contractor shall be qualified (or employ qualified subcontractors) to provide all services required per this contract.

Contractors (dependent on field proposed) should have at least 1 person certified as Master Electrician, Master Plumber, and/or Master HVAC on retainer. Service Technicians must be trained and have proper credentials for the work which is being undertaken.

The Contractor must be located to provide service on site within 24 hours of the received call and as specified below. Service vehicles shall be stocked with common replacement parts and necessary tools to expedite the repair.

The Contractor shall have an adequate number of service personnel so when KYTC or the Contractor’s employee places a Service Call, the repair crew shall respond within twenty-four (24) hours.

If the call is classified as an Emergency Service Call by KYTC, the response time shall be 12 Hours. An Emergency Service Call is determined to be a situation in which the equipment and/or system non-operation will affect KYTC’s normal operations.

Repair shall be completed in a timely manner and replacement part orders must be expedited and installed immediately on receipt. Coordinate estimated time of repair with

KYTC.

K. Contractor Employees The Contractor shall provide trained, experienced and full-time employees acceptable to KYTC. All employees providing service for KYTC must have this contract in their possession to have a clear understanding of the Contractor’s responsibilities and to correctly document work performed referencing the correct equipment numbers, locations, building, institution, etc. The Contractor’s employees are expected to act in a professional manner at all times.

The Contractor’s employees shall discharge their duties in a courteous and efficient manner. The Contractor shall not employ any person about the premises who shall use improper language or conduct themselves in a loud boisterous or otherwise improper manner. It shall be the duty of the Contractor to look after employees to ensure they maintain a high standard of service. The performance of such obligations shall be determined at the discretion of KYTC.

All Preventative Maintenance and repairs executed by routine service and repair personnel shall be under the direct supervision of a full-time maintenance Qualified service person(s) assigned by the Contractor.

Contractor or his representatives shall have a Refrigerant Storage/Recovery and Recycling Unit available to service refrigeration systems in accordance with the “Clean Air Act”.

Document Description Page 9

L. Contractor Obligations The Contractor shall and will, in good workmanlike manner do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as otherwise expressly specified herein, necessary or proper to perform and complete all the work required by contracts issued under these specifications and conditions. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his staff and equipment and for any damage, which may result from improper maintenance of equipment. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Transportation Cabinet. If any piece of equipment fails to operate satisfactorily it shall be the Contractor’s responsibility to correct any and/or all defects and/or the entire piece of equipment.

Exceptions to this requirement include vandalism and acts of God. Vandalism and Acts of God must be proven (by written documentation) by the Contractor.

All work shall be performed in accordance with Local, State, and Federal Codes and Regulations.

Anytime equipment repairs are such that the equipment cannot be put back in service immediately, the Contractor shall notify KYTC and give a determination of how long the equipment will be inoperable.

M. Definition of Service & Emergency Callout For the purpose of this specification, a Service Call is a request from the Agency to the Contractor concerning a problem or condition. It is the responsibility of the Contractor to question each Service Call to have a clear understanding of the call’s purpose. The required response time for a Service Call is 24 hours (excluding weekends and holidays).

An Emergency Service Call is a request from the KYTC to the Contractor concerning an immediate problem or condition, which in the opinion of KYTC is affecting the operation of the facility. It is the responsibility of the Contractor to question each Emergency Service Call to have a clear understanding of the emergency need and dispatch accordingly. The Contractor and Agency must agree as to the urgency of the service needed and that the service required is indeed an emergency. The required response time for an Emergency Service Call is on site within 12 Hours (including weekends and holidays).

Failure to comply with the stated response times may lead to cancellation of the master agreement.

N. Additional Requirements The Contractor shall conform to KYTC’s conduct rules and facility practices. The listed requirements below shall be followed at a minimum:

Contractor personnel are forbidden to fraternize with any residents, clients, staff or visitors at the facility.

Drug or alcohol possession/use is strictly forbidden.

All roads/parking must be kept in passable condition for fire protection purposes.

Weapons, ammunition, and other dangerous instruments are forbidden on facility grounds.

Document Description Page 10

Parking permitted only in areas designated for Contractor’s use by KYTC. KYTC will not receive, store or be responsible for Contractor’s materials. Permission must be obtained from Owner for work to be scheduled outside the stated business hours by the vendor, anytime weekends, or anytime on holidays at least twelve hours in advance.

OSHA and NFPA Safety Codes are to be adhered to.

If any chemicals are to be used by the Contractor, copies of MSDS for the chemicals are to be provided to KYTC.

Any injury, or situation, including an injury to Contractor personnel involving emergency services (fire department, police, ambulance, etc.) is to be reported to KYTC.

All workers shall dress appropriately and conduct themselves in a manner acceptable to

KYTC.

Smoking or tobacco use is not allowed at this facility on anywhere on the grounds.

Contractor is responsible for maintaining a clean worksite at KYTC. Debris, spills, and failed equipment removal generated during the course of repairs shall be the responsibility of the Contractor. Work site must be left clean each time Contractor leaves the facility.

Contractor must comply with all Commonwealth of Kentucky Risk Management requirements for hot work.

SECTION 4 – NOT APPLICABLE TO THIS PROCUREMENT

NOT APPLICABLE TO THIS PROCUREMENT

SECTION 5 – PROCUREMENT REQUIREMENTS AND INSTRUCTIONS

5.1 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.

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

Document Description Page 11 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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.

5.3 RFP Terminology

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

o Proposer, Offeror, Contractor, Provider, or Vendor o Commonwealth Buyer, Buyer, Purchaser, or Contract Officer o RFP, Solicitation, or Procurement o Bid, Proposal, or Offer o Commonwealth of Kentucky, Commonwealth, or State, Agency, Transportation Cabinet o Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30 o Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year o Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement o Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.”

5.4 Restrictions on Communications

The Commonwealth Buyer named on the Cover Sheet of this RFP 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 addressed to the Buyer.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the vendors’ proposal response.

5.5 Confidentiality of Contract Terms

The contractor and the Commonwealth agree that all information communicated between them before the effective date of the contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws.

Upon signing of the contract by all parties, terms of the contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes.

The contractor shall have an appropriate agreement with its subcontractors extending these confidentiality requirements to all subcontractors’ employees.

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5.6 Written Questions Regarding this RFP

Vendors are encouraged to submit written questions pursuant to Section 1.1 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at daniel.salvato@ky.gov . Vendors should submit questions on Vendors Question Form (located at end of terms and conditions.) No questions shall be accepted after the date(s) listed in Section 1.1 unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

5.7 Vendor Response and Proprietary Information

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Finance and Administration Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Finance and Administration Cabinet, representatives of the agency for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. 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 vendors in response to this RFP as a matter of public record. Although the Commonwealth recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the Commonwealth must treat such information as provided by the Kentucky Open Records Act, KRS 61.870 et sequitur.

Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor should declare in the Transmittal Letter [see Section

6.7 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each file containing such information. Proprietary information shall be submitted separately and identified as “Proprietary Data”. Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

5.8 Notification of Award of Contract

The procurement process will provide for the evaluation of proposals and selection of the successful 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.

All applicable statutes, regulations, policies and requirements shall become a part of an award as well as the Information Technology requirements.

For additional award information, vendors may email the Commonwealth Buyer.

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5.9 Protest

Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may a file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

Holly M. Johnson, Secretary

FINANCE AND ADMINISTRATION CABINET

200 MERO STREET, 5TH FLOOR

FRANKFORT, KY 40622

The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

5.10 Vendor Notification – Ineligible for Award

The Commonwealth will not consider or evaluate any proposal submitted by a vendor when the vendor, the vendor’s employees or agents, had any involvement, contribution or participation in the development, preparation or review of this RFP prior to its issuance. The vendors proposal will be deemed ineligible for award.

5.11 Past Vendor Performance

Past vendor performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

SECTION 6 – PROPOSAL SUBMISSION

6.1 Disposition of Proposals

All proposals become the property of the Commonwealth of Kentucky. The successful proposal shall be incorporated into the resulting contract by reference.

Disposal of unsuccessful proposals shall be at the discretion of the Commonwealth Buyer.

6.2 Rules for Withdrawal of Proposals

Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by electronic or written notice by submitting a signed written request for its withdrawal to the Commonwealth Buyer.

6.3 Commonwealth’s Right to Use Proposal Ideas

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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 proposals received in response to the RFP. Selection or rejection of the proposal will not affect this right.

6.4 Submission of RFP Response

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

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation.

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

6.5 Electronic Proposal Submission

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

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

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https:// emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

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

Closing dates will not be extended for Vendors not registered by the date/ time of the bid closing. Vendor Self Service Registration Guides are provided at https://finance.ky.gov/eProcurement/ResourcesSupport/How%20to%20Respond%20to %20Online%20Bid%20through%20Kentucky%20Vendor%20Self%20Service.pdf

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

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

65,000 KB.

Document Description Page 15 https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService mailto:Finance.CRCGroup@ky.gov

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.

6.6 Format of Response

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

1. Proposals must be submitted electronically in the eProcurement System:See How to Respond to an Online Bid through the Kentucky Vendor Self Service site.

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

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

ANY PRICING INFORMATION IN THE TECHNICAL PROPOSAL.

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

6.7 Technical Proposal Content

A. Transmittal Letter

The transmittal letter shall be on the vendor’s letterhead, and signed by an agent authorized to bind the vendor. The transmittal letter shall include the following:

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i. A statement that deviations are included, if applicable. Proposed deviations must be outlined in the transmittal letter. Any deviation from the provisions of the solicitation must be specifically identified by the vendor in its proposal, which if successful, shall become part of the contract. Such deviations shall not be in conflict with the basic nature of this solicitation. The Commonwealth reserves the right to reject any and/or all deviations in whole or in part.

ii. A statement that, if awarded a contract as a result of this solicitation, the vendor shall comply in full with all requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640;

iii. A statement pursuant to KRS 11A.040 that the vendor has not knowingly violated any provisions of the Executive Branch Code of Ethics;

iv. A statement of that the vendor is in compliance with Prohibitions of Certain Conflicts of Interest;

v. A statement of certification in accordance with Federal Acquisition Regulation 52.209-5, Certification Regarding Debarment, Suspension, and Proposed Debarment that to the best of its knowledge and belief, the vendor 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.

vi. The name, address, telephone number, and email address of the contact person for this RFP. The address shall be one in which the major overnight delivery services will deliver.

vii. The name, address, telephone number, and email address of the contact person to serve as a point of contact for day-to-day operations.

viii. Subcontractor information to include name of company, address, telephone number and contact name, if applicable.

ix. Federal Tax ID

x. A statement that the vendor agrees to comply with items included in the Mandatory Checklist, if applicable.

B. Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five

(5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws.

C. Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200.

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

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In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes: “Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”

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

to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https://apps.legislature.ky.gov/law/statutes/statute.aspx?

id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010: https:// apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response.

Foreign entity is defined within KRS 14A.1-070:

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

Businesses can register with the Secretary of State at:.

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

E. Required Annual Affidavit and Other Affidavit(s)

F. EEO Forms if applicable (see Section 10.19)

G. Proposed Solution (see Section 6.8)

6.8 Proposed Solution Content

Response should be based on the RFP requirements and should include the following:

A. Executive summary: a brief overview of the ability of the contractor to perform the services

B. Company background: Overview of company location, resources, and financial stability to perform the requested services.

C. Technical Requirements:

Contractor should provide a listing of their capabilities and resources including qualifications. Contractors should verify qualifications in accordance with Section

3.1 J of the terms and conditions.

Contractors shall state in their technical response the transportation districts that are being proposed. The current listing of districts can be found at this link:

Document Description Page 18 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx https://transportation.ky.gov/districtpages/pages/default.aspx

D. Implementation plan (the contractor shall state exactly how the contract will be implemented and the plan for properly staffing.

E. Service & Emergency call response plan (a narrative detailing the requirements and how the company will comply for services calls as listed in section 3.1.M)

F. Timeline to include milestones/deliverables (the contractors plan to accomplish the needed maintenance and the amount of time that will be spent at the facility.)

DO NOT INCLUDE ANY COST IN THE TECHNICAL RESPONSE. COST

SHOULD BE SUBMITTED SEPARATELY

6.9 Cost Proposal Content

The vendor should provide its costs for the proposed solution as instructed on the Cost Proposal Form. (see Attachment B)

The Commonwealth of Kentucky is Tax Exempt. Do not include Federal Excise Tax, Kentucky Sales or Use Tax in proposed costs.

Costs for developing the proposals are solely the responsibility of the offerors. The Commonwealth of Kentucky shall not provide any reimbursements for such costs.

A proposal shall not be considered for award if the price in the proposal was not 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. In addition, the offeror is prohibited from making multiple proposals in a different form.

Should conflict of interest be detected any time during the contract, the contract shall be null and void and the contractor shall assume all costs of this project until such time that a new contractor is selected.

SECTION 7 – PROPOSAL EVALUATION

7.1 Proposal Evaluation

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

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

7.2 Technical Proposal Evaluation

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Proposals with a combined technical score less than 50% of the maximum technical points possible will not be considered for award and neither cost proposals nor oral demonstration/presentation evaluations will be evaluated regarding that proposal.

A proposal’s combined technical score is the combined total points of all scored criteria in the technical proposal portion of an evaluation.

Criteria Maximum Points Possible

Executive Summary 100 Company Background 200 Technical Requirements 800 Implementation Plan 400 Service & Emergency Call Response Plan 400 Timeline 100

Maximum Points Possible 2000

7.3 Cost Proposal Evaluation

Possible Proposed Cost of Solution 800 Maximum Points Possible 800

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).

7.4 Oral Demonstration/Presentation Evaluation, if required

Possible Oral Presentations/Demonstrations

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. Oral Presentations/ Demonstrations may be conducted through video-conferencing 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 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

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Maximum Points Possible 200

KYTC intends to award at least one contract per Highway District, however reserves the right to award multiple contracts per District to ensure adequate coverage for all of the facilities.

7.5 Best and Final Offer (BAFO)

In accordance with FAP 111-57-00 (3) (h), the Commonwealth reserves the right to request Best and Final Offers (BAFO).

7.6 Total Proposal Evaluation

Criteria Maximum Points Possible

Technical Proposal 2000 Cost Proposal 800 Oral Demonstrations/Presentations, if required

MAXIMUM POINTS POSSIBLE

SECTION 8 – NEGOTIATIONS

The Commonwealth reserves the right pursuant to KRS 45A.085 to negotiate a contract with the top-ranked vendor. In the event the Commonwealth cannot reach agreement with the top-ranked vendor, it may proceed to negotiate with the next highest ranked vendor, and so on. It is the Commonwealth’s intent to award a contract to the vendor with whom successful negotiations are completed.

Terms and conditions that may be negotiated at the sole discretion of the Commonwealth include but are not limit to issues related to the Technical and/or Cost Proposals.

SECTION 9 – CONTRACT REQUIREMENTS AND PROVISIONS

9.1 Agencies to Be Served

This contract shall be for use by the TRANSPORTATION CABINET. No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.

9.2 Term of Contract and Renewal Options

The initial term of the contract shall be for a period of two (2) years from the effective date of the Award of Contract.

This contract may be renewed at the completion of the initial contract period for four (4) additional 2 year periods upon the mutual agreement of the Parties. Such mutual agreement shall take the form of a contract modification as described in Section 10.7 of this RFP.

At the end of the contract, the vendor shall provide all agency data in a form that can be converted to any subsequent system of the agency’s choice. The vendor

Document Description Page 21 shall cooperate to this end with the vendor of the agency’s choice, in a timely and efficient manner.

The Commonwealth reserves the right not to exercise any or all renewal options.

The Commonwealth reserves the right to extend the contract for a period less than the length of the above-referenced renewal period if such an extension is determined by the Commonwealth Buyer to be in the best interest of the Commonwealth.

The Commonwealth reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. 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.

9.3 Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A. Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall 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 Office of Procurement Services 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 Office of Procurement Services. Provided, however, that 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 Office of Procurement Services 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 in Paragraph A “Price Increases” as stated above.

9.4 Notices

After the award of contract, all programmatic communications with regard to day-to-day performance under the contract are to be made to the agency technical contact(s) identified during the negotiation phase of this procurement. After the

Document Description Page 22 award of contract, all communications of a contractual or legal nature are to be made to the Commonwealth Buyer.

9.5 Subcontractors

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor. All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

SECTION 10 – STANDARD TERMS AND CONDITIONS

10.1 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 Office of Procurement Services, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties;

3. Any Addenda to the Solicitation;

4. The Solicitation and all attachments

5. Any Best and Final Offer;

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

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

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

10.2 Final Agreement

The contract represents the entire agreement between the parties with respect to the subject matter hereof. 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.

10.3 Contract Provisions

If any provision of this contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commonwealth and the contractor shall be relieved of all obligations arising under such provision. If the remainder of this contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

10.4 Type of Contract

The contract shall be on the basis of a firm fixed unit price for the elements listed in this solicitation. This solicitation is specifically not intended to solicit proposals for contracts on the basis of cost-plus, open-ended rate…