Final_RFP_758_2500000169_1_SO_FORM.PDF

Document ID: RFP 758 2500000169 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Golf Cart Financing

Date Issued:

01/23/2025 Record Date:

01/23/2025

Solicitation Closes Date:

02/14/2025 Time:

15:30

Solicitation No:

RFP 758 2500000169

Online Bidding Prohibited: No For Information Call:

Amy Monroe 502-564-8625

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 2500000169 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Golf Cart Financing

Comm Code Comm Description Manufacturer Model # Manuf Part #

91764 Lease Purchase, M/V - Other

Extended Description The Kentucky Department of Parks seeks to establish a contract(s) for financing of golf cart fleets for the Kentucky State Park Golf Courses.

Shipping Information

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFP 758 2500000169 Page: 3

Submission Checklist

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

Item Proposed Technical Solution. Submit electronically by Closing Date & Time.

COMMONWEALTH OF KENTUCKY

REQUEST FOR PROPOSAL (RFP)

FOR

GOLF CART FINANCING

RFP 758 2500000169

RELEASE DATE: THURSDAY, JANUARY 23, 2025

CLOSING DATE AND TIME: FRIDAY, FEBRUARY 14, 2025, AT 3:30 PM ET

ISSUED BY

THE FINANCE AND ADMINISTRATION CABINET

ON BEHALF OF

TOURISM, ARTS, & HERITAGE CABINET

KENTUCKY DEPARTMENT OF PARKS

COMMONWEALTH BUYER:

AMY C. MONROE, CPPB

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

OFFICE OF PROCUREMENT SERVICES

200 MERO STREET, 5TH FLOOR

FRANKFORT, KY 40622

(502) 564-4510

AMY.MONROE@KY.GOV

TABLE OF CONTENTS

Proposal Submission Checklist Section 1 – Summary Section 2 – Introduction Section 3 – Scope of Work Section 4 – Commonwealth Office of Technology Requirements 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

Document Phase Document Description Page 4

2500000169 Final Golf Cart Financing Total Pages: 26 mailto:Amy.Monroe@ky.gov

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

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

All other items MUST be submitted prior to award.

*PROPOSED TECHNICAL SOLUTION

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)

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]

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.

Anticipated Schedule of Activities

Release of RFP Thursday, January 23, 2025 Vendors’ Written Questions due by 5:00 PM ET Friday, January 31, 2025

(SUBMIT QUESTIONS ON ATTACHMENT A - VENDORS’ QUESTION FORM)

Commonwealth’s Response to Vendors’ Written Questions Thursday, February 6, 2025

Proposals Due By 3:30 PM ET Friday, February 14, 2025

1.2 Issuing Office

The Commonwealth of Kentucky, Finance and Administration Cabinet, Office of

Procurement Services, is issuing this RFP on behalf of the Tourism, Arts, & Heritage Cabinet, Kentucky Department of Parks (KDP). 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.

Document Phase Document Description Page 5 https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

It is the intent of the Commonwealth to award the number of contract necessary to fulfill the needs of KDP.

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 Tourism, Arts, & Heritage Cabinet, Kentucky

Department of Parks (KDP No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.

Extending the Contract Use to Other Agencies The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other state agencies requiring the product(s) or service(s).

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 Commonwealth of Kentucky is seeking a vendor(s) to provide KDP with financing options for their golf cart fleets.

This document should provide respondents with the information necessary to assess the ability of their organization to meet the needs of the Commonwealth in providing the specified services under the terms included herein by which the Commonwealth proposes to govern the relationship between itself and the selected vendor.

The Commonwealth is interested in receiving proposals from vendors who are actively involved in Vendor Operating Agreements with distributors that sell and service golf carts.

2.2 Background

The Kentucky Department of Parks currently maintains 13 golf courses at 44 Kentucky State Parks across the Commonwealth.

The Commonwealth currently has contracts for the purchase of EZGO and Yamaha golf carts.

SECTION 3 – SCOPE OF WORK

3.1 Scope of Work

A. Mandatory Requirements All successful vendors shall be able to meet the following requirements for the life of any resulting contract.

1. Vendor shall currently have and must maintain a Vendor Operating Agreements with distributors and affiliated equipment and accessories.

2. Vendor shall have the ability to provide KDP quotes for financing upon request.

Quotes are to include current rates at that time.

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3. Vendor shall have the ability to offer multiple types of financing agreements, i.e. Fair Market Value Leases, Conditional Sales Agreements/Contracts with a $1 buyout, Conditional Sales Agreements/Contracts with a stated purchase price, etc.

4. All quotes provided to KDP shall be valid for a minimum of thirty (30) days and shall be free of any fees.

SECTION 4 – COMMONWEALTH OFFICE

OF TECHNOLOGY (COT) REQUIREMENTS

This section has been intentionally left blank, as it is 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

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:

- Proposer, Offeror, Contractor, Provider, or Vendor

- Commonwealth Buyer, Buyer, Purchaser, or Contract Officer

- RFP, Solicitation, or Procurement

- Bid, Proposal, or Offer

- Commonwealth of Kentucky, Commonwealth, or State, Agency, Personnel, PERS, DEI, or KEHP

- Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June

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- Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year

- Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

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

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.

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 Amy.Monroe@ky.gov. Vendors should submit questions on Attachment A - Vendors Question Form. 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, Document Phase Document Description Page 8 mailto:Amy.Monroe@ky.gov 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.

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

COMMONWEALTH OF KENTUCKY

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.

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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

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

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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 two (2) parts: The Technical Proposal and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical or Proprietary. All files shall be labeled accordingly.

Attachments may not exceed 65,000 KB.

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

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

6.6 Format of Response

Proposals shall be submitted in two (2) parts: the Technical Proposal and Proprietary

Information. Each part shall consist of one document. Do not submit multiple documents as Technical or Proprietary.

Proposals must be submitted electronically in the eProcurement System.

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. 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

DO NOT SUBMIT ANY PRICING INFORMATION IN THE TECHNICAL

PROPOSAL.

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

6.7 Technical Proposal Content

A. Transmittal Letter

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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:

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

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

Document Phase Document Description Page 12 https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx 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. General Vendor Information & Company Background Present a profile of your company’s operations and qualifications, including a description of the company, history, and major business lines. Outline your company’s experience, including how long your company has provided these types of services. Discuss any present or planned areas of emphasis over the next five

(5) years.

Provide a description of your company’s corporate structure and attach an organization chart that includes the firm’s governing body or owner(s), principals, and/or Board of Directors. The chart should identify the unit(s) that would be handling the Commonwealth’s contract. This chart should clearly demonstrate the relationship between the responding vendor, subcontractors, and any other entity involved in the electronic payment process.

Provide audited Financial Statements and related notes for the two (2) most recently completed fiscal years for your company. Include rating service information (e.g., Standard and Poor’s, Moody’s, etc.) on your company if this information is not included in the financial statement notes.

B. Account Management and Customer Service Program List all administrative, business, and technical personnel who will be servicing this account. Key personnel should be listed in order of their position of seniority and responsibility relative to the contract. The following information shall be provided for each key personnel member:

- Name, Title, Address, Phone Number, and E-mail Address

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- Relevant business and technical experience/qualifications

- Specific functional responsibility for this contract

C. Relevant Experience List three (3) current governmental clients your organization is providing financing to or has provided financing to in the last two (2) years.

D. Vendor Operating Agreements Identify all distributors your organization currently has a Vendor Operating

Agreement with for golf carts. Include how long the relationship has been in place and provide supporting documentation.

E. Value Added This is the proposers’ opportunity to highlight, in summary format, recommendations, concepts, ideas, practices, business strategies, innovative approaches that may that distinguish them from their competitors.

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

Criteria Maximum Points Possible General Vendor Information & Company Background (Section 6.8.A)

Account Mgt & Customer Svc (Section 6.8(B))

Relevant Experience (Section 6.8(C))

Vendor Operating Agreements (Section 6.8(D))

Value Added (Section 6.8(E))

Maximum Points Possible 1,000

7.3 Oral Demonstration/Presentation Evaluation, if required

Criteria Maximum Points Possible Oral Presentations/Demonstrations 200

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The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical 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 Maximum Points Possible 200

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 1,000 Oral Demonstrations/Presentations, if required

Maximum Points Possible 1,200

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 Proposals.

SECTION 9 – CONTRACT REQUIREMENTS AND PROVISIONS

9.1 Agencies to Be Served

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

Political Subdivisions

Under Kentucky Statutes, political subdivisions of this State including cities of all classes, counties, and school districts may participate in All State Agency Master Agreements to the same extent as agencies of the Commonwealth.

9.2 Term of Contract and Renewal Options

The initial term of the contract shall be for a period of one (1) year 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 two (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 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.

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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 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.

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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 schedule, nor any non-fixed price arrangement.

10.5 Contract Usage

As a result of this RFP, the contractual agreement with the selected vendor will in no way obligate the Commonwealth of Kentucky to purchase any services or equipment under this contract. The Commonwealth agrees, in entering into any contract, to purchase only such services in such quantities as necessary to meet the actual requirements as determined by the Commonwealth.

10.6 Addition or Deletion of Items or Services

The Office of Procurement Services reserves the right to add new and similar items, by issuing a contract modification, to this contract with the consent of the vendor. Until such time as the vendor receives a modification, the vendor shall not accept delivery orders from any agency referencing such items or services.

10.7 Changes and Modifications to the Contract

Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the Commonwealth, and incorporated as a written amendment to the contract and processed through the Office of Procurement Services and approved by the Finance and Administration Cabinet prior to the effective date of such modification or change pursuant to KRS 45A.210(1) and 200 KAR 5:311. Memorandum of understanding, written clarification, and/or correspondence shall not be construed as amendments to the contract.

If the contractor finds at any time that existing conditions made modification of the contract necessary, it shall promptly report such matters to the Commonwealth Buyer for consideration and decision.

10.8 Changes in Scope

The Commonwealth may, at any time by written order, make changes within the general scope of the contract. No changes in scope are to be conducted except at the approval of the Commonwealth.

10.9 Contract Conformance

If the Commonwealth Buyer determines that deliverables due under the contract are not in conformance with the terms and conditions of the contract and the mutually agreed-upon project plan, the Buyer may request the contractor to deliver assurances in the form of additional contractor resources and to demonstrate that other major schedules will not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

10.10 Assignment

The contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer.

10.11 Payment

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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.

10.12 Contractor Cooperation in Related Efforts

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

10.13 Contractor Affiliation

"Affiliate" shall mean a branch, division or subsidiary that is effectively controlled by another party. If any affiliate of the contractor shall take any action that, if done by the contractor, would constitute a breach of this agreement, the same shall be deemed a breach by such party with like legal effect.

10.14 Commonwealth Property

The contractor shall be responsible for the proper custody and care of any

Commonwealth-owned property furnished for contractor's use in connections with the performance of this contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted.

10.15 Confidential Information

The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the contractor. All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the contractor. The contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:

A. Information which the Commonwealth has released in writing from being maintained in confidence;

B. Information which at the time of disclosure is in the public domain by having been printed an published and available to the public in libraries or other public places where such data is usually collected; or

C. Information, which, after disclosure, becomes part of the public domain as defined above, thorough no act of the contractor.

10.16 Advertising Award

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 without the expressed written consent of the buyer.

(see Section 9.4)

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10.17 Patent or Copyright Infringement

The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge.

The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding.

If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information.

The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor.

If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent.

The contractor shall have no liability for any infringement based upon:

A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractor B. the modification of such product or part unless such modification was made by the contractor

C. the use of such product or part in a manner for which it was not designed

10.18 Permits, Licenses, Taxes and Commonwealth Registration

The contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this contract is performed.

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

However, the contractor need not be registered as a prerequisite for responding to the RFP. Additional local registration or license may be required.

The contractor shall pay any sales, use, and personal property taxes arising out of this contract and the transaction contemplated hereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the contractor.

10.19 EEO Requirements

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The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act. The contractor will be required to complete EEO Report Form prior to award. Instructions will be provided by the Buyer.

10.20 Provisions for Termination of the Contract

Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

10.21 Bankruptcy

In the event the contractor becomes the subject debtor in a case pending under the

Federal Bankruptcy Code, the Commonwealth's right to terminate this contract may be subject to the rights of a trustee in bankruptcy to assume or assign this contract.

The trustee shall not have the right to assume or assign this contract unless the trustee (a) promptly cures all defaults under this contract; (b) promptly compensates the Commonwealth for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth.

10.22 Conformance with Commonwealth & Federal Laws/Regulations This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

10.23 Accessibility

Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C.