Final_RFQ_040_2700000006_1_SO_FORM.PDF

Document ID: RFQ 040 2700000006 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Janitorial Services for Prestonsburg Office

Date Issued:

10/01/2026 Record Date:

09/23/2026

Solicitation Closes Date:

10/15/2026 Time:

12:00

Solicitation No:

RFQ 040 2700000006

Online Bidding Prohibited: No

For Information Call:

Michelle Lacy 502-696-5615

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: RFQ 040 2700000006 Page: 2

Line Items

Commodity Group: Default

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

1 Janitorial/Custodial Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

91039 Janitorial/Custodial Services

Extended Description Refer to Terms and Conditions for instructions on bid submissions

Shipping Information

Billing Information Office of the Attorney General Office of Management & Budget 1024 Capital Center Dr, Suite 200

Frankfort KY 40601

Document ID: RFQ 040 2700000006 Page: 3

Submission Checklist

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

Item Lowest Bidder Receive Points Greatest Number of Years Experience will receive Points

COMMONWEALTH OF KENTUCKY

Office of the Attorney General

1024 Capital Center Drive, Suite 200 Frankfort, KY Zip 40601

Informal Solicitation for Non-Professional Services

Updated: July 14, 2026

Please note: Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Request for quotation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx . The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation Instructions October 1, 2026 Due Date for Response: 12:00 PM ET October 15, Return Request For Quotation shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service System. Mail in proposals will not be evaluated.

Terms and Conditions

Bid Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement)

Proposals shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service System.

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

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

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

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2700000006 Final Janitorial Services for Prestonsburg Office Total Pages: 16 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://vss.ky.gov activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/ time of the bid closing.

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

1. The face of the solicitation MUST be completed in its entirety.

2. The Required Affidavit MUST be signed and notarized.

3. The Basis of Price Quotation and Validity of Offer MUST be submitted.

4. The Vendor’s Bid Price and Years Experience MUST be submitted.

1. Location of Service: Office of the Attorney General, 313 West Minister Street Suite 101, Prestonsburg, KY

41653 2.

3. Period of Service: from 11/01/2026 to 06/30/2027 (12 months later). This contract may be extended at the completion of the initial contract period for 1 additional one-year period.

4. Services provided by Vendor/Contractor/Proprietor: The service provider will clean and maintain in a clean and presentable manner all floors, offices and restroom facilities one (1) day a week. The services will be performed during the working hours of 2:00 p.m. to 4:00 p.m. This includes, but is not limited to, emptying all trashcans, sweeping floors, vacuuming carpets, dusting all furniture, disinfecting phones and all other shared surfaces, mopping and cleaning floors, cleaning and stocking all restroom facilities, and cleaning all glass surfaces including windows and doors. Blinds shall be cleaned once per month. The one day a week cleaning will also be prescheduled with the Executive Director of the Office of Management & Budget. Payment will only be made for services rendered.

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2700000006 Final Janitorial Services for Prestonsburg Office Total Pages: 16

The office is currently 1,982 square feet.

5. Items/Supplies/Equipment provided by Agency (if necessary) and Provider: The service provider will provide all cleaning supplies and equipment, i.e. floor and fixture cleaning detergents, floor waxes, brooms, brushes, mops, and floor care equipment.

6. Inspection and Acceptance of Services: The provider will have weekly or semi-weekly inspections with the agency representative. During this inspection the provider and agency will review the facilities and discuss any improvements or changes, if needed. The agency representative will approve the provider’s invoice before payment is authorized.

7. Invoicing Instructions: The vendor is responsible for submitting an invoice to the agency at the address indicated above on or before the 10th of the month following the month in which the service(s) were rendered.

The winning bidder shall understand that services are to be provided 1 day per week (unless building closure or an observed holiday) and the winning bidder must have sufficient staff to provide coverage (i.e.

coverage for primary janitorial staff absences, sick, vacation, etc). If unforeseen circumstances arise that services cannot be provided the pro-rata amount for that time period in which services are not provided shall be deducted from the invoice by the vendor.

8. Payment Terms: The Commonwealth will make payment within thirty (30) working days of receipt of

Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS 45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

Payments are predicated upon agreed upon payment milestones set forth in the agreement and/or 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 agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

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(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10)Unit prices; and (11)Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided.

The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within five (5) working days.

9. BACKGROUND CHECKS

The OAG has established a background check policy to insure a safe and secure environment for staff, equipment, data and evidence maintained at the facility. This policy applies to contractor employees, hired through third party staffing vendors that are intended to supplement the OAG workforce. Contractor, at its expense, must approve a background check, conducted by the Office of the Attorney General for each

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2700000006 Final Janitorial Services for Prestonsburg Office Total Pages: 16 https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx of its employees, as well as for the employees of any subcontractors, who will provide services to the OAG or who will have access to any areas of the building. Contractor Employees, for the purpose of this requirement, include custodial services. Background checks are to be conducted via a request to the Office of the Attorney General, Department for Criminal Investigation. The minimum background check process shall include, but not be limited to, the following checks:

# Social Security Number (SSN) Trace;

# Criminal Records (County and State Criminal Felony and Misdemeanor, National Criminal Database, Federal Criminal); and # National Sex Offender Registry.

The background check must be conducted prior to initial access by Contractor Employees. Contractor Employees, who separate employment from the Contractor, must undergo another background check prior to renewed access to the facility. Individual offices have a right to require more regular background checks of Contractor Employees and have the right to require that a Contractor provide background check results to them. Additionally, all Contractor Employees have the responsibility to self-disclose any misdemeanor or felony convictions that occur while assigned to the facility manager within three business days of the conviction or upon return to an OAG assignment. The conviction must be reported to the Contractor, the Contract Manager and the Department for Criminal Investigation. If reported to the Contractor, it is the Contractor’s responsibility to notify the appropriate party within three days of learning of the conviction.

If at any time, it is discovered that any Contractor Employee has a criminal record that includes a felony or misdemeanor the Contractor is required to inform the OAG and the OAG will assess the circumstances surrounding the conviction, time frame, nature, gravity and relevancy of the conviction to the job duties to determine whether the contractor employee will be placed on assignment. The OAG may withhold consent at its sole discretion. Failure of the Contractor to comply with the terms of this paragraph may result in the termination of its contract with the OAG.

BUSINESS ENTITY BACKGROUND CHECK

In addition to individual employees, extensive background check will be performed by the OAG on the proposed contractor. Such investigation shall include, but is not limited to consumer protection complaints, actions caused by current or former employees while in the course of employment, tax records, or any relevant information pertaining to contractors’ suitability to perform the services required. The OAG reserves the right to disqualify any potential contractor based on information contained in such investigation.

10. Total cost restriction: Cost of services shall not exceed $5,000 per fiscal year.

11. Taxes: The agency shall furnish the tax exemption number for applicable tax-exempt purchases.

12. Governmental Mandates (Workman’s Compensation, Unemployment Insurance, etc.): All services performed under this contract, if applicable, shall be in accordance with the terms and provisions of the contract. The relationship between the State and the Contractor is that of client and independent contractor.

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No agent, employee, or servant of the contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract.

13. Modifications to Contract: The agency reserves the right to modify this agreement for the addition or deletion of requirements deemed necessary by the agency with the mutual agreement of both parties;

however modifications will not result in the expenditures against this contract exceeding $20,000 per fiscal year.

14. Termination of Contract: This Contract shall be subject to the termination provisions set forth in 200 KAR

5:312.

15. Method of Award: Award will be made to the vendor, whose offer, conforming to the request for quotation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein. The agency will issue a notification of award accepting the best value offer. Prompt Payment may be considered in award criteria. The scoring of bids/proposals is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. See below.

16. Basis of Price Quotation: The provider agrees to provide the cleaning services as requested above for the monthly price of $_____, or $_______ yearly, and agrees to monthly payments made within thirty (30) working days after receipt of approved invoice by the agency. Approved invoice means the agency has approved the work provided during the period indicated on the invoice.

17. Validity of Offer: This offer is valid for thirty (30) days and the provider offers *___% ___ Days, Net 30

WD prompt payment discount (i.e.2%10, N30WD).

18. Governing Law: 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.

19. Access to Records: The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

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Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

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

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

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

(b) The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin.

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

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

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

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

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

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

Best Value - Ranking Approach

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The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the request for quotation, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the vendor in response to the established measurable criteria contained in the request for quotation.

PRICE: 90 points EXPERIENCE: 10 points

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.

If adequate space is not available, the vendor must attach additional information that clearly cross-references the appropriate location in the request for quotation (i.e. page number, paragraph, subject, etc.).

A bidder shall submit one (1) response to a request for quotation and shall not propose more than one (1) model/ brand for each item listed in the request for quotation, except for requested tier pricing. Multiple or alternate bids offering more than one (1) bid price in total or by line item shall be rejected.

Vendors responding with the minimum Best Value requirements in this request for quotation shall not be credited with Best Value points. Vendors responding with greater than the minimum requirements shall receive Best Value points. Failure to provide adequate information will impact the evaluated points awarded to the vendor.

PRICE (90 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 90 points is allocated to the lowest Price criteria for this procurement, bidder “A” bids $3.00 as the lowest bidder and receives the maximum 90 points ($3.00 / $3.00 = 1.00 x 90 = 90).

Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 67.5 points ($3.00 / $4.00) = .75 x 90 = 67.5).

Vendor’s Bid Price: ___________________________________

EXPERIENCE 10 points Number of years of experience (10 points) - The vendor with the greatest number of years experience (not to exceed 10 years for evaluation purposes and this is determined by agency) receives the maximum points.

This category is worth 10 points and assume vendor “A” has 10 years experience in this field, then (10/10 = 1.00 x 10 = 10 points). Assume vendor “B” has 5 years experience in this field, then (5/10 = .50 x 10 = 5 points, etc.)

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Years Experience: ____________________________________

Vendor shall state correct number of years experience. If the vendor has more than ten (10) years experience, the vendor shall state that number.

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations

Document Phase Document Description Page 12 in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the request for quotation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Annual Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status, unless a valid, Annual Affidavit is already on file with the Commonwealth. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a request for quotation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a request for quotation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the request for quotation a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

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

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

Document Phase Document Description Page 13 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431

KRS Chapter 136 (CORPORATION AND UTILITY TAXES) KRS Chapter 139 (SALES AND USE TAXES) KRS Chapter 141 (INCOME TAXES) KRS Chapter 337 (WAGES AND HOURS) KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES) KRS Chapter 341 (UNEMPLOYMENT COMPENSATION) KRS Chapter 342 (WORKERS' COMPENSATION)

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

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

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

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

Artificial Intelligence (AI) Vendor agrees to adhere to CIO-126 Artificial Intelligence Policy.pdf, which includes but is not limited to, the required written disclosure, in advance, of every use of generative AI and/or integrations with generative AI system. Vendor agrees to disclose all parts of contracted work that is expected to be or will be performed with the assistance of AI. Further, Vendor understands and agrees to take appropriate measures to ensure Generative AI shall not be used for any activities that are illegal or in violation of state policy, COT policy, or agency policy per CIO-126. Vendors may not use Commonwealth confidential or internal data in generative AI queries or for building or training proprietary generative AI programs unless explicitly approved in writing by the agency head with consultation from the COT Chief Information Officer. Vendor agrees to provide reasonable written notice of any issue of noncompliance with these requirements.

Insurance Requirements All additional insurance should be included below in this section part B.

** Proof of all required insurances should be provided prior to award.**

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2700000006 Final Janitorial Services for Prestonsburg Office Total Pages: 16 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37644 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37674 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38890 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38899 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38902 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52935 https://technology.ky.gov/policies-and-procedures/PoliciesProcedures/CIO-126%20Artificial%20Intelligence%20Policy.pdf

A Certificate of Insurance (COI) on an ACORD form is required unless approved by the Commonwealth’s Office of the Controller.

A. Required Coverage

The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance in part C of this section through the entire contract:

Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance (*The Commonwealth reserves the right to require higher coverage amounts if needed based on the type of contract and associated risk)

1. Automobile Liability Insurance (If Applicable)

Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor. Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Professional Liability Insurance (If Applicable) Professional Liability (Error & Omissions) Insurance shall be required for all professional services performed by licensed or certificated individuals or individuals working on behalf of licensed or certificated individuals. The required Professional Liability Insurance shall have a minimum limit of liability of $1,000,000.00 per claim for damages arising out of negligent acts, errors, and/or omissions in the performance of services.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

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Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

All Certificates of Insurance must be signed by an authorized representative of the insurance agency, 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. 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. A list of authorized companies can be found at https://insurance.ky.gov/ppc/ Company/Default.aspx.

The certificate holder shall be listed as:

1024 Capital Center Drive, Suite 200

Frankfort, KY 40601 Attn: Michelle Lacy

Certificate of Insurance must contain the following language in the Description of Operations box:

“The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.”

D. Subcontractors If the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor.

# The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract.

# Procuring Agency reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.

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2700000006 Final Janitorial Services for Prestonsburg Office Total Pages: 16 http://www.ambest.com https://insurance.ky.gov/ppc/Company/Default.aspx https://insurance.ky.gov/ppc/Company/Default.aspx