Final_RFQ_095_1900000096_1_SO_FORM.PDF

Document ID: RFQ 095 1900000096 Page: 1 of 3

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: MOBILE FILE STORAGE SYSTEM

Date Issued:

3/27/19 Record Date:

2019-03-26

Solicitation Closes Date:

4/30/19 Time:

13:00

Solicitation No:

RFQ 095 1900000096

Online Bidding Prohibited: Yes

For Information Call:

Leslie Stamper 502-607-1510

Bid Receiving Location:

Department of Military Affairs Contract Specialist 100 Minuteman Pkwy Admin Svcs Frankfort KY 40601

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 095 1900000096 Page: 2 of 3

Line Items

Commodity Group: Default

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

1 High Density Mobile Filing System 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

42542 Filing Systems, Mobile, High Density (Electrical and Mechani

Extended Description Requesting a quote for a mechanical high density mobile storage system.

Shipping Information DMA - Division of Administrative Services

100 Minuteman Pkwy Procurement Sec Frankfort KY 40601

Billing Information DMA - Division of Administrative Services

100 Minuteman Pkwy Procurement Sec Frankfort KY 40601

Document ID: RFQ 095 1900000096 Page: 3 of 3

Submission Checklist

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

Item The face of the solicitation must be signed Bid Information-Completed Required Affidavit(s)

NEW

The Kentucky Reciprocal Preference Law and Disabled Preference Law are now in effect.

New requirements and affidavits have been added to this RFQ. See Section_14___ on Method of Award.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

Vendors shall comply with the terms and conditions stated in the Solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://eprocurement.ky.gov and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively.

Commonwealth Buyer:

Leslie Stamper Administrative Branch Manager

502-607-1510

FAX 607-1253

Leslie.c.stamper.nfg@mail.mil

REQUEST FOR QUOTE (RFQ)

MOBILE FILE STORAGE SYSTEM

Solicitation Number: RFQ 095 1900000096 Issued: March 27, 2019

Closing Date: April 30, 1:00 PM EST

INFORMATION AND DATA REQUIRED OF EACH OFFEROR

Price – the bidder with the lowest Price receives the maximum score.

Delivery and Installation availability – the bidder with the quickest time of delivery and installation will receive the maximum points available.

AFFIDAVITS – Affidavits to be signed, notarized and submitted with bid documentation.

Document Description Page 3

1900000096 MOBILE FILE STORAGE SYSTEM of 19 https://eprocurement.ky.gov http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

RESPONSES:

Proposals submitted in response to this Request For Quote must be received in hardcopy form April 30, 2019; 1:00 pm EST. Proposals which arrive after this date and time shall not be considered for an award of contract, unless: a) no bids are received other than the late bid; and b) the need of an agency is determined to preclude the re-solicitation of bids; and c) the offer is evaluated and found to be the best interest of the Commonwealth.

One (1) marked Original Proposal and (1) copy shall be submitted to:

LESLIE STAMPER, ADMINISTRATIVE BRANCH MANAGER

DEPARTMENT OF MILITARY AFFAIRS

100 MINUTEMAN PARKWAY, EOC BLDG

FRANKFORT, KY 40601

502-607-1510 502-607-1253

LESLIE.C.STAMPER.NFG@MAIL.MIL

All communications, oral and written (regular mail, express mail, electronic mail, or fax), concerning this procurement shall be addressed to the contact above and they shall be the sole point of contact throughout the procurement process.

Notice to Vendors:

Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Any exceptions to the item description or extended description shall be indicated only in the space reserved for those exceptions.

Unless the exceptions are noted as instructed, the Vendor will be expected to deliver as specified in the solicitation. Responses that include terms and conditions not in conformity with the terms and conditions of the Solicitation as issued or the Statutes of the Commonwealth of Kentucky may be rejected.

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.

Acknowledgment of Addenda to Solicitations It is the Vendor's responsibility to check the web site for any modifications to this Solicitation. If modifications have been made, the Vendor's signature is required on the latest addendum. Acknowledgment shall be received prior to the hour and date specified for receipt of offers. Verbal acknowledgment shall not be accepted.

Failure to acknowledge the latest addendum of this Solicitation shall cause the bid to be deemed non-responsive if the latest addendum is material to the procurement.

Solicitation Terms and Conditions

Award Contract

Section 1 Scope of Contract

The Department of Military Affairs issues this Solicitation to establish an Award Contract for the following:

Document Description Page 4

1900000096 MOBILE FILE STORAGE SYSTEM of 19 mailto:LESLIE.C.STAMPER.NFG@MAIL.MIL

Department of Military Affairs, Administrative Services Division as detailed below:

The Contractor shall be responsible for visiting the site and ascertaining pertinent local conditions such as location, accessibility, and general character of the site to ensure the system they are proposing will meet our needs and will work in our location.

The Vendor shall supply the necessary personnel, equipment, tools, material and other items necessary to perform the services required as specified below for the Mobile Filing System and Installation in the EOC Building at Boone National Guard Center.

We are looking for a mobile file system to accommodate files that, at the moment, fit in approximately 25 file cabinets. The system should allow for growth expansion as well.

The allowable measurements within the space we will have for the install is a maximum of 7 feet in length, 7 feet in height and approximately 31 inches deep. It should allow filing on both sides of each unit with a maximum shelf depth of 16” on each side to accommodate both standard and legal file folders.

Color and materials must be of such that will withstand daily use.

Cabinets will sit on an anti-tip tracking system mounted onto the current floor structure.

System Controls Handles will be ergonomically designed, soft-touch rotating handles.

The system should include safety locks to enhance user safety and unwanted movement.

As an option, we are interested in a controlled access ability and should be quoted as an option.

Site Visit-

Bidders are required to inspect the site where the file system will be installed to acquire accurate measurements to install the system that will meet our current needs.

In no event shall a failure to inspect the site constitute grounds for a claim after award of the contract.

Pricing information shall not be made known in any form to agency representatives during the site visit. Failure to comply with this requirement shall render the bid non- responsive. It is the bidder’s responsibility to verify any measurements of the location. Vendors may ask questions during the site visit(s). All questions will be addressed as a modification to the solicitation.

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

For violation of this provision, the Commonwealth shall reserve the right to disqualify the bid/proposal.

Site visits may be scheduled Monday through Friday 8:00 AM to 4:00 PM.

Document Description Page 5

Please contact Leslie Stamper, 502-607-1742 100 Minuteman Parkway, BLDG 100, Frankfort, KY 40601 leslie.c.stamper.nfg@mail.mil to schedule a site visit.

Section 2 Purpose The purpose of this Solicitation is to request vendor responses in order to provide the following:

Section 3 General This Solicitation specifies a requested commodity. It is not the intention of this Solicitation to eliminate Vendors of similar or equal types of commodities specified.

It should be noted, however, that the requested commodity is written around specific needs of the State agency. The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 4 Initial Contract Period The Contract established from this Solicitation shall be awarded within the next 6 months for installation completion by December 2019. This might fluctuate depending on the availability of the area the system will be installed.

Section 5 Exceptions to Specifications Any exceptions to the specifications must be clearly pointed out. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions and exceptions taken may cause the bid to be deemed non-responsive.

Section 6 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this Solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/ specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the Contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the Solicitation.

Section 7

Document Description Page 6 mailto:leslie.c.stamper.nfg@mail.mil

Recycle Requirements Prospective bidders are required to comply with Recycle Requirements for the purchase of goods, supplies, equipment, materials and printing with a minimum recycled content to the extent practicable per 200 KAR 5:330. This regulation can be viewed on the Internet at <http://www.lrc.state.ky.us/kar/200/005/330.htm>.

Section 8 Signing Solicitation An authorized representative shall complete and sign where indicated on the Solicitation sheet that is the front page of this Solicitation and elsewhere as identified in this Solicitation. FAILURE TO DO SO SHALL RESULT IN A NON-

RESPONSIVE BID/PROPOSAL.

Section 9 Agencies to be served This Contract shall be for use by the following agency of the Commonwealth of Kentucky:

Department of Military Affairs

Section 10 Extending the Contract Use to Other Agencies The Department of Military Affairs reserves the right, with the consent of the Vendor, to offer the Contract resulting from this Solicitation to other state agencies requiring the product(s) or service(s).

Section 11 (for all state agency contracts only) 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.

Section 12 Solicitation Submission Requirements

Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the Bidder. Any response not under sealed cover shall be rejected.

A bidder shall identify their response to a solicitation on the response envelope for a hard copy bid. Any response not sufficiently identified on the sealed cover, requiring it to be opened for identification, shall be rejected.

Bid Responses shall be addressed and submitted to:

Attn: Leslie Stamper /Administrative Branch Manager Department of Military Affairs

100 Minuteman Parkway, EOC Bldg.

Frankfort, KY 40601

Document Description Page 7 http://www.lrc.state.ky.us/kar/200/005/330.htm

The outside cover of the package containing the Bid Response shall be marked with:

REQUEST FOR QUOTE (RFQ)

Solicitation Number: RFQ 095 1900000096

NAME OF VENDOR SUBMITTING RESPONSE

Fax Bid Response copies and Electronic Bid Responses are NOT acceptable for this RFQ and shall be considered non-responsive.

Section 13 Method of Award Best Value – Ranking Approach The Commonwealth intends to award a Contract to the Vendor, whose offer, conforming to the Solicitation, 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 Solicitation.

Measurable Criteria:

Price 75 Points Availability and Installation 25 Points TOTAL POINTS 100 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. VENDOR SHALL ENTER UNIT PRICE AND TOTAL PRICE ON THE BID SHEET. If adequate space is not available, the Vendor must attach additional information that clearly cross-references the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.).

Vendors responding with the minimum Best Value requirements in this Solicitation 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 (75 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.

Availability and Installation (25 Points) The bidder with the quickest availability and installation time period will receive the maximum points allowable.

Schedule of RFQ Activities

Document Description Page 8

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

Release of RFQ March 27, 2019

Final day to submit questions April 12, 2019

Anticipated Date to Post Answers to Questions from Site Visits April 18, 2019

Proposals Due by April 30, 2019 1:00 PM EST

All bidders that wish to attend the Offeror’s Site Visit are cautioned to be aware of the security at the Boone National Guard Center located at:

Department of Military Affairs 100 Minuteman Parkway, Building 100 Frankfort, Ky 40601

NOTE: ALL TIME REFERENCES ARE TO THE EASTERN TIME ZONE UNLESS

OTHERWISE NOTED.

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.

Document Description Page 9

(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 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 solicitation 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 Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. 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 indentified 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 solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: 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 solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder- affidavit form included. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

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

Section 15 Tax Exempt Status Do not include Federal Excise Tax, Kentucky Sales or Use Tax in prices quoted in response to this Solicitation.

Section 16 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

Document Description Page 10 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.

Section 17 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this Solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

The Commonwealth of Kentucky shall not be bound by any part(s) of the bidder’s response to this Solicitation that contains information, options, conditions, terms, or prices neither requested nor required in the Solicitation. In the event of any conflicts between the specifications, terms and conditions indicated by the Commonwealth and those indicated by the Contractor, those of the Commonwealth take precedence. The Contract supercedes all bids or other prior agreements, oral or written, and all other communications between the parties relating to this subject.

Section 18 Post Contract Agreements The resulting Contract shall constitute the entire agreement between the State and awarded Contractor. Unless contractually provided, State agencies utilizing this Contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a Contract resulting from this Solicitation or offer. Any such documents so obtained will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 19 Equipment All equipment must be a new and current model. The Commonwealth recognizes the rapid advancement of technology. If the bidder can provide new equipment of advanced technology after the award of the Contract, the Commonwealth and the bidder may choose by mutual agreement to install such equipment. The price of the new technology equipment cannot exceed the cost of the award Contract.

Section 20 Equipment / Condition Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and the latest or current year model and be in first class condition. Any unit failing to meet the foregoing requirements shall be returned to the contractor, at their expense, and replaced with a new unit.

Document Description Page 11

Section 21 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this Solicitation are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its agencies during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract.

Section 22 Manuals Instruction and operating manuals shall be furnished for all equipment installed.

Section 23 Distribution of Literature Upon request, the Vendor shall furnish State agencies and other public bodies with descriptive literature and service information for items awarded.

Section 24 Vendor’s Report The vendor(s) may be asked to furnish the buyer, Department of Military Affairs, a report showing volume which has been sold to the Commonwealth and its using agencies each six (6) months of the contract period. The report will include political subdivisions and university purchases. This report may be the vendor’s computer printout sheet or form. This shall apply to all items, which are to become a part of this contract. This report must reference usage by brief description, product number or other format designated by the Department of Military Affairs.

Section 25 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this Solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The Vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 26 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this Solicitation by giving written notice thirty (30) days prior to effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Department of Military Affairs canceling the contract.

Section 27 Exception to Required Use of Contract The establishment of this Contract is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 28 Service Performance All services performed under contract shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and the Contractor is that of client and independent Contractor. No agent, employee, or servant of the Contractor or any of

Document Description Page 12 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.

Major deviations of services performed will not be made without the written approval of the Department of Military Affairs. Problems that arise under any aspect of performance should first be resolved between the Vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Office of Procurement Services for settlement.

Section 29 Addition or Deletion of Items or Services The Department of Military Affairs reserves the right to add new and similar items, with the consent of the Vendor, to any contract awarded from this Solicitation. The Department of Military Affairs to effect this change will issue a Contract Modification.

Until such time as the Vendor receives a Modification, the Vendor shall not accept Delivery Orders from any agency referencing such items or services.

Section 30 Agreement between Parties By submitting a bid, the bidder acknowledges and agrees to be bound by the terms and conditions of the Solicitation.

The bidder agrees that a resulting contract is the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Solicitation. It is further agreed between the parties, that any valid modification of contractual agreement must be formalized by issuance of a Contract Modification from the Office of Procurement Services.

Purchase or Sales Agreements, supplied by the bidder making an offer, in reply to the Solicitation, will not be accepted. The only terms and conditions acceptable to the Commonwealth of Kentucky are as outlined in the Solicitation. Bids not conforming will be considered as non-responsive.

Section 31 Funding-Out Provision The Vendor agrees that if funds are not appropriated to the agency or are not otherwise available for the purpose of making payments, the agency shall be authorized, upon sixty (60) days written notice to the Vendor, to terminate this contract. The termination shall be without any other obligation or liability of any cancellation or termination charges, which may be fixed by the contract.

Section 32 Governmental Restrictions In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to delivery, it shall be the responsibility of the successful bidder to notify the Department of Military Affairs in writing, indicating the specific regulation which requires such alterations. The Commonwealth reserves the right to accept any such alterations, including any subsequent price adjustments, or to cancel the contract.

Section 33

Document Description Page 13

Payments The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454.

Section 34 Inspection All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Section 35 Inquiries

Sole Point of Contact- Commonwealth Buyer The Commonwealth Buyer listed below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail, or fax), concerning this procurement shall be addressed to:

Leslie Stamper Administrative Branch Manager 502-607-1510

FAX 607-1253

Leslie.c.stamper.nfg@mail.mil

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

The Commonwealth Buyer cited in this Solicitation

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

For violation of this provision, the Commonwealth shall reserve the right to disqualify the bid/proposal.

Section 36 Subcontracts 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.

Document Description Page 14 mailto:Leslie.c.stamper.nfg@mail.mil

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

Section 37 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer bids direct and is awarded a contract, the Office of Procurement Services shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by the Department of Military Affairs.

Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Contract With Other Than Manufacturer: If successful bidder is other than the manufacturer, the Office of Procurement Services will furnish a Tax Exemption Certificate with each individual order issued against this contract. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Section 38 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. A copy of the EEO forms may be obtained by downloading them from the Finance website at http://finance.ky.gov/services/ eprocurement/Pages/VendorServices.aspx. Select forms under Attachment #4.

Direct coordination with the EEO Office is approved to discuss EEO requirements and forms. Their phone number is (502) 564-2874 and fax (502) 564-1055.

The Commonwealth will review the EEO Forms (or equivalent, if applicable) upon receipt. If a Vendor is under-utilized or in non-compliance, the Vendor shall receive notification from the Commonwealth. The Vendor shall have five

(5) days from receipt of such notice to submit an affirmative action plan. Failure to submit an affirmative action plan within the timeframe specified may result in the disqualification of the Vendor's response. In any event, a Vendor shall not be eligible for an award of contract without being in compliance with the EEO requirements.

If the Vendor is exempt from submitting the EEO Forms, the Vendor must state such in the bid. Exemption from EEO Form submission, under KRS 45.590, does not obviate any other requirements of KRS 45.570.

Section 39 Governing Law This Solicitation shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Solicitation shall be brought in state or federal court in Franklin County, Kentucky.

Section 40 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.

Document Description Page 15 http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx.� http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx.�

Any actual or prospective Offeror or Contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may 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 to:

William M. Landrum, Secretary

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

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.

Section 41 State Vendor Eligibility Request Form

Revenue Form 10A100, “State Vendor Eligibility Request Form”, 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. The form is located at this web-link as Attachment 5:

http://finance.ky.gov/services/eprocurement/Pages/VendorServices.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 contract shall constitute a material breach of the contract and the contract may be terminated.”

Section 42 Access to Records The contractor, as defined in KRS 45A.030 (9) 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 contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 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.

In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for

Document Description Page 16 http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004.

Section 43 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 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. 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, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled.

Businesses can register with the Secretary of State at https:// secure.kentucky.gov/sos/ftbr/welcome.aspx .

Section 44 Reduction in Contract Worker Hours

The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document.

Section 45 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. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the Vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

Section 46 Funding Limitations

If any or all responses received exceed the amount of funding available, then the Department of Military Affairs, reserves the right to cancel this RFQ.

Document Description Page 17

1900000096 MOBILE FILE STORAGE SYSTEM of 19 http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A01/070.PDF http://www.lrc.ky.gov/KRS/014A01/070.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx https://secure.kentucky.gov/sos/ftbr/welcome.aspx

Section 47 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.

Section 48

ALL PROVISIONS OF THIS SOLICITATION RFQ 095 1900000096 SHALL BE PART

OF ANY RESULTING AWARD CONTRACT.

Document Description Page 18