Final_RFQ_095_2000000085_1_SO_FORM.PDF

Document ID: RFQ 095 2000000085 Page: 1

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: Fuel card reader system and installation

Date Issued:

12/13/19 Record Date:

2019-12-13

Solicitation Closes Date:

12/23/19 Time:

14:00

Solicitation No:

RFQ 095 2000000085

Online Bidding Prohibited: Yes

For Information Call:

Joseph Barrett 859-293-4224

Bid Receiving Location:

Department of Military Affairs Contract Specialist 5751 Briar Hill Road Bldg 18 Lexington KY 40516-9721

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 2000000085 Page: 2

Line Items

Commodity Group: Default

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

1 Provide and install a fuel card reader system at Bldg 9

Comm Code Comm Description Manufacturer Model # Manuf Part #

20489 Scanners and Readers, Magnetic Strip

Extended Description Bluegrass Station Division has a 10,000 gallon underground storage tank with a dual dispenser for gasoline and a 5,000 gallon above ground storage tank with a single dispenser for diesel fuel located at 5751 Briar Hill Rd, Lexington, KY.

Bluegrass Station Division is seeking bids for the purchase and installation of a compatible self-serve fuel card reader system with a cloud-based infrastructure and all associated hardware and software that will control, authorize and record the dispensing of gasoline and/or diesel fuel as a stand-alone system, capable of unattended, secure operation 24 hours a day, 7 days a week.

Any vendor wishing to bid must make a mandatory site visit prior to submitting a bid.

The system must be able to receive, at a minimum, one set of binary units.

The system must have a cloud-based security encryption (I.A.).

The vendor shall install, implement and test the fuel card reader system, including but not limited to, the central controller, fuel island controllers and receivers and/or transmitters.

The vendor shall provide two hundred (200) programmable cards and/or keys that must, at a minimum, collect the following data at the pump:

Date and time of fuel purchase.

Type of fuel purchased.

Number of gallons purchased.

Price per gallon.

Odometer reading.

License plate number.

Vehicle description.

Driver ID or PIN used.

Driver name.

Company name.

Purchase order number.

Task number.

All of the items listed above must be editable/changeable by the end user. Any system that requires Bluegrass Station Division to contract with the vendor or manufacturer for these changes will not be acceptable.

The vendor shall provide robust reporting capabilities that are accessible online to assist with tracking fuel use for Bluegrass Station Division and its tenants and accurate billing detail for ease of payment and reconciliation. The following reporting capabilities must be available, at a minimum, and accessible online:

A report listing each card use detail, including product purchased, dates, times, etc.

A report listing driver ID activity or PIN activity with detail on products purchased, dates, times, etc.

A report listing company name with detail on products purchased, dates, number of gallons purchased, price, license plate number, vehicle description, driver name, purchase order number and task number.

A report listing company name with detail on products purchased, dates, number of gallons purchased, price, license plate number, vehicle description, odometer readings and driver name.

Document ID: RFQ 095 2000000085 Page: 3

Bluegrass Station Division must be able to modify the report structure as it sees fit without having to rely on the vendor or manufacturer.

The vendor shall provide training and familiarization on the installed equipment and software.

The vendor shall acquire and maintain all applicable permits.

The vendor shall provide as-built technical drawings, test results and technical documentation. The vendor must provide a full point-to-point wiring diagram with electrical requirements with the shop drawings.

The vendor shall comply with all federal, state and local laws.

Shipping Information DMA - Bluegrass Stations Division

5751 Briar Hill Road Bldg 18 Lexington KY 40516-9721

Billing Information DMA - Bluegrass Stations Division

5751 Briar Hill Road Bldg 18 Lexington KY 40516-9721

Document ID: RFQ 095 2000000085 Page: 4

Submission Checklist

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

Item Proposed cost solution under sealed cover and by closing date and time

KENTUCKY DEPARTMENT OF MILITARY AFFAIRS

BOONE NATIONAL GUARD CENTER

FRANKFORT, KY 40601

INFORMATION AND DATA REQUIRED OF EACH OFFEROR

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

Affidavit – affidavit to be signed, notarized and submitted with bid documentation.

RESPONSES:

Proposals submitted in response to this Request For Quote must be received in hardcopy form December 23, 2019, 2:00 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 one (1) copy shall be submitted to:

JOE BARRETT, PROCUREMENT

DEPARTMENT OF MILITARY AFFAIRS

5751 BRIAR HILL RD BLDG 18

LEXINGTON, KY 40516

PHONE 859-293-4224

FAX 859-293-4215

EMAIL ADDRESS joseph.r.barrett4.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.

Scope and Purpose

LOCATION OF SERVICE:

ADDRESS: Bluegrass Station, 5751 Briar Hill Road, Lexington, KY 40516.

POC:

NAME

Joe Barrett

PHONE

Document Description Page 5

2000000085 Fuel card reader system and installation mailto:joseph.r.barrett4.nfg@mail.mil

859-293-4224

EMAIL ADDRESS

joseph.r.barrett4.nfg@mail.mil

PERIOD OF SERVICE:

1/10/20 – 6/30/20

TYPE OF SERVICE:

Provide and install a fuel card reader system in Bldg. 9.

SCOPE OF WORK:

Bluegrass Station Division has a 10,000 gallon underground storage tank with a dual dispenser for gasoline and a 5,000 gallon above ground storage tank with a single dispenser for diesel fuel located at 5751 Briar Hill Rd, Lexington, KY.

Bluegrass Station Division is seeking bids for the purchase and installation of a compatible self-serve fuel card reader system with a cloud-based infrastructure and all associated hardware and software that will control, authorize and record the dispensing of gasoline and/or diesel fuel as a standalone system, capable of unattended, secure operation 24 hours a day, 7 days a week.

Any vendor wishing to bid must make a mandatory site visit before submitting a bid.

The system must be able to receive, at a minimum, one set of binary units.

The system must have a cloud-based security encryption (I.A.).

The vendor shall install, implement and test the fuel card reader system, including but not limited to, the central controller, fuel island controllers and receivers and/or transmitters.

The vendor shall provide two hundred (200) programmable cards and/or keys that must, at a minimum, collect the following data at the pump:

Date and time of fuel purchase.

Type of fuel purchase.

Number of gallons purchased.

Price per gallon.

Odometer reading.

License plate number.

Vehicle description.

Driver ID or PIN used.

Driver name.

Company name.

Purchase order number.

Task number.

Document Description Page 6

All of the items listed above must be editable/changeable by the end user. Any system that requires Bluegrass Station Division to contract with the vendor or manufacturer for these changes will not be acceptable.

The vendor shall provide robust reporting capabilities that are accessible online to assist with tracking fuel use for Bluegrass Station Division and its tenants and accurate billing detail for ease of payment and reconciliation. The following reporting capabilities must be available, at a minimum, and accessible online:

A report listing each card use detail, including product purchased, dates, times, etc.

A report listing driver ID activity or PIN activity with detail on products purchased, dates, times, etc.

A report listing company name with detail on products purchased, dates, number of gallons purchased, price, license plate number, vehicle description, driver name, purchase order number and task number.

A report listing company name with detail on products purchased, dates, number of gallons purchased, price, license plate number, vehicle description, odometer readings and driver name.

Bluegrass Station Division must be able to modify the report structure as it sees fit without having to rely on the vendor or manufacturer.

The vendor shall provide training and familiarization on the installed equipment and software.

The vendor shall acquire and maintain all applicable permits.

The vendor shall provide as-built technical drawings, test results and technical documentation. The vendor must provide a full point-to-point wiring diagram with electrical requirements with the shop drawings.

The vendor shall comply with all federal, state and local laws.

ITEMS/SUPPLIES/EQUIPMENT PROVIDED BY VENDOR:

All items, supplies and equipment necessary to complete the project.

INSPECTION AND ACCEPTANCE OF SERVICES:

All work shall be inspected upon completion of the project.

TOTAL COST RESTRICTION:

Cost of services shall not exceed $20,000 per fiscal year (No more than our approved purchasing authority).

Method of Award

Document Description Page 7

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.

Measureable Criteria:

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 (100 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, 80 points is allocated to the lowest price criteria for this procurement, Bidder “A” bids $3.00 as the lowest bidder and receives the maximum 80 points ($3.00/$3.00 = 1.00 x 80 = 80). Assume Bidder “B” is the next lowest bidder at $4.00, then “B” receives 60 points ($3.00 / $4.00 = .75 x 80 = 60).

STATE AND FEDERAL CLAUSE REQUIREMENTS

010.005 GOVERNMENTAL MANDATES (WORKMAN’S COMPENSATION,

UNEMPLOYMENT INSURANCE, ETC.):

The Vendor/Contractor/Proprietor is responsible for compliance with all applicable mandates concerning this agreement. For the purposes of this contract the Vendor/Contractor/Proprietor is deemed to be an independent agent and is not considered to be an employee of the Commonwealth.

010.010 AWARD OF CONTRACT:

Document Description Page 8

This written notice of award (or acceptance of offer) mailed or otherwise furnished to the offeror within the time for acceptance specified in the offer shall be deemed to result in a binding contract without further action by either party.

010.015 KENTUCKY SALES AND USE TAXES:

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

010.020 COMPLIANCE WITH STATE LAWS:

Any contracts or orders placed as a result of the offer shall be governed by the laws of the Commonwealth of Kentucky. The rights and obligations of the parties thereto shall be determined in accordance with these laws. Any offer conditioned upon governance by the laws of a state other than Kentucky shall not be considered.

010.025 CONTRACT MODIFICATIONS:

No modification to this contract shall be permitted unless the contractor receives written approval from the Commonwealth of Kentucky.

If the contractor believes modifications are necessary, he/she may request approval of the Commonwealth of Kentucky. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

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.

010.030 SELLER'S INVOICES:

Invoices shall contain, at a minimum, the following information: Contract and order number (if any), item numbers, description of supplies or services, sizes, quantities, unit prices, and extended totals.

010.035 FUNDING OUT PROVISION:

The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the contractor thirty (30) calendar day’s written notice of the termination of the contract.

010.040 CANCELLATION CLAUSE:

Either party may cancel the contract at any time for cause or may cancel without cause on 30 days’ written notice.

Document Description Page 9

010.042 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 agreement will be reduced by the amount specified in that document.

010.045 TERMINATION OF CONTRACT:

The Commonwealth shall be authorized to terminate for the procurement of supplies and services when the purchasing official has determined that such termination will be in the Commonwealths best interest. All contract terminations shall be subject to the provisions of 200 KAR 5:312.

010.050 PAYMENT TERMS:

The Commonwealth shall pay all invoices in accordance with KRS 44.010, KRS 45.453 and KRS 45.454, which basically is “when due, and within 30 working days after receipt of approved invoice.”

010.055 SUBCONTRACTOR REQUIREMENT:

The Second Party agrees that all requirements of this contract shall also be applicable and binding on any subcontractor (subject to First Party approval) the Second Party contracts with to meet the statement of work, method of payment, and deliverables of this contract.

010.060 CHOICE OF LAW AND FORUM PROVISION:

The laws of the Commonwealth shall govern all questions as to the execution, validity, interpretation and performance of this contract. Furthermore, the parties hereto agree that any legal action that is brought on the basis of this contract shall be filed in the Franklin County Circuit Court of the Commonwealth of Kentucky. However, see section 010.215 for exception regarding United States.

010.065 SOLE BENEFIT:

This Contract is intended for the sole benefit of the First Party, the Second Party, and, if implementing a federal grant program element, the United States Government and is not intended to create any other beneficiaries.

010.070 SUCCESSORS AND ASSIGNS:

This Contract may not be assigned by a party without the express written consent of the other party. All covenants made under this Contract shall bind and inure to the benefit

Document Description Page 10 of any successors and assigns of the parties whether or not expressly assumed or acknowledged by such successors or assigns.

010.075 ENTIRE CONTRACT:

This Contract forms the entire contract between the parties as to scope and subject matter of this Contract. All prior discussions and understandings concerning the scope and subject matter are superseded and incorporated by this Contract

010.080 SEVERABILITY:

If any provision of this Contract is held judicially invalid, the remainder of the Contract shall continue in force and effect to the extent not inconsistent with such holding.

010.085 WAIVER OF BREACH:

(a) If a party waives enforcement of any provision of this Contract upon any event of breach by the other party, the waiver shall not automatically extend to any other or future events of breach.

(b) Breach or violation of Terms and Conditions shall be cause for termination of contract.

010.090 DATA COLLECTION/ANALYSIS LIMITATIONS:

No data collected and provided by the First Party shall be used for any other purpose other than those expressly authorized in this Contract.

010.095 DEBARMENT AND SUSPENSION:

(a) The Second Party shall not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, “Debarment and Suspension”.

(b) The Final Rule, Government-Wide Debarment and Suspension (Non-procurement), issued by the United States Office of Management and Budget is incorporated by reference and the Second Party covenants and agrees to comply with all the provision thereof, including any amendments to the Final Rule that may hereafter be issued.

010.100 CHANGE OF CIRCUMSTANCES:

Each party shall promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect the party’s ability to carry out any of its obligations under this Contract.

010.105 PROPERTY:

Property purchased by the First Party for the purposes of fulfilling the requirements of the scope of services for this contract, and which may include, but not be limited to, furniture, computer software, computer hardware, office equipment, and supplies are considered the property of the First Party and shall remain the property of the First Party.

Document Description Page 11

010.115 TRAVEL:

The contractor shall be paid no travel expense unless and except as specifically authorized under the specifications of this contract. Unless otherwise indicated, travel reimbursement shall be in accordance with 200 KAR 2:006. No travel time nor travel expenses will be included in the Second Party’s or any subcontractor’s hourly rates.

010.120 SOCIAL SECURITY:

The Second Party and all other parties so contracted for services under the scope of service of this contract agree that they are cognizant that the First Party is not liable for Social Security contributions pursuant to 42 U.S Code, Section 418, relative to the compensation of the Second Party during the effective dates of this contract.

010.130 CONFLICT OF INTEREST LAWS AND PRINCIPLES:

The contractor certifies that he is legally entitled to enter into this contract with the Commonwealth of Kentucky, and by holding and performing the terms and conditions of this contract will not violate either any conflict of interest statute, KRS 45A.330-45A.340, 45A.990, KRS 164.390, or KRS 11A.040 of the Executive Branch code of ethics, relating to the employment of former public servants.

010.145 VIOLATION OF TAX AND EMPLOYMENT LAWS:

(a) KRS 45A.485 requires the contractor to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively.

(b)To comply with the provisions of KRS 45A.485, the contractor shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination.

(c)KRS 45A.485 also provides that, for the duration of any contract, the contractor shall be in continuous compliance with the provisions of those statutes which apply to the contractor’s operations, and that the contractor’s failure to reveal a final determination as described above or failure to comply with the above statutes for the duration of the contract, shall be grounds for the Commonwealth’s cancellation of the contract and the contractor’s disqualification from eligibility for future state contracts for a period of two (2) years.

(d)The attached Affidavit for Bidders, Offerors and contractors is hereby incorporated by reference the same as if written in full figures and numbers herein.

010.150 NOTICES:

Document Description Page 12

Any notice, transmittal, approval, or other official communication made under this Contract shall be in writing and shall be delivered by hand, facsimile transmission, or by mail to the other party.

010.155 DISCRIMINATION:

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

(d) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor

Document Description Page 13 for purposes of investigation to ascertain compliance with such rules, regulations and orders.

(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

(g) The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

(i) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

(ii) Executive Order 11246 and Department of Labor regulations issued thereunder (41 CFR Part 60);

(iii) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

(iv) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).

010.160 LOBBYING:

(a) The Second Parties agree that they will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative contract; and, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative contract.

(b) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

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010.165 DRUG-FREE WORK PLACE:

(a) The Second Party agrees that it will comply with the provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.)

and maintain a drug-free workplace.

(b) The Final Rule, Government-Wide Requirements for Drug-Free Workplace (Grants), issued by the United States Office of Management and Budget is incorporated by reference and the Second Party covenants and agrees to comply with all the provision thereof, including any amendments to the Final Rule that may hereafter be issued.

010.170 ENVIRONMENTAL STANDARDS:

(a) The Second Parties agree that their performance under this contract shall comply with:

the requirements of Section 114 of the Clean Air Act (42 U.S.C. 7401-7671q) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), that relate generally to inspection, monitoring, entry reports and information, and with all regulations and guidelines issued thereunder; the Resources Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA); the National Environmental Policy Act (NEPA); and any applicable Federal, State, or Local environmental regulation.

(b) The Second Parties shall insure that no facility used in their performance under this contract is listed on the Environmental Protection Agency (EPA) list of violating facilities pursuant to 40 CFR Part 15 without the concurrence of the First Party. The Second Parties shall notify the First Party of the receipt of any communication from EPA indicating that a facility to be or being used in its performance under this Contract is under consideration for listing on the EPA list of violating facilities.

010.150 PREFERENCE FOR U.S. FLAG CARRIERS:

The Second Party agrees to comply with 46 U.S.C. 1241(b) and regulations issued thereunder (46 CFR Part 381) concerning the use of privately-owned United States flag commercial vessels.

010.175 PREFERENCE FOR U.S. FLAG CARRIERS:

The Second Party agrees to comply with 46 U.S.C. 1241(b) and regulations issued thereunder (46 CFR Part 381) concerning the use of privately-owned United States flag commercial vessels.

010.180 DEBARMENT AND SUSPENSION:

(a) The Second Party shall not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”.

(b) The Final Rule, Government-Wide Debarment and Suspension (Non-procurement), issued by the United States Office of Management and Budget is incorporated by reference and the Second Party covenants and agrees to comply with all the provision thereof, including any amendments to the Final Rule that may hereafter be issued.

010.185 HATCH ACT:

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The Second Party agrees to comply with the Hatch Act (5 U.S.C. 1501 –1508 and 7324

– 7328), as implemented by the United States Office of Personnel Management at 5 CFR Part 151, which limits political activity of employees or officer of State or local governments whose employment is connected to an activity financed in whole or part with Federal funds.

010.190 BUY AMERICAN ACT:

The Second Party agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic construction materials. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community on Government Procurement, and the North American Free Trade Contract (NAFTA), provide the EC and NAFTA end products and construction materials are exempted from application of The Buy American Act.

010.195 COPELAND “ANTI-KICKBACK” ACT:

The Second Party agrees that it will comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in United States Department of Labor (29 CFR Part 3).

As applied to this contract, the Copeland “Anti-Kickback” Act makes it unlawful to induce, by force, intimidation, threat or procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, finance in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

010.200 PURCHASING AND SPECIFICATIONS:

The Second Party certifies that he will not attempt in any manner to influence any specifications to be restrictive in any way or respect nor will he attempt in any way to influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph, “He” is construed to mean “They” if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then “He” is construed to mean any person with an interest therein.

010.205 CONFIDENTIALITY:

The Second Party agrees that any employee or agent acting in its behalf will abide by the state and federal rules and regulations governing access to and use of information provided to the second party by the First Party in the administration of this contract.

010.210 AUDIT REQUIREMENTS AND REQUIRED MONITORING:

Subrecipient Audit Requirements

If the Second Party is a governmental entity, an institution of higher learning, or other nonprofit institution, the Second Party shall procure an audit in accordance with the 2 CFR 200, Subpart F-Audit Requirements. The Second Party must ensure that any such required annual audit is performed within nine (9) months of closing of the Second

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Party’s fiscal year. A copy of the annual audit must be provided to the First Party no later than 30 days after receipt of the final report therefore within (10) ten months of closing of the subrecipient’s fiscal year.

Subrecipient Monitoring

Required Risk Assessment

2 CFR §200.331(b) requires that the First Party evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring, which may include consideration of such factors as:

(a) The subrecipient's prior experience with the same or similar subawards;

(b) The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program;

(c) Whether the subrecipient has new personnel or new or substantially changed systems; and

(d) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency).

Monitoring of Subrecipient

2 CFR §200.331(d) requires that the First Party, as the pass through entity, monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved.

In accordance with 2 CFR §200.331(d) First Party monitoring of the subrecipient must include:

(a) Reviewing financial and performance reports required by the First Party.

(b) Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the First Party detected through audits, on-site reviews, and other means.

(c) Issuing a management decision for audit findings pertaining to the Federal award provided to the subrecipient from the First Party as required by 2 CFR §200.521 Management decision.

Monitoring Tools

Depending upon the First Party’s assessment of risk posed by the subrecipient (as described in Required Risk Assessment); monitoring tools may be utilized to ensure proper accountability and compliance with program requirements and achievement of performance goals. Monitoring tools include but are not limited to:

(a) Providing subrecipients with training and technical assistance on program-related matters; and

(b) Performing on-site reviews of the subrecipient's program operations;

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(c) Arranging for agreed-upon-procedures engagements as described in 2 CFR §200.425 Audit services.

Imposition Of Specific Subaward Conditions

2 CFR §200.331(c) requires that the First Party consider the imposition of specific subaward conditions upon a subrecipient as needed under the following circumstances stated in 2 CFR §200.207 (Specific Conditions):

(a) Based on criteria set forth in 2 CFR §200.205, Federal awarding agency review of risk posed by applicants;

(b) When an applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award;

(c) When an applicant or recipient fails to meet expected performance goals as described in 2 CFR §200.210 Information contained in a Federal award; or

(d) When an applicant or recipient is not otherwise responsible.

These additional Federal award conditions may include items such as the following:

(a) Requiring payments as reimbursements rather than advance payments;

(b) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;

(c) Requiring additional, more detailed financial reports;

(d) Requiring additional project monitoring;

(e) Requiring the non-Federal entity to obtain technical or management assistance; or

(f) Establishing additional prior approvals.

The First Party must notify the subrecipient as to:

(a) The nature of the additional requirements;

(b) The reason why the additional requirements are being imposed;

(c) The nature of the action needed to remove the additional requirement, if applicable;

(d) The time allowed for completing the actions if applicable, and

(e) The method for requesting reconsideration of the additional requirements imposed.

Any specific conditions shall be promptly removed once the conditions that prompted them have been corrected.

Remedies For Noncompliant Subrecipients

2 CFR §200.331(h) requires that the First Party consider taking enforcement action against subrecipients who fail to comply with Federal statutes, regulations or the terms and conditions of a Federal award when the First Party determines that noncompliance cannot be remedied by imposing additional conditions as described under Imposition of Specific Subaward Conditions. In accordance with §200.338 (Remedies for noncompliance) the First Party may take one or more of the following actions, as appropriate in the circumstances:

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(a) Temporarily withhold cash payments pending correction of the deficiency by the non- Federal entity or more severe enforcement action.

(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.

(c) Wholly or partly suspend or terminate the Federal award.

(d) Recommend to the Federal awarding agency to initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency.

(e) Withhold further Federal awards for the project or program.

(f) Take other remedies that may be legally available.

010.215 APPLICABLE LAW:

This Contract is incidental to the implementation of a federal grant program. Accordingly, this Contract shall be governed by and construed according to Federal law as it may affect the right, remedies, and obligations of the United States.

010.220 GOVERNING REGULATIONS:

To the extent not inconsistent with the express terms of this Contract, the provisions of 49 CFR 18, Uniform Administrative Requirements for Grants and Cooperative Contracts and 2 CFR 200, Subpart E, Cost Principles, which are hereby incorporated by reference as if fully set forth herein, shall govern this Contract.

010.225 PROCUREMENT:

The acquisition of goods and services by the Contractor in performance of this Contract shall be according to applicable Commonwealth of Kentucky contracting procedures, the standards and procedures contained in applicable federal regulations (44 CFR, 49 CFR, 32 CFR, others).

010.230 ENVIRONMENTAL REQUIREMENTS:

The contractor is encouraged to integrate National Environmental Policy Act compliance and related legislation as implemented under 49 CFR in the execution and administration of this contract.

010.235 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES:

The contractor agrees that it will comply with CFR 49 part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C Section 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs.

010.240 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT:

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Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S. C. 3701 - 3708) as supplemented by Department of Labor Regulation.

010.245 COST PRINCIPLES:

Allowability of costs for reimbursement will be determined as outlined in 2 CFR 200 Subpart E-Cost Principles.

010.246 DAVIS-BACON ACT:

As amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

010.250 Authorized to do Business in Kentucky:

The contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded.

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.

010.255 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

Document Description Page 20 http://www.lrc.ky.gov/KRS/014A09/010.PDF 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 .

010.256 PROCUREMENT OF RECOVERED MATERIALS:

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;

and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

010.260 ACCESS TO RECORDS:

(a) 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(8) and (10), agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

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

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2000000085 Fuel card reader system and installation 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 https://secure.kentucky.gov/sos/ftbr/welcome.aspx https://secure.kentucky.gov/sos/ftbr/welcome.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.

(b) The subrecipient, as defined by 2 CFR §200.93, is required to permit the First Party and auditors to have access to its records and financial statements as necessary for the First Party to meet the requirements of 2 CFR §200.331 (a)(5) and the appropriate terms and conditions concerning closeout of the subaward.

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