Final_RFQ_540_1900000102_1_SO_FORM.PDF

Document ID: RFQ 540 1900000102 Page: 1 of 3

Commonwealth of Kentucky

SOLICITATION

Addenda: No Addenda #:

TITLE: KY Dept. of Education & KY Board of Education Closed Caption

Date Issued:

4/2/19 Record Date:

2019-04-02

Solicitation Closes Date:

4/12/19 Time:

14:30

Solicitation No:

RFQ 540 1900000102

Online Bidding Prohibited: Yes

For Information Call:

Tonya Hartley 502-564-2351

Bid Receiving Location:

KDE - Division of Financial Managment Tonya Hartley 300 Sower Blvd, 5th Floor, CSW

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 540 1900000102 Page: 2 of 3

Line Items

Commodity Group: Default

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

1 Closed Captioning Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

91525 Captioned Services for the Hearing Impaired (See 915-85 for

Extended Description The KY Department of Education (KDE) is seeking a vendor to provide Closed Captioning Services for the Kentucky Department of Education and the KY Board of Education (KBE) meetings.

See terms and conditions below.

KY Department of Education Closed Captioning Price Sheet must be competed and returned with solicitation response.

Shipping Information KDE - Division of Financial Managment

300 Sower Blvd, 5th Floor, CSW

Frankfort KY 40601

Billing Information KDE - Division of Financial Managment

300 Sower Blvd, 5th Floor, CSW

Frankfort KY 40601

Document ID: RFQ 540 1900000102 Page: 3 of 3

Submission Checklist

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

Item Cost; 95 Points Experience; 5 points

Kentucky Department of Education 300 Sower Boulevard Frankfort, KY 40601

Information Solicitation for Non-Professional Services

Please note: The Finance and Administration Cabinet Policy Procedure FAP 110-10-00: General Conditions and Instructions for Solicitations and Contracts is hereby incorporated by reference into this solicitation.

The Web site for entire Policies and Procedure manual: http://finance.ky.gov/services/policies/Pages/ default.aspx

Solicitation Instructions Due Date for Response 2:30 PM EST April 10, 2019

Request for Quotation must be returned to the following Tonya S. Hartley, KCPS KY Department of Education Division of Budgets & Financial Management Procurement Branch

300 Sower Boulevard 5th Floor, CSW Frankfort, KY 40601 tonya.hartley@education.ky.gov

Electronic or Facsimile Proposals Shall Not Be Considered

Questions Regarding this RFQ Questions must be submitted in writing to the Agency Contact. The Commonwealth will respond to salient questions in wrtiing by issusing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s eProcurement site.

Terms and Conditions

LOCATION OF SERVICE

KY Department of Education, 300 Sower Boulevard, Frankfort, KY 40601

PERIOD OF SERVICE: from May 1, 2019 to April 30, 2020. This contract may be extended at the completion of the initial contract period for 1 additional one-year period. (If this is a one-time service substitute this: One time service. Required/ requested service date: Day, Month, Year)

SERVICES PROVIDED BY VENDOR

The KY Department of Education (KDE) is seeking a vendor to provide Closed Captioning Services for the Kentucky Department of Education and the KY Board of Education (KBE) meetings.

Background All KDE and KBE meetings are streamed live through YouTube & Skype for Broadcast. KDE operates a video switcher & live streaming encoder to provide the video & audio feed to YouTube to facilitate webcast & video services. Webcasts & streaming services use a Newtek TriCaster. Closed Captioning services need to be provided for meetings originating in either of the studio or on-location.

KY Board of Education Meetings - Real-time closed captioning of all meetings of the KBE shall be required. KBE conducts 6 meetings throughout the year, where 4 meetings are typically onsite at KDE located in Frankfort, KY & two (2) meetings at a remote location within the Commonwealth of KY. The length of each meeting varies but generally will last eight (8) hours (8:00am – 4:00pm)

Document Description Page 3

1900000102 KY Dept. of Education & KY Board of Education Closed Caption of 9 http://finance.ky.gov/services/policies/Pages/default.aspx http://finance.ky.gov/services/policies/Pages/default.aspx mailto:tonya.hartley@education.ky.gov each for a total of forty-eight (48) hours per year. KBE may call some special meetings throughout the year.

KY Department of Education Meetings – Real-time or off-line closed captioning may be requested for KDE meetings. Meetings may include monthly reoccurring district & public meetings of technology, administrative or educational program nature. KDE utilizes VoIP telephony technology on premise at the Sower Boulevard location but some public school districts may not.

In addition to the KBE meetings, the department may be requested to caption several types of KDE meetings. These could vary from single-topic pre-recorded sessions to interactive sessions using poll questions & social Q & A to larger group meetings. The smaller sessions & pre-recorded segments would be recorded from the control room, but many of the larger group sessions or public sessions will include multiple presenters, possible interactive questions, & held on-location.

Requirements

The qualified vendor shall be available to provide closed captioning services to onsite meetings at locations within the Commonwealth of KY.

KBE meetings shall require the vendor to be onsite to provide real-time closed captioning services.

KDE meetings may allow for either onsite or remote closed captioning services.

Qualified vendors include vendors who can meet the listed requirements. Companies from everywhere can apply. The two major considerations are:

The vendor must be available onsite where onsite attendance is required. These onsite meetings will be in the Commonwealth of KY, with the United States. The Commonwealth shall bear no cost for the time & travel of the vendor for attendance at any meeting.

The vendor should have a strong & consistent phone line with no chance of interruptions or dropped calls.

Any long distance and/or international phone costs would be the Vendor's responsibility

Vendor shall produce closed captioning output in American English.

The vendor should ensure adequate working equipment & staff are in place for real-time captioning of meetings per schedule provided at the start of the contract timeframe. With advance notice some KBE & KDE special meetings may occur. KDE and KBE will make its best effort to provide as much notification as possible of these special meetings.

All captioning must conform to the following standards set forth by the FCC:

Accuracy; captioning must match spoken words, with proper spelling, punctuation, tense etc.; it must also provide non-verbal information that is not observable visually, such as identity of speakers, existence of music, sound effects, audience reaction, to the greatest extent possible; it must also be legible, with appropriate spacing between words for readability

Synchronicity; captioning must coincide with corresponding spoken words & sounds to greatest extent possible, & must begin to appear at the time of the corresponding speech or sounds & end approximately when the speech or sounds end; they must be displayed on the screen at a speed that permits them to be read by viewers.

Completeness; captioning must run from the beginning to the end of the program, to the fullest extent possible.

Placement; captioning must be viewable but not block other important visual content including character faces & featured text; it must also be sized appropriately for legibility, lines must not overlap each other or run off the edge of the screen.

Off-line & real-time closed captioning must return a reviewed caption file. The reviewed caption file should be returned in a transcript style or caption format such as a SubRip Subtitle File “.srt” that may be uploaded to social media sites like YouTube and Facebook to provide the closed captions to the video.

Document Description Page 4

1900000102 KY Dept. of Education & KY Board of Education Closed Caption of 9

The vendor should provide closed captioning transcripts to KDE for real-time and/or off-line captioning.

Transcript should be a Microsoft compatible file delivered to the customer via email.

The vendor shall provide transcripts & closed captioning for audio/video with at least 98% accuracy & be able to immediately correct problems when notified. KDE may do spot audits to ensure compliance to accuracy.

If the vendor does not meet the accuracy requirement the vendor & KDE will meet to discuss performance corrections. After the third (3) performance review the contract may not be renewed.

The vendor should be available to provide consultation services regarding technical support of captioning services on an as needed basis and, participate in meetings related to the technical support of captioning services as requested throughout the contract term.

INVOICING INSTRUCTIONS

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

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.” Vendor/ Contractor/Proprietor with the ability to accept credit card transactions must accept the Commonwealth Procurement Card (MasterCard) for payment of services

TOTAL COST RESTRICTION

Cost of services shall not exceed $20,000 per fiscal year.

KENTUCKY SALES AND USE TAXES

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes. The agency shall furnish the tax exemption number for applicable tax exempt purchases.

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.

COMPLIANCE WITH STATE LAWS

Contracts and orders 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.

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.

TERMINATION OF CONTRACT

Either party may terminate this agreement at any time for just cause, or either party may cancel this agreement with thirty (30) days written notice.

METHOD OF AWARD

Award will be made to the lowest evaluated responsive, responsible best value offeror. The agency will issue a notification of award accepting the best value offer. Prompt Payment may be considered in award criteria. The scoring of bids/proposals is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. See below.

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1900000102 KY Dept. of Education & KY Board of Education

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.

VALIDITY OF OFFER

This offer is valid for sixty (60) days.

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 95 Points Experience 5 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.

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

Vendors responding with the minimum Best Value requirements in this 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; maximum 95 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, if 95 points is allocated to the lowest Price criteria for this procurement, bidder "A" bids $3.00 as the lowest bidder and receives the maximum 95 points ($3.00 / $3.00 = 1.00 x 95 = 95). Assume bidder "B" is the next lowest bidder at $4.00, then "B" receives 71.3 points ($3.00 / $4.00) = .75 x 95 = 71.25).

Offeror shall only provide cost on the attached Cost Proposal Form; otherwise the proposal may be deemed non-responsive.

NUMBER OF YEARS OF EXPERIENCE; maximum 5 points

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1900000102 KY Dept. of Education & KY Board of Education

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

For example, if the vendor with the most experience has 9 years’ experience, that bidder receives maximum points. If the Vendor B has 7 years’ experience, that bidder receives 78 points. (7/9 = .7777 X 100 = 77.77 = 78 points, etc.)

Vendor should enter total years’ experience: ________

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

The Commonwealth reserves the right to negotiate all aspects of the solicitation with the evaluated best value vendor.

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

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

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

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

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

KRS 45A.492 Legislative declarations.

The General Assembly declares:

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

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

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

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

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

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

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

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

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

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

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

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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 identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

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

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a 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.

Successful bidder shall submit an Annual Affidavit for Bidders, Offerors and Contractors prior to issuing an award.

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1900000102 KY Dept. of Education & KY Board of Education