Final_RFQ_670_2400000012_1_SO_FORM.PDF

Document ID: RFQ 670 2400000012 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Bed Bug Treatment - Western Region - Dept. of Parks

Date Issued:

08/11/2023 Record Date:

08/11/2023

Solicitation Closes Date:

08/23/2023 Time:

10:00

Solicitation No:

RFQ 670 2400000012

Online Bidding Prohibited: Yes For Information Call:

Jamie Bailey 502-892-3295

Bid Receiving Location:

Department of Parks, Purchasing Division

500 Mero Street, 5th Floor

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 670 2400000012 Page: 2

Line Items

Commodity Group: Default

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

1 1 Bedroom Cottage - HEAT & CHEMICAL

TREATMENT

2.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

98872 Pest Control (Other Than Buildings) (Includes Spraying of Tr

Extended Description

SEE ATTACHMENTS FOR DETAILED REQUIREMENTS

Western Region Parks:

Kentucky Dam Village State Resort Park

Lake Barkley State Resort Park

Rough River Dam State Resort Park

Pennyrile Forest State Resort Park

Kenlake State Resort Park

John James Audubon State Park

QUANTITIES FOR EACH COMMODITY LINE ARE ESTIMATES ONLY AND NOT GUARANTEED

2 1 Bedroom Cottage - HEAT TREATMENT

ONLY

1 Bedroom Cottage - HEAT TREATMENT ONLY

Document ID: RFQ 670 2400000012 Page: 3

3 2 Bedroom Cottage - HEAT & CHEMICAL

TREATMENT

2 Bedroom Cottage - HEAT & CHEMICAL TREATMENT

4 2 Bedroom Cottage - HEAT TREATMENT

2 Bedroom Cottage - HEAT TREATMENT ONLY

5 3 Bedroom Cottage - HEAT TREATMENT

3 Bedroom Cottage - HEAT TREATMENT ONLY

6 Chemical Treatment Only 2 Room Minimum 5.00000 EA

Chemical Treatment Only 2 Room Minimum

Document ID: RFQ 670 2400000012 Page: 4

7 Chemical Treatment with Heat Treatment Per Room

5.00000 EA

Chemical Treatment with Heat Treatment Per Room

8 Lodge Room - CHEMICAL TREATMENT

10.00000 EA

Lodge Room - CHEMICAL TREATMENT ONLY

9 Lodge Room - HEAT & CHEMICAL 3.00000 EA

Lodge Room - HEAT & CHEMICAL

10 Lodge Room - HEAT TREATMENT ONLY 10.00000 EA

Lodge Room - HEAT TREATMENT ONLY

Shipping Information Various Shipping

Billing Information Various Billing

Document ID: RFQ 670 2400000012 Page: 5

See Extended Description

Various KY

See Extended Description

Various KY

Document ID: RFQ 670 2400000012 Page: 6

Submission Checklist

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

Item

QUOTE SUBMISSION CHECKLIST

The vendor MUST include the following with the quote submission.

If the items highlighted below are not submitted with the quote submission, the Commonwealth MUST deem the quote non-responsive and

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____FACE OF REQUEST FOR QUOTE – SIGNED

_____QUOTE INFORMATION – COMPLETED (see Page 2 Extended Description)

_____ METHOD OF AWARD – BEST VALUE – RANKING APPROACH (see page 14)

_____REQUIRED AFFIDAVIT (see Page 29)

_____CERTIFICATE OF INSURANCE

Document Description Page 7

2400000012 Bed Bug Treatment - Western Region - Dept. of Parks

Request for Quote (RFQ) For

BED BUG TREATMENT

WESTERN REGION

Issued by

Kentucky Department of Parks

Department of Parks Buyer:

Jamie Bailey

KENTUCKY DEPARTMENT OF PARKS

Division of Purchasing

500 Mero Street, 5th Floor

FRANKFORT KY 40601

(502) 892-3295 Fax: (502) 276-0748

Jamie.Bailey@ky.gov

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Quote (RFQ).

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 quote to be deemed non-responsive.

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

This Contract shall be awarded as Group All. Vendors shall quote all line items, otherwise quote shall be deemed non-responsive.

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 http://eprocurement.ky.gov and https://vss.ky.gov respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Request for Quote

Terms and Conditions

Section 1

Document Description Page 8

2400000012 Bed Bug Treatment - Western Region - Dept. of Parks http://eprocurement.ky.gov https://vss.ky.gov

Scope of Contract The Kentucky Department of Parks, Division of Purchases issues this request for quote to establish an Award Contract for: Bed Bug Treatment for Western Region Parks.

The Kentucky Department of Parks is seeking quotes from qualified, licensed and insured entities to provide the following detailed services to the resort parks grouped into the Western Kentucky Region.

Western Region:

Kentucky Dam Village State Resort Park Lake Barkley State Resort Park Rough River Dam State Resort Park Pennyrile Forest State Resort Park Kenlake State Resort Park John James Audubon State Park

The successful bidder shall furnish all labor, material, equipment and supervision to perform a program of the elimination of bed bugs at the Kentucky Department of Parks within the requirements of the EPA and Kentucky DOA.

Currently, these Parks have 329 lodge rooms, 46 one-bedroom cottages, 82 two-bedroom cottages and 23 three-bedroom cottages.

Maximum square footage of cottages 1 bedroom cottage – 329 – 868 sq. ft.

2 bedroom cottage – 568 – 1,562 sq. ft.

3 bedroom cottage – 640 – 1,176 sq. ft.

Accommodation(s) shall be heat treated to a core temperature of 125 for a minimum of

3.5 hours to effectively kill any live bed bugs or larvae. Chemical treatment is typically only effective if the bed bug or larvae is treated directly with contact from the chemical. Heat treatment is known to be able to treat all areas of a normal sized accommodation that we have. The specification for chemical treatment of adjacent rooms contained in the RFB is a safeguard to ensure that all activity is eliminated in the event that the bed bugs start to move during the heat treatment. Vendor should ensure adequate air distribution to all parts of the accommodation to reach the core temperature.

Lodge rooms that are adjacent to an affected room and either above or below the affected room shall be chemically treated. This treatment should consist of applying a chemical such as Transport, Temprid or another chemical as approved equal by the Department of Parks. This chemical treatment shall be one that is recognized by pest management standards in bed bug control.

All furnishings shall be left in the accommodation unless notification is given by the park manager or their designee.

Document Description Page 9

Successful bidder shall be capable of providing both heat treatment and chemical treatment.

Successful Bidder’s Responsibilities – it is the responsibility of the successful bidder to provide personnel:

# Who are qualified, who understand current practices in the field and have experience providing bed bug control services in a residential environment.

During the ensuing contract period, any substitutions, additions, or replacement of personnel from those cited in the contractor’s original proposal must be submitted to the Commonwealth of Kentucky for approval prior to their beginning services on-site.

# Who possess current certification as Commercial Pesticide Applicators in the category of residential and institutional IPM (Integrated Pest Management) services. Uncertified individuals working under the supervision of a certified applicator must obtain certification within thirty (30) days.

# Shall conduct themselves in a professional workmanlike manner with minimal noise and disruption.

# Apply curative treatments to all areas of the affected property that are prepared either by using pesticide or heat treatment. PERFORM FOLLOW-

UP INSPECTIONS AND SECOND TREATMENTS ONE WEEK AFTER

INITIAL TREATMENT UNLESS A SECOND TREATMENT IS DELAYED

BY PESTICIDE LABEL RESTRICTIONS OR OTHERWISE.

Inspection – bidder should state if they are able to provide bed bug detection canine service. If so, canines must be certified by the National Entomology Scent Detection Canine Association (NESDECA) to detect live bed bugs and viable eggs.

Hours of Operation – Except as otherwise listed within the ensuing contract, all work at properties under this contract should ideally be performed between the hours of 8:00am and 5:00pm, Monday through Friday and shall, to the greatest extent reasonably feasible, not interfere with daily Parks operations.

Equipment, Supplies; Materials – as part of the proposed fees, the successful bidder shall supply any and all such items needed to provide the services detailed above.

Safety – the successful bidder shall, at all time, ensure that all work provided complies with all local, state and federal rules pertaining to work place safety. Successful bidder shall conduct business in such a manner as to protect its workers, Department of Parks staff and guests.

Additional personal protective equipment required for safe performance of work must be determined and provided by the successful proposer. Protective clothing, equipment, and devices shall, at a minimum, conform to Occupational Safety and Health Administration

Document Description Page 10

(OSHA) standards for products being used. Vehicles used by the successful proposer must be licensed, insured, and identified in accordance with state and local regulations.

Follow-Up Inspections – if chemical treatment is performed vendor shall perform follow up inspections and second treatments one week after initial treatment unless a second treatment is delayed by pesticide label restrictions or otherwise.

Define follow-up inspections as an inspection to determine the success of the treatment and/or to identify the potential need for additional treatment to solve the problem.

Define the second treatment to be the application of additional pesticide for completion of treatment and shall be applied no later than 10 days after the initial treatment or as soon as label restrictions allow.

Warranty – in the event of a reoccurrence after 60 days of initial treatment successful bidder shall retreat area at no extra charge to the Department of Parks.

Section 2 Quote Specifications (Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement)

Section 3 Purpose The purpose of this request for quote is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This request for quote specifies requested items. It is not the intention of this request for quote to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies. The Commonwealth reserves the right to consider quotes non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this request for quote shall be for the initial period of one

(1) year from the date of award.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for one (1) additional year period. This extension must have the written approval by all parties.

If the contract resulting from this request for quote provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/

Document Description Page 11 or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the request for quote other than in the designated fields for response shall render the response invalid and result in a non-responsive quote. 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 quote and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this request for quote are meant to establish a minimum standard of quality only. Bidders may quote 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.

Quotes offering “equal” products/specifications will be considered for award if such products are clearly identified in the quote and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Request for Quote. Quotes 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 quotes so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive quote. 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 request for quote.

Section 9.

FOB DESTINATION

Freight terms offered shall be "f.o.b. destination" to the ordering agency’s designated receiving location, all freight prepaid, unless otherwise specified in this request for quote.

Section 10 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 https://apps.legislature.ky.gov/law/kar/200/005/330.pdf

Document Description Page 12

Section 11 Signing Request for Quote The vendor should complete the "Vendor" box on the face of the request for quote.

An authorized representative of the vendor shall sign where indicated on the face of the request for quote. If the request for quote is not signed the proposal shall be deemed non-responsive.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this request for quote. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the request for quote as indicated above constitutes the vendor’s acknowledgement of and agreement to be bound by the terms of all addenda issued.

Failure to specifically acknowledge addenda will not excuse the vendor from adhering to all changes to the requirements of the request for quote set forth therein nor provide justification for any pricing changes.

Section 12 Agencies to be Served:

This contract shall be for use by the following agency of the Commonwealth of Kentucky:

Kentucky Department of Parks Western Region Parks

Section 13 Request for quote Submission Requirements Vendors shall submit one (1) signed original of the request for quote response under sealed cover, which shall be received no later than the date and time indicated on the face of this request for quote. 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.

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam- Webster Dictionary, http://www.merriam-webster.com/dictionary/ seal)

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

Document Description Page 13

Quote Responses shall be addressed and submitted to:

COMMONWEALTH OF KENTUCKY

DEPARTMENT OF PARK

Attn: Jamie Bailey Division of Purchasing

500 Mero Street, 5th Floor

FRANKFORT KY 40601

The outside cover of the package containing the Quote Response, at a minimum, shall be marked with:

NAME OF REQUEST FOR QUOTE

REQUEST FOR QUOTE NUMBER

NAME OF VENDOR SUBMITTING RESPONSE

DATE AND TIME OF QUOTE OPENING

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

Section 14 Method of Award Best Value – Ranking Approach The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the request for quote, is the most advantageous on the basis of "best value" for all products, services, and requirements contained herein.

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

Measurable Criteria:

Price 90 Points

Response Time 10 Points Experience PASS/FAIL

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

Document Description Page 14

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

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

PRICE (90 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 100 points is allocated to the lowest Price criteria for this procurement, bidder “A” quotes $3.00 as the lowest bidder and receives the maximum 100 points ($3.00 / $3.00 = 1.00 x 90 = 90). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 71.3 points ($3.00 / $4.00) = .75 x 90 = 68).

RESPONSE TIME (10 points) Response time is the time from receipt of a request for service from the Parks Dept.

to arrival on site to provide service. 72 HOURS OR LESS IS ACCEPTABLE. The best response time offer in a specific region will receive the maximum possible of 10 points.

The next best response time offer will be scored by dividing the best offer by the next best and multiplying the possible points by the resulting factor. For example, if the best response time is 5 days, that bidder receives 10 points. If the next best offer is 10 days, that bidder receives 5 points. (5/10 = .50 X 10 = 5 points)

PLEASE ENTER YOUR RESPONSE TIME(S) IN HOURS BELOW.

Response Time__________________________________

The vendor agrees that when delivery is not made within the contracted due date, one percent (1%) per day shall be deducted from the vendor’s invoice for each day the vendor fails to meet the contracted delivery date.

Document Description Page 15

PASS/FAIL Minimum Experience, Five years required.

Qualified bidders will have a minimum of five years’ experience providing professionally qualified extermination and pest control services of a substantially similar nature and scope. Please enter your actual years of experience in the space provided below

EXPERIENCE, YEARS________________________________________

The Commonwealth reserves the right to require satisfactory documentation of any claim of experience.

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 16

(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 request for quote or advertisement for bids.

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

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

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

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

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a request for quote. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a request for quote: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the request for quote a notarized annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit

Document Description Page 17 form is not required if a valid, annual affidavit is already on file with the Commonwealth.

If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

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 request for quote.

Section 16 Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this request for quote shall remain firm for the contract period subject to the following:

A: Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification.

If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B: Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

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

Document Description Page 18

Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this request for quote 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 request for quote that contains information, options, conditions, terms, or prices neither requested nor required in the request for quote. 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 supersedes 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 request for quote 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 Quantity Basis of Contract – Estimated Quantities Any and all quantities mentioned in this request for quote 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 20 Cancellation Clause – 30 Days Notice The Commonwealth may cancel the contract established from this request for quote 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 Office of Procurement Services canceling the contract.

Section 21 Service Performance All services performed under this contract, if applicable, 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 its subcontractors

Document Description Page 19 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 Office of Procurement Services. 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.

Document Description Page 20

Section 22 Addition or Deletion of Items or Services The Department of Parks reserves the right to add new and similar locations, with the consent of the vendor, to any contract awarded from this request for quote. The Department of Park Purchasing Office to effect this change will issue a contract Modification.

Section 23 Agreement between Parties By submitting a quote, the bidder acknowledges and agrees to be bound by the terms and conditions of the request for quote.

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 request for quote. 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 request for quote, will not be accepted. The only terms and conditions acceptable to the Commonwealth of Kentucky are as outlined in the request for quote. Quotes not conforming will be considered as non-responsive.

Section 24 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 Office of Procurement Services 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 25 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 26 Inspection

Document Description Page 21

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 27 Inquiries All questions shall be submitted in writing four (4) days prior to quote closing to Commonwealth buyer listed below. No questions shall be accepted after the date(s) listed unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the request for quote. The addendum shall be posted to the Kentucky Vendor Self Service site.

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:

Commonwealth Buyer Jamie Bailey

COMMONWEALTH OF KENTUCKY

DEPARTMENT OF PARKS

Purchasing Division

500 Mero Street, 5th Floor

FRANKFORT KY 40601

(502) 892-3295 Fax: (502) 276-0748 Jamie.Bailey@ky.gov

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

# The Commonwealth Buyer cited in this request for quote # Via written questions submitted to the Commonwealth Buyer

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.

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For violation of this provision, the Commonwealth shall reserve the right to disqualify the quote.

Section 28 Federal Tax Exempt Purchases by the Commonwealth of Kentucky Contracts Direct With Manufacturer: In the event a manufacturer quotes 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 Office of Procurement Services.

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

Section 29 EEO Requirements 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.

https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Section 30 Governing Law This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

Section 31 Protest Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

Holly M. Johnson, Secretary

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2400000012 Bed Bug Treatment - Western Region - Dept. of Parks https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

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 32 Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at this web-link as Attachment 5:

https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes:

“Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS

139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”

Section 37 Access to Records The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. 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).

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2400000012 Bed Bug Treatment - Western Region - Dept. of Parks

Section 38 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. Therefore, foreign entities should submit a copy of their certificate with their request for quote 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.

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

Section 39 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 40 Funding Limitations If any or all responses received exceed the amount of funding available, then the Department of Park, Division of Purchasing, reserves the right to cancel this RFQ.

Section 41 Provisions for Termination of the Contract Any contract resulting from this request for quote shall be subject to the termination provisions set forth in 200 KAR 5:312.

Section 42 Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is

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2400000012 Bed Bug Treatment - Western Region - Dept. of Parks http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/010.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 required to complete and submit Report of Prior Violations of Tax and Employment Laws.

Section 43 Discrimination (Effective April 8, 2015) 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:

1. 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.

2. 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.

3. 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

Document Description Page 26 administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. 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.

5. 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 for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. 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.

7. 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.

Section 44

ALL PROVISIONS OF THIS REQUEST FOR QUOTE AND THE PROVISIONS OF

FAP-110-10-00 SHALL BE PART OF ANY RESULTING AWARD CONTRACT.

Section 45 Attachments indicated may be downloaded by accessing the “Attachment” link found on the Request for quote Details View page where this RFQ was downloaded. Once the Attachment link is accessed, select the file name you wish to download, and select the “Download Attachment” hyperlink. For assistance with downloading these attachments please contact the Commonwealth Buyer.

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

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

KRS Chapter 136 (CORPORATION AND UTILITY TAXES) KRS Chapter 139 (SALES AND USE TAXES) KRS Chapter 141 (INCOME TAXES) KRS Chapter 337 (WAGES AND HOURS) KRS…