Final_RFQ_670_2400000031_1_SO_FORM.PDF

Document ID: RFQ 670 2400000031 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Lifeguard Swimear/Uniforms - Various Parks

Date Issued:

02/14/2024 Record Date:

02/08/2024

Solicitation Closes Date:

02/28/2024 Time:

14:00

Solicitation No:

RFQ 670 2400000031

Online Bidding Prohibited: Yes For Information Call:

Allison Warman 502-892-3367

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 2400000031 Page: 2

Line Items

Commodity Group: Default

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

1 Swimwear, Male Lifeguard Suit 1.00000 EA

Comm Code Comm Description Manufacturer Model # Manuf Part #

20079 Swimwear

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Swimwear, Male, Lifeguard Suit, Trunk, TYR Guard Challenger or approved equal, may be asked to submit sample.

Specifications: 100% Sanded Polyester, 9.5" inseam, 21" outseam, lifeguard logo, elastic waistband, drawstring closure, side velcro pocket, built in liner.

Color: Red

Delivery: Month of May

Sixes: Small - XLarge

Sizes: XXLarge and Up

2 Swimwear, Female Lifeguard Suit 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Swimwear, Female, Lifeguard Suit, Waterpro Lifeguard Wide Strap One Piece Swimsuit or approved equal, may be asked to submit sample.

Specifications: Medium neckline, moderate cut leg, reliable coverage, built in UPF 50+ capabilities, 88% Polyester/12% Spandex, manufacturer's lifeguard logo imprint.

Color: Red and/or Navy

Delivery: Month of May

Sizes: Small - XLarge

Sizes: XXLarge and Up

Document ID: RFQ 670 2400000031 Page: 3

3 Lifeguard Package 50.00000 EA

Extended Description Specifications: One lifeguard baseball cap (item #5), two lifeguard t-shirts (item #6), one lanyard (item #7), one whistle (item #8).

Minimum: 50 packs

Delivery: Month of May

4 Swimwear, Female Board Shorts 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Swimwear, Female board shorts or approved equal.

Specifications: 100% polyester, manufacturer's lifeguard logo, elastic waistband with internal drawstring waist, side pocket, 3" inseam.

Color: Red

5 Headwear, Male/Female Baseball Cap 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Headwear, Male/Female, Baseball Cap, RISE guard cap or approved equal.

Specifications: 100: cotton, low-profile, adjustable or one size fits most, manufacturer's lifeguard logo imprint.

Color: To be determined upon awarding of bid.

Document ID: RFQ 670 2400000031 Page: 4

6 Lifeguard T-Shirt 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Specifications: Short Sleeve, 100% cotton preshrunk Hanes Beefy T or approved equal.

Color: White

Three Sided Screen Printed - all artwork will be supplied upon awarding of bid.

Front - Up to 2-color design

Back - Up to 2-color design

Logos - "Kentucky State Parks" and "Team Kentucky" - 1 color design. Back of shirt evenly spaced under "LIFEGUARD"

Delivery: Month of May

Sizes: XXLarge and up

7 Lanyard 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Specifications: Red Standard

8 Whistle 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Document ID: RFQ 670 2400000031 Page: 5

Specifications: Fox 40 classic, pea less, intense high pitch "trill", unaffected by water

Color: Black

9 Adult/Infant Pocket Mask Kit 10.00000 EA

Adult/Infant Pocket Mask Kit

10 Hip Pack, Standard Guard 10.00000 EA

Hip Pack, Standard Guard

11 Pool/Beach Attendant T-Shirt 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Specifications: Short sleeve, 100% cotton preshrunk Hanes Beefy T or approved equal.

Color: White

Three-sided screen printed - all artwork will be supplied upon awarding of bid.

Front: Up to 2-color design

Back: Up to 2-color design

Logos: "KY State Parks" and "Team Kentucky" - 1 color design. Back of shirt evenly spaced under "ATTENDANT". Logos to be sent upon awarding of bid.

Document ID: RFQ 670 2400000031 Page: 6

12 Lifeguard Jacket 1.00000 EA

Extended Description *Minimum Quantity of 1 to allow for evaluation.

Specifications: 100% Nylon, quarter zip jacket.

Lifeguard Logo on front and back.

Delivery: Month of May

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Parks - Purchasing Division

500 Mero Street, 5th Floor

Frankfort KY 40601

Document ID: RFQ 670 2400000031 Page: 7

Submission Checklist

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

Item The face of the solicitation must be signed Required Affidavit(s)

Document Description Page 8

2400000031 Lifeguard Swimear/Uniforms - Various Parks

Affidavit Effective for One (1) Year from Date of Execution

Instructions: Pursuant to KRS 45A.110 and 45A.115, a bidder, offeror, or contractor (“Contractor”) is required to submit a Required Affidavit for Bidders, Offerors, and Contractors to be awarded a contract, or for the renewal of a contract. An authorized representative of the contracting party must complete the attestation below, have the attestation notarized, and return the completed affidavit to the Commonwealth.

Attestation

As a duly authorized representative for the Contractor, I swear and affirm under penalty of perjury, that that the Contractor has not knowingly violated campaign finance laws of the Commonwealth of Kentucky and that the award of a contract will not violate any provision of the campaign finance laws of the Commonwealth. For purposes of this attestation, "Knowingly" means that the bidder or offeror is aware or should have been aware of the existence of a violation. The bidder or offer understands that the Commonwealth retains the right to request an updated affidavit at any time.

Signature Printed Name Title Date

Bidder or Offeror

Name: __________________________________________________________

Address: __________________________________________________________

Commonwealth of Kentucky Vendor Code (If known): _______________

Subscribed and sworn to before me this _____ day of _______________, State of: ___________________ Notary: ___________________________________

County of: _________________ My Commission Expires: _____________________

Document Description Page 9

2400000031 Lifeguard Swimear/Uniforms - Various Parks https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22348 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22349

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 SOLICITATION – SIGNED

_____QUOTE INFORMATION – COMPLETED

_____REQUIRED AFFIDAVIT(S)

_____BEST VALUE

Document Description Page 10

Request for Quote (RFQ)

For Lifeguard Uniforms

Issued by

The Kentucky Department of Parks

Buyer:

Allison Warman

KENTUCKY DEPARTMENT OF PARKS

500 Mero Street, 5th Floor

FRANKFORT KY 40601

(502) 892-3367 Fax: (502) 276-0748 allison.warman@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 quoting 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 http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Solicitation

Terms and Conditions

Award Contract

Document Description Page 11 mailto:allison.warman@ky.gov http://eprocurement.ky.gov http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

Section 1 Scope of Contract The Department of Parks issues this solicitation to establish an Award Contract for:

Lifeguard Uniforms.

Section 2

- Swimwear, Male, Lifeguard Suit, Trunk, TYR Guard Challenger or approved equal, May be asked to submit sample.

Specifications: 100% Sanded Polyester, 9.5” inseam, 21” outseam, lifeguard logo, elastic waistband, drawstring closure, side Velcro pocket, built in liner.

Color: Red Delivery: Month of May Sizes: Small – XLarge, XXLarge and up

- Swimwear, Female, Lifeguard Suit, Waterpro Lifeguard Wide Strap One Piece Swimsuit or approved equal, May be asked to submit sample.

Specifications: Medium neckline, moderate cut leg, reliable coverage, built in UPF 50+ capabilities, 88% Polyester/12% Spandex, manufacturer’s lifeguard logo imprint.

Color: Red and/or Navy Delivery: Month of May Sizes: Small – Xlarge, XXLarge and up

- Lifeguard Package Specifications: One lifeguard baseball cap (item #5), Two lifeguard t-shirts (item #6), one lanyard (item #7), one whistle (item #8).

Delivery: Month of May

- Swimwear, RISE guard female board shorts or approved equal.

Specifications: 100% polyester, manufacturer’s lifeguard logo, elastic waistband with internal drawstring waist, side pocket, 3” inseam.

Color: Red Delivery: Month of May

- Headwear, Male and Female, Baseball Cap, RISE guard cap or approved equal.

Specifications: 100% cotton, low-profile, adjustable or one size fits most, manufacturer’s lifeguard logo imprint.

Color: To be determined upon awarding of bid.

Delivery: Month of May

- Lifeguard T-Shirt Specifications: Short Sleeve, 100% cotton preshrunk Haynes Beefy T or approved equal.

Color: White Three-sided screen printed – all artwork will be supplied upon awarding of bid.

Document Description Page 12

Front – Up to 2-color design Back – Up to 2-color design Logos – “KY State Parks” and “Team Kentucky” – 1 color design.

Back of shirt, evenly spaced under “LIFEGUARD”.

Delivery: Month of May Sizes: Small – Xlarge, XXLarge and up

- Lanyard Specifications: Red Standard

- Whistle

Specifications: Fox 40 classic, pea less, intense high pitch “trill”, unaffected by water.

Color: Black Delivery: Month of May

- Adult/Infant Pocket Mask Kit Specifications: Hard shell carrying case, one-way valve with filter, collapsible dome.

Minimum: 10 Delivery: Month of May

- Hip Pack, Standard Guard or approved equal Specifications: 4 zipper, 3 pocket, 1 ¼” nylon strap with ABS plastic clip, waterproof compartment, guard logo screened on front, drain holes in bottom, fully extended belt 48”.

Color: Red Minimum: 10 Packs Delivery: Month of May

- Pool/Beach Attendant Shirt Specifications: Short Sleeve, 100% cotton preshrunk Hanes Beefy T or approved equal.

Color: White Three-sided screen printed – all artwork will be supplied upon awarding of bid.

Front – Up to 2-color design Back – Up to 2-color design Logos – “KY State Parks” and “Team Kentucky” 1 color design. Back of shirt evenly spaced under “ATTENDANT”.

Delivery: Month of May Sizes: Small -XLarge, XXLarge and up

- Lifeguard Jacket Specifications: 100% heavy duty insulating nylon full zip jacket.

Lifeguard logo on front and back

Sizes: Small – XLarge, XXLarge and up

Document Description Page 13

Section 3 Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to the Department of Parks.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation 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 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive 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 6 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may 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 Solicitation. 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 solicitation.

Section 7

Document Description Page 14

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

Section 8 Signing Solicitation The vendor should complete the "Vendor" box on the face of the solicitation. An authorized representative of the vendor shall sign where indicated on the face of the solicitation. If the solicitation 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 solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the face of the solicitation 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 solicitation set forth therein nor provide justification for any pricing changes.

Section 9 Agencies to be Served This contract shall be for use by the Department of Parks.

Section 10 Solicitation Submission Requirements Vendors shall submit one (1) signed original of the solicitation response under sealed cover, which shall be received no later than the date and time indicated on the face of this solicitation. Any response received after this date and time shall be rejected and returned unopened to the bidder. Any response not under sealed cover shall be rejected.

*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 solicitation 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.

Quote Responses shall be addressed and submitted to:

Document Description Page 15 http://www.lrc.state.ky.us/kar/200/005/330.htm

ALLISON WARMAN

KENTUCKY DEPARTMENT OF PARKS

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:

LIFEGUARD UNIFORMS

RFQ 2400000030

NAME OF VENDOR SUBMITTING RESPONSE

DATE AND TIME OF OPENING

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

Section 11 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.

The buyer will evaluate the information provided by the vendor in response to the established measurable criteria contained in the solicitation.

Measurable Criteria:

Price 90 Points

Delivery 10 Points

TOTAL POINTS 100 Points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the Vendor. VENDOR SHALL ENTER UNIT PRICE AND TOTAL PRICE ON THE Quote 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.).

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 quotes offering more than one (1) quote price in total or by line item shall be rejected.

Document Description Page 16

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.

A. PRICE (90 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 90 points is allocated to the lowest Price criteria for this procurement, bidder “A” quotes $3.00 as the lowest bidder and receives the maximum 90 points ($3.00 / $3.00 = 1.00 x 90 = 90). Assume bidder “B” is the next lowest bidder at $4.00, then “B” receives 67.5 points ($3.00 / $4.00) = .75 x 90 = 67.50).

B. DELIVERY (10 points)

The bidder shall clearly state the delivery time for this procurement. Delivery time must be specific and such phrases as, “as required”, “as soon as possible”, or “prompt” have no meaning and may result in a non-responsive quote.

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.

Vendor should enter best delivery time in working days: __________DAYS ARO

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.

Document Description Page 17

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 quotes 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 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 quote.

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

Document Description Page 18

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 annual affidavit, which affirms that it meets the requirements to be considered a qualified bidder- annual affidavit form included. The annual affidavit form is not required if a valid, annual affidavit is already on file with the Commonwealth. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

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

Section 13 Vendor Terms and Conditions Solicitation or quotation forms that include terms and conditions not in conformity with the terms and conditions of this solicitation or the Statutes of the Commonwealth of Kentucky may be deemed non-responsive.

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

Section 14 Post Contract Agreements The resulting contract shall constitute the entire agreement between the State and awarded contractor. Unless contractually provided, State agencies utilizing this contract will not be required to enter into nor sign further agreements, leases, company orders or other documents to complete or initiate the terms of a contract resulting from this solicitation or offer. Any such documents so obtained

Document Description Page 19 will be non-binding on the State and agents of the State and will be cause for breach of contract.

Section 15 FOB Basis of Shipment – Vendor Responsible Quotations of unit prices on this solicitation shall be F.O.B. Destination Freight Prepaid and Allowed. The vendor shall be fully responsible for all shipments and freight charges involved to the ordering agency.

Section 16 Exception to Required Use of Contract The establishment of this Award Contract is not intended to preclude the use of similar products when requested by the agency. The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitation.

Section 17 Agreement between Parties By submitting a quote, the bidder acknowledges and agrees to be bound by the terms and conditions of the solicitation.

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

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

Section 18 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 19 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

Document Description Page 20 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 20 Inspection All supplies, equipment and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the Vendor’s expense.

Section 21 Inquiries All questions shall be submitted in writing to the 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 solicitation. 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:

Allison Warman

500 MERO STREET, 5TH FLOOR

FRANKFORT KY 40601

(502) 892-3367 Fax: (502) 276-0748 allison.warman@ky.gov

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

# The buyer cited in this solicitation; or # 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

Document Description Page 21 of potential bidders and any state employee or official are not binding on the Commonwealth of Kentucky.

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

Section 22 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.

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

Section 23 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.

http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

Section 24 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 25 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

Document Description Page 22 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

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

200 MERO STREET, 5TH FLOOR

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 26 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:

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 27 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

Document Description Page 23 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 quote 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).

Section 28 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 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.

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

Section 29 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 30 Funding Limitations If any or all responses received exceed the amount of funding available, then the Finance and Administration Cabinet, Office of Procurement Services, reserves the right to cancel this RFQ.

Section 31 Provisions for Termination of the Contract Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

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2400000031 Lifeguard Swimear/Uniforms - Various 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 http://www.lrc.ky.gov/KRS/014A01/070.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx https://secure.kentucky.gov/sos/ftbr/welcome.aspx

Section 32 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 required to complete and submit Report of Prior Violations of Tax and Employment Laws.

Section 33 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.

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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 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 34

ALL PROVISIONS OF THIS SOLICITATION (RFQ 2400000030) AND THE

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

CONTRACT.

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