NOTICE.pdf

MATTHEW G. BEVIN

GOVERNOR

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

403 WAPPING STREET, 1ST FLOOR

FRANKFORT, KY 40601-2638

(502) 564-3050

FAX NO. (502) 564-6822

WILLIAM M LANDRUM III

SECRETARY

ROBERT M. BURNSIDE

COMMISSIONER

JENNIFER LINTON

EXECUTIVE DIRECTOR

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D

8/17/2018

NOTICE TO CONTRACTORS

FOR

CHILLER PRE-PURCHASE - DOCJT

LAW ENFORCEMENT TRAINING CENTER

RICHMOND, KENTUCKY

Attached hereto is a copy of the “Advertisement for Bids” for furnishing all labor, equipment, appliances and materials necessary for Chiller Pre-Purchase - DOCJT, Law Enforcement Training Center, Richmond, Kentucky.

SAME IS DESIGNATED AS:

REQUEST NO. Request for Bid No. RFB-58-19

BID ON: CHILLER PRE-PURCHASE - DOCJT

LAW ENFORCEMENT TRAINING CENTER

RICHMOND, KENTUCKY

BID DATE: September 6, 2018 10:30 A.M., Eastern Time

Responsible Contractors who have proper experience, equipment and qualifications are invited to bid on this work. These factors will be considered in the Award of Contract and all work will be performed under the standard regulations for construction of the Commonwealth of Kentucky.

RFB-58-19

PART I

ADVERTISEMENT FOR BIDS

1. INVITATION:

Sealed bid documents for the following work will be received by the Division of Engineering and Contract Administration, 2nd Floor Bush Building, 403 Wapping Street, Commonwealth of Kentucky, Frankfort, KY 40601, in the manner and on the date hereinafter specified for the furnishing of all labor, materials, supplies, tools, appliances, equipment, services, etc., necessary for Chiller Pre-Purchase - DOCJT, Law Enforcement Training Center, Richmond, Kentucky, as set forth in the specifications and as shown on the drawings prepared by and approved by the Department for Facilities and Support Services of the Commonwealth of Kentucky and under the terms and conditions to this Request for Bid.

2. PROJECT DESCRIPTION:

Furnish two (2) 255-ton (nominal capacity, each) centrifugal chillers and related accessories for Division of Criminal Justice Training Center, Richmond, Kentucky. Chillers will be purchased on a modified life-cycle-cost basis.

Installation of the chillers will be done under a separate contract.

3. METHOD OF BIDDING:

Bids will be received from Prime Contractors on a Total Bid Basis for the project. All phases of work shall be bid to and through the Prime Contracting Firms. Bids shall be submitted in the manner herein described and on the official bid document form included with the conditions and specifications and shall be subject to all the conditions as set forth and described in the Bid Documents.

SPECIAL NOTE:

Bids shall be submitted on the Official Form supplied by the Division of Engineering and Contract Administration. Failure to comply with the foregoing requirements will be cause for invalidation of bid.

4. METHOD OF AWARD:

Award shall be issued on the lowest responsive bid by a responsible bidder. The Bid Document shall contain all qualifying requirements and forms. It is the intent of the Commonwealth of Kentucky to use all available funds.

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

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

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

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

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

KRS 45A.492 Legislative declarations.

The General Assembly declares:

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

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

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

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

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

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

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

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

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

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

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

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

Determining the residency of a bidder for purposes of applying a reciprocal preference

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

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

5. PROJECT CONTACTS:

1. Project Manager: Scott Baker, Division of Engineering and Contract Administration, Phone: , scott.baker2@ky.gov

2. Purchasing Agent: Kristi Sharp, CPPB, Division of Engineering Contract Administration, Phone: (502)

564-3636, Kristi.Sharp@ky.gov

6. BID SUBMITTAL:

Bidders must submit the bid in a sealed envelope addressed as follows:

Sealed Bid Clerk 403 Wapping Street, 2nd Floor Division of Engineering and Contract Administration Commonwealth of Kentucky Frankfort, Kentucky 40601-2638

The envelope must contain the following information on the outside lower left-hand corner:

Sealed Request for Bid No: RFB-58-19

Bid Receipt Closing Date: September 6, 2018 10:30 A.M., Eastern Time

The bid must be received before the specified closing hour and date for receipt of bids. All bids are time stamped showing the hour and date officially received. A bid received after the scheduled closing time for reception of bids is a “late bid” and may not be considered for award providing any legal bid has been received on said Request for Bid. The time/date clock on the Bid Receipt Clerk’s desk is the official bid time/date receipt indicator.

Bidder assumes full responsibility for timely delivery of the bid in compliance with the above described procedures and conditions.

All bidders are cautioned to be aware of security now in place at the Bush Building. Vendor attention to this advisory is encouraged. All bidders need to come in through the second floor (main entrance) of the Bush Building.

7. BID WITHDRAWAL:

No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening of bids. Bids may be withdrawn in person only, prior to the closing date for receipt of bids.

8. BONDING: NO BONDS REQUIRED ON THIS PROJECT.

All bids shall be accompanied by a bid guarantee (in the form of a bid bond or certified check) of not less than five (5%) percent of the amount of the lump sum base bid. A 100% Performance Bond and a separate 100% Payment Bond shall be furnished by the successful bidder. All bonding and insurance requirements are contained in the Instructions to Bidders and/or General Conditions. Bonds should be executed by a surety company authorized to do business in the Commonwealth of Kentucky.

9. RIGHT TO REJECT:

The Division of Engineering and Contract Administration, Commonwealth of Kentucky, reserves the right to reject any and all bids and to waive all informalities and/or technicalities where the best interest of the Commonwealth may be served.

10. GENERAL INFORMATION:

A. Bidder’s Qualifications, Unit Prices, Proposed Subcontractors are required to be submitted with the bid and List of Materials are to be submitted within one (1) hour after the bid opening.

B. All documents related to this project shall be submitted, transmitted, transferred, reviewed, approved or rejected, and/or otherwise processed using the Owner's Document Collaboration System (eCommunications) which is the Owner's web-based document collaboration system that shall be used by all project participants. No submission, transmittal, transfer, review, approval or processing shall be deemed Official without the use of this system.

C. KRS 337.550 (1) Provides that if any contractor or subcontractor is found to be in violation of any provisions of KRS 337.505 to 337.550 by the Department of Labor and upon notification to the Commissioner of the Department for Facilities and Support Services, the Commissioner of the Department for Facilities and Support Services shall hold such contractor or subcontractor ineligible to bid on public works until such a time as that contractor or subcontractor is in substantial compliance as determined by the Commissioner of Labor.

D. Each demolition/renovation project must comply with Kentucky Division of Air Pollution Control Regulation

401 KAR 57:011. This includes notification, in writing, to the Division of Air Pollution Control, ten (10) days before start of the project.

E. Tobacco-Free: Pursuant to Executive Order, use of any tobacco products (including e-cigarettes) is prohibited in all Executive Branch buildings and parking lots and on the grounds. Please refer to Executive Order # 2014-747 for complete details.

For FAQ’s go to: http://tobacco-free.ky.gov/Pages/FAQs.aspx

F. REGISTRATION WITH SECRETARY OF STATE:

http://tobacco-free.ky.gov/Pages/FAQs.aspx

Domestic and foreign corporations shall be registered with the Kentucky Secretary of State and declared to be in “good standing” prior to award of contract. Offeror should verify status at the following website:

http://www.sos.ky.gov and click on “Business Services”. Failure to comply with this requirement within (5) days after notification may render your bid non-responsive.

G. REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY:

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

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

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

H. REGISTRATION with eMars (eProcurement):

In order to receive a contract in the State’s electronic procurement system (eMars/eProcurement), a vendor/contractor shall be registered to conduct business therein. Business entities not already registered may register by visiting the eProcurement website at (http://emars311.ky.gov/webapp/vssprdonline/AltSelfService ) and complete the registration information.

The website has phone numbers and email addresses to facilitate answering any questions you may have with the registration or update process. Failure to comply with this requirement within (5) days after notification may render your bid non-responsive.

I. PRE-BID MEETING:

There will not be a pre-bid on the above referenced project.

http://www.sos.ky.gov/ 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 http://emars311.ky.gov/webapp/vssprdonline/AltSelfService