RFP - Lee County KASTOW Federal Orphan Well Plugging Program.pdf

The vendor MUST include the following with the proposal submission.

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

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

FACE OF SOLICITATION - SIGNED [see Section 60.4]

LATEST ADDENDUM - SIGNED [see Section 60.4]

*PROPOSED TECHNICAL SOLUTION UPLOADED TO THE COMMONWEALTH’S

FTP SITE (SEE MOVEIT INSTRUCTIONS ATTACHMENT D) AND BY

CLOSING DATE AND TIME [see Sections 60.5 – 60.7]

*PROPOSED COST PROPOSAL BIDDER’S RESPONSE SOLUTION UPLOADED

TO THE COMMONWEALTH’S FTP SITE (SEE MOVEIT INSTRUCTIONS

ATTACHMENT D) AND BY CLOSING DATE AND TIME [see Section 60.8 & Attachment E]

REQUIRED ANNUAL REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND

CONTRACTORS AFFIDAVIT [see Attachment F]

TRANSMITTAL LETTER [see Section 60.6(A)]

REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(See Section 60.6 (C)]

CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY [see Section 60.6 (D)]

EEO FORMS IF APPLICABLE [see Section 40.21] BUYER WILL GET FROM

SUCCESSFUL BIDDER.

Commonwealth of Kentucky Request for Proposal (RFP) for

RFP-19-23

Kentucky Abandoned Storage Tank and Orphan Well Reclamation Program (KASTOW)

RFP 785 2300000027

Release Date: July 28, 2022

CLOSING DATE AND TIME: August 26, 2022 3:00 PM, Eastern Time

(See Section 10.9 of this RFP for the Estimated Schedule of RFP Activities)

Issued by

The Finance and Administration Cabinet Division of Engineering and Contract Administration on behalf of Kentucky Energy and Environment Cabinet

The Kentucky Division of Oil and Gas

Commonwealth Buyer:

Kristi Sharp, Statewide Procurement Manager

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Division of Engineering and Contract Administration 403 Wapping Street

FRANKFORT KY 40601

(502) 330-9858 kristi.sharp@ky.gov mailto:kristi.sharp@ky.gov

TABLE OF CONTENTS

Proposal Submission Checklist Section 10 – Introduction and Overview Section 20 – Not Used Section 30 – Not Used Section 40 – Procurement Requirements Section 50 – Not Used Section 60 – Proposal Submission Section 70 – Proposal Evaluation Section 80 – Negotiations Section 90 – Attachments

SECTION 10 – INTRODUCTION AND OVERVIEW

10.1 Purpose

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. The Commonwealth is seeking to establish a contract according to the specifications herein.

10.2 Issuing Office

The Commonwealth of Kentucky, Finance and Administration Cabinet, Division of Engineering and Contract Administration, is issuing this RFP on behalf of the Kentucky Energy and Environment Cabinet (EEC), the KY Division of Oil and Gas.

The Finance and Administration Cabinet is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFP.

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet.

10.3 Access to Solicitation, RFP, and Addenda

The Commonwealth wants each prospective vendor to have full and complete information on which to base a proposal response. Only information presented or referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by vendors in preparing the response.

The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service site at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService. It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on guest access.

https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the vendor’s response, the version as issued shall prevail.

10.4 RFP Terminology

For the purpose of this RFP, the following terms may be used interchangeably:

o Proposer, Offeror, Contractor, Provider, or Vendor o Commonwealth Buyer, Buyer, Purchaser, or Contract Officer o RFP, Solicitation, or Procurement o Bid, Proposal, or Offer o Commonwealth of Kentucky, Commonwealth, or State, or Agency o Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through

June 30 o Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year o Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

10.5 Restrictions on Communications

The Commonwealth Buyer named on the Cover Sheet of this RFP 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 the Buyer.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the vendors’ proposal response.

Selection Committee Members:

EEC: Gina Cavender EEC: Danielle Crosman EEC: Jay Cunningham DECA: Bob Scott

Non-Voting Technical Advisors:

EEC: Dennis Hatfield EEC: Marvin Combs

10.6 Written Questions Regarding this RFP

Vendors are encouraged to submit written questions pursuant to Section 10.9 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at kristi.sharp@ky.gov Please reference the RFP number in the Subject Line in your email. No questions shall be accepted after the date(s) listed in Section

10.9 unless the question(s) is considered material to the procurement. The mailto:kristi.sharp@ky.gov

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.

10.7 Notification of Award of Contract

The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by State agencies.

All applicable statutes, regulations, policies and requirements shall become a part of an award as well as the Information Technology requirements.

To view the award of contract(s) and the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service site at https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService Vendors can search for the solicitation title or number in the keyword search field, or can filter their search for only awarded solicitations by clicking on Advanced Search and changing the status to “Awarded”. The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the vendor’s responsibility to review this information in a timely fashion. No other notification of the results of an award of contract will be provided.

10.8 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 a 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

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.

https://emars311.ky.gov/webapp/vssprdonline3111d/AltSelfService

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

10.9 Estimated Schedule of RFP Activities

The following table presents the anticipated schedule for major activities associated with the RFP distribution, proposal submission, proposal evaluation process, and contract award. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Anticipated Schedule of Activities Release of RFP

July 28, 2022

Vendors’ Written Questions due by 4:00 PM Eastern Time Email all questions to Kristi.sharp@ky.gov

August 12, 2022

Commonwealth’s Response to Vendors’ Written Questions

August 17, 2022

Proposals due by 3:00 PM EST

August 26, 2022

Evaluation of Proposals

August 31, 2022

Award of Contract

September 15, 2022

Completion Date

180 Calendar Days from Award of Contract

THIS CONTRACT WILL BE MANAGED BY THE ENERGY

AND ENVIRONMENT CABINET

SECTION 40 – PROCUREMENT REQUIREMENTS

40.1 Procurement Requirements

Procurement requirements are contained within this Solicitation and corresponding attachments. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

40.2 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the contractor’s offer in response to the solicitation, indicated by the issuance of a contract award by the Division of Engineering and Contract Administration, shall create a valid contract between the Parties consisting of the following:

1. Any written Agreement between the Parties;

mailto:Kristi.sharp@ky.gov

2. Any Addenda to the Solicitation;

3. The Solicitation and all attachments

4. Procurement Statutes, Regulations and Policies

5. Any Best and Final Offer;

6. Any clarifications concerning the Contractor’s proposal in response to the

Solicitation;

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the contract, the order of precedence shall be as enumerated above.

40.3 Final Agreement

The contract represents the entire agreement between the parties with respect to the subject matter hereof. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract.

40.4 Contract Provisions

If any provision of this contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commonwealth and the contractor shall be relieved of all obligations arising under such provision. If the remainder of this contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

40.5 Type of Contract

Firm/Fixed Contract is anticipated.

40.6 Contract Usage

As a result of this RFP, the contractual agreement with the selected vendor will in no way obligate the Commonwealth of Kentucky to purchase any services or equipment under this contract. The Commonwealth agrees, in entering into any contract, to purchase only such services in such quantities as necessary to meet the actual requirements as determined by the Commonwealth.

40.7 Addition or Deletion of Items or Services

The Division of Engineering and Contract Administration reserves the right to add new and similar items, by issuing a contract modification, to this contract with the consent of the vendor. Until such time as the vendor receives a modification, the vendor shall not accept delivery orders from any agency referencing such items or services.

40.8 Changes and Modifications to the Contract

Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the Commonwealth, and incorporated as a written amendment to the contract and processed through the Division of Engineering and Contracts and approved by the Finance and Administration Cabinet prior to the effective date of such modification or change pursuant to KRS 45A.210(1) and 200 KAR 5:311. Memorandum of understanding, written clarification, and/or correspondence shall not be construed as amendments to the contract.

If the contractor finds at any time that existing conditions made modification of the contract necessary, it shall promptly report such matters to the Commonwealth Buyer for consideration and decision.

40.9 Changes in Scope

The Commonwealth may, at any time by written order, make changes within the general scope of the contract. No changes in scope are to be conducted except at the approval of the Commonwealth.

40.10 Contract Conformance

If the Commonwealth Buyer determines that deliverables due under the contract are not in conformance with the terms and conditions of the contract and the mutually agreed-upon project plan, the Buyer may request the contractor to deliver assurances in the form of additional contractor resources and to demonstrate that other major schedules will not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

40.11 Assignment

The contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer.

40.12 Payment

The Commonwealth will make payment within thirty (30) working days of receipt of contractor's invoice or of acceptance of goods and/or services in accordance with KRS 45.453 and KRS 45.454.

40.13 Contractor Cooperation in Related Efforts

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the contractor shall fully cooperate with such other contractors and Commonwealth employees.

The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees.

40.14 Contractor Affiliation

"Affiliate" shall mean a branch, division or subsidiary that is effectively controlled by another party. If any affiliate of the contractor shall take any action that, if done by the contractor, would constitute a breach of this agreement, the same shall be deemed a breach by such party with like legal effect.

40.15 Commonwealth Property

The contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for contractor's use in connections with the performance of this contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted.

40.16 Confidentiality of Contract Terms

The contractor and the Commonwealth agree that all information communicated between them before the effective date of the contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws.

Upon signing of the contract by all parties, terms of the contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes.

The contractor shall have an appropriate agreement with its subcontractors extending these confidentiality requirements to all subcontractors’ employees.

40.17 Confidential Information

The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the contractor. All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the contractor. The contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:

A. Information which the Commonwealth has released in writing from being maintained in confidence;

B. Information which at the time of disclosure is in the public domain by having been printed and published and available to the public in libraries or other public places where such data is usually collected;

or

C. Information, which, after disclosure, becomes part of the public domain as defined above, through no act of the contractor.

40.18 Advertising Award

The contractor shall not refer to the award of contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky without the expressed written consent of the agency technical contact person.

40.19 Patent or Copyright Infringement

The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge.

The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the

If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information.

The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor.

If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent.

The contractor shall have no liability for any infringement based upon:

A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractor B. the modification of such product or part unless such modification was made by the contractor C. the use of such product or part in a manner for which it was not designed

40.20 Permits, Licenses, Taxes and Commonwealth Registration

The contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this contract is performed.

The contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof.

However, the contractor need not be registered as a prerequisite for responding to the RFP. Additional local registration or license may be required.

The contractor shall pay any sales, use, and personal property taxes arising out of this contract and the transaction contemplated hereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the contractor.

40.21 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. The buyer will get EEO forms from the successful bidder, if required.

40.22 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.

40.23 Bankruptcy

In the event the contractor becomes the subject debtor in a case pending under the Federal Bankruptcy Code, the Commonwealth's right to terminate this contract may be subject to the rights of a trustee in bankruptcy to assume or assign this contract. The trustee shall not have the right to assume or assign this contract unless the trustee (a) promptly cures all defaults under this contract; (b) promptly compensates the Commonwealth for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth.

40.24 Conformance with Commonwealth & Federal Laws/Regulations

This contract is subject to the laws of the Commonwealth of Kentucky and where applicable Federal law. Any litigation with respect to this contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.245.

40.25 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.

40.26 Access to Records

The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

40.27 Prohibitions of Certain Conflicts of Interest

In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed.

In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this contract to voluntarily acquire any ownership interest, direct or indirect, in the contract prior to the completion of the contract.

40.28 No Contingent Fees

No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, excepting bona fide employees of the offeror or bona fide established commercial or selling agencies maintained by the offeror for the purpose of securing business. For breach or violation of this provision, the Commonwealth shall have the right to reject the proposal or cancel the contract without liability.

40.29 Vendor Response and Proprietary Information

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Finance and Administration Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Finance and Administration Cabinet, representatives of the agency for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the

Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by vendors in response to this RFP as a matter of public record.

Although the Commonwealth recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the Commonwealth must treat such information as provided by the Kentucky Open Records Act, KRS

61.870 et sequitur.

Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor shall declare in the Transmittal Letter [see Section 60.6 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each sheet containing such information. Proprietary information shall be submitted under separate sealed cover marked “Proprietary Data”.

Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right.

40.30 Contract Claims

The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

40.31 Limitation of Liability

The liability of the Commonwealth related to contractual damages is set forth in

KRS 45A.245.

40.32 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 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 60 – PROPOSAL SUBMISSION

60.1 Disposition of Proposals

All proposals become the property of the Commonwealth of Kentucky. The successful proposal shall be incorporated into the resulting contract by reference.

Disposal of unsuccessful proposals shall be at the discretion of the Commonwealth Buyer.

60.2 Rules for Withdrawal of Proposals

Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by submitting a signed written request for its withdrawal to the Commonwealth Buyer.

60.3 Commonwealth’s Right to Use Proposal Ideas

The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposals received in response to the RFP. Selection or rejection of the proposal will not affect this right.

60.4 Submission of RFP Response

Each qualified offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal.

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. If modifications have been made, the vendor's signature is required on the latest addendum. Failure to acknowledge the latest addendum of this solicitation shall cause the bid to be deemed non-responsive if the latest addendum is material to the procurement. Acknowledgment shall be received prior to the hour and date specified for receipt of offers. Verbal acknowledgment shall not be accepted.

60.5 Format of Response

A. Proposals shall be submitted in two (2) parts: the Technical Proposal and the Cost Proposal Bidder’s Response Forms (Attachment E).

1. The Technical Proposal should be uploaded to the

Commonwealth’s FTP site. https://ftp.ky.gov (see Attachment D - MoveIt instructions). The technical proposal shall be named as company name with”technical proposal” following the company name.

2. The Cost Proposal Bidder’s Response Forms should be upload to the Commonwealth’s FTP site. https://ftp.ky.gov (see Attachment D - MoveIt instructions). The cost proposal shall be named as company name with “cost proposal” following the company name.

Pricing shall only be provided in the Cost Proposal Bidder’s Response Forms. DO NOT SUBMIT ANY PRICING INFORMATION IN THE

TECHNICAL PROPOSAL.

All submitted Technical Proposal and Cost Proposal Bidder’s Response shall remain valid for a minimum of Sixty (60) calendar days after the proposal due date.

60.6 Technical Proposal Content

A. Transmittal Letter The transmittal letter should be on the vendor’s letterhead, notarized and signed by an agent authorized to bind the vendor. The transmittal letter should include the following:

i. A statement that deviations are included, if applicable. Proposed deviations must be outlined in the transmittal letter.

Any deviation from the provisions of the solicitation must be specifically identified by the vendor in its proposal, which if successful, shall become part of the contract. Such deviations shall not be in conflict with the basic nature of this solicitation. The Commonwealth reserves the right to reject any and/or all deviations in whole or in part.

ii. A sworn statement that, if awarded a contract as a result of this solicitation, the vendor shall comply in full with all requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640;

https://ftp.ky.gov/ https://ftp.ky.gov/

iii. A sworn statement pursuant to KRS 11A.040 that the vendor has not knowingly violated any provisions of the Executive Branch Code of Ethics;

iv. A sworn statement that the vendor is in compliance with Prohibitions of Certain Conflicts of Interest;

v. A statement of certification in accordance with In accordance with Federal Acquisition Regulation 52.209-5, Certification Regarding Debarment, Suspension, and Proposed Debarment that to the best of its knowledge and belief, the vendor and/or its principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

vi. The name, address, telephone number, fax number, and email address of the contact person for this RFP. The address shall be one in which the major overnight delivery services will deliver.

vii. The name, address, telephone number, fax number and email address of the contact person to serve as a point of contact for day-to-day operations.

viii. Subcontractor information to include name of company, address, telephone number and contact name, if applicable.

B. 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.

C. 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 under Procurement and Vendor Forms, Item 4:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.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.”

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx

D. 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.

E. Required Annual Required Affidavit For Bidders, Offerors and

Contractors (see Attachment F)

F. Completed and signed face of solicitation (see Section 60.4)

G. Signed face of latest addendum of the solicitation (see Section 60.4)

H. Proposed Solution (see Section 60.7)

60.7 Proposed Solution Content

The vendor response should be based on the RFP requirements and should include the following vendor deliverables that will be scored by the Commonwealth’s vendor proposal evaluation team:

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

KASTOW - ORPHAN WELL PLUGGING & REMEDIATION MATRIX

CONSIDERED ATTRIBUTES POINTS

AVAILABLE

Contractor Experience

Points will be awarded based upon a.) Max 2 points for total years of Relevant Well Plugging & Site Remediation Experience (0 for <5 years experience; 1 point = 5-10 years; 2 points = 10 years or more and b.) Max 4 points for summary examples of past similar projects described in adequate detail (0 points = No detail provided, or similar work; Rising scale of 1-4 points = Degree that provided work history matches bid project

Contractor Qualifications

Points will be awarded based on a.) number of similar well plugging project references provided (0 points = no references provided OR negative/unacknowledged response from any reference provided; 1 Point = 1-2 references; 2 points = 3+ references

Contractor Equipment/Adequacy to Complete Package

Points will be awarded based on Equipment identified a.) To employ power swivel to drill out obstructions and b.) Verify wellbore clear by running rig tools to total depth and c.) Mix, pump and circulate cement to desired intervals and d.) Reclaim and remediate wellsite and access road. (0 points = No equipment information provided OR negative/unacknowledged response from any reference provided; 2 Points = Minimum requirement to plug wells with minimal equipment; 4 Points = Adequately plug, no ability to drill our obstruction. 8 Points = Complete well service and pumping equipment identified & deemed suitable to plug well solid from TD to surface and reclaim well site.

Completeness of Proposal

Points will be awarded based on completeness of proposal (0 points = minimal basic bid response; 1-5 points = deemed thoroughness and detail for a complete proposal.

Past Performance with Division/Cabinet

Points will be awarded based on Contractor’s past Division State Plugging or KASTOW program performance, (or similar verified program performance in other states): (-1 to -5 points unsatisfactory performance based on unsafe practices, poor environmental controls, work performance, timeliness, professionalism, etc.; 0 points = no past experience; 1-5 points = positive past performance).

Adequacy of Proposed Workplan

Points will be awarded based on the adequacy of proposed plugging plan. (0 points = 0-4 of the items on the "scope of work" plan, generic plugging plan and remediation and reclamation of disturbed areas are addressed; 1 point = 5-l0 of the items on the "scope of work" & plugging plans are addressed; 3 points = 11-14 of the items on the "scope of work" & plugging plans are addressed; 4 points = All items of scope of work, plugging plan and site remediation/reclamation are addressed)

Total Project Cost

Points awarded based on proposed cost of project (Each Bid Scored proportionally with lowest bid cost score 40 and % reduced proportionally for higher cost bids).

TOTAL

60.8 Cost Proposal Bidder Response Forms

The vendor should provide its price for this RFP on the Cost Proposal Bidder’s Response Forms. (See Attachment E)

The Commonwealth of Kentucky is not Tax Exempt. The winning bidder shall be liable for payment of Kentucky sales and use tax.

Costs for developing the proposals are solely the responsibility of the offerors. The Commonwealth of Kentucky shall not provide any reimbursements for such costs.

A proposal shall not be considered for award if the price in the proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other offeror or with any competitor. In addition, the offeror is prohibited from making multiple proposals in a different form.

Should conflict of interest be detected any time during the contract, the contract shall be null and void and the contractor shall assume all costs of this project until such time that a new contractor is selected.

SECTION 70 – PROPOSAL EVALUATION

70.1 Proposal Evaluation

The Commonwealth shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The Commonwealth may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Commonwealth reserves the right to reject all proposals.

The Commonwealth has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror. Scoring will be done by consensus of the committee members.

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.

The Commonwealth shall evaluate the technical proposals by assigning scores as indicated below.

70.2 Cost Proposal Evaluation

Total Project Cost

Points awarded based on proposed cost of project (Each Bid Scored proportionally with lowest bid cost score 40 and % reduced proportionally for higher cost bids).

The scoring of cost 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).

70.3 Best and Final Offer (BAFO)

In accordance with FAP 111-57-00 (3) (h), the Commonwealth reserves the right to request Best and Final Offers (BAFO).

SECTION 80 – NEGOTIATIONS

The Commonwealth reserves the right pursuant to KRS 45A.085 to negotiate a contract with the top-ranked vendor. In the event the Commonwealth cannot reach agreement with the top-ranked vendor, it may proceed to negotiate with the next highest ranked vendor, and so on.

Terms and conditions that may be negotiated at the sole discretion of the Commonwealth include but are not limit to issues related to the Technical and/or Cost Proposals.

SECTION 90 – ATTACHMENTS

Attachments indicated below may be downloaded by accessing the “Attachment” link found on the solicitation details view page where this RFP 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.

Attachment A – General Conditions Attachment B – Payment Bond Part IV, Performance Bond Part V & Agreement Part VI Attachment C – Department of Interior Standard Award Terms & Conditions Attachment D – MoveIt Instructions Attachment E – Cost Proposal Bidder’s Response Forms Attachment F – Annual Required Affidavit for Bidders, Offerors and Contractors Attachment G – 29 CFR 5.5 Davis-Bacon Contract Clauses Attachment H – Wage Determination, Certified Payroll Form (WH-347) & Instructions Attachment I – Kentucky Abandoned Storage Tank & Orphan Well (KASTOW) Reclamation Program Package Attachment J – Orphan Well Package List Attachment K – Plugging Plan Attachment L – Site Reclamation and BMPs Attachment M – Orphan Well Site Review Attachment N – Plugging Affidavit Form OG-38 Attachment O – KASTOW Invoice Attachment P – Bidders Experience Qualifications Prior Projects Summary Attachment Q – Contractors Proposed Equipment List & Proposed Work Plan

ADDITIONAL INFORMATION

Bonding:

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 within five (5) calendar days. Bonds shall be executed by a surety company authorized to do business in the Commonwealth of Kentucky.

Time of Completion: All Sites to be Reclaimed within 180 calendar days from Award Date.