Scientific Products, Supplies, Services and Equipment

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Agency:	UNIVERSITY OF KENTUCKY
State:	Kentucky
Level of Government:	State & Local
Category:	66 - Instruments and Laboratory Equipment
Opps ID:	NBD14081328345380245
Posted Date:	Apr 17, 2024
Due Date:	Apr 30, 2024
Solicitation No:	UK-2440-24
Source:	Members Only

UK-2440-24

4-30-24

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INVITATION FOR BID

ATTENTION: This is not an order. Read all instructions, terms and conditions carefully.

INVITATION NO.:

Issue Date:

UK-2440-24

04-16-24

Title:

Scientific Products, Supplies, Services and Equipment

Contracting Officer: Robert Busch

Phone:

859-257-5474

RETURN ONE ORIGINAL COPY AND ONE USB

DRIVE OF BID TO:

UNIVERSITY OF KENTUCKY

PROCUREMENT SERVICES BID DESK,

BID # UK-2440-24, BID DATE _4-30-24

322 PETERSON SERVICE BLDG.

411 South Limestone

LEXINGTON, KY 40506-0005

IMPORTANT: BIDS MUST BE RECEIVED BY 04-30-24 @ 3:00 P.M. LEXINGTON, KY TIME

The University’s General Terms and Conditions and Instructions to Bidders, viewable at https://purchasing.uky.edu/bid-and-proposal-opportunities,

apply to this IFB. When the RFP includes construction services, the University’s General Conditions and Special Conditions for Construction and

Instructions to Bidders, viewable at https://purchasing.uky.edu/bid-and-proposal-opportunities, apply to the IFB.

AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by Kentucky Revised Statutes (KRS) 523.040:

That I am the bidder (if the bidder is an individual), a partner, (if the bidder is a partnership), or an officer or employee of the bidding corporation having

authority to sign on its behalf (if the bidder is a corporation);

That the attached bid has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement,

understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Invitation for

Bids, designed to limit independent bidding or competition and is in full compliance with KRS 45A.455;

That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of

the bidder or its surety on any bond furnished with the bid or bids and will not be communicated to any such person prior to the official opening of the

bid or bids:

That the bidder is legally entitled to enter into contracts with the University of Kentucky and is not in violation of any prohibited conflict of interest,

including those prohibited by the provisions of KRS 164.390,45A.330 to 45A.340.

That the Bidders, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sales and use tax imposed by

Chapter 139 to the extent required by Kentucky law and will remain registered for the duration of any contract award.

That I have fully informed myself regarding the accuracy of the statement made above.

COLLUSION PROHIBITED

Any agreement or collusion among bidders or prospective bidders which restrains, tends to restrain, or is reasonably calculated to restrain competition

by agreement to bid at a fixed price or to refrain from bidding, or otherwise, is prohibited, in accordance with KRS 45A.325.

SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS

In accordance with KRS 45A.110(2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any provision of

the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to a bidder will not violate any provision of the campaign

finance laws of the Commonwealth of Kentucky.

CONTRACTOR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342

The contractor, by signing and submitting a bid on this invitation, agrees as required by KRS 45A.485 to submit final determinations of any violations of

the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract

and agrees to remain in continuous compliance with the provisions of these statutes during the duration of any contract that may be established. Final

determinations of violations of these statutes must be provided to the University by the successful contractor prior to the award of a contract.

ALL BIDS ARE TO BE " F.O.B. DESTINATION – FREIGHT PREPAID AND ALLOWED"

DELIVERY AFTER RECEIPT OF ORDER:

THIS AREA MUST BE COMPLETED

NAME OF COMPANY:

PHONE:

FEDERAL EMPLOYER ID NO.:

ADDRESS:

FAX:

PAYMENT TERMS:

ADDRESS:

E-MAIL:

SHIPPING TERMS: F.O.B. DESTINATION –

PREPAID AND ALLOWED

DUNS #

CITY, STATE & ZIP CODE:

SIGNATURE:

WEB ADDRESS:

DATE:

SIGNATURE REQUIRED: This bid cannot be considered valid unless signed and dated by an authorized agent of the bidder.

Type or print the information requested in the spaces provided.

Revised 3/15/2024

Invitation for Bid UK-2240-24

UNIVERSITY OF KENTUCKY

INSTRUCTIONS TO BIDDERS

Page 2 of 10

All University of Kentucky bid solicitations are made upon and subject to the following conditions:

Preparation of Bids

1.1 All solicitations are subject to the provisions and requirements of any applicable Kentucky Revised Statutes, including the

Kentucky Model Procurement Code, and the rules, regulations and policies of the University of Kentucky including the

University of Kentucky’s General Terms and Conditions.

1.2 Bidders are expected to examine the complete bid and all attachments including drawings, specifications and instructions.

Failure to do so is at bidder’s risk.

1.3 Bidders shall furnish information required by the solicitation in the form requested. The University reserves the right to

reject bids with incomplete information or which are presented on a different form.

1.4 All bids must be legible. A legally authorized company representative shall sign all bids in the appropriate location.

Erasures or other changes must be initialed by the person signing the bid. Signature on a bid certifies that the bidder has read

and fully understands all bid specifications and bidder agrees to all terms and conditions stipulated in the Invitation For Bids

(IFB).

1.5 Bid prices shall be entered in spaces provided on the bid form. All unit prices and mathematical extensions and totals shall

be indicated where required. In cases of errors in extensions or totals the unit price will govern.

1.6 Should any potential bidder doubt the true meaning of any part of the solicitation, a written request for an interpretation may

be submitted to the University. Requests for such interpretation shall be made in writing to the appropriate Contracting

Officer identified in the solicitation. Every interpretation made shall be in the form of an “addendum” to the solicitation sent

as promptly as is practicable to all prospective bidders to whom the solicitation has been issued. Failure by the University to

send or any potential bidder to receive such interpretation(s) shall not relieve any bidder from any obligations under the bid

solicitation or the bidder’s response. Any interpretations, corrections or changes to the solicitation made in any other manner,

including oral explanations and instructions, are not binding upon the University.

1.7 Bidders or potential bidders are required to coordinate all discussions concerning solicitations through the appropriate

Contracting Officer or other purchasing official within the University of Kentucky Procurement Services. Bidders or

potential bidders are not authorized to communicate with any University administrator, faculty, staff, or Board of Trustees

member concerning this solicitation. Failure to comply with this requirement is grounds for the bidder’s disqualification.

1.8 Unless otherwise stipulated in a bidder’s response, the bidder’s offer is in strict accordance with the University’s

specifications and terms and conditions of the Invitation For Bids. Any deviations must be fully itemized in detail. Any

deviations from the requirements of this solicitation are at bidder’s risk and the University may determine the bid to be non-

responsive.

Submission of Bids

2.1 Bids, and modifications thereof, shall be returned in a sealed envelope and submitted in such a manner as to ensure their

arrival in the University of Kentucky Procurement Services before the due date and time set forth in the solicitation. The time

shown on the recording clock in Procurement Services is the official time. Unless otherwise indicated in the solicitation no

oral, facsimile, e-mail or telephone bids will be accepted.

2.2 Bids may be modified or withdrawn in writing or in person by an authorized representative if done so prior to the exact time

and date for receipt of the bids. Telephone and facsimile modifications or withdrawals are not permitted. Withdrawn bids

may be resubmitted, with or without modifications, up to the solicitation due date and time. No bids may be withdrawn after

the due date and time without the express authorization of the University of Kentucky Procurement Services.

2.3 Bids received after the designated time and date in the solicitation will not be considered. Bids will or will not be publicly

opened and read in accordance with the Invitation For Bids.

2.4 Bidders shall show the bid due date and time, the solicitation number, and the name and address of the bidder on the face of

the bid envelope.

Invitation for Bid UK-2240-24

Page 3 of 10

2.5 All bids will be considered firm for a period of forty-five (45) calendar days from the bid opening date.

Specification Requirements

3.1 Unless otherwise specified in the solicitation, all items bid are to be new, unused, and not remanufactured in any way.

3.2 Whenever a trade name, brand name, or model and catalog numbers followed by the words “or equal” or “approved equal”

are used in the bid invitation it is for the purpose of item identification and to establish standards of quality, style, and

features. Bids on equivalent items, substantially the same, are invited. However, to receive consideration, sufficient

descriptive literature and/or specifications to clearly identify the item and provide for competitive evaluation must

accompany the bid. The University will be the sole judge of equality and suitability. If bidder does not identify exceptions to

the specifications shown in the IFB, bidder will be required to furnish the brand name(s), models, numbers, etc. specified in

the IFB.

3.3 Unless stated otherwise in the solicitation, alternate bids will be considered. Alternate bids may be made in addition to

responding to the solicitation or as the only response to the solicitation. However, the University is under no obligation to

consider or accept an alternate bid and it reserves the right to reject any and all such bids.

3.4 The University reserves the right to request samples of any or all items bid in order to determine compliance with the

specifications. The bidder must provide the samples within ten (10) days of the request and at no charge to the University.

Samples are non-returnable. Failure to comply may be cause for rejection of the bid.

3.5 Bidders shall clearly delineate any deviations or exceptions from the bid specifications.

3.6 Except as otherwise provided in the solicitation, all bid prices must be firm. Prices subject to qualifications, such as

escalation or other variables, may be rejected as non-responsive.

3.7 Unless otherwise stipulated in the solicitation, all quantities are estimates and do not represent a minimum guarantee. The

University is obligated to purchase only those quantities needed during the term of the contract and it reserves the right to

purchase more or less than the estimated quantities. The University is obligated only for those quantities ordered.

3.8 Proposed delivery dates shall be stated in number of calendar days after receipt of order.

3.9 All offers shall be F.O.B. destination, freight prepaid and allowed.

Bid Evaluation and Award

4.1 Bids will be evaluated and the award made to the lowest responsive, responsible bidder who offers the best value to the

University and meets the terms, conditions and specifications of the Invitation For Bids.

4.2 The term “Responsible Bidder” means a person, company, or corporation who has the capability in all respects to perform

fully the contract requirements and the integrity and reliability that will assure good faith performance. In determining

whether a Bidder is responsible, the University may evaluate various factors including (but not limited to) financial

resources; experience; organization; technical qualifications; available resources; record of performance; integrity; judgment;

ability to perform successfully under the terms and conditions of the contract; and adversarial relationship between the

Bidder and the University that is so serious and compelling that it may negatively impact the work performed under this

Invitation for Bid; or any other cause determined to be so serious and compelling as to affect the responsibility of the Bidder.

4.3 The University reserves the right to accept or reject any and all bids or part of a bid and waive informalities, technical defects

and minor irregularities in the bids received. Further, the University reserves the right to make a single award, split awards,

make multiple awards or no award whichever is in the best interest of the University.

4.4 Unless stated otherwise in the solicitation, the University reserves the right to award the contract to the lowest aggregate

bidder for all items, on an item by item basis, or a group of like items whichever is found to be in the best interest of the

University. The University will consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such.

4.5 In accordance with KRS 45A.494, a resident bidder of the Commonwealth of Kentucky shall be given a preference against a

nonresident bidder. In evaluating proposals, the University will apply a reciprocal preference against a bidder submitting a

proposal from a state that grants residency preference equal to the preference given by the state of the nonresident bidder.

Invitation for Bid UK-2240-24

Page 4 of 10

Resident bidder and nonresident bidder shall be defined in accordance with KRS 45A.494(2) and 45A.494(3), respectively.

Any Respondent claiming Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it

meets the criteria as set for in the above referenced statute.

4.6 The University shall issue a price contract or purchase order as its notification of award to the successful bidder(s). Until

such date a price contract or purchase order is issued, nothing shall be construed to constitute a binding agreement between

the University and the bidder.

Payment and Taxes

5.1 The successful bidder shall be paid, at the prices stipulated, for items or services delivered and accepted, upon the submission

of proper invoices to the billing address shown on the purchase order.

The University adheres to a strategic approach regarding payables management based on risk minimization, processing costs,

and industry best practices. As such, suppliers and individuals doing business with the University will be paid based on the

following protocol:

a. The University utilizes Payment Plus (e-payables) as its primary default form of payment. By enrolling in Payment Plus,

suppliers can receive payments immediately (all invoices will be paid immediately upon confirmation of goods receipt and

invoice). The process is electronic and the supplier receives real-time payment notices. Additional information regarding

Payment Plus (and enrollment form) can be found at: https://www.uky.edu/ufs/payment-plus-supplier-enrollment-form.

b. Payments by check. Payment terms for check payments are Net-30.

c. Individuals receiving payments from the University that require ACH direct payments will only be processed under special

circumstances as approved by the Controller’s office. Payment terms for ACH are Net-40.

5.2 Bidders may offer prompt payment discounts. The University will not consider any prompt payment discounts in

determining the bid award.

5.3 The University utilizes a procurement card program as the preferred method of payment. The University assumes that all

successful bidders will accept the University’s procurement card as a method of payment unless a specific exception is stated

in the bidder’s response to the IFB. No additional charges may be added for acceptance of the procurement card.

5.4 The University is tax exempt from the provisions of the Kentucky Sales and/or Use Tax (Tax Exemption # A00276) on

materials and equipment under this solicitation. The University is also entitled to exemption from the Federal Excise Tax.

All bidders shall take this into consideration when submitting their bid. Exemption certificates will be furnished upon

request. Bidders are informed that material purchased by the contractor for the performance of this contract for the

University are not exempt from the provisions of the Kentucky Sales and/or Use Tax. All adjustments and allowances for the

current sales and/or use tax shall be included in the bid price.

6. Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act

To the extent Company receives Personal Information as defined by and in accordance with Kentucky’s Personal Information

Security and Breach Investigation Procedures and Practices Act, KRS 61.931, 61.932 and 61.933 (the “Act”), Company shall secure

and protect the Personal Information by, without limitation: (i) complying with all requirements applicable to non-affiliated third

parties set forth in the Act; (ii) utilizing security and breach investigation procedures that are appropriate to the nature of the Personal

Information disclosed, at least as stringent as University’s and reasonably designed to protect the Personal Information from

unauthorized access, use, modification, disclosure, manipulation, or destruction; (iii) notifying University of a security breach

relating to Personal Information in the possession of Company or its agents or subcontractors within seventy-two (72) hours of

discovery of an actual or suspected breach unless the exception set forth in KRS 61.932(2)(b)2 applies and Company abides by the

requirements set forth in that exception; (iv) cooperating with University in complying with the response, mitigation, correction,

investigation, and notification requirements of the Act , (v) paying all costs of notification, investigation and mitigation in the event

of a security breach of Personal Information suffered by Company; and (vi) at University’s discretion and direction, handling all

administrative functions associated with notification, investigation and mitigation.

Invitation for Bid UK-2240-24

Page 5 of 10

7. Affiliation of King’s Daughters Medical Center (KDMC)

The University of Kentucky is authorized to add King’s Daughters Medical Center (KDMC) to any contract. As of December 1,

2022, King’s Daughters Medical Center based in Ashland Kentucky officially became part of the University of Kentucky. King’s

Daughters Medical Center serves a 16-county region across Kentucky, Ohio, and West Virginia. Its health system is comprised of

two acute-care hospitals totaling 465 licensed beds, more than 50 ambulatory centers and practice locations, a long-term care facility,

medical transport company, and six urgent care centers.

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

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