SERVING LINES
| Agency: | The Kenton County School District |
|---|---|
| State: | Kentucky |
| Level of Government: | State & Local |
| Category: |
|
| Opps ID: | NBD16401513343293334 |
| Posted Date: | Feb 5, 2024 |
| Due Date: | Feb 20, 2024 |
| Solicitation No: | 37-SRV-24 |
| Source: | Members Only |
| Bid/RFP No. | Bid/Legal Notice | Issue Date | Closing Date & Time | Contact Person |
| 37-SRV-24 | 01/29/2024 |
02/20/2024 1:00 PM EST |
Jenny Notton |
Attachment Preview
INVITATION TO BID
BID/RFP No.:
DATE ISSUED:
BID CLOSING DATE:
TITLE:
CONTRACT ADMINISTRATOR NAME:
EMAIL CONTACT:
METHOD OF AWARD:
37-SRVL-24
01/29/2024
2/20/2024
Serving Lines
Jennifer Notton
Jennifer.Notton@kenton.kyschools.us
Low Bid
The Kenton County Board of Education’s Purchasing Department will receive sealed bids for items and/or services listed herein, subject
to the Terms and Conditions of this Invitation to Bid. Please read all instructions and specifications carefully. Failure to comply with
these instructions shall disqualify the bid.
BIDS MUST BE RECEIVED NO LATER THAN: FEBRUARY 20, 2024, by 1:00 PM EST.
Delivery of Bid:
1. Bids can be mailed or delivered in a sealed envelope marked: “BID No. 37-SRVL-24 RESPONSE” or;
2. Emailed with “BID No. 37-SRVL-24 RESPONSE” in the subject line.
Bid Delivery Address:
Kenton County Board of Education
Attn: Purchasing Department
1055 Eaton Dr.
Ft. Wright, KY 41017
Bid E-mail Address:
kenton.purchasing@kenton.kyschools.us
Bid Opening:
1. Bids will be opened on Tuesday, February 20, 2024, at 1:00 PM EST.
2. All bids must be received by the time and date designated in this invitation. None will be considered thereafter.
3. Bids will be opened and read in the Purchasing Department at the Kenton County Board of Education. Bidders are invited to
attend the bid opening.
Bid Award:
1. Bid will be awarded at the Board meeting held on Monday, March 4, 2024.
Period of Contract:
1. The period of the contract will be from March 5, 2024 until July 31, 2024.
VENDOR INFORMATION:
Name of Company:
Address:
Contact Name:
Signature:
Phone:
City:
E-mail Address:
Date:
State:
Zip:
BIDDER IS TO COMPLETE THIS COVER SHEET AND SUBMIT WITH THE BID IN ITS ENTIRETY
Page 1 of 15
45A.455 - PROHIBITION AGAINST CONFLICTS OF INTEREST, GRATUITIES, AND KICKBACKS
1. It shall be a breach of ethical standards for an employee with procurement authority to participate directly in any proceeding or
application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract
or subcontract and any solicitation or proposal therefor, in which to his knowledge:
i. He, or any member of his immediate family has a financial interest therein; or
ii. A business or organization in which he or any member of his immediate family has a financial interest as an officer,
director, trustee, partner or employee, is a party; or
iii. Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has
an arrangement concerning prospective employment is a part. Direct or indirect participation shall include but not be
limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a
purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation,
auditing or in any other advisory capacity.
2. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for
any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of
employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase
request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other
particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.
3. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a
subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an
inducement for the award of a subcontract or order.
4. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public
agency written contract and solicitation therefor.
5. It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information
for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.
45A.990 – PENALTIES
1. Any employee or any official of The Kenton County Board of Education, Kentucky, elective, or appointive, who shall take,
receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money, or other things of
value, as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from,
any person, partnership, firm, or corporation, offering, bidding for, or in open market seeking to make sales to The Board of
Education of Kenton County, Kentucky shall be deemed guilty of a Class C felony.
2. Every person, firm, or corporation offering to make, or pay, or give, any rebate, percentage of contract, money or any other
thing of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, to any
employee or to any official of The Kenton County Board of Education, Kentucky, elective or appointive, in his efforts to bid for,
or offer for sale, or to seek in the open market, shall be deemed guilty of a Class C felony.
By signing this form, offeror has read, understands, and acknowledges the Conflict of Interest and Penalties statement.
Authorized Signature ___________________________________________ Date____________________________________
Print Name ___________________________________________________ Title____________________________________
BIDDER IS TO SIGN AND ATTACH THIS FORM AND SUBMIT WITH THE BID IN ITS ENTIRETY
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1. TERMS AND CONDITIONS
1.1. DEFINITIONS AND CLARIFICATIONS:
i. RFP: Request for Proposal
ii. Proposal, Bid: A complete and properly signed document proposing to do work or provide goods, for the sum(s)
stipulated therein, supported by data called for by the Bid documents.
iii. Offeror, Vendor, Contractor, Bidder: A company, organization or individual who submits a proposal to deliver goods
and/or services – (These terms are interchangeable).
The following terms are interchangeable: The Kenton County Board of Education, The Board, Kenton County School District,
KCSD, The District, Kenton County Schools
The following terms are interchangeable: Solicitation, Request for Proposal, RFP, proposal, Invitation to Bid, Bid
The following terms are interchangeable: Offeror, Vendor, Contractor, Bidder
The following terms are interchangeable: Cost, Price
1.2. GOVERNING LAW: The validity, performance, construction, interpretation, and effect of any/all purchases and/or services,
shall be governed by the laws of the State of Kentucky and policies within the Kentucky Model Procurement Code (KRS 45A).
The Board and contractor shall agree to submit themselves to the exclusive jurisdiction of the courts located within Kenton
County, Kentucky, in connection with any cause of action arising from any/all purchases and/or services.
1.3. KENTUCKY MODEL PROCUREMENT: The Kentucky Model Procurement Code (KRS 45A), adopted by The Kenton County
Board of Education, shall be deemed incorporated by reference in these specifications as though fully quoted herein. In the
event of any conflict between this Invitation to Bid and the Kentucky Model Procurement Code Regulations, the Kentucky
Model Procurement Code Regulations shall control.
1.4. PERFORMANCE BOND: The Board reserves the right to determine the ability of any bidder to perform the work and any
bidder shall, upon request, furnish such information as may be necessary to determine such ability, including performance
bond, if requested.
1.5. IRS W-9 FORM: All awarded bidders, as a result of this Invitation to Bid, shall submit a completed IRS W-9 Form within ten
(10) business days of the bid award notification.
1.6. CERTIFICATE OF INSURANCE (COI): All contractors, vendors, or service providers coming onto any of The Board’s location
premises to do work or provide services are required to have insurance and provide a Certificate of Insurance (COI). Insurance
is necessary to cover any claims or losses for which the contract/vendor may be responsible. A COI is a standard form issued
by the insurance company evidencing the insurance information (including policy limits and types of insurance) of its
policyholder.
The following minimum insurance standards shall apply:
1. Worker’s Compensation: Statutory limits are required.
2. Commercial General Liability Insurance: Including Bodily Injury and Property Damage Liability, Independent
Contractors Liability, Contractual Liability, Product Liability, and Completed Operations Liability in an amount not less
than $1,000,000 single limit per occurrence, and $2,000,000 aggregate.
3. Automobile Liability Insurance: For contractors who will drive on The Board’s property, Automobile Liability in an
amount not less than $1,000,000 per occurrence for bodily injury and property damage, including owned, hired and
non-owned vehicle coverage.
a. For Charter Bus Companies, the minimum Automobile Liability coverage required is $5,000,000.
Vendors and contractors shall name the “Kenton County Board of Education” as an additional insured for the duration of the
contract period. The Offeror agrees that required insurance shall not be cancelled or allowed to lapse during the term of any
awarded contract without prior written notification to The Board.
Certificates of insurance shall be provided upon renewal until the contract period expires or the contract is terminated.
A Certificate of Insurance shall be included with all required bid forms at the time of the bid opening.
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1.7. CRIMINAL HISTORY VERIFICATION: The successful bidder certifies that a criminal history background check has been
performed on all employees that may come into contact with KCSD students. Any employees with the following offenses will
not be permitted to have any contact with any KCSD students:
i. Sex related offense convictions;
ii. Convictions against minors;
iii. Felony offense convictions against persons or property;
iv. Alcohol violation convictions within two (2) years from date of check, and no more than two (2) such convictions total;
v. Drug related offense convictions;
vi. Deadly weapon-related offense convictions;
vii. A pattern of irresponsible behavior, based upon the background check.
1.8. FORCE MAJEURE: Except to the obligation to make payment, any delay in or failure of performance by either party to this
contract shall not constitute a default under this contract nor give rise to any claim for damage, cost, or expense if and to the
extent such delay or failure is caused by an act of God, flood, fire, earthquake or explosion, war, invasion, hostilities, terrorist
threats or acts, riots or other civil unrest, government order of law, actions, embargoes or blockades, national or regional
emergency, or other similar event beyond the control of the delayed or non-performing party. Notwithstanding the foregoing,
a party that is delayed in or prevented from performing for any reason shall promptly notify the other party in writing of the
reason for the non-performance and the anticipated extent of any delay or non-performance and shall take diligent steps to
minimize the adverse impact of the delay or non-performance.
1.9. PRICES: All prices quoted and percentage discounts provided are expected to remain firm during the term of the contract.
Price decreases shall become effective immediately as they become effective to the general trade or the Vendor’s
best/preferred customer.
If a vendor experiences a significant cost increase during the contract period, price changes may be considered. Such price
adjustments will be considered for approval only upon written request to the Purchasing Department with a detailed rationale
and documented cost data. Price adjustments will be considered ninety (90) days from the start of the contract period or the
last requested adjustment. All previous approved pricing shall be honored on any purchase orders dated prior to the date of
an approved request.
In the event that an increase cannot be supported to The Board’s satisfaction and/or the parties cannot agree on the amount
of the increase, The Board reserves the right to:
a. Terminate the agreement in part or in whole and,
b. Award the portion in dispute to the next lowest bidder, or acquire the goods/services from another Supplier.
1.10. TAXES: The Board’s tax-exempt status applies in accordance with revenue policy 51P370 P370 revised 6/01/1983, and in
accordance with 103 KAR 26.070. A state sales tax exempt certificate, upon request, shall be provided to the awarded bidder.
1.11. ORDERING: Orders shall be placed by electronic order entry or by e-mail. NO ORDER shall be accepted without a Kenton
County Board of Education Purchase Order or Work Order.
1.12. INVOICE AND PAYMENT TERMS: Invoices and packing slips must list: Purchase Order Number, Order Number, Item Number,
Quantity, Brief Description, Unit Price, and Total.
Invoices shall be submitted to: accounts.payable@kenton.kyschools.us
Payment terms are NET 45 – 60 days.
i. Payments are made the day following the regularly held monthly Board meeting. The Board attempts to be timely with
all payments but is required to follow all Board policies and procedures for payments.
ii. Checks/payments are run once a month and are subject to deadlines for the monthly Board meeting. All invoices
received after the check run deadline must wait until the following month for payment.
1.13. DELIVERY: The contractor agrees to furnish and deliver the items and/or services within the terms of the contract.
1.14. SUBSTITUTIONS: If during the period of the contract a vendor finds it necessary to make substitutions, they must obtain prior
approval from the Purchasing Department.
1.15. WARRANTY: Contractor shall make available and honor all manufacturer’s warranties; standard and extended.
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1.16. MATERIAL SAFETY DATA SHEET (MSDS): Contractor shall provide, upon request, the most recent MSDS information sheets
for any products delivered to any KCSD location.
1.17. PENALTIES: In case of default by the contractor, The Board may procure the articles and services from other sources and may
deduct the amount of excess cost so paid from any unpaid balance due to the vendor, and the price paid shall be considered
the prevailing market price at the time such purchase is made.
1.18. EQUAL OPPORTUNITY: During the performance of this contract, the contractor agrees to abide by the policies of 41 CFR 60-
1.4(a), which prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex,
sexual orientation, gender identity, or national origin. Moreover, these regulations require that the contractor take affirmative
action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
1.19. K.O.S.H.A STANDARDS AND HAZARD COMMUNICATION STANDARD: If applicable, all materials and services must meet or
exceed K.O.S.H.A (Kentucky Occupations & Safety Health Act) standards and must comply with the O.S.H.A. (Occupational
Safety & Health Administration) Hazard Communication standards 1910.1200.
1.20. HOLD HARMLESS: Contractor agrees to indemnify and hold The Board harmless from any and all claims for death or injury to
contractor’s personnel arising while such personnel are on premises owned or controlled by The Board in connection with the
performance of this order, and contractor shall maintain Worker’s Compensation Insurance and Employees Liability insurance
in the minimum amount of $100,000 dollars (unless otherwise specified within the contract) covering all personnel while on
The Board’s premises.
1.21. KENTUCKY RESIDENT BIDDER RECIPROCAL PREFERENCE: In accordance with KRS 45A.494, a Kentucky resident bidder shall
be given preference against a non-resident 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 non-resident bidder.
1.22. LOBBYING: Contractors that apply or bid for an award exceeding $100,000 must file the required certification pursuant to
the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, and the New Restrictions on Lobbying.
1.23. LEGAL AND CONTRACTUAL REMEDIES: The Board, or its designee, shall have authority to determine protests and other
controversies of actual or prospective bidders, offerors, or contractors in connection with the solicitations or selection for an
award of contract. Any actual or prospective bidders, offerors, or contractors aggrieved in connection with solicitation or
selection for an award of contract may file protest with the Executive Director of Operations of The Board. A protest or notice
of other controversy regarding the solicitation must be filed prior to opening. A protest or notice of other controversy regarding
an award must be filed promptly within fourteen (14) days after the award. All protests or notices of other controversies must
be in writing and addressed to:
The Kenton County Board of Education
ATTN: Executive Director of Operations
1055 Eaton Dr.
Ft. Wright, KY 41017
The Board, or its designee, shall issue a decision in writing. A copy of that decision shall be provided to the aggrieved party and
shall state the reasons for the action taken. The decision of The Board shall be final and conclusive.
1.24. CORRECTIVE ACTION REQUEST (C.A.R.): When an incident occurs with a contracted vendor that The Board deems
unacceptable, The Board may issue a C.A.R. to the vendor. The procedure is as follows:
1. The Board’s Purchasing Department will issue a written C.A.R to the vendor in question detailing the incident,
problem(s), and/or issue(s) relating to the contract. The vendor may have up to fourteen (14) days from the date of the
issue to respond in writing.
2. The Board’s Purchasing Department will review the vendor’s response, evaluate it, and determine whether or not the
proposed solution is suitable to The Board.
3. Once the written response received from the vendor is deemed suitable by The Board’s Purchasing Department, The
Board will issue a C.A.R. response detailing the action proposed by the vendor and agreed upon by The Board.
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