attachment aCommonwealth of KentuckyRequest for Proposal (RFP)ForNAME OF SOLICITATIONRFP 758 XXXXRelease Date: XXXXXCLOSING DATE AND TIME xxxx, 2020 at 3:30pm ETIssued byThe Finance and Administration CabinetCommonwealth Buyer:Buyer NamePurchasing AgentCOMMONWEALTH OF KENTUCKYFINANCE AND ADMINISTRATION CABINETOffice of Procurement Services200 Mero Street, 5th FloorFrankfort, KY 40622 (502) 564-xxxxEmail AddressTABLE OF CONTENTSProposal Submission ChecklistSection 1 – SummarySection 2 – IntroductionSection 3 – Scope of WorkSection 4 – Commonwealth Office of Technology Requirements (IF APPLICABLE)Section 5 – Procurement Requirements and InstructionsSection 6 – Proposal SubmissionSection 7 – Proposal EvaluationSection 8 – NegotiationsSection 9 – Contract RequirementsSection 10 – Standard Terms and ConditionsSection 11 – Attachments pROPOSAL SUBMISSION CHECKLISTThe 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 andSHALL NOT consider for award.All other items MUST be submitted prior to award. *PROPOSED TECHNICAL SOLUTION *PROPOSED COST SOLUTION TRANSMITTAL LETTER [see Section 6.7(A)] REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION IF APPLICABLE (see Section 6.7 (C)], CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY IF APPLICABLE [see Section 6.7 (D)] REQUIRED ANNUAL AFFIDAVIT AND OTHER AFFIDAVIT(S)https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf*Please see Attachment E - The Protection of Personal Information Security and Breach Investigation Procedures and Practice Act (KRS 61.931), et seq.effective January 1, 2015.section 1 - RFP summaryEstimated Schedule of RFP ActivitiesThe 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 ActivitiesNOTE TO AGENCY-YOU DO NOT HAVE TO ALLOW FOR2ND SET OF QUESTIONS AND/OR VENDORS’ CONFERENCERelease of RFP1st Set Of Vendors’ Written Questions due by 12:00 PM ET(SUBMIT QUESTIONS ON ATTACHMENT D-VENDORS’ QUESTION FORM)Commonwealth’s Response to 1st Set of Vendors’ Written Questions 2nd Set Of Vendors’ Written Questions due by 12:00 PM ET(SUBMIT QUESTIONS ON ATTACHMENT D-VENDORS’ QUESTION FORM)Commonwealth’s Response to 2nd Set of Vendors’ Written QuestionsVendors’ Conference (if Vendors’ conference held the agency can eliminate the 2nd set of questions. Vendor Conference may be conducted through video-conferencing, or by conference call, if it is in the best interest of the Commonwealth. Please enter the location address and proposed date and time for vendors’ conference.Location:Time:Attendance is highly encouraged, as this will be the only opportunity to ask oral questions. The Commonwealth shall not be bound by oral answers to the questions presented at the Vendors’ Conference or oral statements made at any other time by any member of the Commonwealth’s staff. Salient questions asked at the Vendors’ Conference and the responses will be reduced to writing and issued in an Addendum that shall be posted to the E-Procurement Page.Commonwealth’s Response to Oral Questions Presented at Vendors’ ConferenceProposals due by 3:30 PM ETIssuing OfficeThe Commonwealth of Kentucky, Finance and Administration Cabinet, Office of Procurement Services, is issuing this RFP on behalf of the Agency. 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.Agencies to Be ServedThis contract shall be for use by the agency. No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.Political Subdivisions (include if all state agency contract)Under Kentucky Statutes, political subdivisions of this State including cities of all classes, counties, and school districts may participate in All State Agency Master Agreements to the same extent as agencies of the Commonwealth.Extending the Contract Use to Other Agencies (include if not all state agency)The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other state agencies requiring the product(s) or service(s).section 2 - Introduction –PurposeThe purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. Description of what the Agency is looking for.BackgroundAGENCY TO ENTER INFORMATION HERE RELEVANT TO THIS SECTION2.2.12.2.22.2.3section 3 – scope of workPROPOSALS THAT DO NOT MEET MANDATORY REQUIREMENTS WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED. REFER TO ATTACHMENT XX– MANDATORY REQUIREMENTS CHECKLIST. IF APPLICABLEMandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.”Scope of Work/Technical RequirementsSTARTING WITH “A” BELOW, THE AGENCY MUST INSERT TECHNICAL REQUIREMENTS. PLEASE KEEP MANDATORY REQUIREMENTS (USE OF THE WORDS “SHALL”, “WILL” AND “MUST”) TO A MINIMUM. ALSO INCLUDE ANY DESIRABLE OR PREFERRED REQUIREMENTS BY USING THE WORDS “SHOULD”. LEAVE THE SPECIFICATIONS AND SCOPE AS BROAD AND FLEXIBLE AS POSSIBLE IN ORDER TO GET THE BEST SOLUTION FROM THE VENDOR xxxxxxValue Added ServicesValue-added services may be added to the contract with the prior approval by the Commonwealth Office of Technology and the Office of Procurement Services Buyer of Record. Upon approval, a formal modification will be made to add the service(s). No work shall begin until a contract modification is completed and notice provided by the OPS Buyer that work may begin.section 4 – Commonwealth office of technology (cot) requirementsIF APPLICABLE – COT WILL INSERT REQUIREMENTS- If COT language required add “Vendor shall comply with Section 10.31 regarding Artificial Intelligence”section 5 – procurement Requirements and instructionsProcurement RequirementsProcurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.Access to Solicitation, RFP, and AddendaThe 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 link at https://vss.ky.gov It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on public access.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.RFP TerminologyFor the purpose of this RFP, the following terms may be used interchangeably:Proposer, Offeror, Contractor, Provider, or VendorCommonwealth Buyer, Buyer, Purchaser, or Contract OfficerRFP, Solicitation, or ProcurementBid, Proposal, or OfferCommonwealth of Kentucky, Commonwealth, or State, Agency, AGENCYFiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered yearRequirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirementMandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.”Restrictions on CommunicationsThe 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,), 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.Confidentiality of Contract TermsThe 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.Written Questions Regarding this RFPVendors are encouraged to submit written questions pursuant to Section 1.1 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at buyer@ky.gov . Vendors should submit questions on Attachment D Vendors Question Form. No questions shall be accepted after the date(s) listed in Section 1.1 unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.Vendor Response and Proprietary InformationThe 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 should declare in the Transmittal Letter [see Section 6.7 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each file containing such information. Proprietary information shall be submitted separately and identified as “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.Notification of Award of ContractThe 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.For additional award information, vendors may email the Commonwealth Buyer.ProtestPursuant 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, SecretaryCOMMONWEALTH OF KENTUCKYFINANCE AND ADMINISTRATION CABINET200 MERO STREET, 5TH FLOORFRANKFORT, KY 40622The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.Vendor Notification – Ineligible for AwardThe Commonwealth will not consider or evaluate any proposal submitted by a vendor when the vendor, the vendor’s employees or agents, had any involvement, contribution or participation in the development, preparation or review of this RFP prior to its issuance. The vendors proposal will be deemed ineligible for award.Past Vendor PerformancePast vendor performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.section 6 – proposal submissionDisposition of ProposalsAll 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.Rules for Withdrawal of ProposalsPrior to the date specified for receipt of offers, a submitted proposal may be withdrawn by electronic or written notice by submitting a signed written request for its withdrawal to the Commonwealth Buyer.Commonwealth’s Right to Use Proposal IdeasThe 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.Submission of RFP ResponseEach 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.Acknowledgment of AddendaIt is the vendor's responsibility to check the web site for any modifications to this solicitation. Failure to specifically acknowledge addenda with submission will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes. Electronic Proposal SubmissionProposals shall be received by electronic submission in the eProcurement system.An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system. Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.govAllow 24 – 48 hours to complete Vendor Registration.  Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response.  Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal.  The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://vss.ky.gov All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal.  Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and  Proprietary Information.   Each part should consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.Proposals submitted online must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online proposal after the published date and time for closing. A proposal may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement system. Format of ResponseA. . Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and Proprietary Information. Each part should consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary. a.         The Technical Proposal should be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY).  Do not include embedded documents, hyperlinks or hyperlinks to videos.  The document should be named in the following manner: Technical – Name of offeror RFP numberb.         The Cost Proposal should be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY).  Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Cost – Name of offeror RFP numberc.         Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY).  Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Proprietary – Name of offeror RFP numberPricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING INFORMATION IN THE TECHNICAL PROPOSAL.All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.Technical Proposal ContentTransmittal LetterThe transmittal letter should be on the vendor’s letterhead, and signed by an agent authorized to bind the vendor. The transmittal letter should include the following: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.A 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;A statement pursuant to KRS 11A.040 that the vendor has not knowingly violated any provisions of the Executive Branch Code of Ethics;A statement of that the vendor is in compliance with Prohibitions of Certain Conflicts of Interest;A statement of certification 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.The name, address, telephone 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.The name, address, telephone number, and email address of the contact person to serve as a point of contact for day-to-day operations.Subcontractor information to include name of company, address, telephone number and contact name, if applicable.Federal Tax IDA statement that the vendor agrees to comply with items included in the Mandatory Checklist, if applicable. Vendor must outline how AI will be used and confirm with a YES or NO with compliance per Section 10.31.Disclosure of Violation of StatutesPursuant 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.Kentucky Tax Registration ApplicationRevenue 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. https://revenue.ky.gov/Forms/10A100(P)(4-25)_FINAL_locked%20Fill-in.pdfIn 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.”Registration with the Secretary of State by a Foreign EntityPursuant 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: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 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: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474Businesses can register with the Secretary of State at:.https://www.sos.ky.gov/bus/business-filings/Pages/default.aspxRequired Annual Affidavit and Other Affidavit(s)Proposed Solution (see Section 6.8)Proposed Solution ContentAGENCY MUST INCLUDE IN THIS SECTION what you want the vendor to submit in order for you to evaluate HOW well the VENDOR meetS the requirements of the RFP. AGAIN KEEP IT BROAD. SEE BELOW FOR EXAMPLE AREAS. THE AGENCY WILL NEED TO ELABORATE ON EXACTLY WHAT THE VENDOR NEEDS TO SUBMIT FOR EACH EXAMPLE AREA.Response should be based on the RFP requirements and should include the following:Executive SummaryCompany BackgroundTechnical ApproachImplementation PlanTimeline to include milestones/deliverablesProject Management PlanDisaster Recovery PlanGrant Reporting/Compliance PlanTurnover PlanSecurity PlanValue Added Services (optional)DO NOT INCLUDE ANY COST IN THE TECHNICAL RESPONSE. COST SHOULD BE SUBMITTED SEPARATELYCost Proposal ContentThe vendor should provide its costs for the proposed solution as instructed on the Cost Proposal Form. (see Attachment B)The Commonwealth of Kentucky is Tax Exempt. Do not include Federal Excise Tax, Kentucky Sales or Use Tax in proposed costs.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 7 – proposal evaluationProposal EvaluationThe 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.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 proposals by assigning scores as indicated.Technical Proposal Evaluation(Optional threshold language)Proposals with a combined technical score less than 50% of the maximum technical points possible will not be considered for award and neither cost proposals nor oral demonstration/presentation evaluations will be evaluated regarding that proposal. A proposal’s combined technical score is the combined total points of all scored criteria in the technical proposal portion of an evaluation. CriteriaMaximum Points PossibleLIST CRITERIA (see Section 6.XXX)XXLIST CRITERIA (see Section 6.XXX)XXLIST CRITERIA (see Section 6.XXX)XXMaximum Points PossibleXXAGENCY MUST LIST EACH CRITERIA AS IT RELATES TO SECTION 6 AND ASSIGN POINTS TO EACH. USE WHOLE NUMBERSCost Proposal EvaluationCriteriaMaximum Points PossibleProposed Cost of SolutionXXMaximum Points PossibleXXThe scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).Oral Demonstration/Presentation Evaluation, if requiredCriteriaMaximum Points PossibleOral Presentations/DemonstrationsThe Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals. Oral Presentations/Demonstrations may be conducted through video-conferencing or by conference call, if it is in the best interest of the Commonwealth. This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.If required, the top xx highest ranking vendors may be invited. Scheduling will be at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/demonstrations The decision regarding whether to request oral presentations shall be solely within the discretion of the evaluation team. The evaluation team may determine that oral presentations are unnecessary, even in instances where technical proposal scores are sufficiently close that Oral Presentations/Demonstrations might affect final rankings. (Note “Oral Presentations/Discussions” as used in this context shall not include KRS 45A.085(7) written or oral discussions regarding final terms of contracts to be awarded as a result of this RFPXXMaximum Points PossibleXXBest 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).Total Proposal EvaluationCriteriaMaximum Points PossibleTechnical ProposalXXCost ProposalXXOral Demonstrations/Presentations, if requiredXXMAXIMUM POINTS POSSIBLEXXsection 8 – NegotiationsThe 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. It is the Commonwealth’s intent to award a contract to the vendor with whom successful negotiations are completed.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 9 – contract requirements and provisionsAgencies to Be ServedThis contract shall be for use by the agency. No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.Political Subdivisions (include if all state agency contract)Under Kentucky Statutes, political subdivisions of this State including cities of all classes, counties, and school districts may participate in All State Agency Master Agreements to the same extent as agencies of the Commonwealth.Extending the Contract Use to Other Agencies (include if not all state agency)The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other state agencies requiring the product(s) or service(s).Term of Contract and Renewal OptionsThe initial term of the contract shall be for a period of _____ (months or years) from the effective date of the Award of Contract.This contract may be renewed at the completion of the initial contract period for ____ additional __ (year or years or months) periods upon the mutual agreement of the Parties. Such mutual agreement shall take the form of a contract modification as described in Section 10.7 of this RFP.At the end of the contract, the vendor shall provide all agency data in a form that can be converted to any subsequent system of the agency’s choice. The vendor shall cooperate to this end with the vendor of the agency’s choice, in a timely and efficient manner.The Commonwealth reserves the right not to exercise any or all renewal options. The Commonwealth reserves the right to extend the contract for a period less than the length of the above-referenced renewal period if such an extension is determined by the Commonwealth Buyer to be in the best interest of the Commonwealth.The Commonwealth reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.Basis of Price RevisionsPRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve (12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above.NoticesAfter the award of contract, all programmatic communications with regard to day-to-day performance under the contract are to be made to the agency technical contact(s) identified during the negotiation phase of this procurement. After the award of contract, all communications of a contractual or legal nature are to be made to the Commonwealth Buyer.SubcontractorsThe contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor. All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.section 10 – Standard terms and conditionsContract Components and Order of PrecedenceThe Commonwealth’s acceptance of the contractor’s offer in response to the solicitation, indicated by the issuance of a contract award by the Office of Procurement Services, shall create a valid contract between the Parties consisting of the following: Procurement Statutes, Regulations and PoliciesAny written Agreement between the Parties;Any Addenda to the Solicitation;The Solicitation and all attachments Any Best and Final Offer;Any clarifications concerning the Contractor’s proposal in response to the Solicitation;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.Final AgreementThe 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.Contract ProvisionsIf 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.Type of ContractThe contract shall be on the basis of a firm fixed unit price for the elements listed in this solicitation. This solicitation is specifically not intended to solicit proposals for contracts on the basis of cost-plus, open-ended rate schedule, nor any non-fixed price arrangement.Contract UsageAs 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.Addition or Deletion of Items or ServicesThe Office of Procurement Services 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.Changes and Modifications to the ContractPursuant 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 Office of Procurement Services 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.Changes in ScopeThe 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.Contract ConformanceIf 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.AssignmentThe contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer.PaymentThe 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.Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or its representative.Contractor Cooperation in Related EffortsThe 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.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.Commonwealth PropertyThe contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for contractor's use in connection with the performance of this contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted.Confidential InformationThe 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:Information which the Commonwealth has released in writing from being maintained in confidence;Information which at the time of disclosure is in the public domain by having been printed, published and available to the public in libraries or other public places where such data is usually collected; orInformation, which, after disclosure, becomes part of the public domain as defined above, through no act of the contractor.Advertising AwardThe 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 buyer. (see Section 9.4)Patent or Copyright InfringementThe 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 contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding.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:the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractorthe modification of such product or part unless such modification was made by the contractorthe use of such product or part in a manner for which it was not designedPermits, Licenses, Taxes and Commonwealth RegistrationThe 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.Provisions for Termination of the ContractAny contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.BankruptcyIn 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.Conformance with Commonwealth & Federal Laws/RegulationsThis contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.AccessibilityVendor 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.Access to RecordsThe state agency certifies that it is in compliance with the provisions of KRS 45A.150, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract."  The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).Prohibitions of Certain Conflicts of InterestIn 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.No Contingent FeesNo 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.Contract ClaimsThe Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.Limitation of LiabilityThe liability of the Commonwealth related to contractual damages is set forth in KRS 45A.245.NondiscriminationThe Equal Employment Opportunity Act of 1978 (the “Act”), KRS 45.560 to 45.640, applies to all State government contracts or subcontracts in an amount exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.During the performance of this contract, the Contractor agrees as follows:The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin or. The Contractor shall take affirmative action in regard to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation, and selection for training, so as to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age forty (40) and over, disability, veteran status, and national origin. The Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age forty (40) and over, disability, veteran status, or national origin. The Contractor shall post notices in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.The Contractor shall send a notice to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding advising the said labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause.The Contractor's noncompliance with the nondiscrimination clauses of this contract shall constitute a material breach of the contract.Each Contractor shall, for the length of the contract or at the point at which the contract is covered by this Act and until its conclusion, furnish such information as required by the Act and any rules, regulations and orders issued pursuant thereto and permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the Cabinet to ascertain compliance with the Act.This section applies to agreements disbursing federal funds, in whole or part, only when the terms for receiving those funds mandate its inclusion.Exception to Required Use of ContractThe establishment of this Master Agreement or Award Contract is not intended to preclude the use of similar products when requested by the agency.  The Commonwealth of Kentucky reserves the right to contract for large requirements by using a separate solicitationBidder, Offeror, or Contractor Mandatory Representations Compliance with Commonwealth LawThe contractor represents that, pursuant to KRS 45A.485, they and any subcontractor performing work under the contract will be in continuous compliance with the KRS chapters listed below and have revealed to the Commonwealth any violation determinations within the previous five (5) years:KRS Chapter 136 (CORPORATION AND UTILITY TAXES)KRS Chapter 139 (SALES AND USE TAXES)KRS Chapter 141 (INCOME TAXES)KRS Chapter 337 (WAGES AND HOURS)KRS Chapter 338 (OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES)KRS Chapter 341 (UNEMPLOYMENT COMPENSATION)KRS Chapter 342 (WORKERS' COMPENSATION)Boycott ProvisionsIf applicable, the contractor represents that, pursuant to KRS 45A.607, they are not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. Note: The term Boycott does not include actions taken for bona fide business or economic reasons, or actions specifically required by federal or state law. If applicable, the contractor verifies that, pursuant to KRS 41.480, they do not engage in, and will not for the duration of the contract engage in, in energy company boycotts as defined by KRS 41.472. Lobbying ProhibitionsThe contractor represents that they, and any subcontractor performing work under the contract, have not violated the agency restrictions contained in KRS 11A.236 during the previous ten (10) years, and pledges to abide by the restrictions set forth in such statute for the duration of the contract awarded. The contractor further represents that, pursuant to KRS 45A.328, they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.Artificial Intelligence (AI)Vendor agrees to adhere to CIO-126 Artificial Intelligence Policy.pdf,  which includes but is not limited to, the required written disclosure, in advance, of every use of generative AI and/or integrations with generative AI system.  Vendor agrees to disclose all parts of contracted work that is expected to be or will be performed with the assistance of AI.  Further, Vendor understands and agrees to take appropriate measures to ensure Generative AI shall not be used for any activities that are illegal or in violation of state policy, COT policy, or agency policy per CIO-126.   Vendors may not use Commonwealth confidential or internal data in generative AI queries or for building or training proprietary generative AI programs unless explicitly approved in writing by the agency head with consultation from the COT Chief Information Officer.  Vendor agrees to provide reasonable written notice of any issue of noncompliance with these requirements.Insurance Requirements (All additional insurance should be included below in Section 10.32 B. )** Proof of all required insurances should be provided prior to award.**A Certificate of Insurance (COI) on an ACORD form is required unless approved by the Commonwealth’s Office of the Controller.Required CoverageThe awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with 10.32(C) through the entire contract:Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.B.Additional Types of Insurance (*The Commonwealth reserves the right to require higher coverage amounts if needed based on the type of contract and associated risk)Automobile Liability Insurance (If Applicable)Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award.   If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor. Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage. This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation. Professional Liability Insurance (If Applicable)Professional Liability (Error & Omissions) Insurance shall be required for all professional services performed by licensed or certificated individuals or individuals working on behalf of licensed or certificated individuals. The required Professional Liability Insurance shall have a minimum limit of liability of $1,000,000.00 per claim for damages arising out of negligent acts, errors, and/or omissions in the performance of services. C. Evidence of Insurance CoverageThe successful bidder shall provide evidence of insurance coverage as required. Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract. For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth. Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.  Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract. All Certificates of Insurance must be signed by an authorized representative of the insurance agency, shall be in compliance with the laws of the Commonwealth of Kentucky, and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive. A list of authorized companies can be found at https://insurance.ky.gov/ppc/Company/Default.aspx.The certificate holder shall be listed as:Finance and Administration Cabinet, DCMOffice of Procurement Services200 Mero Street, 5th FloorFrankfort, Kentucky 40622Certificate of Insurance must contain the following language in the Description of Operations box: “The Commonwealth and its agents are Additional Insureds for the contract resulting from the solicitation. Additional insured protection afforded is on a primary and non-contributory basis.” SubcontractorsIf the contract allows for Subcontractors and utilizes Subcontractors, prior to the commencement of any work by a Subcontractor. The primary Contractor’s Certificate of Insurance must identify coverage that meets or exceeds the insurance requirements defined in this contract and that covers Subcontractor and its work in support of the Contract or the Subcontractor must submit and maintain a Certificate of Insurance that also meets or exceeds the insurance requirements of the Primary Contractor defined in this contract. OPS reserves the right to request copies of all Subcontractor’s Certificate(s) of Insurance at any time.section 11 – ATTACHMENTSAttachments 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 – This RFP DocumentATTACHMENT B – Cost Proposal Form AGENCY NEEDS TO CREATE A COST FORMATTACHMENT C– AffidavitsATTACHMENT D – Vendors’ Question Form ATTACHMENT E – The Protection of Personal Information Security and Breach Investigation Procedures and Practice Act (KRS 61.931) IF APPLICABLEATTACHMENT F – Mandatory Requirements ChecklistATTACHMENT H - Z – Additional attachments from agencyRevised April 30, 2026UPDATED 4/30/2026Remove if not applicable to the solicitation prior to postingGraham, Joan E (Finance)Luby, Shelby (Finance)22026-05-01T19:06:00Z2026-05-01T19:06:00Z030982355993Microsoft Office Word0466131falseTitle1false65685falsefalse16.0000