RFP 28-26 Science Equipment/ Materials/ Supplies Catalog Contract

RFP 28-26 Science Equipment/ Materials/ Supplies Catalog Contract, Page 1
PURCHASING DEPARTMENT
450 PARK PLACE
LEXINGTON, KY 40511
www.fcps.net/bids
R equest for Proposals Number and Title D epartment
RFP 28-26 Science Equipment/ Materials/
Supplies Catalog Contract All schools and departments
D ue Date/Time: T erm of Contract
October 21, 2026 by 2:00 PM Local Time January 1, 2027 to December
(EST) 31, 2027
FCPS now uses Bidnet for all of our Bids and RFPs. Any notifications, including amendments to
solicitations, award notices and future bid/RFP advertisements, will be made through Bidnet.
Please register as a vendor by following the link at www.fcps.net/bids and keep your profile
updated to ensure you are up to date on all FCPS Bids.
______________________________________________________________________________
Firm Name
_____________________________________________ ______________________________
Address City/State/Zip
_____________________________________________ ______________________________
Telephone/Fax Email
________/_____/____________ or __________/__________________
Social Security Number Employer Identification Number

RFP 28-26 Science Equipment/ Materials/ Supplies Catalog Contract, Page 2
THE GENERAL TERMS AND CONDITIONS, THE RFP DOCUMENT, AND A
SUCCESSFUL OFFEROR'S RESPONSE CONSTITUTE THE FINAL
CONTRACT/AGREEMENT BETWEEN FCPS AND OFFEROR. NO CONTRACT/
AGREEMENT TERMS REQUIRED BY BIDDER WILL BE CONSIDERED BY FCPS
THAT ARE NOT SUBMITTED WITHIN THE RESPONSE. A SUCCESSFUL OFFEROR
UNDERSTANDS AND ACCEPTS THIS AS ESSENTIAL TO THE AWARD OF THE RFP.
A SUCCESSFUL OFFEROR WHO SUBMITS ANY SUBSEQUENT DOCUMENT FOR
FCPS TO ACCEPT/SIGN UNDERSTANDS AND AGREES THAT THIS WILL NOT BE
CONSIDERED OR ACCEPTED BY FCPS.
FOLLOWING THE SUBMISSION OF A RESPONSE AND THE AWARD OF THE RFP
SHOULD A SUCCESSFUL OFFEROR TAKE THE POSITION THAT AN ADDITIONAL
DOCUMENT WITH ADDITIONAL TERMS IS REQUIRED FOR A SUCCESSFUL
OFFEROR TO COMPLY WITH TERMS OF THE RFP, THE RFP AWARD SHALL BE
CONSIDERED VOID AND OFFEROR MAY BE DEBARRED FROM FUTURE WORK
WITH FCPS.
CERTIFICATE MUST BE EXECUTED BY OFFEROR/ PROPOSING FIRM
In compliance with this Request for Proposals (RFP), in consideration of the detailed description
attached hereto and subject to all conditions thereof, the undersigned agrees, if this bid is accepted,
to furnish any or all of the items and services upon which prices are quoted in accordance with the
specifications listed herein.
Contractor agrees to furnish and deliver all items/services set forth or otherwise identified
in document and on any additional sheets subject to the terms and conditions herein.
To be signed by offeror:
Company Name ___________________________
Name _______________________________ Title _____________________________
Signature _____________________________________________
_____________________________________________________________________________
Acceptance (to be signed if awarded contract)
Board of Education of Fayette County Kentucky
_______________________________ ________________
Superintendent Date

RFP 28-26 Science Equipment/ Materials/ Supplies Catalog Contract, Page 3
General Terms and Conditions
1. Offerors are advised that any contract resulting from this solicitation must comply with all
applicable provisions of KRS 45A and other statutes and policies noted in this solicitation.
2. Model Procurement Regulations adopted by the Fayette County Board of Education shall be
deemed incorporated by reference in all specifications as though quoted fully herein.
3. When line item pricing is requested, prices must be stated in units of quantity as specified and
extended in total column for each item and/or lot. Proposal prices must include transportation
and delivery/service to the warehouse or building as specified.
4. To receive consideration proposals must be received prior to time designated in this
solicitation. None shall be accepted thereafter.
5. An officer or member of the proposing firm authorized to legally bind the firm must sign the
bid/proposal.
6. The Board of Education reserves the right to accept any bid/proposal, to reject any or all
bids/proposals, to waive any irregularities or informalities in bids/proposals received where
such acceptance, rejection or waiver is considered to be in its best interest. The Board of
Education reserves the right to award by item, combination of items or lot. The Board of
Education also reserves the right to reject any bid/proposal where evidence or information
submitted by the bidder does not provide satisfactory proof that the bidder is qualified to carry
out the details of the contract.
7. By submitting a bid/proposal in response to this solicitation, the respondent accepts the
evaluation process and methodology, as well as acknowledges and accepts that the
determination of "the most qualified and capable" firm(s) will require subjective
judgments by the Fayette County Board of Education.
8. Proposals are effective for sixty (60) days from date of closing unless otherwise specified in
conditions of bidding and general specifications.
9. Manufacturer's catalog numbers, trade names, etc., where shown herein are for descriptive
purposes to guide the offeror in interpreting the standard of quality, design and performance
desired, and should not be construed to exclude proposals based on furnishing other types of
materials or service. However, any substitution or departure proposed by offeror must be
clearly noted and described. Otherwise it is understood that offeror intends to supply items
specifically mentioned in this solicitation. FCPS reserves the right to determine if materials
offered are the type and quality required.
10. Samples requested must be furnished free of expense to the Board. If not destroyed or
consumed in testing or evaluating, or required in connection with the award, samples will upon

RFP 28-26 Science Equipment/ Materials/ Supplies Catalog Contract, Page 4
request be returned at offeror's expense. Right is reserved to mutilate or destroy any samples
if considered necessary for testing purposes.
11. If awarded an order or contract, offeror agrees to protect, defend and save harmless The Board
from suits or demands for payment that may be brought against it for the use of any patented
materials, process, article or device that may enter into the manufacture, construction or form
a part of the work covered by either order or contract. Offeror further agrees to indemnify and
save harmless The Board from suits or actions of every nature and description brought against
it for, or on account of injuries or damages received or sustained by any party or parties by, or
for any acts of the offeror, his servants or agents.
12. The Board is not required to pay federal excise taxes or Kentucky Sales and Use Taxes.
Proposals must be priced accordingly and reflect no sales tax to FCPS.
13. Offerors remain liable for applicable taxes on construction and/or furnish-and-install contracts
for FCPS. Adjustments and allowances for any applicable taxes shall be provided for in the
bid amount. Later adjustments to the Contract Sum shall not be permitted and/or made on this
basis by FCPS.
14. Parties to this agreement are solely responsible for costs incurred in fulfilling obligations under
this agreement unless otherwise provided in this agreement. No party shall have any claim
against the other party for reimbursement of such costs, unless said costs are attributable to
enforcing compliance under this agreement or seeking redress from the other party's default
under this agreement.
15. If any section, paragraph or clause of this contract is held invalid by any court of competent
jurisdiction, the invalidity of said section, paragraph or clause shall not affect any remaining
provisions herein.
16. Venue for any legal action filed concerning this contract is Fayette County, Kentucky.
17. Parties shall not discriminate in any of the services performed in connection with this contract
on the basis of race, color, national origin, sex, genetic information, disability, religion, age,
political affiliation, sexual orientation or gender identity.
18. K45A.455 PROHIBITS CONFLICTS OF INTEREST, GRATUITIES AND
KICKBACKS TO EMPLOYEES OF THE BOARD IN CONNECTION WITH
CONTRACTS FOR SUPPLIES OR SERVICES WHETHER DIRECT OR INDIRECT.
19. KRS 45A.990 PROVIDES SEVERE PENALTIES FOR VIOLATIONS OF LAWS
RELATING TO GRATUITIES OR KICKBACKS TO EMPLOYEES DESIGNED TO
SECURE A PUBLIC CONTRACT FOR SUPPLIES OR SERVICES.
20. Any addendums or updates to the solicitation will be posted on the district web site. It is the
offeror's responsibility to check the website for any updates.

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21. To be eligible for a contract consideration with FCPS, all companies with nexus in
Lexington, Kentucky must be current on all filings and payments of Occupational
License and Net Profits Tax for Schools. If it is determined that you are not current on
all filings and payments, your bid may be rejected or your contract canceled for
noncompliance. For additional information regarding the Occupational License Tax,
please visit our website at www.fcps.net/tax.
22. All responses to this solicitation become the exclusive property of FCPS. All proposals
received in response to this solicitation become a matter of public record and shall be regarded
as public records, with the exception of, as required by KRS 61.878(1)(c)(1), those elements
in each bid which are defined by the offeror as business or trade secrets and plainly marked as
"Confidential," "Trade Secret," or "Proprietary." FCPS shall not in any way be liable or
responsible for the disclosure of any such proposal or portions thereof if they are not plainly
marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under
Kentucky Revised Statutes Chapter 61. Any proposal which contains language purporting to
render all or significant portions of the proposal "Confidential," "Trade Secret," or
"Proprietary" may be regarded as non-responsive. Although KRS 61.878(1)(c)(1) recognizes
that certain confidential trade secret information may be protected from disclosure, FCPS may
not accept or approve that the information that a offeror submits is a trade secret. If a request
is made for information marked "Confidential," "Trade Secret," or "Proprietary," and FCPS
does not believe that the information is a trade secret, FCPS shall provide the proposer who
submitted the information with reasonable notice to allow the proposer to seek protection from
disclosure by a court of competent jurisdiction.
23. To meet Kentucky Revised Statutes 45A.430 and 45A.435 purchase orders for construction
that are issued that are under $100,000.00 will not require a bond. Purchase Orders issued that
exceed $100,000.00 will require the contractor to bond. No work shall begin until the offeror
has a FCPS issued Purchase Order in hand and has delivered the required Performance and
Payment bond to the Department that issued the Purchase Order.
24. The offeror agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Offeror agrees to
report each violation to the USDA and the appropriate EPA Regional Office.
25. The Offeror agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq. The
Offeror agrees to report each violation to the USDA and the appropriate EPA Regional Office.
26. The bidder certifies that it has read and will comply with the Family Educational Rights and
Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99)
27. By submitting a bid/proposal, the offeror is indicating that they have read, understand and
agree to all terms, conditions and specifications outlined in this proposal.
28. Each proposer by submission of bid/proposal releases Fayette County Public Schools, its Board
of Education, employees and agents from any claims arising out of, or in any way related to,
the bid/RFP process and the selection of provider.

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29. Past Offeror Performance may be considered in the award of this Contract. Offerors with a
record of poor performance with the school district in the last 24 months may be found non-
responsible and ineligible for award.
30. Modifications, additions or changes to the terms and conditions of this solicitation may be
cause for rejection of the proposal. Offerors are requested to submit proposals on FCPS official
forms. Proposals submitted on company forms may be rejected.
31. Successful offeror shall
provide to the Fayette County Board of Education an invoice for
supplies/servi ces rendered under this contract and any agreed upon expenses to be reimbursed.
Unless otherwise stated, travel and per diem shall be reimbursed based upon the district's current
32. Ptraayvmel epnotlsic fioesr .bid items are normally approved at the regularly scheduled meeting of the Board
on the fourth Monday of most months provided bid items and invoices are properly received
by the first Monday of the month. However, payments may be made early to take advantage
of cash discounts offered provided the taking of such discounts is advantageous to FCPS.
33. Sole proprietors or partnerships must supply Taxpayer Identification Numbers with proposal.
Corporations are excluded from this requirement.
34. If there is a conflict between the terms of this document and any document submitted by the
offeror the RFP document takes precedence.
35. Offeror agrees to abide by any reasonable request made by FCPS Administration regarding
implementation of this contract.
36. FCPS reserves the right to cancel contract if in the staff's opinion the offeror's work is
unsatisfactory, their ability to meet completion schedules is unsatisfactory or billing is found
to be excessive for work performed. Offeror may terminate the contract if FCPS fails to meet
the specified payment terms.
37. Either party shall have the right to terminate this agreement at any time upon a fourteen (14)
day written notice, either personally delivered or served by some form of return receipt mail
evidencing delivery, to the other party.
38. Successor in Interest or Contractor Name Changes
No assignment of this contract without specific, written pre-approval of FCPS. Failure to get
this written, pre-approval by FCPS shall VOID the assignment and the contractor on this
contract shall remain responsible for continued compliance with terms of this RFP/response.
39. Offeror Initiated Requirements
Requirements that the offeror has or shall need if awarded the contract must be provided as
part of the proposal response.

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40. Additionally, offeror shall provide documents necessary to initiate a contractual
relationship between the offeror and FCPS. Conflicts that exist with the content of this
RFP, board policy or regulation and offeror initiated requirements may result in the rejection
of the proposal.
41. Contract may be renewed for four additional one (1)-year terms, up to a total of five (5) years
subject to approval of both The Board and successful offeror. Contract prices and discounts
shall remain in effect for the entire contract and any agreed upon contract extensions, however
additional discounts and/or special pricing are encouraged and may be accepted when
consistent with other terms and conditions of the contract. If contract prices are changed during
the renewal, offeror must provide new pricing and include sufficient reasoning for the price
increase at least 60 days prior to the expiration of the contract.
42. This contract may be re-negotiated based upon, but not limited to, increases in services to
participants. Any modifications shall be agreed to in writing and signed by both parties.
43. The staff providing services to the Board herein are employees of the Second Party and shall not
44. C re o p n re s s u e m nt p t t o i o a n n y o o f n a e l t c h o a h t o th l e o y r a d r r e u e g m s p o l r o y b e e e i s n o g r u a n ge d n e t r s t o h f e th i e n B fl o u a e r n d c . e of alcohol or drugs, use of
tobacco products or possession of firearms while on a job for FCPS by any worker is
strictly prohibited. Any contractor, subcontractor or person working for the contractor
or subcontractor who violates rules regarding alcohol, drugs, tobacco products or
firearms is subject to immediate removal from the job site. Violation of rules is
considered a breach of contract between the contractor and FCPS and may lead to the
termination of said contract FOR CAUSE by FCPS.
45. FCPS does not discriminate on the basis of sex in the educational programs or activities that it
operates, and is required by Title IX of the Education Amendments of 1972 (P.L. 92-318) to
not discriminate in such a manner. Further, FCPS does not discriminate on the basis of
disabling condition, in treatment, admission or access to, or employment in its programs or
activities as required by the Rehabilitation Act of 1973 (P.L. 93-112), as amended, Section
504. Nor does FCPS discriminate on the basis of race, color, national origin, sex, genetic
information, disability, religion, age, political affiliation, sexual orientation or gender identity
in the education programs or activities it operates.
46. Suspension and Debarment
The Offeror understands that a contract award (see 2 CFR 180.220) must not be made to parties
listed on the government wide exclusions in the System for Award Management (SAM), in
accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension."
By signing and submitting its bid or proposal, the offeror or proposer certifies as follows:
The certification in this clause is a material of fact relied upon by FCPS. If it is later
determined that the offeror or proposer knowingly rendered an erroneous certification, in

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addition to remedies available to FCPS, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The offeror or proposer
agrees to comply with the requirements of 2 CFR 180.220 while this offer is valid and
throughout the period of any contract that may arise from this offer. The offeror or proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
47. Purchases by other Kentucky Government Entities:
Any government entity in Kentucky shall have the option of making purchases from a
contract executed under this solicitation when such actions are agreed to by the awarded
vendor(s). FCPS will not be responsible for payment of any purchases by another
government entity.
48. State law requires a contractor that is providing services to students on a regularly scheduled
and continuing basis to submit to a state criminal history background check by the
Department of Kentucky State Police and the Federal Bureau of Investigation and have a
letter, provided by the individual, from the Cabinet for Health and Family Services stating
the individual is clear to hire based on no findings of substantiated child abuse or neglect
found through a background check of child abuse and neglect records maintained by the
Cabinet for Health and Family Services.
Prior to the provision of services by any contractor/sub-contractor, contractor agrees to
obtain and submit a current KY State Police and FBI background check and a have a letter
provided by the Cabinet for Health and Family Services Child Abuse and Neglect per
KRS160.380. The provider will contact the FCPS Human Resources Department
Application Center to initiate this process or submit these documents if obtained
elsewhere. A fee of $40 for the State/FBI check and $10 for the Child Abuse and Neglect
letter will apply and the cost will be the responsibility of the contractor when having FCPS
run the reports. This fee can be paid via check or money order made out to Fayette County
Public Schools. Existing background checks within one year will be accepted, with the
approval from FCPS Human Resources department. If there is a break in service, a new
background check must be completed.
Purchases by FCPS Food Service
49. "Domestic Commodity or Product" are defined as an agricultural commodity that is
produced in the United States and a food product that is processed in the United States using
substantial agricultural commodities that are produced in the United States.
50. "Substantial" means that over 51% of the final processed product consists of agricultural
commodities that were grown domestically.
51. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern
Mariana Islands are allowed under this provision as territories of the United States.

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52. The Buy American provision (7 CFR Part 210.21 (d)) is one of the procurement standards
SFAs must comply with when purchasing commercial food products served in the school
meals programs.
53. Buy American: Schools participating in the federal school meal programs are required to
purchase domestic commodities and products for school meals to the maximum extent
practicable. Domestic commodity or product means and agricultural commodity that is
produced in the US and a food product that is processed in the US substantially (at least 51
percent) using agricultural commodities that are produced in the US.
54. Federal regulations require that all foods purchased for Child Nutrition Program be of
domestic origin to the maximum extent practicable. While rare, two (2) exceptions may
exist when:
55. The product is not produced or manufactured in the US in sufficient, reasonable and
available quantities of a satisfactory quality, such as bananas or pineapple; and
56. Competitive proposals reveal the cost of a domestic product is significantly higher than a
non-domestic product.
57. All products that are normally purchased by Distributor as non-domestic and proposed as
part of this solicitation must be identified with the country of origin. Distributor shall outline
their procedures to notify School when products are purchased as non-domestic.
58. Any substitution of a non-domestic product for a domestic product (which was originally
part of a solicitation), must be approved, in writing, by the Food Service Director, prior to
the delivery of the product to the School. Any non-domestic product delivered to the
School, without the prior, written approval of the Food Service Director, will be rejected.
59. Distributor must affirm their willingness to assert their best and reasonable efforts to ensure
compliance with this federal rule.
Purchases using federal funds
60. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
61. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal

RFP 28-26 Science Equipment/ Materials/ Supplies Catalog Contract, Page 10
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction").
62. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by FCPS in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
63. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
64. Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
65. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Protest Procedures
1.1 Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with
the solicitation or the award of a contract may protest to the Executive Director of Financial
Accounting & Benefits Services and the Director of the department the solicitation was issued
for, as the case shall require. The protest shall be submitted in writing, within 14 days after such
aggrieved person knows, or should have known, of the facts giving rise thereto.
1.2 Either the Executive Director of Financial Accounting & Benefits Services or the Director of
the department the solicitation was issued for shall have the authority to settle and resolve a
protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning the
solicitation or award of a contract. If the protest is not resolved by mutual agreement, either the