ACID ALUM (7%)

INVITATION FOR BID
The Henderson Water and Sewer Commission of the City of Henderson, Kentucky will receive
sealed unpriced proposals at its office at 111 Fifth Street, Henderson, Kentucky 42420, until
1:30 p.m. local time on the 23rd day of October 2026 at which time the unpriced proposals will
be opened and considered for the purchase of the following:
ACID ALUM (7%) FOR THE
HENDERSON WATER UTILITY
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Specifications and Instructions to Bidders may be obtained from:
HWU website: https://www.hkywater.org/bids.aspx
HWU Bobby Gish Administration Building: 111 Fifth Street, Henderson, KY
42420
Questions should be directed to the Procurement and Revenue Manager,
Susan Bryant, at 270-869-6609.
Bidders should submit their sealed unpriced proposals by customary means, prior to the bid
opening date and time.
The Water and Sewer Commission reserves the right to accept or reject any or all bids in whole
or in part and to waive informalities and/or technicalities in the bids. Conflicts of interest,
gratuities and kickbacks as defined and provided for in K.R.S. 45A.455 are absolutely
prohibited.
Clarifications and Addenda will be posted on the HWU procurement web site as listed above.
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SOLICITATION INSTRUCTIONS AND CONDITIONS
1. DEFINITIONS:
As used herein:
a. The term "solicitation" includes the Invitation for Bid, Solicitation Instructions and
Conditions, Bid Form and Technical Specifications, and any Clarifications or Addenda
issued by the Owner.
b. The term "offer" means "bid" or "proposal".
c. The term "Vendor" shall mean the party responsible for furnishing submittals,
equipment, accessories, controls, operation and maintenance manuals and training,
startup services and warranting the equipment as required in this Invitation for Bids.
Prior to award of contract, a potential Vendor may be referred to by the terms
"Bidder" or "Offeror".
d. The term "Owner" shall mean the Henderson Water Utility (HWU), 111 Fifth Street,
Henderson, Kentucky, 42420.
e. The term "Purchase Order" shall mean the document executed by the Vendor and
the Owner.
f. The term "Nonresident bidder" is defined by KRS 45A.494(3).
g. The term "Resident bidder" is defined by KRS 45A.494(2).
h. The term "Qualified bidder" means Kentucky Industries for the Blind, Incorporated;
any nonprofit corporation that furthers the purposes of KRS Chapter 163; or a
qualified nonprofit agency for individuals with severe disabilities as described in KRS
45A.465(3).
2. PROCUREMENT METHOD
This Invitation for Bid (IFB) will be conducted as a multistep competitive sealed
bid consisting of Phase 1 - Unpriced Technical Offer and Phase 2 - Bid Price/Reverse
Auction. The Buyer has partnered with eBridge to host the reverse auction on its web-
based bidding platform.
Phase 1 - Unpriced Technical Offer
Bidders shall submit an unpriced offer addressing all requirements set forth in this IFB by
the due date and time specified in the Bid Timeline. Pricing shall not be included in the
Phase 1 submission.
The Buyer will evaluate each technical proposal for compliance with the requirements of
this IFB. Only Bidders whose Phase 1 technical offers are determined to be acceptable will
be approved to participate in Phase 2.
Phase 2 - Bid Price/Reverse Auction
Pricing will ONLY be accepted during the live online reverse auction. Bidders that were
approved by the Buyer during Phase 1 will receive a Formal Invitation Email from eBridge to
participate in the live online reverse auction as scheduled in the Bid Timeline. The invitation
will include instructions for scheduling the required one-on-one bid system training.
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Bidders must also review the attached eBridge Information and return the Electronic Bid
Event Form as instructed. By responding to this IFB, you are accepting that if awarded a
contract, you will be obligated to pay a two point nine percent (2.9%) transaction fee to
eBridge pursuant to the Electronic Bid Event Form and Terms and Conditions found in the
eBridge Information.
3. BID TIMELINE
PHASE 1
Milestone Date Milestone
October 1, 2026 Bid Issued
October 12, 2026 Questions Due
Question and Answer Addendum
October 14, 2026
Posted
October 23, 2026 at 1:30pm CT Unpriced Technical Offer Due
PHASE 2
Milestone Date Milestone
October 28, 2026 Formal Invitation Issued
October 29 - 30, 2026 eBridge Bid System Training
November 2, 2026 by 10:00am CT Initial/Starting Bid Price Due
November 3, 2026 at 10:00am CT Reverse Auction Bidding Opens
4. PREPARATION OF OFFERS
a. Offerors shall examine the drawings, specifications, schedule, and all instructions.
Failure to do so shall be at the offeror's risk.
b. Offers shall set forth full, accurate, and complete information as required by the
solicitation. Offers that contain an offeror's own special terms and conditions in
conflict with the terms of the solicitation or state statutes and regulations may be
rejected.
c. Each offeror shall furnish the information required by the solicitation on the bid
forms included herein. The offeror shall sign the solicitation in ink and type or print
in ink his name, firm, address, telephone number, and date. Erasures or other
changes shall be initialed in ink by the person signing the offer. Approved electronic
format may also be accepted.
d. Any explanation or statement which the offeror wishes to make concerning the bid
shall be written separately and independently of the proposal or bid, attached to the
bid form, and placed in the envelope with the bid. Any such statement or
explanation must refer to the bid submitted and shall also be signed by the offeror.
e. Unit pricing submitted during the revers auction for each unit offered shall include
packing and delivery to HWU unless otherwise specified within the Bid Form and
shall include startup and training services where specified in the Technical
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Specifications. Fuel Surcharges and any other miscellaneous charges should be
included in the unit price.
f. Cash discounts shall not be considered in making the award of the contract.
g. Trade discounts shall be deducted by the vendor in calculating the unit price quoted,
unless otherwise stated.
h. Offers for supplies or services other than those specified shall not be considered
unless authorized by the solicitation.
i. If applicable, proposal shall include guaranteed time schedules for submission of
shop drawings after award of the Purchase Order, and for shipment of equipment
after receipt of approved shop drawings. The award of the Purchase Order will be
based on the final price quoted during the reverse auction and an acceptable shop
drawing and equipment delivery schedule.
j. Time, if stated as a number of days, shall include Saturdays, Sundays, and Holidays.
One day is 24 hours; One week is 7 days; One month is 28 days.
5. OFFEROR CLARIFICATION - REQUEST AND RESPONSE
Any explanation desired by an offeror regarding the meaning or interpretation of the
solicitation drawings, specifications, etc., shall be requested in writing to the HWU
Procurement and Revenue Manager, no later than the Questions Due date and time listed in
the Bid Timeline. Oral explanations or instructions given before the award of the contract
shall not be binding. Any information given to a prospective vendor concerning a
solicitation shall be furnished to all prospective vendors as an amendment or clarification of
the solicitation, if such information is necessary to vendors in submitting offers on the
solicitation, or if the lack of such information would be prejudicial to uninformed vendors.
6. ACKNOWLEDGEMENT OF ADDENDA TO SOLICITATIONS
Receipt of an addendum to a solicitation shall be acknowledged by the offeror. Such
acknowledgement shall be received prior to the hour and date specified for receipt of
unpriced technical offers. Verbal acknowledgement shall not be accepted. Failure to
acknowledge addenda may cause the bid to be considered non-responsive.
7. PROTEST PROCEDURES
a. Protests prior to bid opening
Any protests, prior to bid opening must be submitted in writing and received by
HWU at least ten (10) calendar days prior to bid opening. These ten (10) calendars
day deadline may be waived by the HWU Procurement and Revenue Manager for
good cause shown. The HWU Procurement and Revenue Manager will issue a
response to the protest no later than five (5) calendar days after receipt of the
protest. The response shall be in writing and set forth the reasons for the response.
Upon receipt of a protest, the HWU Procurement and Revenue Manager will
immediately determine if the bid opening should be postponed. If the bid opening
is postponed, HWU will notify all prospective bidders who have been furnished a
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copy of the specifications that a request for review has been received and that the
bid opening is postponed. Upon issuance of its response to the protest, HWU will
issue an appropriate addendum rescheduling the bid opening.
b. Protests after bid opening
Protests after bid opening will be considered only as to issues which were not
apparent before bid opening. After bid opening no protests of specifications will be
considered.
Any protest after bid opening, including a protest of contract award, must be
submitted in writing and received by HWU within five (5) calendar days of the action
being protested. No other form of protest will be considered. After the time for
protest of contract award has expired, these protest procedures will be considered
to be inapplicable, and any disputes will be resolved by HWU under contract
provisions or other remedies, if available.
Protests submitted to HWU shall:
i. Include the name and address of the protestor.
ii. Identify clearly the procurement under which the protest is being submitted.
iii. Identify the action being protested and provide sufficient detailed
documentation to support the protest action.
iv. Indicate the action, ruling or relief desired from HWU.
The HWU Procurement and Revenue Manager will review the protest and render his
or her decision in writing within five (5) calendar days of receipt of the protest,
setting forth reasons for his or her decision.
HWU is responsible, in accordance with good administrative practice and sound
business judgment, for the settlement of all contractual and administrative issues
arising out of the procurement, including protests, contract defaults, disputes or
breaches. The decision of the HWU Procurement and Revenue Manager as to
protests shall be final and conclusive, unless, within five (5) calendar days of the date
a decision was rendered by the HWU Procurement and Revenue Manager, a written
appeal of the same is submitted by the bidder to the Water and Sewer Board of
Commissioners. Any appeal to the Board of Commissioners shall include:
(a) A statement of the grounds for review and any supporting documentation.
(b) A copy of the protest filed with HWU and a copy of the HWU Procurement
and Revenue Manager's decision.
If the appeal is submitted prior to award of a contract, HWU will not award until the
matter is resolved. If the contract has been awarded prior to the appeal, the
contractor shall proceed diligently with the performance of the contract.
8. SUBMISSION OF OFFERS
a. Offers and modifications thereof shall be enclosed in sealed envelopes and
addressed to the office specified in the solicitation. The offeror shall show the
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opening hour and date specified in the solicitation, the solicitation number, and the
name and address of the offeror on the face of the envelope(s).
b. Samples of items, if required, shall be submitted within the time specified, and not
unless otherwise specified, at no expense to HWU. If not destroyed by testing,
samples shall be returned at the offeror's request and expense, unless otherwise
specified by the solicitation. Unless a request for their return is made within thirty
(30) days of award of contract, all samples shall become property of HWU.
9. MODIFICATION OR WITHDRAWAL OF OFFERS
Offers may be modified or withdrawn by written notice received prior to the exact hour and
date specified for receipt of offers. An offer may also be withdrawn in person by an offeror
or his authorized representative, if his identity is made known and he signs a receipt for the
offer, but only if the withdrawal is made prior to the exact hour and date set for receipt of
offers.
10. LATE OFFERS AND MODIFICATIONS
Offers and modifications of offers received at the office designated in the solicitation after
the exact hour and date specified for receipt shall not be considered for an award of
contract, UNLESS:
a. No offers are received other than the late offer; and
b. The needs of HWU are determined to preclude the re-solicitation of bids.
11. MULTIPLE AND ALTERNATE BIDS
Bidders shall submit one response only to the solicitation and shall not propose more model
and brand for each bid item. Multiple or alternate bids shall be cause for rejection unless
specifically called for in special provisions provided elsewhere in the solicitation.
12. AWARD OF CONTRACT
a. It is the intent of HWU to award this contract to the vendor offering the lowest
evaluated bid price for products which meet the specifications set forth in this
document. Any and all anticipated costs for HWU to implement the project will be
taken into consideration.
b. HWU reserves the right to reject any offers and to waive informalities and minor
irregularities in offers received. The award of this contract will be contingent upon
funds being appropriated for this purchase.
c. The bidder, if awarded an order or contract, agrees to protect, defend, and save
harmless the Henderson Water and Sewer Commission and the Henderson Water
Utility against any demand 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 and he further agrees to indemnify and
save harmless the Henderson Water and Sewer Commission and the Henderson
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Water Utility from suits or actions of every nature and description brought against it,
for on account of any injuries or damages received or sustained by any party or
parties, by or form any of the acts of the contractor, his servants, or agents.
d. The bidder agrees to hold the proposed pricing for up to 60 days after the reverse
auction closes.
e. A written award mailed (or otherwise furnished) to the successful offeror within the
time for acceptance specified in the offer shall be deemed to result in a contract
without further actions by either party.
13. PRICE ESCALATION:
It is the intention of both parties that pricing shall remain firm during the term of the
agreement. HWU shall only consider price increases in conjunction with a renewal of the
agreement. In the event that economic conditions are such that unit price increases are
desired by the Seller upon renewal of the agreement, Seller should submit a written request
to HWU with supporting documents justifying such increases at least 90 days prior to the
termination date of the agreement. It is agreed that the Unit Prices shall include
compensation for the Seller to implement and actively conduct cost and price control
activities, and in its request for price increases Seller shall cite sources, specific conditions
and document how those conditions affect the cost of its performance, and specific efforts
Seller has taken to control and reduce costs. HWU will review the proposed pricing and
determine if it is allowable, fair and reasonable, and in the best interest of HWU to extend
the agreement.
14. TERM OF CONTRACT & CONTRACT RENEWAL
Terms and conditions, unless stated otherwise herein, are to be effective for 1 year from the
date of bid acceptance by the Henderson Water and Sewer Commission. This bid will be
eligible for 2 - 1-year extensions (at HWU's discretion).
15. METHOD OF AWARD: BEST VALUE - RANKING APPROACH
The Owner intends to award a Contract to the Contractor whose bid, conforming to the BID
FORM, is the most advantageous on the basis of "best value" for all products, services, and
requirements contained herein. An evaluation committee or a designated individual will
evaluate the information provided by the Contractor in response to the established
measurable criteria contained herein.
Measurable Criteria: Price 100 Points
TOTAL POINTS 100 Points
Each Contractor is responsible for submitting all relevant, factual and correct information
with their offer to enable the evaluator(s) to afford each Contractor the maximum score
based on the available data submitted by the Contractor. The Contractor shall explicitly
adhere to the BID FORM.
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Bid Price (100 Points)
The bidder with the lowest final Bid Price submitted during the reverse auction receives the
maximum score. The bidder with the next lowest Price receives points by dividing the
lowest Price by the next lowest Price and multiplying that percentage by the available
points. For Example, 100 points is allocated to the lowest Price criteria for this
procurement, Bidder "A" bids $3.00 as the lowest bidder and receives the maximum 100
points ($3.00 / $3.00 = 1.00 X 100 = 100). Assume Bidder "B" is next lowest bidder at $4.00,
then "B" receives 75 points ($3.00 / $4.00 = .75 X 100 = 75).
Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and
Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison
Industries (KAR 200 5:410).
The Contractor is required to submit a complete copy of the "Required Affidavit for Bidders,
Offerors, and Contractors Claiming Resident Bidder Status" attached to the BID FORM.
16. KENTUCKY / INDIANA SALES AND USE TAXES
Sales of tangible personal property or services to HWU are not subject to state sales or use
taxes. Henderson Water Utility's Kentucky/Indiana sales tax exemption number will be
provided to the successful bidder(s).
17. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Any contracts or orders placed as a result of the offer shall be governed by the laws of the
Commonwealth of Kentucky. The rights and obligations of the parties thereto shall be
determined in accordance with these laws. Any offer conditioned upon governance by the
laws of a state other than Kentucky shall not be considered.
Conflicts of interest, gratuities and kickbacks as defined and provided for in KRS 45A.455 are
absolutely prohibited. Bidder acknowledges and certifies by submission of his bid that all
the provisions of KRS 45A.455 are complied with fully.
A City of Henderson business license is required for all vendors servicing accounts within the
City of Henderson. Information regarding the business license can be obtained by calling the
business license office at 270-831-1200. Vendors will be allowed ten (10) days after award
of bid to submit a copy of their current business license to the Procurement and Revenue
Manager.
18. PREVAILING WAGE REQUIREMENTS- do not apply to this bid
Pursuant to KRS Chapter 337.505 to 337.550 and federal Davis-Bacon and Related Act
Requirements, prevailing wages must be paid by the successful contractor and all of his
subcontractors for certain construction contracts. If applicable, a Wage Decision will be
enclosed that establishes the minimum rate that must be paid under the contract.
Contractor certification concerning labor standards and prevailing wage requirements,
ongoing payroll documentation, and other information will also be required for contracts
that must comply with prevailing wage requirements.
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19. CONFLICTS OF INTEREST - Gratuities and kickbacks - Use of confidential information (KRS
45A.455)
a. It shall be a breach of ethical standards for any 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 therefore, 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 party. 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.
b. 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 therefore.
c. 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.
d. The prohibition against conflicts of interest and gratuities and kickbacks shall be
conspicuously set forth in every local public agency written contract and solicitation,
therefore.
e. 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.
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20. CONTRACT MODIFICATIONS
During the period of the contract, no modification shall be permitted in any of its conditions
and specifications unless the contractor receives written approval from the Procurement
and Revenue Manager.
If the contractor finds at any time that existing conditions make modifications in
requirements necessary, he shall promptly report such matter to the Procurement and
Revenue Manager for consideration and decision. All contract modifications shall be subject
to the provisions of 200 KAR 5:311.
21. ADDITIONAL CHARGES/FEES
The bid price of the product is the complete product price. There will be no fuel surcharges,
delivery fees, handling fees, container return fees, or any other fees/charges associated
with the purchase, installation or delivery of products.
22. SELLER'S INVOICES
Invoices shall be prepared and transmitted via USPS to HWU at the provided address or
emailed to invoices@hkywater.org. Invoices shall contain, at a minimum, the following
information: Purchase Order number, Bill of Lading number, delivery location, and an
appropriate weight ticket, where applicable.
HWU is a municipality and invoices are processed for payment not less than once per
month. Terms are net 30 after receipt of invoice.
23. PRECEDENCE OF PROVISIONS
In the event of an inconsistency between provisions of the solicitation, the inconsistency
shall be resolved by giving precedence in the following order: (a) Addenda, if issued; (b)
Solicitation Instructions and Conditions; (c) General Conditions; (d) other provisions of the
contract, whether incorporated by reference or otherwise; and e) the Technical
Specifications.
24. NONDISCRIMINATION
Civil Rights Act of 1964: In accordance with the provisions of Title VI of the Civil Rights Act
of 1964 and the regulations of the Federal Department of Transportation (49 CFR, part 21)
issued pursuant to such Act, all bidders are hereby notified that HWU will affirmatively
insure that the contract entered into pursuant to this advertisement will be awarded to the
responsible bidder with the lowest evaluated bid without discrimination on the grounds of
race, color, national origin, disability, gender, or age.
Americans with Disabilities Act: In accordance with the provisions of The Americans with
Disabilities Act of 1990 (ADA) which specifically prohibits discrimination against persons
with disabilities, all bidders are hereby notified that the contract entered into pursuant to
this advertisement shall include a clause that specifically requires compliance with the ADA
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