Bulk Double Shredded Mulch

Agency:	UNIVERSITY OF KENTUCKY
State:	Kentucky
Type of Government:	State & Local
Category:	68 - Chemicals and Chemical Products
Posted:	Mar 15, 2024
Due:	Mar 26, 2024
Solicitation No:	UK-2429-24
Publication URL:	To access bid details, please log in.

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INVITATION FOR BID

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

INVITATION NO.:

Issue Date:

Title:

Contracting Officer:

Phone:

UK-2429-24

3/15/2024

Bulk Double Shredded Mulch

David D. Stefanic

859-257-5792/david.stefanic@uky.edu

RETURN ONE ORIGINAL COPY AND ONE USB DRIVE

OF BID TO:

UNIVERSITY OF KENTUCKY

PROCUREMENT SERVICES BID DESK,

BID # UK-2429-24, BID DATE 3-26-2024

322 PETERSON SERVICE BLDG.

411 South Limestone

LEXINGTON, KY 40506-0005

IMPORTANT: BIDS MUST BE RECEIVED BY 03-26-2024 @ 3:00 P.M. LEXINGTON, KY TIME

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

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

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

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

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

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

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

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

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

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

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

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

bids:

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

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

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

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

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

COLLUSION PROHIBITED

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

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

SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS

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

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

laws of the Commonwealth of Kentucky.

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

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

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

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

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

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

DELIVERY AFTER RECEIPT OF ORDER:

THIS AREA MUST BE COMPLETED

NAME OF COMPANY:

PHONE:

FEDERAL EMPLOYER ID NO.:

ADDRESS:

FAX:

PAYMENT TERMS:

ADDRESS:

E-MAIL:

SHIPPING TERMS: F.O.B. DESTINATION –

PREPAID AND ALLOWED

DUNS #

CITY, STATE & ZIP CODE:

SIGNATURE:

WEB ADDRESS:

DATE:

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

Type or print the information requested in the spaces provided.

Invitation for Bid UK-2429-24

Page 2 of 9

UNIVERSITY OF KENTUCKY

INSTRUCTIONS TO BIDDERS

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

Preparation of Bids

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

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

Kentucky including the University of Kentucky’s General Terms and Conditions.

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

instructions. Failure to do so is at bidder’s risk.

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

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

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

location. Erasures or other changes must be initialed by the person signing the bid. Signature on a bid certifies

that the bidder has read and fully understands all bid specifications and bidder agrees to all terms and

conditions stipulated in the Invitation For Bids (IFB).

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

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

govern.

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

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

the appropriate Contracting Officer identified in the solicitation. Every interpretation made shall be in the

form of an “addendum” to the solicitation sent as promptly as is practicable to all prospective bidders to whom

the solicitation has been issued. Failure by the University to send or any potential bidder to receive such

interpretation(s) shall not relieve any bidder from any obligations under the bid solicitation or the bidder’s

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

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

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

appropriate Contracting Officer or other purchasing official within the University of Kentucky Procurement

Services. Bidders or potential bidders are not authorized to communicate with any University administrator,

faculty, staff, or Board of Trustees member concerning this solicitation. Failure to comply with this

requirement is grounds for the bidder’s disqualification.

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

University’s specifications and terms and conditions of the Invitation For Bids. Any deviations must be fully

itemized in detail. Any deviations from the requirements of this solicitation are at bidder’s risk and the

University may determine the bid to be non-responsive.

Submission of Bids

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

ensure their arrival in the University of Kentucky Procurement Services before the due date and time set forth

in the solicitation. The time shown on the recording clock in Procurement Services is the official time. Unless

otherwise indicated in the solicitation no oral, facsimile, e-mail or telephone bids will be accepted.

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

the exact time and date for receipt of the bids. Telephone and facsimile modifications or withdrawals are not

permitted. Withdrawn bids may be resubmitted, with or without modifications, up to the solicitation due date

and time. No bids may be withdrawn after the due date and time without the express authorization of the

University of Kentucky Procurement Services.

Invitation for Bid UK-2429-24

Page 3 of 9

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

be publicly opened and read in accordance with the Invitation For Bids.

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

on the face of the bid envelope.

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

Specification Requirements

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

any way.

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

“approved equal” are used in the bid invitation it is for the purpose of item identification and to establish

standards of quality, style, and features. Bids on equivalent items, substantially the same, are invited.

However, to receive consideration, sufficient descriptive literature and/or specifications to clearly identify the

item and provide for competitive evaluation must accompany the bid. The University will be the sole judge of

equality and suitability. If bidder does not identify exceptions to the specifications shown in the IFB, bidder

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

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

addition to responding to the solicitation or as the only response to the solicitation. However, the University is

under no obligation to consider or accept an alternate bid and it reserves the right to reject any and all such

bids.

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

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

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

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

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

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

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

guarantee. The University is obligated to purchase only those quantities needed during the term of the contract

and it reserves the right to purchase more or less than the estimated quantities. The University is obligated

only for those quantities ordered.

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

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

Bid Evaluation and Award

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

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

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

to perform fully the contract requirements and the integrity and reliability that will assure good faith

performance. In determining whether a Bidder is responsible, the University may evaluate various factors

including (but not limited to) financial resources; experience; organization; technical qualifications; available

resources; record of performance; integrity; judgment; ability to perform successfully under the terms and

conditions of the contract; and adversarial relationship between the Bidder and the University that is so serious

and compelling that it may negatively impact the work performed under this Invitation for Bid; or any other

cause determined to be so serious and compelling as to affect the responsibility of the Bidder.

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

technical defects and minor irregularities in the bids received. Further, the University reserves the right to

Invitation for Bid UK-2429-24

Page 4 of 9

make a single award, split awards, make multiple awards or no award whichever is in the best interest of the

University.

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

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

best interest of the University. The University will consider bids submitted on an “all or nothing” basis if the

bid is clearly designated as such.

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

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

preference against a bidder submitting a proposal from a state that grants residency preference equal to the

preference given by the state of the nonresident bidder. Resident bidder and nonresident bidder shall be

defined in accordance with KRS 45A.494(2) and 45A.494(3), respectively. Any Respondent claiming

Kentucky residency status shall submit with its proposal a notarized affidavit affirming that it meets the criteria

as set for in the above referenced statute.

4.6 The University shall issue a price contract or purchase order as its notification of award to the successful

bidder(s). Until such date a price contract or purchase order is issued, nothing shall be construed to constitute

a binding agreement between the University and the bidder.

Payment and Taxes

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

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

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

processing costs, and industry best practices. As such, suppliers and individuals doing business with the

University will be paid based on the following protocol:

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

enrolling in Payment Plus, suppliers can receive payments immediately (all invoices will be paid

immediately upon confirmation of goods receipt and invoice). The process is electronic and the

supplier receives real-time payment notices. Additional information regarding Payment Plus (and

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

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

Individuals receiving payments from the University that require ACH direct payments will only be

processed under special circumstances as approved by the Controller’s office. Payment terms for

ACH are Net-40.

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

in determining the bid award.

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

assumes that all successful bidders will accept the University’s procurement card as a method of payment

unless a specific exception is stated in the bidder’s response to the IFB. No additional charges may be added

for acceptance of the procurement card.

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

A00276) on materials and equipment under this solicitation. The University is also entitled to exemption from

the Federal Excise Tax. All bidders shall take this into consideration when submitting their bid. Exemption

certificates will be furnished upon request. Bidders are informed that material purchased by the contractor for

the performance of this contract for the University are not exempt from the provisions of the Kentucky Sales

and/or Use Tax. All adjustments and allowances for the current sales and/or use tax shall be included in the

bid price.

Invitation for Bid UK-2429-24

Page 5 of 9

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

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

Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931, 61.932

and 61.933 (the “Act”), Company shall secure and protect the Personal Information by, without limitation: (i)

complying with all requirements applicable to non-affiliated third parties set forth in the Act; (ii) utilizing

security and breach investigation procedures that are appropriate to the nature of the Personal Information

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

Information from unauthorized access, use, modification, disclosure, manipulation, or destruction; (iii)

notifying University of a security breach relating to Personal Information in the possession of Company or its

agents or subcontractors within seventy-two (72) hours of discovery of an actual or suspected breach unless the

exception set forth in KRS 61.932(2)(b)2 applies and Company abides by the requirements set forth in that

exception; (iv) cooperating with University in complying with the response, mitigation, correction,

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

mitigation in the event of a security breach of Personal Information suffered by Company; and (vi) at

University’s discretion and direction, handling all administrative functions associated with notification,

investigation and mitigation.

Affiliation of King’s Daughters Medical Center (KDMC)

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

As of December 1, 2022, King’s Daughters Medical Center based in Ashland Kentucky officially became part

of the University of Kentucky. King’s Daughters Medical Center serves a 16-county region across Kentucky,

Ohio, and West Virginia. Its health system is comprised of two acute-care hospitals totaling 465 licensed beds,

more than 50 ambulatory centers and practice locations, a long-term care facility, medical transport company,

and six urgent care centers.

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

Bulk Double Shredded Mulch

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