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KENTUCKY STATE UNIVERSITY

Issue Date: March 21, 2025

Closing Date and Time: May 7, 2025

Issued by:

Fran Pinkston

Kentucky State University

Academic Services Building (ASB), Suite 429

400 East Main Street

Frankfort, KY 40601

502-597-6434

Frances.Pinkston@kysu.edu

End of Addendum

Section 10 – Purpose, Overview & Schedule ..... 3 Section 20 – Background and Current Business Need ..... 5 Section 30 – Procurement Requirements ..... 6 Section 40 – Scope of Work ..... 12 Section 50 – Proposal Submission ..... 14 Section 60 – Proposal Evaluation ..... 18 Section 70 – Negotiations ..... 20 Section 80 – Attachments ..... 20

Kentucky State University (KSU), hereinafter referred to as the “University”, as agency of the Commonwealth of Kentucky, requests proposals from qualified sources to enter into a contract to provide University Banking.

Initial contract shall be for one (1) three-year period with an option to renew for four(4) additional two-year periods.

A contract, based on this RFP, may or may not be awarded. Any contract awarded from this RFP is invalid until approved and executed by Kentucky State University, approved by the Kentucky State Board of Regents and filed with the Legislative Research Commission, Government Contract Review Committee.

The University invites 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 Kentucky State University Buyer shall be used by Vendors in preparing the response. The solicitation, addenda, and attachments shall be posted to the Kentucky State University Web site at: https://www.kysu.edu/finance-and-administration/purchasing/bid-opportunities.php

For the purpose of this RFP, the following terms may be used interchangeably:

For the purpose of this RFP, the following terms are defined:

The Kentucky State University 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, or fax), concerning this procurement shall be addressed to the Buyer.

From the issue date of this RFP until a Vendor is selected and the selection announced, Vendors shall not communicate with any other University staff concerning this RFP. The University shall reserve the right to disqualify the Vendor's proposal response if the communication restriction clause is violated.

Vendors are encouraged to submit written questions pursuant to Section 10.7 of this RFP. Should a Vendor object to any of Kentucky State University's standard terms and conditions or provisions of the solicitation, that Vendor must specifically identify the deviation and must propose specific alternative language that could be acceptable to the University. Vendors must include a brief statement of the purpose and impact, if any, for each proposed change in addition to the specific proposed alternate wording. General references to the Vendor's terms and conditions or attempts at complete substitutions are not acceptable. Deviations shall not be in conflict with the basic nature of this solicitation. Kentucky State University reserves the right to reject any and/or all deviations in whole or in part. Vendors must submit deviations pursuant to the schedule in Section 10.7 of this RFP.

Questions and deviations shall be submitted to the Kentucky State University Buyer via email at Frances.Pinkston@kysu.edu

No questions or deviations shall be accepted after the date(s) listed in Section 10.7 unless the question(s) or deviation(s) is considered material to the procurement. The Kentucky State University Buyer shall respond to salient questions in writing by issuing an addendum to the solicitation. Any addendum will either incorporate acceptable deviations into solicitation, indicate the deviation is negotiable with the successful Vendor or indicate the deviation is unacceptable. Any proposal that includes a deviation deemed unacceptable pursuant to the addendum will result in disqualification of the Vendor's proposal. The addendum shall be posted to the Kentucky State University Web site at https://www.kysu.edu/finance-and-administration/purchasing/bid-opportunities.php

The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. Kentucky State University follows KRS Chapter 45A of the Kentucky Model Procurement Code which provides the regulatory framework for procurement of services.

All applicable statutes, regulations, policies and requirements shall become a part of an award as well as any Information Technology requirements.

To view the award of contract(s) and the contractor(s) receiving the award(s) for this solicitation, access the Kentucky State University's Web site at https://kysu.edu/administration-governance/finance-business/purchasing/.

It is the Vendor's responsibility to review this information in a timely fashion. No other notification of the results of an award of contract will be provided.

I’ve following schedule presents the anticipated schedule for major activities associated with the RFP distribution and proposal submission. The University reserves the right at its

sole discretion to change the Schedule of Activities, including the associated dates and times.

Kentucky State University is a public, comprehensive, historically black land-grant University serving approximately 2,300 full-time and part-time students from around the world. The University is located at 400 East Main Street Frankfort, Kentucky. The University's 914-acre campus includes a 204-acre agricultural research farm and a 306-acre environmental education center.

The University's vision is to prepare today's students as global citizens, lifelong learners and problem solvers. Additional information about the University including the 2016-2021 Strategic Initiatives is available at https://www.kysu.edu/documents/strategic-planning/Strategic%20Plan_Brochure_ShortVersion%20_Final.pdf.

The Kentucky State University Board of Regents is the governing body of Kentucky State University. The Board consists of eleven (11) members, including a staff representative, a student representative, faculty representative and eight (8) Governor-appointed members. The Student Government Association (SGA) President serves as the Student Regent for one academic year and is replaced by his/her successor. More information about the Board of Regents is available at https://www.kysu.edu/board-of-regents/index.php

Dr. Koffi C. Akakpo currently serves as president of Kentucky State University.

The University’s fiscal year begins on July 1 and ends on June 30. The accounting and financial reporting functions of the University utilize Ellucian Banner as the current financial management system and are centralized under the Finance and Administration Office. More information about current financial status is available at http://cpe.ky.gov/data/reports/ksufinancialassessment.pdf.

There is a current banking services contract with Fifth Third Bank and Kentucky State University. This has been a long term contract with no remaining renewals. The University is always looking for opportunities to utilize banking services and new technology as they become available. The University uses nine (9) DDA accounts for day-to-day operations. There is one master with six (6) subsidiaries. In addition, there are two (2) restricted accounts: One (1) restricted account is used for international funds. One (1) restricted account is a stand-alone account holding federal funds and the balance must be held separately. This account may not earn interest but can be held as a compensating balance. Additional information regarding account services:

The University's acceptance of the Vendor's offer in response to the solicitation, indicated by the issuance of a contract award by Kentucky State University, shall create a valid contract between the Parties consisting of the following:

In the event of any conflict between or among the provisions contained in the contract, the order of precedence shall be as enumerated above.

I ne 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.

It any provision of this contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the University 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.

The contract proposed in response to this solicitation 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.

This solicitation and any resulting contract shall be governed by the laws of the Commonwealth of Kentucky, and any claim relating to this solicitation or resulting contract brought by the Vendor shall only be brought in the Franklin Circuit Court in accordance with KRS 45A.245.

In the event that either party deems it necessary to take legal action to enforce any provision of a contract resulting from this solicitation, the University and Vendor agree to pay their own respective expenses of such action, including attorney's fees and costs at all stages as set by the court or hearing officer.

As a result of this RFP, the contractual agreement with the selected Vendor will in no way obligate Kentucky State University to purchase any services or equipment under this contract. The University 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 University.

The University 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 contract modification, the Vendor shall not accept delivery orders referencing products or services not in scope of the contract.

Pursuant 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 University, and incorporated as a written amendment to the contract 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 University Buyer for consideration and decision.

I ne University 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 University.

If the University 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 University shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

The contract shall not be assigned in whole or in part without the prior written consent of the University Buyer. No portion of work shall be subcontracted without the prior written consent of the University.

The University will make payment within thirty (30) working days of receipt of contractor's invoice or 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 his representative.

The University 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 University employees. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by University employees.

"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.

The contractor shall be responsible for the proper custody and care of any University-owned property furnished for contractor's use in connections with the performance of this contract. The contractor shall reimburse the University for its loss or damage, normal wear and tear excepted.

The Vendor and the University 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 State 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.

The 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 University, 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 University 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:

The Vendor shall report to the University 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 University 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 University's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the University to continue the use of such equipment, materials, and information. The University 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 University 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 University under this agreement. The contractor agrees to pay any final judgment entered against the University on such issue in any suit or proceeding defended by the contractor. If principles of governmental or public law are involved, the University 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 Vendor shall, at its own expense, procure all necessary permits, licenses and registrations 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 Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

https://finance.ky.gov/office-of-the-secretary/office-of-equal-employment-opportunity-contract-compliance/Pages/default.aspx

Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

In the event the contractor becomes the subject debtor in a case pending under the Federal Bankruptcy Code, the University'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 University for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth.

This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the University 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.

Vendor 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.

The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "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 Kentucky State University, 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).

In accordance with KRS 45A.340, the contractor represents and warrants, and the University 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 University 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 person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, except 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 University shall have the right to reject the proposal or cancel the resulting contract without liability.

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. Kentucky State University will not disclose any portions of the proposals prior to Contract Award to anyone outside the University. After a contract is awarded in whole or in part, the University 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 University recognizes the Vendor's possible interest in preserving selected data which may be part of a proposal, the University 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, formula, 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 shall declare in the Transmittal Letter [see Section 60.6 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each sheet containing such information. Proprietary information shall be submitted under separate sealed cover marked "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.

The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

The liability of the University related to contractual damages is set forth in KRS 45A.245.

The initial term of the contract shall be the effective date of the award of contract through June 30, 2028. The contract shall include up to four (4) two-year optional renewals.

The purpose of the Offeror Qualifications section is to determine the ability of the offeror to respond to this RFP. Offerors should describe and offer evidence of their ability to meet each of the qualifications listed below.

Our supply chains and business partnerships are an important aspect of this work. In your proposal, please (A) provide your company's mission and vision relative to sustainability, and (B) how your company, through services, products, and partnerships, will help the Kentucky State University advance specific elements of the Sustainability Strategic Plan.

Indicate whether your organization is defined as “Well Capitalized” by the FDIC with total risk-based capital ratio equal to or greater than 10% and tier 1 risk-based capital ratio equal to or greater than 8%, and common equity tier I capital ratio equal to or greater than 6.5% and leverage ratio equal to or greater than 5%.

Complete the following table with current credit ratings by Standard & Poor's and Moody's. If the bank is not rated by these organizations, provide other evidence of the institution's financial strength and compliance.

Cashing of University checks The University requires that the bank cash checks drawn off of University bank accounts (on-us) presented at local bank branch locations by University students, employees, research participants and vendors at no cost to the University or check holder. Prior to cashing the check, the bank must verify each check presented is valid using the Positive Pay data provided by the University daily.

The Vendor and University will jointly establish specific formatting requirements for the University's checks. The University requires cancelled checks to be returned in Electronic format.

high level of return on its deposits and not require frequent transfers and realignments of its investment position.

Vendors are cautioned that these are historical balances and the University will review and possibly adjust its cash position in response to proposed interest rates and account arrangements.

Requirement Deleted

The university requires a smooth and low-cost transition to a new bank. The banking institution should provide a transition calendar and detail of staff available to ensure a smooth transition of each component listed in section 20.1. Further, estimated length of time for transition as well as expectations regarding the amount of effort by University staff should be outlined by service area. Included training on systems and processes should include initial training and ongoing support options.

All accounts shall run on a calendar month basis. The banking institution must provide monthly statements, account reconciliation reports, account analysis statements, canceled checks, and other report-related features. Monthly statements and account analysis statements should be received by the fifth working day of the month.

All advices affecting a debit or credit memo transaction must be provided daily and electronically. Confirmation of all wires should be provided electronically on a daily basis. Bank coding errors should be corrected within 72 hours after notification by the university at no cost to the university. The banking institution will be expected to provide custom, specialized reports from time to time.

A paid item file including check number, check amount, and date paid for all items paid in the preceding month should be available for the university to download within five (5) business days after month-end for the payroll and general disbursement accounts. All paid item data for the university shall be maintained by the bank after download for a period of one year. Unpaid items data should be made available to the university.

All proposals become the property of Kentucky State University. The successful proposal shall be incorporated into the resulting contract by reference.

Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by submitting a signed written request for its withdrawal to the Buyer.

Each qualified Vendor shall submit only one (1) proposal. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal.

The following list specifies the items to be addressed in the proposal. Offerors should read it carefully and address it completely and in the order listed to facilitate the University's review of the proposal.

Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages. It is strongly suggested that offerors use the same numbers for the following content that are used in the RFP.

Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest Form

The Vendor should complete and sign the Affidavit included as Attachment A of this solicitation. An authorized representative of the vendor shall sign where indicated on the Affidavit. If the Affidavit is not signed the proposal shall be deemed non-responsive.

Any Addenda or instructions issued by the Buyer prior to the proposal deadline shall become a part of this RFP. No instructions or changes shall be binding unless documented by a properly issued addendum. It is the Vendor's responsibility to check the web site for any modifications to this solicitation. Vendors are encouraged to acknowledge each addendum by signing and submitting the latest addendum with their response. However, signing the Affidavit as indicated above constitutes the Vendor's acknowledgement of and agreement to be bound by the terms of all addenda issued.

A transmittal letter shall be submitted on the Vendor's letterhead, and signed by an agent authorized to bind the Vendor. The Transmittal letter shall include the following:

Proposals shall be submitted in three (3) parts: The Technical Proposal the Cost Proposal and the Proprietary Information.

Proposals shall be submitted to:

Kentucky State University Attn: Fran Pinkston Academic Services Building (ASB), Suite 429 400 East Main Street Frankfort, KY 40601

Proposals shall be submitted by the RFP Closing Date and Time (both are identified on the cover page of this RFP). Bidders are cautioned to allow adequate delivery time to ensure timely delivery of bid proposals. Late bid proposals are ineligible for consideration.

The outside cover of the package containing the original and copies of the technical proposal and proprietary information shall be marked: BANKING SERVICES RFP 25-07 TECHNICAL PROPOSAL Name of Vendor Closing Date and Time

The outside cover of the package containing the cost proposal shall be marked:

BANKING SERVICES RFP 25-07 COST PROPOSAL Name of Vendor Closing Date and Time

All proposals must be received no later than the closing date and time listed on the cover page of this RFP. All submitted Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

Right to Reject/Waiver of Minor Irregularities

Kentucky State University reserves the right at its discretion to reject any and all offers. The University also reserves the right at its discretion to waive informalities and minor irregularities in offers received.

Kentucky State University reserves the right at its discretion to request additional information as may reasonably be required for selection and to reject any proposals for failure to provide additional information on a timely basis.

The following approach and criteria will be used to evaluate proposals:

Required on a pass/fail basis. Failure to comply with mandatory requirement shall result in disqualification.

Response should be based on the RFP requirements and should include the following:

The vendor shall provide a detailed response for each item in the required services section 40.2 A-P

Vendor shall provide a transition calendar and detail of staff available to ensure a smooth transition of each component listed in section 40.

The vendor should outline any other innovative practices, business strategies and value-added services, within the scope of this RFP that will be offered. This is an opportunity for the vendor to provide strategies and suggestions to distinguish it from other competing vendors. The University desires partnership with the selected vendor to provide financial literacy and responsible credit usage instruction and tools for students.

The technical Proposal should be arranged and labeled in the manner set forth above:

Offerors are to provide a fixed price for the services offered.

Mandatory Services (Section 40.2) Please complete and attach Section 40.2 to provide support for your firm fixed price bid.

This pricing pro forma for Other Services should be included within the “Financial Offer” and submitted in hard copy and electronic formats in accordance with Section 50.

The price quoted must be firm for the first two (2) years. The contract price may be adjusted at the conclusion of year four provided that a 90-day written notice is given to the Purchasing Division. Any adjustments allowed shall be firm for the duration of that two-year renewal period and must be approved by both the Contractor and the University Purchasing Division. Are you willing to provide ‘most-favored nation’ clause in the final agreement?

At the end of the second year of the contract, revisions in pricing may be requested by either party. Any increase in price must be accompanied by proof of an increase in the bank's cost of providing service and would be limited to the previous five years' change in the Consumer Price Index as published by the U. S. Department of Labor/Bureau of Labor Statistics preceding the contract anniversary date. In the event the requested revision is refused, the requesting party will have the right to withdraw from the contract.

However, the bank must continue service at the contract prices until a new contract can be established.

In addition to the above financial offer, the offeror may submit alternative financial proposals, however the information requested above must be supplied and will be used for proposal evaluation purposes.

In addition to the financial offers, please propose a financial commitment to assist the University. Options may include a signing bonus, scholarships, internships, commitment to hire University Graduates or a (%) percentage rebate.

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 Vendor or with any competitor. In addition, the Vendor is prohibited from making multiple proposals in a different form.

A committee of University officials appointed by the – Controller/CFO will evaluate proposals and make a recommendation to the Chief Procurement Officer. The evaluation will be based upon the information provided in the proposal, additional information requested by the University for clarification, information obtained from references and independent sources and oral presentations (if requested).

The evaluation of responsive proposals shall then be completed by an evaluation team, which will determine the ranking of proposals. Proposals will be evaluated strictly in accordance with the requirements set forth in this solicitation, including any addenda that are issued. The University will award the contract to the responsible offeror whose proposal is determined to be the most advantageous to the University, taking into consideration the evaluation factors set forth in this RFP.

The evaluation of proposals will include consideration of responses to the list of criteria in Section 40.0. Offerors must specifically address all criteria in their response. Any deviations or exceptions to the specifications or requirements must be described and justified in a transmittal letter. Failure to list such exceptions or deviations in the transmittal letter may be considered sufficient reason to reject the proposal. The relative importance of the criteria is defined below:

Primary Criteria

Secondary Criteria

The University will evaluate proposals as submitted and may not notify offerors of deficiencies in their responses.

Proposals must contain responses to each of the criteria, listed in Section 4 even if the offeror's response cannot satisfy those criteria. A proposal may be rejected if it is conditional or incomplete in the judgment of the University.

Kentucky State University will evaluate the Vendor's proposal based on the technical portion of the Evaluation Criteria. Each Vendor is responsible for submitting all relevant, factual and correct information with their proposal to enable the evaluator(s) to afford each Vendor the maximum score based on the available data submitted as part of the proposal.

Kentucky State University will evaluate the Vendor's Financial Proposal based on the cost portion of the Evaluation Criteria.

Maximum Points Possible 850

The lowest cost firm will receive maximum points for each element; other firms will be assigned points based on this cost formula. The Vendor with the lowest price receives the maximum score. The Vendor 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, 250 points is allocated to the lowest price criteria for this procurement. Vendor "A" bids $3.00 as the lowest Vendor and receives the maximum 250 points ($3.00 / $3.00 = 1.00 x45 = 45). Assume Vendor "B" is the next lowest Vendor at $4.00, then "B" receives 187.5 points ($3.00 / $4.00 = .75 x 250 = 187.5).

Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder

The scoring of cost is subject to 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)

Determining the residency of a bidder for purposes of applying a reciprocal preference Any individual, partnership, association, corporation, or other business entity claiming bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. Kentucky State University reserves the right to request documentation supporting a bidder's claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

The University reserves the right to hold oral presentations for up to three of the highest evaluated vendors. The same criteria shall be considered during evaluation of the presenters, however previous scores shall not be carried forward.

Kentucky State University reserves the right pursuant KRS 45A.085 and 200 KAR 5:307 to negotiate a contract with the top ranked Vendor. In the event the University cannot reach agreement with the top-ranked Vendor, it may proceed to negotiate with the next highest ranked Vendor, and so on. Terms and conditions that may be negotiated at the sole discretion of the University include but are not limited to issues related to the Technical and/or Cost proposals.

Kentucky State University reserves the right at its discretion to request Best and Final Offer (BAFO) for technical and/or cost proposals. Vendors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any Vendor will be allowed an opportunity to submit a Best and Final technical and/or cost offer.

Attachment A – Vendor Affidavit Attachment B - Vendors Question Form