Commonwealth of Kentucky
MASTER AGREEMENT
CONTRACT INFORMATION

MASTER AGREEMENT NUMBER: MA 758
Effective Date:
Expiration Date:

2000000517

4/1/20

Record Date:
Procurement Folder:
Procurement Type:
Version Number:

3/31/21

Document Description: Gravity Diagnostics COVID Testing
Emergency Purchase-Goods and Services
Cited Authority:

4/1/20
426623
Special Authority Goods & Svcs
1

CONTACT INFORMATION
ISSUER:
Daniel Salvato
502-564-5862
daniel.salvato@ky.gov
VENDOR INFORMATION
Name /Address:

Contact:

KY0051563: GRAVITY DIAGNOSTICS, LLC

ANTHONY REMINGTON
855-841-7111
aremington@gravitydiagnostics.com

632 RUSSELL ST
COVINGTON KY 41011
COMMODITY / SERVICE INFORMATION
Line

Quantity

UOM

Unit Price

Service Amount

1

0.00000

EA

$51.000000

$0.00

Service From

Service To

Line Total
$0.00

COVID Testing 4-1-2020

Extended Description:
Please see terms and conditions for full description. General funds should not be used for this master agreement so EEO registration should not be required.

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Gravity Diagnostics COVID Testing

THE COMMONWEALTH OF KENTUCKY
Emergency Terms and Conditions
*******************
Scope of Work
1.
a.
b.
2.
a.

b.

c.
3.
a.

4.
a.
5.
a.

6.
a.

7.
a.

8.

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Initial Term.
April 7, 2020 thru April 30, 2020 (25 days excluding Sundays.)
50,000 samples (2,000 per day 6 days a week, excluding Sundays)
processed at $51 per sample = $2,550,000.00.
Initial Payment Terms.
State of Kentucky agrees to pay 10% upon execution of agreement
($255,000) and remaining payments will be invoiced within 5
business days of the end of the last day of the month and due NET 30.
Gravity will send the state 6,000 swabs/biohard bags upon execution
of the agreement. To assist in our COGS we request that State pay
$366,000 (6,000 X $51) net 30 so we receive a payment during April.
The final $1,989,000 will be billed end of April with net 30 terms.
($2,550,000 minus $255,000 minus $366,000)
Renewal Terms.
The agreement will renew on a month to month basis after April
30, 2020, but may be cancelled by either party without prejudice
at the end of each month to month term.
Timeline for Launch.
Immediate upon execution of the master agreement
Pricing.
State of Kentucky will pay Gravity Diagnostics [$51] for each
patient sample processed for SARS -CoV-2. This does not include
shipping.
Quantity.
In return for Gravity Diagnostics guaranteeing allocation to test up
to 2,000 per day of testing capacity for the State of Kentucky, 6
days a week for the above term, the State of Kentucky guarantees
the purchase 50,000 tests from Gravity Diagnostics on or before
April 30, 2020, regardless if test volume is actually received or not.
Reporting Sample Results.
Gravity Diagnostics will include the cost of setting up the reporting of
results as long as the requests are reasonable and feasible without
outside contracting. Gravity currently provides portal and auto-fax to
all customers.
Turn Around Time:

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Gravity Diagnostics COVID Testing

a.

b.

Samples for SARS-CoV-2 will be processed by Gravity Diagnostics
no later than 2 business days of receipt of sample. Currently
Gravity is processing samples within 24 hours of receipt of sample.
To maximize TAT and capacity we recommend 2 drop offs a day
7am and 4pm.

Standard Commonwealth Terms and Conditions
Section 1
Exception to Required Use of Contract
The establishment of this Master Agreement is not intended to preclude the use of
similar products when requested by the agency. The Commonwealth of Kentucky
reserves the right to contract for large requirements by using a separate solicitation.
Section 2
EEO Requirements
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.
http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx
Section 3
Access to Records
This contract shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.
Section 4
Provisions for Termination of the Contract
This Contract shall be subject to the termination provisions set forth in 200 KAR 5:312.
Section 5
Disclosure of Violation of Statutes
Pursuant to KRS 45A.485, contractors are required to reveal final determinations of
violation of certain statutes incurred within the last five (5) years and be in continuous
compliance with those statutes during the contract. Where applicable, the Contractor
is required to complete and submit Report of Prior Violations of Tax and Employment
Laws.
Section 6
Provisions of FAP110-10-00 shall apply to this contract. https://finance.ky.gov/
services/policies/Documents/FAP%20110-10-00.pdf
Section 7
Payment

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Gravity Diagnostics COVID Testing

The Commonwealth will make payment within thirty (30) working days of receipt of
contractor's invoice or of acceptance of goods and/or services in accordance with KRS
45.453 and KRS 45.454.
Section 8
Governing Law
This contract shall be governed by and construed in accordance with the laws of
the Commonwealth of Kentucky. Any action brought against the Commonwealth on
the contract, including but not limited to actions either for breach of contract or for
enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County,
Kentucky in accordance with KRS 45A.245.
Section 9
Approvals
This Contract is subject to the terms and conditions as stated. By executing this Contract, the
parties verify that they are authorized to bind this agreement and that they accept the terms of
this agreement.
This Contract may be executed electronically in any number of counterparts, each of which shall
be deemed to be an original, but all of which together shall constitute one and the same Contract.
This Contract is invalid until properly approved and executed by the Finance and Administration
Cabinet.

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Gravity Diagnostics COVID Testing

ATTACHMENT E
Protection of Personal Information Security and
Breach Investigation Procedures and Practices Act
Vendors that receive Personal Information as defined by and in accordance with
Kentucky’s Personal Information Security and Breach Investigation Procedures
and Practices Act, KRS 61.931, et seq., (the “Act”), shall secure and protect
the Personal Information by, without limitation, complying with all requirements
applicable to non-affiliated third parties set forth in the Act.
“Personal Information” is defined in accordance with KRS 61.931(6) as “an
individual’s first name or first initial and last name; personal mark; or unique
biometric or genetic print or image, in combination with one (1) or more of the
following data elements:
a)
An account, credit card number, or debit card number that, in
combination with any required security code, access code or
password, would permit access to an account;
b)
A Social Security number;
c)
A taxpayer identification number that incorporates a Social Security
number;
d)
A driver’s license number, state identification card number or other
individual identification number issued by an agency;
e)
A passport number or other identification number issued by the United
States government; or
f)
Individually Identifiable Information as defined in 45 C.F.R. sec.
160.013 (of the Health Insurance Portability and Accountability Act),
except for education records covered by the Family Education Rights
and Privacy Act, as amended 20 U.S.C. sec 1232g.”
As provided in KRS 61.931(5), a “non-affiliated third party” means “any
person or entity that has a contract or agreement with the Commonwealth
and receives (accesses, collects or maintains) personal information from the
Commonwealth pursuant to the contract or agreement.”
The vendor hereby agrees to cooperate with the Commonwealth in
complying with the response, mitigation, correction, investigation, and
notification requirements of the Act.

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Gravity Diagnostics COVID Testing

The vendor shall immediately notify as soon as possible, but not to exceed
seventy-two (72) hours, the contracting agency, the Office of Procurement
Services, the Commonwealth Office of Technology and the NG-KIH Program
Office of a determination of or knowledge of a breach, unless the exception
set forth in KRS 61.932(2)(b)2 applies and the vendor abides by the
requirements set forth in that exception.
The vendor hereby agrees that the Commonwealth may withhold payment(s)
owed to the vendor for any violation of the Identity Theft Prevention
Reporting Requirements.
The vendor hereby agrees to undertake a prompt and reasonable investigation of
any breach as required by KRS 61.933.
Upon conclusion of an investigation of a security breach of Personal Information
as required by KRS 61.933, the vendor hereby agrees to an apportionment of the
costs of the notification, investigation, and mitigation of the security breach.
In accordance with KRS 61.932(2)(a) the vendor shall implement, maintain,
and update security and breach investigation procedures that are appropriate
to the nature of the information disclosed, that are at least as stringent as the
security and breach investigation procedures and practices established by the
Commonwealth Office of Technology:
http://technology.ky.gov/ciso/Pages/
InformationSecurityPolicies,StandardsandProcedures.aspx

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