1-Instructions to Vendors.pdf

Procurement Services

• 1303 E. Central Drive, Meridian, ID 83642 ● Phone: 208-855-4500 ● procurement@westada.org

INSTRUCTIONS TO VENDORS

1. AUTHORITY TO PROCURE:

The Board of Trustees, Procurement Services Administrator or the Administrator’s delegates are the only statutory agents authorized to execute Contracts for the procurement of goods and services, unless exempted pursuant to statute or rule.

2. E-PROCUREMENT:

The Joint School District No. 2, dba West Ada School District, Procurement Services Department, utilizes Bonfire, an electronic procurement system. Depending upon which profiling options vendors select in Bonfire, vendors may be sent e-mail notifications of acquisition opportunities on those Solicitations electronically posted.

3. ELECTRONIC SIGNATURES:

The District specifically allows for electronic signatures on responses submitted to formal solicitations.

Bonfire processes all information electronically. Signatures by both the submitting Vendor and the District when using Bonfire may be electronic and electronic signatures used with Bonfire are as fully binding and legal for the District’s procurement process as a manually affixed signature. Any reference in these Instructions to Vendors to “signed,” “signature,” “manually signed in ink,” or equivalents will include electronic signatures.

4. AWARD METHOD:

In a low bid situation, Contracts may only be awarded to the "Lowest Responsive Bidder." The Lowest Responsive Bidder is defined as “The responsive bidder whose bid reflects the lowest acquisition price to be paid by the District.” In a Request for Proposal or Qualifications process, where cost is not the only consideration, a comparative performance evaluation is performed on all submissions. Contracts are then awarded to the highest scoring respondent. When deemed to be in the best interest of the District, and set forth in the Solicitation documents, additional consideration may be given to the elements of discounts, supply location, quality of products or previous service, delivery time, or other elements.

5. ADDENDA:

It will be the Vendor’s responsibility to check for any addenda to the solicitation documents prior to submitting a Bid, Proposal, or Quotation. In the event it becomes necessary to revise any part of the Solicitation, addenda will be made available via Bonfire. Information given to one Vendor will be available to all other Vendors if such information is necessary for purposes of submitting a Bid, Proposal or Quotation, or if failure to give such information would be prejudicial to uninformed Vendors.

1303 E. Central Drive, Meridian, ID 83642 ● Phone: 208-855-4500 ● Fax: 208-350-5962

6. EFFECTIVE DATE OF CONTRACT:

No Contract is effective until the authorized District official has signed the Contract (which signature may be electronic), and the effective or award date has passed. The Vendor shall not provide any goods or render services until the Contract has been executed by the District’s official and the Contract has become effective. Furthermore, the District is in no way responsible for reimbursing the Vendor for goods provided or services rendered prior to execution by the authorized District official and the arrival of the effective date of the Contract.

7. ECONOMY OF PREPARATION:

If submitting a response to a solicitation, responses should be prepared simply and economically, providing a clear, complete, and concise description of the Offeror’s capabilities to satisfy the District’s requirements.

8. SPECIFICATIONS:

Specifications describe the Property, Services or Construction the District wishes to acquire or have done.

Vendors are encouraged to review the specifications closely and present written questions via Bonfire within the time prescribed in the Solicitation to the designated purchasing official. See also Paragraph 11 on Administrative Appeals. The District is prohibited from accepting Property or Work that does not meet the minimum specifications.

9. LAWS:

The laws governing the District’s purchases of goods and services are found in Idaho Code Section 67- 2805 through Section 67-2809 available on the Internet at https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch28/ . It is the Vendor's responsibility to conform to ALL applicable federal, state and local statutes or other applicable legal requirements. The information provided herein is intended to assist Vendors in meeting applicable requirements but is not exhaustive and the District will not be responsible for any failure by any Vendor to meet applicable requirements.

10. PREFERENCE FOR IDAHO SUPPLIERS FOR PURCHASES:

Idaho preferences are governed by Idaho Code Section 67-2801 (Legislative Intent), 67-2349 (Reciprocal Preference), and Idaho Code Section 60-101 – 103 (Printing).

11. ADMINISTRATIVE APPEALS:

The laws applicable to administrative appeals pertaining to the bid specifications are set forth at Idaho Code Section 67-2805(1c)(2ii), 67-2806(1c)(2c). The laws applicable to administrative appeals pertaining to bid awards are set forth at Idaho Code Section 67-2805(2x), 67-2806(2j).

12. SUBMISSION FORMS:

A. Submission Forms – Electronic – For Vendors using Bonfire, proper completion of the electronic forms is required.

B. Submission Forms –Vendor warrants by submitting a Bid, Proposal or Quotation that it accepts the West Ada School District’s Standard Contract Terms and Conditions and the Solicitation Instructions to Vendors, and any Special Terms and Conditions identified in the Solicitation.

13. BID AND REQUEST FOR PROPOSAL SUBMISSIONS:

A. Bid Submissions – Electronic – For Bids or Proposals submitted electronically via Bonfire, the submitting Vendor is the individual or entity as it is profiled in Bonfire. If Vendor’s submittal includes a signed District supplied signature page which identifies a different legal entity than the Bonfire profile under which the Bid or Proposal was submitted, the submitting Vendor is the individual or entity identified on the District supplied Signature Page. Vendors submitting electronically must complete all steps in the Bonfire submission process prior to the scheduled closing date and time.

B. Late Submissions – It is the submitting Vendor’s responsibility to ensure that its Bid, Quotation, or Proposal is electronically submitted to the place designated for receipt prior to the specified closing time.

Late submissions will not be considered under any circumstances. The official time used in the receipt of manual bidder surety submissions is determined by the time/date stamp applied by the receptionist located at the physical address designated for receipt of surety payments. Electronic submissions will use Bonfire’s timestamp to determine receipt time. No responsibility will be assumed for delays in the delivery of mail by the U.S. Post Office, private couriers, the intra-District mail system, or for the failure of any computer or electronic equipment. LATE SUBMISSIONS WILL NOT BE CONSIDERED.

14. TABULATION INFORMATION:

Electronic Opening – Electronically distributed Solicitations will contain detailed information regarding closing/opening dates and times. Vendors may attend openings of Solicitations at the place, date, and time specified on the Solicitation. At that time, for Bids, the names of Bidders and Bid amount will be announced, for Proposals, only the names of the Proposers will be announced. No other information will be disclosed at that time. Individuals may request tabulation information when it becomes available. No tabulation information will be given over the phone.

15. TERMS AND CONDITIONS OF ENSUING CONTRACT:

Any ensuing Contract will be governed by the West Ada School District Standard Contract Terms and Conditions, any applicable Special Terms and Conditions and, if applicable, any negotiated provisions, all as specified in the Solicitation. Unless otherwise identified in the Solicitation, no additional or supplemental terms and conditions submitted by the submitting Vendor as part of its response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect and shall be inapplicable to the Solicitation and any ensuing Contract. If additional or supplemental terms and conditions, either intentionally or inadvertently appear separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that West Ada School District Standard Contract Terms and Conditions and any Special Terms and Conditions in the Solicitation are the only conditions applicable to the Solicitation and any ensuing Contract and the submitting Vendor's authorized signature affixed to the signature page form attests to this. If you condition your Bid or Proposal on such additional terms and conditions, your Bid or Proposal will be deemed nonresponsive.

IF YOU HAVE QUESTIONS OR CONCERNS REGARDING THE DISTRICT’S TERMS AND CONDITIONS, ADDRESS THEM IN WRITING TO THE DESIGNATED PURCHASING OFFICIAL WITHIN THE TIME PERIOD PRESCRIBED

PRIOR TO THE SOLICITATION CLOSING DATE.

16. WITHDRAWALS OR MODIFICATION:

A. Solicitation Withdrawals – Electronic – A submitting Vendor using Bonfire may withdraw a previously submitted Solicitation response at any time prior to the closing by submitting another response with a zero-unit price for each affected line item of the Solicitation and inserting the words “WITHDRAWAL OF PREVIOUSLY SUBMITTED BID” in the comments field for each affected line item or may select the “INTENTIONAL NO BID” checkbox in Bonfire.

B. Solicitation Modification – Electronic – A submitting Vendor using Bonfire may modify or change a previously submitted Solicitation response at any time prior to the closing by amending its solicitation response in Bonfire and resubmitting (i.e. adding or removing attachments, modifying pricing, etc.).

17. REJECTION OF BIDS AND PROPOSALS AND CANCELLATION OF SOLICITATION:

Prior to the issuance of a Contract, the District shall have the right to accept or reject in its entirety or any part therein a Bid, Proposal or Quotation or to cancel a Solicitation. Cancellation may be for reasons that include, but are not limited to: when: (i) it is in the best interests of the District; (ii) the Bid, Proposal or Quotation does not meet the minimum specifications; (iii) the Bid, Proposal or Quotation is not the lowest responsive Bid, Proposal or Quotation; (iv) inadequate or ambiguous specifications; (v) specifications have been revised; (vi) Property is no longer required; (vii) there is a change in requirements; (viii) all submissions are deemed unreasonable or sufficient funds are not available; (ix) Bids, Proposals or Quotations were not independently arrived at or were submitted in bad faith; (x) it is determined that all requirements of the Solicitation process were not met; (xi) insufficient competition or (xii) the item offered deviates to a major degree from the specifications, as determined by the District (minor deviations, as determined by the District, may be accepted as substantially meeting the Solicitation requirements). Deviations will be considered major when such deviations appear to frustrate the competitive Solicitation process or provide a submitting Vendor an unfair advantage.

18. BURDEN OF PROOF:

It shall be the responsibility and burden of the submitting Vendor to furnish, with its original submission, unless otherwise provided in the Solicitation, sufficient data for the District to determine whether or not the property offered conforms to the specifications.

19. ALTERNATE BIDS:

Multiple bids submitted by a single submitting Vendor, or a submitting Vendor’s alternate bids, WILL NOT

BE ACCEPTED UNLESS SO STATED IN THE SPECIFICATIONS.

20. DISCOUNTS:

Discounts, when applicable, shall be shown in a single net percentage figure (e.g. 57-1/4% instead of 50, 10, and 5 percent). DISCOUNTS FOR PROMPT PAYMENT WILL BE ACCEPTED BUT CANNOT BE USED IN

DETERMINING THE LOWEST BID.

21. UNIT PRICES GOVERN:

Unit prices shall govern. IMPORTANT: Prices must be given in the "unit of measure" required in the Solicitation. Example: If the Solicitation requires an item by the "piece," submit pricing by the "piece." If the Solicitation requires an item by the "foot," submit pricing by the "foot."

22. FIRM PRICES:

The submitting Vendor agrees that its Bid, Quotation or Proposal shall be good and may not be withdrawn for a period of sixty (60) days after the scheduled closing date, unless otherwise identified in the Solicitation. No Bid, Quotation or Proposal will be accepted if marked "price prevailing at time of delivery,” “estimated prices,” “actual costs to be billed,” or similar phrases. After the date and time of closing, no price change will be allowed, unless otherwise stated in the Solicitation. All Bids, Quotations and Proposals must be in U.S. Dollars.

23. ORAL INFORMATION:

Questions concerning a Solicitation must be directed in writing to the designated procurement official in the period of time prescribed in the Solicitation. Bids, Proposals, or Quotations deviating from the specifications by any means other than that which is allowed by an addendum to the Solicitation written and issued by the District will be subject to rejection. The District will not be responsible for any verbal or oral information given to Vendors by anyone other than an authorized procurement official who has provided information in writing. Reliance on any oral representation is at the Vendor’s sole risk.

24. GOVERNMENTAL USE ONLY:

Unless otherwise noted in the Solicitation, all purchases made pursuant to the Solicitation are for the internal use of government only and will not be resold to the general public. Upon request, the District will issue a certification that all purchases made pursuant to the Solicitation are intended for the internal use of government and will not be resold to the general public.

25. PUBLIC RECORDS:

A. The Idaho Public Records Law, Idaho Code Sections 74-101 through 74-126, allows the open inspection and copying of public records. Public records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by a State Agency or a local agency (political subdivision of the state of Idaho) regardless of the physical form or character. All, or most, of the information contained in your response to the solicitation will be a public record subject to disclosure under the Public Records Law. The Public Records Law contains certain exemptions. One exemption potentially applicable to part of your response may be for trade secrets.

Trade secrets include a formula, pattern, compilation, program, computer program, device, method, technique, or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy. If you consider any material that you provide in your Bid, Proposal or Quotation to be a trade secret, or otherwise protected from disclosure, you MUST so indicate by marking as “exempt” EACH PAGE containing such information. Marking your entire Bid, Proposal or Quotation as exempt is not acceptable or in accordance with the Solicitation or the Public Records Law and WILL NOT BE HONORED. In addition, a legend or statement on one (1) page that all or substantially all of the response is exempt from disclosure is not acceptable or in accordance with the Public Records Law and WILL NOT BE HONORED. Prices that you provide in your Bid, Proposal or Quotation are not a trade secret. The District, to the extent allowed by law and in accordance with these Solicitation Instructions, will honor a designation of nondisclosure. Any questions regarding the applicability of the Public Records Law should be addressed to your own legal counsel PRIOR TO SUBMISSION of your Bid, Proposal or Quotation.

B. If your Bid, Proposal or Quotation contains information that you consider to be exempt, you must also submit an electronic redacted copy of the Bid, Proposal or Quotation with all exempt information removed or blacked out in addition to an unredacted copy. The District will provide this redacted Bid, Proposal or Quotation to requestors under the Public Records Law. Submitting Vendors must also:

1. Identify with particularity the precise text, illustration, or other information contained within each page marked “exempt” (it is not sufficient to simply mark the entire page). The specific information you deem “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise be clearly distinguished from other text or other information and be specifically identified as “exempt.”

2. Provide a separate document with your Bid, Proposal or Quotation entitled “List of Redacted Exempt Information,” which provides a succinct list of all exempt material noted in your Bid, Proposal or Quotation. The list must be in the order in which the material appears in your Bid, Proposal or Quotation, identified by Page#, Section#/Paragraph#, Title of Section/Paragraph, specific portions of text or other information; or in a manner otherwise sufficient to allow the District to determine the precise material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

C. Vendor shall indemnify and defend the District against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring a designation of exempt or for the Vendor’s failure to designate individual documents as exempt. The Vendor’s failure to designate as exempt any document or portion of a document that is released by the District shall constitute a complete waiver of any and all claims for damages caused by any such release. If the District receives a request for materials claimed exempt by the Vendor, the Vendor shall provide the legal defense for such claim.

26. LENGTH OF CONTRACT:

The District may enter into Contracts, including leases and rentals, for periods of time exceeding one (1) year provided that such Contracts contain no penalty to or restriction upon the District in the event cancellation is necessitated by a lack of financing for any such Contract or Contracts.