285-SourcingEvent 275.pdf

Event # 275-0 Name: Request for Quote for Mobile Kitchen

Description: This is a Request for Quote (RFQ) for a Mobile Kitchen for the Idaho Department of Juvenile Corrections (IDJC) for the Juvenile Correction Center located in Nampa, Idaho (JCC-Nampa).

Buyer: URQUHART, JASON R. Status: Open

Event Type: RFQ Currency: USD

Category: AGENCY MANAGED Sub Category: EXEMPTION

Sealed Bid: No Respond To All Lines: Yes

Q & A Allowed: Yes Number Of Amendments: 0

Event Dates Preview: Q & A Open: 12/21/2023 09:05:00 AM

Open: 12/21/2023 09:00:00 AM Q & A Close: 01/08/2024 11:59:59 PM

Close: 01/18/2024 05:00:00 PM Dispute Close:

Questions

Question Response Type

Confirm that you have read and understand the Solicitation Instructions for Vendors and the most recent version of the RFQ Document, both available in the Attachments section of this Sourcing Event.

List

The Contract(s) resulting from this RFQ will include the terms and conditions located in the Attachments section of this Sourcing Event. Failure to agree to the Terms may result in your Quote not being considered-- the state cannot agree to material changes to Terms after the RFQ closes. Do you agree to the states Terms?

Yes No Text

Does the Property you are offering meet all specifications/scope of work requirements detailed in Exhibit A - Specifications? If no, upload a detailed description of how your offered Property deviates and why those deviations should be considered "minor deviations."

Yes No

Complete and submit the attached Signature Page. Confirm that the information included matches the information in your Supplier Profile.

List

The Insurance Requirements for this solicitation are detailed in the main RFQ Document. Suppliers that do not currently hold the type/level of insurance required are strongly encouraged to contact an insurance representative to obtain a quote prior to submitting a Quote. An awarded contractor’s inability to obtain the required insurance may be grounds for termination of the contract for cause and may affect the evaluation of that supplier’s responsibility on future sourcing events. Confirm your understanding of this requirement.

List

December 21, 2023 9:08:59 AM MST Page 1

Attachments

Name Description Attachment

Main Document Main document of the RFQ. RFQ_275_Main_Doc_Mob_Kitch_JCCN.docx

Signature page Signature page IDJC Signature Page.docx

Appendix A Appendix A - Idaho Terms and Conditions Background and Limitations

Appendix+A+ID+Terms+and+Conditions.

docx

W-9 W-9 (referenced in the main document) CombinedSubstituteW9.pdf

Solicitation Instructions to Vendors Solicitation Instructions to Vendors solicitation_instructions Jan 2017.pdf

State of Idaho Standard Contract Terms and Conditions

State of Idaho Standard Contract Terms and Conditions

Standard-Terms-and-Conditions_May- 2021.pdf

Contacts

Contact Type Name Email Address

SOURCING EVENT LEAD JASON URQUHART jason.urquhart@idjc.idaho.gov

Commodity Codes

Commodity Code Description

80-13-15 Lease and rental of property or building

Line Details

Line 1: RFQ for Mobile Kitchen Description: Lease of Mobile Kitchen

Item: RFQ FOR MOBILE KITCHEN RFQ for Mobile Kitchen

Long Item Description:

This is a Request for Quote (RFQ) for a Mobile Kitchen for the Idaho Department of Juvenile Corrections (IDJC) for the Juvenile Correction Center located in Nampa, Idaho (JCC-Nampa). ENTER THE TOTAL PRICE FROM YOUR

COMPLETED EXHIBIT B - PRICE SHEET AS THE DOLLAR AMOUNT OF YOUR QUOTE.

Commodity Code:

80-13-15 Lease and rental of property or building

Quantity: 1.0000 Unit of Measure:

LO Per Unit Estimate:

75,000.0000 Extended Estimate:

75,000.00

Event # 275-0: Request for Quote for Mobile Kitchen

December 21, 2023 9:08:59 AM MST Page 2

Require Response:

Yes Price Breaks Allowed:

No Allow Alternate Responses:

No

Add On Charges Allowed:

No

Event # 275-0: Request for Quote for Mobile Kitchen

December 21, 2023 9:08:59 AM MST Page 3

STATE OF IDAHO

Idaho Department of Juvenile Corrections

RFQ 275

Mobile Kitchen

1. Purpose The Idaho Department of Juvenile Corrections (IDJC) is requesting quotes for the lease of a mobile kitchen unit (MKU) and for a mobile dishwashing unit (MDU) to be placed at the Juvenile Correction Center in Nampa, Idaho (JCC-Nampa), as further detailed below. The need for these is due to a construction projects at JCC- Nampa.

The contact for this Request for Quote (RFQ) is: Jason Urquhart, Purchasing Agent, IDJC; phone: 208-577- 5426; email: jason.urquhart@idjc.idaho.gov.

(The MDU and MKU, and if necessary, the separate dry storage unit, may be referred to in this RFQ and the Contract as unit(s) or units.)

2. Time Lines

Written questions due (by 11:59:59 p.m. Mountain time): January 8, 2024

Quotes Due (by 5:00 p.m. Mountain time): January 26, 2024

(If you cannot meet any of the specifications listed in this RFQ, you may submit a question in writing to the contact for this RFQ by the written questions due date. After the quotes are due and before the contract is awarded, IDJC will not consider requests for changes to the specifications and will not accept quotes that don’t meet all of the specifications.)

(Vendors should be able to find overhead images of the JCC-Nampa location on the internet. We do not anticipate the need for a site visit while the RFQ is out for quoting; however, if you believe you need to visit the site contact Jason Urquhart before written questions are due.)

3. Specifications See Exhibit A – Specifications.

4. Location, Placement and Connection The unit(s) must be placed by the Contractor at the following location by the date specified by Levi Griffith (Business Operations Specialist; 208-465-8443, ext 2104; levi.griffith@idjc.idaho.gov):

mailto:jason.urquhart@idjc.idaho.gov mailto:levi.griffith@idjc.idaho.gov

JCC-Nampa 1650 11th Ave North Nampa, ID 83687 Specifically, in a vacant area outside of the southeast part of the facility.

The Contractor must coordinate delivery and placement with Levi Griffith between the date of the award of the Contract and the date that the unit(s) must be operational (see section 11, Award Basis and Term).

No later than ten (10) business days after award of the Contract, the Contractor must contact Levi Griffith and coordinate optimal placement position(s) of the unit(s) so that JCC-Nampa may begin coordination with other vendors, such as an electrical contractor.

Additionally, the Contractor must coordinate removal at the end of the Contract’s term with Levi Griffith at least two (2) business days before removal is to occur.)

5. Single Unit Vendors may quote a single unit if they have a combined MKU and MDU (and dry storage unit).

6. Customer Service At no additional cost: No later than five (5) business days after award of Contract, the Contractor must provide a customer service telephone number (with voice mail) and email address. Customer service must be available between the hours of 8 a.m. to 5 p.m. Mountain time Monday through Friday, with the exception of state of Idaho observed holidays. The purpose of the customer service telephone number and email address is for JCC-Nampa to place service requests including but not limited to issues with the structure of the units, electrical, plumbing, gas issues and issues with equipment within the units. The Contractor must respond to service requests within two (2) business hours, and must have staff on site at JCC-Nampa within one (1) business day to correct issues. All issues must be corrected within one (1) business day after arriving at JCC-Nampa.

7. Billing Procedure

7.1 The monthly lease price for the MKU may be invoiced in arrears every month.

7.2 The monthly lease price for the MDU may be invoiced in arrears every month.

7.3 If there is a one-time cleaning fee, it must be invoiced no later than thirty (30) calendar days after the end of the term of the Contract.

7.4 If there is a deposit, it must be invoiced no earlier than the date that the MKU and the MDU are placed and no later than thirty (30) calendar days after that date.

7.5 If there is a delivery fee, it must be invoiced no earlier than the date that the MKU and the MDU are placed and no later than thirty (30) calendar days after that date.

7.6 If there is a pick-up fee, it must be invoiced no earlier than the date that the MKU and the MDU are removed from JCC-Nampa and no later than thirty (30) calendar days after that date.

8. W-9 We request that you submit a completed W-9 with your quote, unless you know that you are already set up as a vendor in Idaho’s Luma system. (Please note that you can be a vendor registered in IPRO, which is part of Luma, and not be set up as a vendor that is able to receive payments in the Luma system.)

9. References IDJC reserves the right to require a list of references. If IDJC identifies to the vendor that this is required, in order to be considered for award (in part), the vendor must provide a list of at least three (3) but no more than five (5) references for which the vendor has provided mobile kitchens within the last two (2) years on a similar scale (or larger scale) to that required in this RFQ. The list must include the client’s business name, the name of a contact that currently works for the client that is familiar with vendor’s work, and that client’s current business phone number and email address.

Additionally, in order to be considered for award (in part) if IDJC requires a reference list, the vendor’s references must provide feedback to IDJC that, in its sole discretion, is satisfactory, in particular regarding the vendor’s quality of work, ability to meet schedules, and communications.

10. Kick-Off Meeting IDJC reserves the right to require that the Independent Contractor attend a kick-off meeting after award but before the start of implementation. The meeting may be in-person or via conference call, in IDJC’s sole discretion. A company officer of the Independent Contractor and the Independent Contractor’s lead for the services must attend the meeting, if required.

11. Award Basis and Term

11.1 Award will be made ALL OR NONE to the responsive responsible vendor with the lowest Total Price, as provided on Exhibit B - Price Sheet.

11.1.1 IDJC reserves the right to delete any of the units (mobile kitchen unit; mobile dishwashing unit; dry storage unit) from award, and, if IDJC does this, IDJC will factor it into the evaluation.

11.2 IDJC anticipates that the term of the resulting Contract will be no more than six (6) months*, but the term is not guaranteed. The Contract may be amended, renewed or extended upon mutual agreement of the parties.

* IDJC estimates, but does not guarantee, that it needs the unit(s) operational on the JCC-Nampa site for the period of April 3, 2024 through September 19, 2024.

11.3 Please factor that the operational period may begin somewhat sooner than April 3, 2024 and may be needed for longer than through September 19, 2024 in your quote and in your decision about submitting a quote.

12. Response Complete Exhibit A – Specifications, Exhibit B – Price Sheet and the signature page, and e-mail, fax, mail, hand-deliver/courier or submit your quote (Quotation as defined in the Solicitation Instructions to Vendors) via IPRO (IPRO LOGIN) so that it is received at the location specified on the Signature Page prior to the deadline established above.

Quotes must be accompanied by a signed Signature Page, and must include all Required Submittal Items (see below).

https://purchasing.idaho.gov/information-for-vendors/

If submitting via IPRO complete Exhibit B – Price Sheet AND enter the Total Price from Exhibit B – Price Sheet in IPRO, and UPLOAD all Required Submittal Items.

List of Attachments Required Submittal Items Exhibit A – Specifications Exhibit B – Price Sheet Exhibit C – Special Terms and Conditions Appendix A – Idaho Terms and Conditions Background and Limitations W-9 Signature Page Solicitation Instructions to Vendors State of Idaho Standard Contract Terms and Conditions

Written confirmation that the unit(s) you are quoting meet all of the specifications (by unit that you quote) in Exhibit A – Specifications

Exhibit B – Price Sheet

Signature Page

Exhibit A – Specifications

REV 1

(Below are the specifications for this RFQ. The MKU you quote must meet all of the Specifications for the MKU, and the MDU you quote must meet all of the Specifications for the MDU. If you cannot meet any of these specifications, you may submit a question in writing to the contact for this RFQ by the date and time for written questions due. After the quotes are due and before the Contract is awarded, IDJC will not consider requests for changes to the specifications and will not accept quotes that don’t meet all of the specifications.)

Specifications for Delivery and Removal:

The Contractor is responsible for delivery and removal of the unit(s).

Specifications for the MKU:

(SPEC-1) It is most likely that there will be no available gray-water drain, so the Contractor must provide a minimum of one (1) two hundred (200) gallon tank into which gray water drains. JCC-Nampa will arrange for the periodic emptying of the tank.

(SPEC-2) At no additional cost: The Contractor must place the MDU in such a way so that the unit is level, and the Contractor must install any necessary skirting*. (* Since we anticipate that we will only need the MKU during what are typically warmer months, we will only require skirting if IDJC, in its sole discretion, determines that skirting is necessary to protect pipes underneath the MKU from freezing. This determination can be made at any time during the term of the Contract, and the Contractor must install the skirting within seventy-two [72] hours of notification by IDJC. Notification here means, at a minimum, an email from IDJC to the Contractor’s customer services email address.)

(SPEC-3) At no additional cost: Before acceptance by IDJC, the Contractor must make sure that all lighting, HVAC and equipment is functioning properly.

(SPEC-4) The MKU HVAC must maintain an internal temperature of no less than sixty-five degrees (65°) Fahrenheit and no more than seventy-five degrees (75°) Fahrenheit so that staff are comfortable while working in the MKU.

(SPEC-5) The MKU must have sufficient internal space for at least two (2) food service staff to work within the space at the same time.

(SPEC-6) The MKU must come with a freezer with a minimum of eighty (80) square feet of internal space and the freezer must maintain an internal temperature of zero degrees (0°) Fahrenheit. The freezer must have an external viewable thermometer so that temperature may be monitored. We request that the freezer come with shelving, but JCC-Nampa can use existing shelving if necessary.

(SPEC-7) The MKU must come with a refrigerator with a minimum of eighty (80) square feet of internal space and the refrigerator must maintain an internal temperature of thirty-eight degrees (38°) Fahrenheit. The refrigerator must have an external viewable thermometer so that temperature may be monitored. We request that the freezer come with shelving, but JCC-Nampa can use existing shelving if necessary.

(SPEC-8) The MKU must come with a commercial range with the minimum of four (4) large burners.

(SPEC-9) The MKU must come with a minimum of two (2) convection ovens each with a sufficient internal width and depth to hold a full-sized sheet pan (18” x 26”), and each having a minimum of six (6) racks. The convection ovens must each have an external viewable thermometer so that temperature may be monitored, or each must come with a thermometer that can be hanged on a shelf rack inside the convection oven.

(SPEC-10) The MKU must come with a temperature controlled (held between sixty degrees (60°) Fahrenheit and seventy degrees (70°) Fahrenheit) dry storage area that has a minimum of three hundred fifty (350) square feet of interior storage space. JCC-Nampa will provide its own shelving. If there is not sufficient space in the MKU or in the MDU to provide this amount of dry storage space, the Contractor may provide a separate temperature controlled (held between sixty degrees (60°) Fahrenheit and seventy degrees (70°) Fahrenheit) dry storage unit.

This unit will be a leased unit as well. (Please note that due to space limitations and the difficulty of making an additional electrical connection, JCC-Nampa prefers that dry storage not be provided by a separate unit.)

(SPEC-11) The MKU must have at least two (2) sinks. There must be at least one (1) handwashing sink (no specific dimension requirements) and one (1) food prep sink measuring 24” W x 24” L x 12” D.

(SPEC-12) The MKU must have counter-top space for food prep.

(SPEC-13) If the MKU uses gas, it must be propane. JCC-Nampa will arrange for the periodic filling of the tank and pay for the propane. (The Vendor must indicate whether or not it will provide the propane tank in Exhibit B

– Price Sheet. If the Vendor has indicated Yes it will, then, if awarded the Contract, must also place the tank and make the connection to the MKU, and JCC-Nampa will not be responsible for the tank having any particular amount of propane when the Contractor removes the MKU.)

Specifications for MDU:

(SPEC-14) It is most likely that there will be no available gray-water drain, so the Contractor must provide a minimum of one (1) two hundred (200) gallon tank into which gray water drains. JCC-Nampa will arrange for the periodic emptying of the tank.

(SPEC-15) At no additional cost: The Contractor must place the MDU in such a way so that the unit is level, and the Contractor must install any necessary skirting*. (* Since we anticipate that we will only need the MDU during what are typically warmer months, we will only require skirting if IDJC, in its sole discretion, determines that skirting is necessary to protect pipes underneath the MDU from freezing. This determination can be made at any time during the term of the Contract, and the Contractor must install the skirting within seventy-two [72] hours of notification by IDJC. Notification here means, at a minimum, an email from IDJC to the Contractor’s customer services email address.)

(SPEC-16) At no additional cost: Before acceptance by IDJC, the Contractor must make sure that all lighting, HVAC and equipment is functioning properly.

(SPEC-17) The MDU HVAC must maintain an internal temperature of no less than sixty-five degrees (65°) Fahrenheit and no more than seventy-five degrees (75°) Fahrenheit so that staff are comfortable while working in the MDU.

(SPEC-18) The MDU must have sufficient internal space for at least two (2) food service staff to work within the space at the same time.

(SPEC-19) The MDU must have at least two (2) sinks. There must be at least one (1) handwashing sink (no specific dimension requirements) and one (1) three-compartment sink for dishwashing (no specific dimension requirements except each compartment must be large enough to have a full sized sheet pan measuring 18” x 26” washed in it).

(SPEC-20) The MDU must have counter-top space to dry dishes measuring at least 28” W x 84” L.

(SPEC-21) If the MDU uses gas, it must be propane. JCC-Nampa will arrange for the periodic filling of the tank and pay for the propane. (The Vendor must indicate whether or not it will provide the propane tank in Exhibit B

– Price Sheet. If the Vendor has indicated Yes it will, then, if awarded the Contract, must also place the tank and make the connection to the MDU, and JCC-Nampa will not be responsible for the tank having any particular amount of propane when the Contractor removes the MDU.)

Specifications for the Dry Storage Unit (if you are quoting the lease of a separate dry storage unit):

(SPEC-22) At no additional cost: The Contractor must place the dry storage unit in such a way so that the unit is level, and the Contractor must install any necessary skirting*. (* Since we anticipate that we will only need the dry storage unit during what are typically warmer months, we will only require skirting if IDJC, in its sole discretion, determines that skirting is necessary to protect pipes underneath the dry storage unit from freezing.

This determination can be made at any time during the term of the Contract, and the Contractor must install the skirting within seventy-two [72] hours of notification by IDJC. Notification here means, at a minimum, an email from IDJC to the Contractor’s customer services email address.)

(SPEC-23) At no additional cost: Before acceptance by IDJC, the Contractor must make sure that all lighting and HVAC is functioning properly.

(SPEC-24) The dry storage unit HVAC must maintain an internal temperature between sixty degrees (60°) Fahrenheit and seventy degrees (70°) Fahrenheit.

(SPEC-25) The dry storage unit must have a minimum of three hundred fifty (350) square feet of interior storage space. JCC-Nampa will provide its own shelving.

(SPEC-26) The dry storage unit must have sufficient internal space for at least two (2) food service staff to work within the space at the same time.

(SPEC-27) If the dry storage unit uses gas, it must be propane. JCC-Nampa will arrange for the periodic filling of the tank and pay for the propane. (The Vendor must indicate whether or not it will provide the propane tank in Exhibit B – Price Sheet. If the Vendor has indicated Yes it will, then, if awarded the Contract, must also place the tank and make the connection to the dry storage unit, and JCC-Nampa will not be responsible for the tank having any particular amount of propane when the Contractor removes the dry storage unit.)

IDJC Provided Information (These are not specifications.)

INFO-1 IDJC will make or arrange for all connections and disconnections to utilities that exist at JCC-Nampa, such as electrical. It is most likely that there will be no gas or plumbing connections to utilities that exist at JCC- Nampa.

Exhibit B – Price Sheet

REV 1

This Exhibit B - Price Sheet must be submitted as part of your quote.

All prices must be firm and fixed. (IDJC may allow price adjustments at its discretion. The Contractor must request price adjustments no later than ninety (90) days before its requested date for implementing the price adjustment, and, the Contractor may not request price adjustments any more often that once annually.)

All prices must be FOB Destination.

All prices must be fully burdened, including, but not limited to, all operating and personnel expenses, such as:

overhead, salaries, administrative expenses, travel, lodging, profit, out-of-pocket expenses and supplies.

Only prices entered on Exhibit B – Price Sheet will be part of the Contract. The Contractor shall not assess any other fees or charges other than those listed as the on this Exhibit B - Price Sheet.

Do not alter this Exhibit B - Price Sheet. Altering this Exhibit B - Price Sheet may be cause for your quote to not be considered for award.

Do not submit pricing on any form or in any document other than this Exhibit B - Price Sheet. Providing your pricing on any form or in any document other than this Exhibit B - Price Sheet may be cause for your quote to not be considered for award.

In order for the Vendor’s quote to be considered for award, the Vendor must quote all Line Items.

Make and model of the MKU you are quoting: _________________________________________

Enter the serial number of the MKU here: ______________________________________

Enter the year the MKU that you are quoting was manufactured: ______________________________________

Enter the exterior dimensions of the MKU that you are quoting: ______________________________________

Are you quoting a separate MDU? ______ ______ Yes No

Make and model of the MDU you are quoting: _________________________________________

Enter the serial number of the MDU here: ______________________________________

Enter the year the MDU that you are quoting was manufactured: ______________________________________

Enter the exterior dimensions of the MDU that you are quoting: ______________________________________

Are you quoting a separate dry storage unit? ______ ______

If Yes:

Make and model of the dry storage unit you are quoting: ______________________________________

Enter the serial number of the dry storage unit here: ______________________________________

Enter the year the dry storage unit that you are quoting was manufactured: _____________________________

Enter the exterior dimensions of the dry storage area that you are quoting: _____________________________

Line Item 1. Monthly lease price for the MKU (and MDU, if you are quoting a single unit).

Subtotal, Line Item 1: $ _________________________ (The Subtotal, Line Item 1 is the monthly lease price for the MKU times six (6) months.)

(If you are quoting a separate dry storage unit, include the monthly lease price for that in the monthly lease price above for the MKU, and, for IDJC’s information, enter what the monthly lease price for the dry storage unit is here:

Line Item 2. Monthly lease price for the MDU.

Subtotal, Line Item 2: $ _________________________ (The Subtotal, Line Item 2 is the monthly lease price for the MDU times six (6) months.)

Line Item 3. One-time cleaning fee (if any)*.

Line Item 4. One-time refundable deposit (if any)*.

Line Item 5. One-time delivery fee (if any).

Line Item 6. One-time removal fee (if any).

Total Price: $ _________________________ (The Total Price is the sum of the Subtotal, Line Item 1, the Subtotal, Line Item 2 and Line Items 3 through 6.)

* Describe the circumstances in which you would not charge a cleaning fee here:

* Describe the circumstances in which we can receive our deposit back here:

(Return of deposit, if any, must occur within sixty (60) calendar days after the end of the term of the Contract.)

Related to SPEC-13, SPEC-21 and SPEC-27, identify whether or not you will provide the propane tank(s) here:

Company Name (Vendor Name):

Contact Name/Phone:

Contact Email:

Exhibit C – Special Terms and Conditions

Mobile Kitchen

C.1 Ownership or Operation by China Pursuant to Idaho Code section 67-2359, the Contractor certifies that it is not currently owned or operated by the government of China and will not for the duration of the Contract be owned or operated by the government of China. The terms in this section defined in Idaho Code section 67-2359 shall have the meaning defined therein.

C.2 Records Maintenance The Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

C.3 Audit Rights The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to the Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

C.4 Insurance Within five (5) business days of award of the Contract (or such other time as designated by the Purchasing Activity), the Contractor must provide certificates of insurance required herein and must maintain the insurance for the entire term of the Contract, including any renewal and extension terms. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the five (5) business day period may be cause for your Contract to be terminated.

The Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies.

C.4.1 Workers Compensation Insurance and Employer's Liability. The Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident or $1,000,000 each employee for bodily injury by disease.

C.4.1.1 The Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the Contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

C.4.2 Notice of Cancellation or Change: The Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

C.4.3 Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State, IDJC and their divisions, officers and employees for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles but such deductibles will not be deducted from any damages due to the State.

C.5 Notices See section 29, Notices, in the State of Idaho Standard Contract Terms and Conditions. Section 29.A is changed to read:

“A. For notice to the State, the address, phone and facsimile number are:

Idaho Department of Juvenile Corrections 954 W. Jefferson St.

Boise, ID 83702

OR

P.O. Box 83720 Boise, ID 83720-0285 Phone: 208-334-5100 Fax: 208-334-5120

Additionally, for notice to the State, the email address to use is jason.urquhart@idjc.idaho.gov, courtesy copied to scott.johnson@idjc.idaho.gov.”

C.6 Priority of Documents See section 34, Priority of Documents, in the State of Idaho Standard Contract Terms and Conditions. The last paragraph of section 34 is changed to read:

“Where terms and conditions specified in the Contractor's Bid, Proposal or Quotation differ from the terms in the Solicitation, the terms and conditions in the Solicitation shall apply. Where terms and conditions specified in the Contractor’s Bid, Proposal or Quotation supplement the terms and conditions in the Solicitation, the supplemental terms and conditions shall apply only if specifically accepted by the Idaho Department of Juvenile Corrections in writing.”

C.7 Vendor-Submitted Documents If the Vendor desires any of its documents containing terms and conditions to become part of the Contract, it must submit them as part of its quote.

IDJC will not sign those documents, and will only incorporate those documents as exhibits to the Contract, and the terms, conditions and requirements in such documents will be without effect.

(NOTE: We cannot enter into negotiations (except in very limited circumstances and only after obtaining certain authorization), even to edit terms and conditions, after the RFQ has closed (after the date that quotes are due).

Therefore, vendors should submit individual terms and conditions, not entire documents, as written questions by the written questions due date, and IDJC may consider such terms and conditions for inclusion in the Contract.)

mailto:jason.urquhart@idjc.idaho.gov mailto:scott.johnson@idjc.idaho.gov

C.8 Third-Party Agreements, Terms and Conditions IDJC can only contract with one party, and so cannot agree to third-party terms and conditions. Any third-party terms and conditions or other documents submitted by the vendor with its quote may be incorporated into the Contract as exhibits, but the terms, conditions and requirements in such documents will be without effect.

C.9 Lessor and Lessee Definitions “Lessor” means the entity from whom IDJC has leased the unit(s); the Contractor.

“Lessee” means the Idaho Department of Juvenile Corrections (IDJC).

C.10 Equipment to be Leased The Contractor (Lessor) agrees to lease the unit(s) to IDJC (Lessee).

C.11 True Lease The Contract is for a “True Lease” and not an installment or financing agreement.

C.12 Holdover Notwithstanding any language to the contrary, if IDJC fails to notify the Contractor of its intent to renew, extend or return the units at least two (2) weeks before the end of the initial term of the Contract, the Contract shall automatically be renewed for another month under the same terms and conditions.

C.13 Non-Cancellation By executing the Contract, IDJC agrees that the initial term of the Contract is a non-cancellable agreement for the duration of the initial term with the exceptions of non-appropriation, mutual termination and Contractor breach; however, this is limited to the payment of the monthly lease price(s) for the lease of the unit(s) times six

(6) (months). IDJC reserves the right to require that the Contractor remove the unit(s) at any time.

C.14 Condition of Equipment The unit(s) may be either new or used. Even if used, the unit(s) must have a clean and orderly appearance and all electrical, gas, plumbing and appliances must be operational for the entire term of the Contract, including any renewal and extension terms. Though they are not specifically covered herein, all parts necessary to provide complete and efficient unit(s) must be furnished by the Contractor and must include all accessories customarily furnished with these types of unit(s). Such parts must conform to current engineering practices of the industry relative to design, strength, quality of material and workmanship.

C.15 Confirmation and Acceptance IDJC agrees to confirm delivery, installation and acceptance of the unit(s), by signing a letter identifying acceptance of the units within five (5) business days after any equipment is placed and connections such as electrical are made.

C.16 Possession IDJC shall have possession of the unit(s) for the term of the Contract unless the Contract is earlier terminated for non-appropriation or breach, or if IDJC exercises the right to have the unit(s) removed as identified in section C.13, Non-Cancellation.

C.17 Ownership and Inspection The Contract is for leasing only. IDJC will acquire no right, title or interest in or to the unit(s), except those of an entity leasing the unit(s), as detailed in the Contract. The Contractor covenants that it has good title to the unit(s). Title of the unit(s) at all times shall remain in the Contractor’s name. IDJC shall keep the unit(s) free from any and all liens or claims and shall do or permit no act or thing whereby Contractor’s title may be encumbered or impaired.

Though the Contractor retains ownership of the unit(s), the Contractor must not remove the unit(s) before the end of the term of the Contract because IDJC is a public safety agency, and food service is a critical part of the operation of JCC-Nampa.

C.18 Property Taxes and Occupancy Permits The Contractor is responsible for the payment of any property taxes on the unit(s), and is responsible for obtaining and maintaining for the entire term of the Contract any necessary occupancy permits.

C.19 Inspection

C.19.1 The Contractor must inspect the unit(s) after set-up is complete (prior to IDJC staff or IDJC’s vendors completing connections such as electrical) and take note of the condition of the unit(s) and equipment within the units.

C.19.2 The Contractor must inspect the unit(s) on the day that the unit(s) are to be removed from JCC- Nampa (after IDJC staff or IDJC’s vendors disconnect connections such as electrical) and take note of the condition of the unit(s) and equipment within the units.

C.19.3 IDJC will permit the Contractor to inspect the unit(s) between the hours of 8 a.m. and 5 p.m.

Mountain time Monday through Friday (excepting federal holidays), upon a minimum of forty-eight (48) hours’ advance notice.

C.20 Damage, Warranty and Maintenance

IDJC shall endeavor to keep the unit(s) in as good condition as when received, ordinary wear and tear or defect excepted; and will be responsible for any damage to the unit(s) caused by IDJC’s negligence or misuse.

The Contractor shall be responsible for damage to, or loss of, the unit(s) caused by the negligence of the Contractor, the manufacturer, or from any other source other than IDJC.

The Contractor shall be responsible for maintenance and repairs of the unit(s) for the entire term of the Contract, including any renewal and extension terms. All maintenance and repairs of the unit(s) shall be of workmanlike quality, consistent with the standards of the trade, profession or industry.

The Contractor shall assign to the IDJC all manufacturers’ warranties on the unit(s) for the entire term of the Contract, including any renewal and extension terms.

All repairs and maintenance are at no additional cost.

C.21 IDJC’s Insurance IDJC, which is a state of Idaho agency, is provided a comprehensive liability plan through the Risk Management Program (Program) established under Idaho Code section 67-5773 et seq. The Program utilizes the Retained Risk Account, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code section 6-901 et seq. In addition to the comprehensive liability plan, the Program covers certain property damage, subject to the deductibles established by the Program. Evidence of financial responsibility will be provided upon request, and will consist of a Certificate of Financial Responsibility.

C.22 Mutual Termination Any discretionary or vested right of renewal notwithstanding, the Contract may be terminated by mutual consent of the parties.

APPENDIX A – IDAHO TERMS AND CONDITIONS BACKGROUND AND LIMITATIONS

RFQ 275 - Mobile Kitchen

Idaho Terms and Conditions – Background The Division of Purchasing issues solicitations on behalf of State of Idaho agencies. As public entities, the Division and the agencies it serves are subject to statutes, rules and policies that result in terms and conditions unlike those common in contracts between private parties. The Division of Purchasing does not have authority to vary many of these terms and in some instances variations are void under Idaho law. See IDAPA 38.05.01.112.

Idaho is not unique. Many of the terms in the State of Idaho Standard Terms and Conditions are similar to terms offered by most federal, state, and local government agencies. Vendors who seek to work with government agencies should become familiar with these terms. The discussion below is provided to assist you in becoming familiar with the legal and policy basis for the terms and to provide information for you to evaluate the risks and benefits of working with public entities.

Termination – Costs of Re-procurement The State of Idaho Standard Terms and Conditions provision concerning termination specifically identifies the costs of re-procurement as a damage arising from a breach of the contract by a vendor. This damage is identified because of the public agency budgeting process and the competitive solicitation process required by Idaho’s purchasing laws. The Idaho purchasing laws provide a preference for open, competitive procurements. These procurements come at a cost to the agency, which is generally included in the agency budget requested from the Idaho Legislature more than twelve months prior to incurring the expense. Unlike a private business, public agencies cannot independently pass through the costs of re-procurement to Idaho taxpayers, who are the customers of government. Instead, Idaho agencies must submit a request for the costs to the Idaho Legislature in a subsequent budget year, which is usually after the need to secure a replacement vendor for the breaching contractor arises. As a matter of public policy, the contractor whose breach caused the damage of requiring re-procurement must pay those costs at the time of breach so that the public can receive the benefit of the contract made on its behalf through re-procurement of a new contract. This policy is reflected in the State of Idaho Standard Terms and Conditions provision concerning termination and the Division of Purchasing does not generally vary this requirement.

Termination – Fiscal Necessity Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation.

Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. An appropriation can be reduced under Idaho law through “give backs” and “hold backs” issued by the executive branch. When the Division of Purchasing enters into a contract, it must contain the term allowing for termination for fiscal necessity to comply with these provisions. Variation of this term is not offered.

Anti-Discrimination/Equal Employment Opportunity Many of the Idaho agencies served by the Division of Purchasing receive federal funding that is subject to a requirement concerning a pass-through to vendors of the obligation to comply with federal civil rights and anti-discrimination laws. The pass-through obligation may extend beyond the specific federal funds to all agency contracts. Variation of this term is not offered to prevent a breach of the State of Idaho’s obligations under its agreements with the United States.

Taxes The State of Idaho Standard Terms and Conditions provision concerning taxes identifies that Idaho agencies are exempt from the payment of taxes and provides that the contractor is responsible for all taxes assessed against the contractor as a result of doing business with the State of Idaho. State agencies are not granted an appropriation to pay taxes due to the exemptions that apply to government agencies.

As discussed above under the heading Termination – Fiscal Necessity, terms in excess of appropriation are void under Idaho law. Variation of this term is not offered.

Indemnification Many vendors request the State of Idaho offer an indemnification of the vendor. An indemnification is a promise to pay funds that have not been appropriated in the current budget year or that may occur in a future budget year that has not yet been appropriated by the Idaho Legislature. Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59- 1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA

38.05.01.112 contains the same provisions. Variation of this term is not offered.

In assessing the risk of doing business with the State of Idaho, vendors should consider the following. The State of Idaho has waived its sovereign immunity for torts as described in the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. To the extent that the State or its employees have committed a tort, contractors have legal remedies available through that act. Tort liability is funded by the Idaho Legislature through an appropriation to the Retained Risk Program and appropriation issues do not arise in actions under the act. In addition, under existing Idaho court decisions, the State does not have sovereign immunity for contract claims arising from a properly entered contract. If the State is in breach of its contract obligations, contractors have the legal remedies available under any contract. Lastly, States are generally prohibited from the benefits of the federal bankruptcy laws. Unlike private companies, an indemnification clause is not required to preserve a remedy through the company’s insurer should the company declare bankruptcy.

Public Records All Idaho agencies are subject to the Idaho Public Records Act, Idaho Code title 74, chapter 1. State agencies cannot by contract vary the requirements of the Act or agree to violate the Act by withholding records properly subject to release under the Act. The State of Idaho Standard Terms and Conditions provision concerning disclosure of public records has been drafted to allow contractors to designate records as exempt under the provision of the Act if the contractor agrees to defend that designation and to indemnify the State of Idaho for any costs and penalties imposed under the Act. Variation of this term is not offered.

Assignments Idaho code section 67-9230 prohibits the transfer of a contract issued by the Division of Purchasing without written approval by the Administrator and the Idaho Board of Examiners. At the option of the Administrator, a contract transferred in violation of this provision can be annulled. Idaho Code section 67-1027 provides that the Idaho Controller shall not pay an assignee of a contract if the assignment has not been approved by the Idaho Board of Examiners. The State of Idaho Standard Terms and Conditions provision concerning assignment cannot be varied in a way that allows assignment without approval of the Administrator and the Idaho Board of Examiners.

Governing Law, Jurisdiction and Venue, Arbitration, Waiver of Jury Trial As a sovereign state, the State of Idaho is not subject to the jurisdiction of the courts of its sister states.

The Idaho legislature has not consented to the waiver of this limitation by state agencies. The 11th amendment to the United States Constitution provides limitations on the jurisdiction of federal courts over claims against the State of Idaho. IDAPA 38.05.01.112, approved by the Idaho Legislature in 2015, provides that terms subjecting the State of Idaho to the jurisdiction of the courts of other states are void.

Agencies of the State of Idaho are subject to Idaho law and cannot vary the legal provisions governing the agency by contract. Based on this limitation, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to all of a contract. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to a portion of the contract.

Idaho Code section 29-110 provides that any term of a contract subjecting a party to arbitration conducted outside the State of Idaho is void. IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to arbitration. At this time, the Office of the Attorney General does not generally advise agencies to consent to arbitration. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to an arbitration provision.

IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to wavier of the right to a jury trial. At this time, the Office of the Attorney General does not generally advise agencies to consent to waiver of the right to a jury trial. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to waiver of the right to a jury trial.

Payment Terms Idaho Code section 67-2302 establishes the general legal requirements for payments by Idaho agencies.

Among other things, this section prohibits full payment on partial deliveries and establishes a statutory rate of interest and penalties on late payments. Idaho agencies cannot vary these terms by contract.

Limitations of Liability As a public entity representing Idahoans, requests to limit the liability of a contractor are considered as matters of public policy. Limitations of liability are authorized only when it is appropriate for the taxpayers of Idaho to bear the risk of the contractor’s breach or where the limitation is in excess of any reasonable contractor liability under the contract. In general, it is the policy of the Division of Purchasing to expect contractors to secure insurance to provide for the reasonable risks of operating the contractor’s business.

As representatives of all Idahoans and a matter of public policy, the Division of Purchasing will not approve limitations of liability for death or personal injury or damage to real property.

STATE OF IDAHO

Department of Juvenile Corrections

SIGNATURE PAGE

No liability will be assumed by the Idaho Department of Juvenile Corrections for a vendor’s failure to obtain the terms and conditions and any properly issued solicitation addendums in a timely manner for use in the vendor’s response to this solicitation or any other failure by the vendor to consider the terms, conditions, and any addendums in the vendor’s response to the solicitation.

Upload in IPRO, Fax or E-mail your Quotation to: 208-855-2439 (e-mail: jason.urquhart@idjc.idaho.gov)

OR

Mail your quotation package to: Idaho Dept. of Juvenile Corrections

P.O. Box 83720

Boise, ID 83720-0285

Attn. Jason Urquhart

OR

FedEx, UPS, or other Couriers: Idaho Dept. of Juvenile Corrections

954 W. Jefferson St.

Boise, ID 83720

Attn. Jason Urquhart

This RFQ response is submitted in accordance with all documents and provisions of the specified RFQ number and title provided below. By my signature I accept the terms, conditions and requirements contained in the solicitation, including, but not limited to, the STATE OF IDAHO STANDARD CONTRACT TERMS AND CONDITIONS and the SOLICITATION INSTRUCTIONS TO VENDORS in effect at the time this RFQ was issued, as incorporated by reference into this solicitation; as well as any SPECIAL TERMS AND CONDITIONS incorporated in the solicitation documents (e.g. Software, Telecommunications, Banking, etc.). As the undersigned, I certify I am authorized to sign and submit this response for the named Vendor. I further acknowledge I am responsible for reviewing and acknowledging any addendums that have been issued for this solicitation.

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