3-26-0012 ITB.pdf

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx

Informal Bid Request for Chlorine for the

City of Sioux Falls, South Dakota

Request No. 26-0012

Prepared By: City Purchasing Office City of Sioux Falls 224 West Ninth Street P.O. Box 7402

Sioux Falls, SD 57117-7402

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx 1

Request No. 26-0012

Instructions to Bidders and Terms and Conditions for Solicitations for the Invitation for Bid (IFB)

Supplies, Equipment, Materials, or Services

1. Purpose: The purpose of this request is to provide the City of Sioux Falls with a contract for the purchase of supplies, equipment, materials, or services as specified herein.

2. Instructions to Bidders:

a. Thoroughly examine the drawings, specifications, schedule, instructions, and all other solicitation documents.

b. Make all investigations necessary to be familiar with conditions that affect the quote, such as, but not limited to, plant and facilities for delivery of material and equipment. No plea of ignorance by the bidder as a result of failure to investigate or examine conditions or failure to fulfill details of the contractual documents will be accepted as basis for varying the requirements of the City or changing the compensations due.

c. Provide all required information on the forms furnished. Print or type name on bid and sign all copies in the space and on the forms provided and upload to the e-procurement portal. Telegraphic, fax, email, and hand-delivered responses will not be accepted unless specifically authorized in the terms and conditions of the solicitation. By submission of a response, offeror affirms that no alteration of any kind has been made to this solicitation. Failure to sign the bid will render your bid nonresponsive.

d. Provide unit prices. Provide your proposed delivery time (ARO days). Include weekends and holidays in counting days or months.

e. Do not include sales taxes as the City is exempt from payment of these taxes.

f. All prices quoted are to be FOB destination, City of Sioux Falls, Sioux Falls, South

Dakota. Only FOB destination bids will be considered.

g. Use and/or excise taxes may apply to this contract and if so shall be the responsibility of the bidder. Bidders are encouraged to contact the South Dakota Department of Revenue for additional information on collection and reporting requirements. Contractors and subcontractors shall include any applicable tax in their bid price for each item.

h. All quotes must be current and final at the time of opening in order to be considered responsive.

3. Contract Period: The contract period shall be from time of award, through December 31, 2026, with four (4) options to renew annually thereafter.

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx 2

4. Completing the Bid Form: All prices for items listed must be submitted on the City’s e-procurement portal. Each bid must be signed by the bidder or authorized officer and uploaded and attached into the e-procurement portal to the bid solicitation that you are bidding.

5. Quality and Brand: The specifications included herein are the minimum specifications for each product. Bidder shall indicate brand names of products to be supplied. Any material delivered that does not meet or exceed the specifications as awarded will be rejected.

6. Alternate Products: Bids are invited on products equal or superior to the minimum specifications set out herein. Complete product literature must be attached for any alternates proposed. The City shall determine the suitability of any proposed alternates.

7. Price Discrepancies: Any discrepancies between the bid unit price and extension shall be resolved in favor of the unit price.

8. Local Preference: By virtue of statutory authority, preference will be given to materials, products, and supplies found or produced within the state of South Dakota. Bidders residing in South Dakota shall be allowed a preference over the bid of any bidder from any other state enforcing or having a preference for resident bidders, equal to such preference.

9. Conflicting Federal Rules Govern on Subsidized Projects: The letting of any public contract in connection with funds that are granted or advanced by the United States of America shall be subject to the effect, if any, of related laws of said United States and valid rules and regulations of federal agencies in charge or governing use and payment of such federal funds. Bid awards when federal funds are involved must be made to the lowest responsive and responsible bidder without regard to state preferential bid provisions.

10. Bid Guaranty: No bid guaranty is required for this solicitation.

11. Method of Award: This request will be awarded by item within forty-five (45) days of the bid opening by written notice to the lowest total responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids The City of Sioux Falls reserves the right to reject any or all lots and bids, waive technicalities, and make award(s) as deemed to be in the best interest of the City.

12. Quantities: The quantity indicated for each item in the specifications is estimated only, and the City reserves the right to order less or more as dictated by actual needs.

13. Firm Prices: Unit prices awarded shall remain firm for the entire contract period.

14. Orders, Invoices, and Payments: Purchase orders or government procurement cards will be issued/used at time of award and/or throughout the contract period for actual quantities ordered. Invoices or packing slips shall be submitted to the bill address indicated on each order. Payments shall be processed upon receipt of correct invoice (or normal procurement card process) after receipt and acceptance of each delivery.

Invoices shall be submitted to financeap@siouxfalls.gov.

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx 3

15. Questions: All questions regarding this ITB shall be sent via the email contact listed in the solicitation on the City’s e-procurement portal. If the Purchasing Division deems it to be of general interest, the answer shall be issued in a written addendum and sent to each vendor that has been sent the request for quote.

16. Withdrawal of Bids: A bid may be withdrawn by the bidder by retracting their bid in the e-procurement portal prior to the opening date and time. No bid shall be withdrawn for a period of 45 (forty-five) days after the bid opening.

17. Federal Tax ID Number: Each bidder shall state its federal tax identification number on the line provided on the bid form. The City is required to report to IRS on Form 1099 all payments involving labor or services provided by vendors, and lack of this number may delay contract payments until the number is provided.

18. Proposal as Contract: If awarded this request, the bidder’s signature shall become a binding contract to furnish the proposed and awarded items when countersigned by the Mayor via electronic signature.

19. Bid Results: Results of bid openings will be available after the opening by visiting the e-procurement portal at siouxfalls.bonfirehub.com or at siouxfalls.gov. After an award has been made and signed by the Mayor, all bids and related information will be on file in Purchasing for public review. Bid results are available via siouxfalls.bonfirehub.com. Sign in using your login and search the solicitation you want to view.

20. Nonappropriation of Funds: In the event funds are not budgeted or appropriated for any fiscal year, purchase under this contract shall impose no obligation on the City of Sioux Falls and shall become null and void except as to the purchases agreed upon for which funds have been appropriated or budgeted, and no right of action or damage shall accrue to the benefit of the bidder/contractor, its successors or assignees, for any further payments.

21. Right to Protest: Any bidder who is aggrieved in connection with the award of a contract may contact the Purchasing Manager to discuss the basis for a bid award.

Venue and jurisdiction for any appeals from the award decision are in the South Dakota Circuit Court in Minnehaha County. Such protests and appeals regarding the request for bids and bid proposals are governed by and must be construed in accordance with South Dakota law.

22. Addendum: Changes to the specifications of the request for quote will be issued by addendum and sent to bidders. The bidder will be responsible for adjusting their price if necessary.

23. Entering into Contract: After receiving notice of a contract award, the successful bidder shall enter into a contract with the City within the time specified in the invitation for bids or request for proposals. If any bidder fails to timely enter into the contract, the contract may be awarded to the next lowest bidder unless all bids or proposals are rejected. The defaulting bidder shall be responsible for the difference in price.

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx 4

24. Recovery from Defaulting Bidder: If any successful bidder fails to fulfill the conditions of an awarded contract, the City may proceed to recover from the defaulting party whatever damages may have been sustained as a result of the default. The City shall have all remedies provided in the contract and provided by law.

25. Disallowance of Noncomplying Bid or Offer, Contracts in Violation Void: Any bidder or offeror who fails to comply with the provisions of SDCL 5-18A, 5-18B, 5-18C, and 5-18D, or who provides any false information in the submission of any bid or offer is subject to having their bid or offer disallowed by the City. Any contract entered into in violation of SDCL 5-18A, 5-18B, 5-18C, and 5-18D is null and void.

26. Hold Harmless: The contractor agrees to defend, indemnify, and hold harmless the City from all claims or liabilities including, but not limited to, attorneys’ fees and/or expert witness fees, arising out of the services furnished under this contract, and for death, bodily injury, or property damage arising out of services furnished under this contract, providing that such claims or liabilities are the result of an act, error, or omission of the contractor and/or its employees/agents arising out of the services described in the contract.

27. Civil Rights Requirements: The successful bidder shall be subject to the provisions of Chapter 98 of the Code of Ordinances of Sioux Falls, SD. It is declared to be discrimination for the successful bidder, because of race, color, sex, creed, religion, ancestry, national origin, or disability, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful, or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment.

If the successful bidder is guilty of discrimination, this contract may be terminated in whole or in part by the City and the successful bidder shall be liable for any costs or expense incurred by the City in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under the contract so terminated or canceled.

Should the Sioux Falls Human Relations Commission in a proceeding brought as provided by the Code of Ordinances of Sioux Falls, SD, find that the successful bidder has engaged in discrimination in connection with this contract and issue a cease and desist order with respect thereto, the City shall withhold up to 15 percent of the contract price until such time as the Commission’s order has been complied with or the successful bidder has been adjudicated not guilty of such discrimination.

The successful bidder will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the Commission, its agencies or representatives, to ascertain compliance with the above provisions.

This section shall be binding on all subcontractors or suppliers.

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx 5

Bid Request No. 26-0012 Additional Terms and Conditions

Terms and Extension:

Contracts will remain in force for the term specified and all articles ordered before the date of termination shall have been satisfactorily delivered and accepted unless:

a. Terminated prior to the expiration date by satisfactory delivery against orders of entire quantities.

b. Extended upon written authorization of the City and accepted by vendor to permit ordering of unordered balances or additional quantities at contract price and in accordance with contract terms.

c. Extended by exercise of option as follows: The City may extend the contract subject to approval of the vendor. Notice of the extension shall be given by the City to the vendor and the vendor shall notify the City of its acceptance of the extension.

d. Extended by exercise of option as follows: The City offers to extend the contract, the vendor may request a price escalation as a condition of its acceptance. Written requests for price escalation must be supported by dated manufacturer’s printed price sheets or similar documentary evidence. This evidence must be presented to the City Finance office, and if approved, the new pricing will become effective after the date of approval of the extension. Price increases will be allowed for the actual cost of the price increase from the manufacturer to the supplier only and must be presented as a percentage of increase, which will be used to adjust vendor pricing to the City. The City may request a price decrease if it determines market conditions have changed to benefit the City. If an agreement cannot be reached by the vendor and the City on escalation or de-escalation, the City reserves the right to terminate the contract.

e. Price increases will not be considered until the contract has been in effect for 90 days. Written requests for price increases must be supported by dated manufacturer’s printed price sheets or similar documentation. Price increases will only be allowed for the actual cost of the price increase from the manufacturer to the supplier.

Price increases due to tariffs may be requested at any time after the contract is in effect. A tariff price increase may only be approved if the tariff is imposed or increased after the bid or proposal is submitted. Acceptable forms of documentation to justify a price increase due to tariffs include, but are not limited to:

1. Official government notice or publication imposing the tariff.

2. Customs documentation or duty payment receipts reflecting the tariff.

3. Vendor purchase orders and invoices received for supplies and services.

4. Documentation on when items were ordered and received.

5. A cost breakdown comparing pre-tariff and post-tariff expenses for affected goods or services.

S:\AS\Pur\2026\22- Water Pur\26-0012 Water Treatment Chemicals\26-0012 ITB.docx 6

The request and documentation must be presented to the City Finance office, and if approved, the increase will become effective after the date of approval, unless otherwise stated. Price increases may be presented as a fixed dollar amount or percentage of increase, which will be used to adjust vendor pricing to the City. No price increase will be permitted to increase the vendor’s profit.

A price increase due to tariffs will end if the tariff is reduced or terminated. For changing market conditions, the City may request a price decrease if it determines that market conditions have changed to benefit the City. If an agreement cannot be reached by the vendor and the City on an increase or decrease, the City reserves the right to terminate the contract.