STATE OF IDAHO

DIVISION OF PURCHASING

FOR

Department of Fish and Game

Invitation To Bid

Leeboy 685D Road Grader or Equal

ITB Number: 910

Table of Contents

Section 1 Administrative Information and Overview

1.1 Purpose

The State of Idaho’s (“State”) Division of Purchasing (“DOP”), on behalf of Idaho Department of Fish and Game (“IDFG”) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”), that can provide bids for the purchase of a new, 2025 or current model year Road Grader. Background information is provided in Exhibit 1. The complete scope of work is provided in Exhibit 2.

1.2 Procurement Schedule

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Opening Date:

Anticipated Award Date:

The State will make every effort to adhere to the schedule below, but reserves the right, at its sole discretion, to adjust the schedule.

July 31, 2025 @ 11:59 pm MT August 15, 2025 @ 5:00 pm MT (Note: in the event of a conflict between this document and the State’s ERP system, the closing date in the ERP system takes precedence.)

August 18, 2025 @ 10:30 am MT September 16, 2025

1.3 ITB Lead

Name:

Title & Agency:

Email:

The individual listed below (referred to as “ITB Lead”) is responsible for the conduct of this procurement. From the issue date of this ITB, until a purchase order is awarded, or the ITB is cancelled, Bidders are prohibited from communicating with any State employee, Official, or Evaluators regarding this ITB.

Jake Nay Purchasing Officer, Division of Purchasing Jake.nay@adm.idaho.gov

1.4 IPRO eProcurement System

This Solicitation is issued by the State via the State’s eProcurement system, IPRO. It is the Bidder’s responsibility to monitor IPRO for any updates or amendments.

Link: IPRO POWERED BY LUMA

1.5 Bid Opening

Link:

Dial-in:

ID:

Password:

A public bid opening will be made available via Microsoft Teams. Below is the information needed to access the call. Please review Section 1.2 for additional details.

Join the meeting now +1 208-985-2810,,209341944# United States, Boise 237 493 435 322 3 Yg9gn6dN

1.6 Questions

The Bidder SHALL review this entire ITB solicitation, including associated documents. All questions, requests for clarification, or other correspondence must be submitted in writing via email to the ITB Lead. See Exhibit 3 for additional instructions. Questions must be submitted using the table provided within Exhibit 3.

1.7 Modifications and Exceptions to Requirements, Terms, and Conditions The Bidder SHALL review the Purchase Order requirements, terms, and conditions. The Bidder is strongly encouraged to submit any proposed modifications, or exceptions to the Purchase Order requirements, terms, or conditions to the ITB Lead prior to the deadline for submitting questions. See Exhibit 4 for additional instructions. Modifications and exceptions must be submitted using the table provided within Exhibit 4.

Any modifications or exceptions that are raised after the Bid has been submitted, may be rejected by the State without further discussion. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period. Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, will be found non-responsive, and no further consideration will be given.

1.8 Amendments

The State may issue amendments to make changes to the ITB, or to respond to any questions. Amendments will be posted on IPRO. Bidders are responsible for monitoring IPRO for updates and amendments. All published amendments SHALL become part of this ITB, and must be considered by the Bidder in its Bid. Oral interpretations or clarifications of this ITB are not binding and should not be relied upon. Any verbal responses provided by the State during the pre-Bid conference are considered unofficial, and will not be binding.

1.9 Authority

This procurement is conducted in accordance with IDAPA 38.05.01 and pursuant to Title 67, Chapter 92 of the Idaho Code.

Link:

Dial-in:

ID:

Password:

Section 2 Format & Submission Requirements

2.1 Adherence to Requirements

The Bid SHALL be submitted in accordance with the requirements set forth in this document. Any Bid that does not adhere to the requirements may be deemed non-responsive and rejected. The State reserves the right, in its sole discretion, to overlook any minor informalities that may be non-compliant.

2.2 Deadline to Submit

All Bids are due at the date and time specified in the Procurement Schedule (Section 1.2). Late Bids SHALL NOT be accepted or considered. The State SHALL not be responsible for any technical issues, difficulties, or delays. Bidders are strongly encouraged to begin the process of submitting the Bid response far enough in advance of the Closing Date/Time to allow for resolution of any technical difficulties.

2.3 General Format Requirements

The Bid response must meet the following requirements:

· Be made on standard 8.5” x 11” paper size.

· Use a minimum font size of ten (10) (images, figures, graphs, charts, are excluded from this font size).

· Use a font style such as: Calibri, Arial, New Times Roman, or similar.

· The Bidder SHALL NOT embed information, embed files, or embed any links within the Submittals.

· The Bidder SHALL NOT attach additional information to any Submittal Form (unless it has been explicitly requested). Any additional attachments submitted will not be considered in the evaluation process.

2.4 Electronic Submission Instructions

The Bidder SHALL submit the Bid as follows:

· The Bid SHALL be submitted electronically through IPRO POWERED BY LUMA. The State will not accept Bids in any other manner (i.e. facsimile, email, or hardcopy submissions). All Bidders participating in this Solicitation must establish an account in the IPRO system, as it is necessary in order to process and/or award the resulting Purchase Order(s). Establishing an account is free.

Please make sure that the entity profile under which the Bid is submitted in IPRO, is the same legal entity presented in the uploaded response materials. If there are any discrepancies, the entity information provided within Submittal Form A prevails.

· The Bid must be submitted in the following packages:

* If applicable. Applies to Bids with trade secrets as discussed below.

· All electronic files must be in Adobe PDF, Microsoft Word, or Microsoft Excel format as noted in the table above.

· The Bid file(s) SHALL NOT be password protected or locked in any way.

· All submission materials must be submitted at the same time. If multiple submissions are received, only the latest timely submission will be considered.

· Alternate Bids are not allowed.

· Note: When submitting through IPRO, enter your Cost in IPRO as “$0.01,”

· Package 3: If your Bid contains trade secrets (see next Section), submit an additional redacted version. This should be labeled as Package 3 and include 'Redacted' in the file name.

2.5 Trade Secrets and Non-Public Information

The Idaho Public Records Act, Idaho Code title 74, chapter 1 (the “Act”) defines trade secrets to “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.” The Act also defines other records that may be exempt from public disclosure.

In addition to marking each page of the document with a trade secret or other exemption notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

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

· Provide a separate document entitled “List of Redacted Trade Secret and Exempt Information” which provides a succinct list of all trade secret and exempt information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/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 and how the exempting the material complies with the Act.

· Submit a redacted copy of any Bid response document (e.g. Scope of Work Response) with all trade secret and exempt information removed or blacked out. The redacted copy must be submitted electronically in the Supplier Attachments section of IPRO, with the word “redacted” in the file name.

Section 3 Evaluation & Award Procedures

3.1 Mandatory Submission Requirements

All Bids will be reviewed on a "pass" or "fail" basis to ensure compliance with all mandatory submission requirements. Bids determined by the State, at its sole discretion, to be responsive in this regard will proceed to the evaluation process outlined in this Section. Bids that do not meet the mandatory submission requirements will be deemed non-responsive. Mandatory submission requirements include, but are not limited to, the following:

· The Bid was submitted prior to the specified Closing Date and Time.

· The Bid complies with the submission instructions detailed in Section 2.4.

· The Bid includes a fully completed and signed Submittal Form A.

· The Bid includes all required Submittal Forms.

3.2 Mandatory Responsibility Requirements

The Bidder shall meet the following requirements to be eligible for award:

· Compliance with Idaho Code, Section 49, Chapter 16, “Dealers and Salesmen Licensing” (from old ITB, “Dealers and Salesmen License and Manufacturer’s Statement of Origin”).

· Ability to provide the original Manufacturer’s Statement of Origin (MSO) and an ITD 0502 Form, Report of Sale and Application for Certificate of Title, directly to IDFG upon payment.

· Bidders must comply with Idaho Code, Section 49, Chapter 16, “Dealers and Salesmen Licensing”. The dealer furnishing the road grader must provide the original Manufacturer’s Statement of Origin (MSO) and an ITD0502, Report of Sale and Application for Certificate of Title, directly to IDFG upon payment of completed Truck to the Purchase Order for titling as a new Truck.

3.3 Clarification Discussions

The ITB Lead may, in the State’s sole discretion, perform clarification discussions with the Bidder(s) to verify and validate that the Bid will meet the needs of the Agency. At any time during this period, if it is discovered that the Bidder has not met a mandatory requirement, or has failed to adequately respond to an item below, the State may find the Bidder non-responsive, and disqualify the Bid.

The Bidder(s) may be requested to address the following items:

a) Responsibility Assessment: The Bidder may be required to provide documentation to demonstrate its responsibility. Failure to provide the requested documentation may result in the Bidder being deemed non-responsible.

b) Agency Concerns: The Bidder will address or resolve any major risks, issues, concerns, obstacles, or deal-breakers that have been identified by the Agency.

c) Verify the Fee/Cost Bid: The Bidder will clarify and validate the fee/cost schedule. The Bidder will submit any additional financial data, supporting data, or substantiation requested by the Agency.

d) Provide a Project Schedule: The Bidder will provide a detailed schedule of the project (with major milestones or tasks). This should include milestones, task and proposed start and completion dates.

e) Key Assumptions: The Bidder will provide a summary of the major assumptions that have been made in preparing the Bid. This should include items/tasks that the Bidder has assumed the Agency will perform, items/tasks required from the Agency, and items/tasks that have not been included in the Bid (items that the Bidder feels are outside the scope of work). This should also include any critical expectations or responsibilities that the Bidder has of the Agency, Agency personnel, or other parties/organizations that are not contracted to by the Bidder.

f) Reference Verification: If requested, provide a list of references for the firm and each key personnel.

The clarification discussion cannot materially alter the Bid. The State does not expect to negotiate any terms or conditions requested by the Bidder, unless they were submitted by the Bidder prior to the deadline for submitting questions (see Section 1.7), or they provide the State an opportunity to secure more advantageous terms or pricing.

3.4 Best-And-Final-Offer (BAFO)

The ITB Lead, in the State’s sole discretion, may conduct discussions and negotiations with multiple Bidders. The ITB Lead may request that these Bidders provide a Best-And-Final-Offer (BAFO) cost Bid. The State reserves the right to conduct one (1) or more rounds of a BAFO with these Bidders. The revised BAFO cost Bids, along with the additional evaluation criteria and weighting outlined in Section 4.2, will be utilized to prioritize and rank the Bidders. If the State anticipates the possibility of awarding multiple purchase orders from this ITB, the State may engage in concurrent negotiations with apparently successful Bidders as deemed appropriate.

3.5 Award

An award will be made to the lowest responsive and responsible Bidder.

3.6 Resulting Purchase Order

If the State awards Purchase Order(s) from this solicitation, it will do so by issuing purchase order document(s) from Luma, the State’s ERP system. The State anticipates issuing a single purchase order document for each awarded Contractor, incorporating the Terms and Conditions, Scope of Work, Appendices, and some or all of the Bidder’s Technical Bid; however, the State reserves the right to determine the form of the resulting Purchase order(s). At its option, the State may memorialize the agreement between the State and each Contractor in one (1) or more final Purchase Order documents.

Any modifications or exceptions to the Purchase Order may be rejected by the State. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period (see Section 1.6).

EXHIBIT 1

Background Information

1. About The Department / Agency The Idaho Department of Fish and Game (IDFG) is responsible for the management and protection of Idaho’s fish, wildlife, and their habitats. IDFG ensures sustainable use and conservation through various programs, including fleet management.

2. Background Information The IDFG is purchasing a new Road Grader for use at Wildlife Management areas and Access sites throughout Region Seven (Salmon Idaho), which includes 80 miles of public and private roads accessing IDFG fish screen sites. The existing Road Grader is outdated and needs replacements to ensure reliable operations for IDFG’s field activities.

EXHIBIT 2

Specifications

1. Summary of Scope The Idaho Department of Fish and Game (IDFG) through the Idaho Division of Purchasing (DOP), is requesting Bids from qualified Vendors for the purchase of new, 2025 or current model year Leeboy 685D Road Grader or Equal in accordance with the specifications provided below.

2. Objectives and Expectations The Road Grader must be reliable, functional, and capable of grading roads at high elevations, steep, and narrow mountain passes.

3. Budgetary Expectations Costs must be fully burdened, including all fees and delivery.

4. Schedule & Term Expectations Road Grader must be delivered before January 31, 2026, due to budget constraints. See Exhibit 2 – Specifications for additional performance requirements. The State prefers delivery as soon as possible; Bidders are encouraged to propose a delivery timeline shorter than six (6) months ARO if stock is readily available, and all other requirements can be met. Any proposed timeline must be supported by documentation of availability and readiness.

5. Unique Considerations Operation at high elevations and narrow roadways.

6. Requirements Bidders must provide one (1) Leeboy 685D Road Grader meeting the minimum mandatory specifications outlined in section 6.1 Road Grader Specifications. Bidders offering an “equal” to specified brands or models must include documentation (e.g., technical specifications, test reports, manufacturer certifications) demonstrating compliance with the performance and quality standards in section 6.1 Road Grader Specifications.

The brand names and specifications specified in this solicitation are intended to be descriptive, but not restrictive; indicative of the quality and characteristics of items that meet the minimum requirements. Bidders offering an “equal” must include documentation which demonstrates, to the IDFG’s satisfaction, that the offered item(s) meets the requirement of the solicitation. In the event documentation is not satisfactory, IDFG reserves the right to seek clarification from the Bidder. Failure to provide satisfactory documentation or a clarifying response may eliminate the Bidder from further consideration.

All parts not specifically listed or mentioned in the Specifications must be manufactured standard, making a complete, fully functional Road Grader.

6.1 Road Grader Specifications – Leeboy 685D, or Equal

6.1.1 Overall Dimensions

6.1 6.1.1

6.1.1.1 The length of the Road Grader must not exceed twenty-three (23) feet

6.1.1.2 The width of the wheel base of the Road Grader must not exceed seven (7) feet ten (10) inches.

6.1.1.3 The total height with cab and beacon must not exceed ten (10) feet six (6) inches.

6.1.1.4 The base weight of the Road Grader r must not exceed seventeen thousand five hundred (17,500) pounds.

6.1.2 General Requirements

6.1.2.1 Must have a water cooled, turbo charged tier four diesel engine with a minimum one hundred and twenty (120) horsepower. Cummins, Cat or Equal brand.

6.1.2.2 Must have a minimum fuel capacity of at least thirty (30) gallons.

6.1.2.3 Must have an electric start with two (2), twelve (12) volt batteries.

6.1.2.4 Must have a minimum working speed range from zero (0) to ten (ten) miles per hour

6.1.2.5 Must have a minimum travel speed range of zero (0) to twenty (20) miles per hour.

6.1.2.6 Must have tandem drive and be gear driven.

6.1.2.7 Tandems must be able to oscillate to a minimum of fifteen (15) degrees.

6.1.2.8 Must have four (4) wheel power brakes.

6.1.2.9 Must have a hydraulically driven, articulated frame that can articulate a minimum of twenty-four (24) degrees in each direction.

6.1.2.10 Must have a maximum turning radius of twenty-two (22) feet with frame articulated.

6.1.2.11 The front axle must have a minimum wheel lean of fifteen (15) degrees in each direction.

6.1.2.12 The front axle must have a minimum fourteen inches of ground clearance at the center.

6.1.3 Cab and operators’ controls

6.1.3.1 Must have a fully enclosed cab with heat, air conditioning, a defroster with front and rear windshield washer and wiper.

6.1.3.2 Must have a cushioned fully adjustable suspension seat with adjustable pedestal for the operator.

6.1.3.3 Must have two (2) exterior convex side mirrors and one interior rear-view mirror.

6.1.3.4 Must have a color graphic control screen with digital readouts that review and monitor system vitals including coolant temperature, hydraulic oil temperature, fuel level, voltmeter, tachometer, hour meter, DEF level, percent engine load, and engine diagnostics.

6.1.3.5 Must have standard control levers control left and right-hand moldboard lift, front attachment lift, moldboard side shift, circle side shift, moldboard tilt, circle turn, articulation, front wheel lean and rear-mount scarifier control

6.1.3.6 Must have a backup alarm and horn.

6.1.3.7 Must have a minimum on one (1) 12 v DC power outlet.

6.1.3.8 Must have AM/FM radio with blue tooth connectivity.

6.1.4 Moldboard, Front Blade and Scarifier

6.1.4.1 The Moldboard must be between ten (10) and twelve (12) feet wide.

6.1.4.2 Moldboard must not be taller than twenty-four (24) inches.

6.1.4.3 Moldboard must have replaceable cutting edges.

6.1.4.4 Moldboard must have a minimum tilt of thirty (30) degrees.

6.1.4.5 Moldboard must have a minimum sixteen (16) inch shift left or right.

6.1.4.6 Moldboard height must be hydraulically controlled with float control.

6.1.4.7 Moldboard circle must be able to rotate a minimum of sixty-four (64) degrees.

6.1.4.8 The grader must have a front blade with a minimum width of eight (8) feet and thirty (30) inches tall.

6.1.4.9 Front blade must include float control.

6.1.4.10 Must have a rear mounted scarifier with a minimum of nine (9) ripper shanks with teeth.\

6.1.5 Lighting

6.1.5.1 Must have a minimum of two (2) rear LED working lights.

6.1.5.2 Must have a minimum of two (2) LED moldboard lights

6.1.5.3 Must have a minimum of two (2) front headlights, turn signals and flashers.

6.1.5.4 Must have a minimum of two (2) taillights.

6.1.5.5 Must have a minimum of one (1) amber strobe beacon located on top of the cab.

6.1.6 Rear Hitch

6.1.6.1 Must have a heavy-duty rear pintle hitch rated at a minimum of fifteen (15) tons.

7. Additional Requirements Note: In the event of conflict with the State’s Standard Terms and Conditions, or other terms, conditions or requirements contained in this ITB, the following provisions will take precedence:

7.1. Warranty, Service and Support, Maintenance, etc.

Manufacturer’s standard warranty must be included on the resulting purchase order. See Section 2.4 of the State of Idaho’s Contract Terms and Conditions, located in IPRO.

7.2. Contract Monitoring

7.3. Delivery

Delivery must comply with Article 2, Paragraph 2.5 of the State of Idaho Contract Terms and Conditions, with additional requirements as follows:

Attention Todd Duke @ 208-756-6022 M-F from 8:00 am – 4:00 pm (MT)

7.3.1. The Contractor must provide twenty-four (24) hours’ notice before delivery.

7.3.2. The Contractor must supply two (2) owners, training and support manuals with the Road Grader.

7.3.3. The Contractor must provide two (2) keys for the Road Grader.

7.3.4. The Road Grader must be prepped and ready for use when delivered.

7.3.5. The Road Grader must have at least ten (10) gallons of diesel in the gas tank upon delivery.

7.3.6. The Contractor must offload machine to ground level at IDFG Warehouse.

7.3.7. The Contractor must dispose of any delivery materials/trash.

7.3.8. IDFG will verify compliance with Exhibit 2 – Specifications upon delivery; non-compliance may result in rejection or remedies per the State of Idaho Contract Terms and Conditions.

7.4. Acceptance

Upon receipt, the Road Grader shall be inspected to ensure the requirements and specifications are met. The Acceptance period shall be for fourteen (14) calendar days from the delivery date of the Road Grader. If the Road Grader does not meet the requirements, specifications, or have discrepancies that cannot be fixed by the Contractor during the training period, a short 30-minute session going over function of the machine, maintenance, and dos and don’ts of operation, the Road Grader shall be rejected by IDFG, via email notification. The Contractor must pick-up, correct any discrepancies, and re-deliver within thirty (30) calendar days after notification from IDFG, at no additional cost to IDFG. The Acceptance period shall start over for any rejection, upon re-delivery of the Road Grader. The Road Grader shall not be accepted by IDFG until they meet all of the Purchase Order requirements and specifications.

7.5. Records Maintenance

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

7.6. Audit Rights

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

7.7. Billing Procedure

The Contractor must provide a signed invoice upon delivery. The invoice must be submitted no later thirty (30) calendar days after delivery. No invoice will be accepted or paid without receipt of required documentation. Invoices submitted without the required documentation will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

1. IPRO contract number (and name of project/product, if appropriate) and Agency PO number

2. Identification of billing period

3. Total amount billed for the billing period

4. Detailed description of services/products provided and associated # of hours/$ amounts, as appropriate

5. Name of authorized individual and contact information for Contractor

Invoices and reports are to be submitted to:

Agency Contact Person: Todd Duke Agency Name: Idaho Department of Fish and Game Address: 600 S Walnut Street, Boise, ID 83712 Email Address: accounts_payable@idfg.idaho.gov

7.8. Insurance Requirements

Within 5 days of award notification, Contractor shall provide certificates of insurance per Appendix B - Insurance Requirements (located in IPRO), including Commercial General Liability ($1,000,000 per occurrence), Commercial Automobile Liability ($1,000,000 per accident), and Workers’ Compensation ($1,000,000 limits), with the State of Idaho as additional insured.

EXHIBIT 3

Questions

General Instructions

· The ITB Lead is the sole point of contact for this solicitation.

· All questions, clarification, or other correspondence must be submitted in writing via email to the ITB Lead.

· The e-mail subject line should include the “ITB Number”, followed by “Questions” (i.e. ITB 12345 Questions).

· Questions must NOT be submitted through IPRO.

· Questions must be received by the deadline specified in the Procurement Schedule.

· The Bidder must use the table on the following page, to submit all questions or clarifications. The Bidder must adhere to the instructions below.

Instructions Regarding the Table

· Do NOT change the format, font, font style, or font colors.

· Do NOT submit any questions related to the State’s Contract Terms or Conditions. Those must be submitted using Exhibit 4.

· Do NOT identify your name, your company’s name, or product names of intellectual property in your questions.

· Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment 1”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

· Add additional rows by hitting the “Tab” key while within the table, and within the final row.

· Do not enter text in the “Response” field (column 5). This is for the State’s use only.

Bidder Questions ITB #910 Road Grader

EXHIBIT 4

Purchase Order Modifications and Exceptions Before requesting modifications or exceptions to the Purchase Order requirements, terms, and conditions, please review this document for greater context and reasoning behind key items.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

General Instructions

· The ITB Lead is the sole point of contact for this solicitation.

· All modifications and exceptions to the State’s Contract Terms and Conditions must be submitted in writing via email to the ITB Lead.

· The e-mail subject line should include the “ITB Number”, followed by “Questions” (i.e. ITB 12345 Questions).

· Questions must NOT be submitted through IPRO.

· Questions must be received by the deadline specified in the Procurement Schedule.

· The Bidder must use the table on the following page, to submit all modifications and exceptions. The Bidder must adhere to the instructions below.

Instructions Regarding the Table

· Do NOT change the format, font, font style, or font colors.

· Do NOT identify your name, your company’s name, or product names of intellectual property in your questions.

· Blanket requests to negotiate requirements, terms, or conditions will NOT be considered.

· Identify the section number, and title of the section containing the language being questioned.

· Provide the rationale for the specific requirement being unacceptable (define the deficiency).

· Provide alternative or suggested language for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

· Add additional rows by hitting the “Tab” key while within the table, and within the final row.

· Do not enter text in the “Response” field (column 5). This is for the State’s use only.

Modification & Exception Form ITB #910 Road Grader

SUBMITTAL FORM A

Background, Declarations, & Certifications

All information requested in this Submittal Form is Mandatory.

Failure to complete or respond to each question, failure to sign this Form, and failure to submit this Form may result in your Bid being deemed non-responsive.

PROJECT INFORMATION

BIDDER INFORMATION

Company Name:

Company Address:

Tax Identification Number (EIN):

DUNS Number:

☐ Limited Liability Corporation (LLC) ☐ Limited Liability Partnership ☐ Sole Proprietorship ☐ Other (specify)

CONTACT INFORMATION

Individual responsible for preparing this Bid, and who can be contacted for clarification on this Bid

Contact Name:

Title:

Email:

Telephone:

AMENDMENT ACKNOWLEDGEMENT

CONFLICT OF INTEREST

The Bidder SHALL select an option below:

☐ The Bidder declares that there ARE potential, perceived, or actual conflicts of interest that may arise as a result of their response to this ITB and/or subsequent award of Purchase Order. The Bidder SHALL attach additional information to explain the conflicts.

CERTIFICATIONS

1) Is Bidder a legal entity with the legal right to contract?

☐ Yes ☐ No

2) Is Bidder in compliance with applicable equal employment regulations?

☐ Yes ☐ No

3) Does Bidder understand and agree that for breach or violation of the above term, the State has the right to annul the Purchase Order without liability or, in its discretion, to deduct from the offered price the amount of any such fee, commission, percentage, brokerage fee, gifts, or contingencies.

☐ Yes ☐ No

4) Does Bidder affirm that it is not currently suspended, debarred, or otherwise excluded from federal or state procurement and non-procurement programs? Note: vendor information is available at https://sam.gov

☐ Yes ☐ No

5) Does the Bidder affirm that the Bid will be firm and binding for ninety (90) calendar days from the Bid opening date?

☐ Yes ☐ No

7) The Bidder confirms that it has the financial strength to perform the services required under this ITB.

☐ Yes ☐ No

8) The Bidder confirms that they can provide financial information (records, documents, etc.) and financial statements (Balance Sheet, Income Statement, and Cash-Flow Statement), to the State upon request.

☐ Yes ☐ No

9) Confirmation that the Bid meets all requirements in Exhibit 2 – Specifications.

☐ Yes ☐ No

10) If offering an ‘equal’ to specified brands or models, documentation is included in Package 3.

If this does not apply to your Bid, mark “N/A”.

☐ Yes ☐ No

* Failure to answer, or answering “No” may be grounds for disqualification. Attach additional information on any subject where the Bidder responded “No” to a question above.

CONTRACT TERMS AND CONDITIONS

Important Note: Any modifications or exceptions to the Purchase Order may be rejected by the State. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period (see Section 1.7).

* Failure to answer, or answering “No” may be grounds for disqualification. Complete the information below if you have responded “No” to the question above.

The Bidder shall review Exhibit 4 for additional information regarding the State’s Terms and Conditions. Non-material modifications or exceptions may be discussed with the apparent successful Bidder, at the discretion of the State. The State has sole discretion to determine if the modifications or exceptions would result in a material change or otherwise threaten the integrity of the procurement process. The State shall have the right to reject any and all such modifications and/or exceptions, or to call an end to such discussions, and to instruct the Bidder to amend its Bid and remove the modifications and/or exceptions. Failure to do so may result in the State finding the Bid non-responsive. The determination of materiality will be made at the State’s sole discretion. In the event that the Bidder has conditioned its Bid on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Bidder will be given the opportunity to retract the proposed modifications or exceptions from its Bid. Failure to do so will result in the Bidder’s Bid being found non-responsive, after which it will receive no further consideration.

The Bidder shall identify all modifications or exceptions to the Contract Terms & Conditions. The Bidder must use the template that is provided in Exhibit 4. Blanket requests to negotiate requirements, terms, or conditions will NOT be considered.

ATTESTATION AND SIGNATURE

This Submittal must be dated and signed by an officer or agent (“Representative”) duly authorized to execute purchase orders for the Bidder. I certify that I have read and understand this ITB and I am authorized to sign this Bid on behalf of the Bidder.

Printed Name of Representative

Signature

Date

SUBMITTAL FORM B

Bid Schedule

Instructions The Bidder must complete and submit all information requested in this Submittal Form. The State reserves the right to request additional information to verify and validate that the price proposed is fair and reasonable. The Bidder shall provide any additional information, upon request. The Bidder is not permitted to adjust or modify this form, and may not include additional rates, amounts, costs, information, exceptions, or limitations to their costs Bid. Failure to meet these requirements may deem the Bid to be non-responsive.

Lump Sum Provide the total lump sum cost for this project, and a breakdown for the items/activities shown below.

Delivery Schedule: Estimated Delivery: ____ days ARO (after receipt of order). Delivery dates exceeding January 2026 ARO will not be accepted unless justified by extraordinary circumstances and approved by the State.

Notes on Line Items:

1. Road Grader Base Price: Must include all components and features specified in Exhibit 2 – Specifications.

2. Dealer Documentation Fees: Limited to dealer-issued fees for documentation (e.g., sales certificates, manufacturer statements); does not include regulatory or title application fees, which are listed separately.

3. Application for Title Fees: No additional notes.

4. Delivery (FOB Destination): Must include all costs associated with delivery to IDFG REGION 7 HQ 99 Highway 93 North, Salmon, Idaho 83467, including transportation, trailering (if over 400 miles), and any related logistics fees, as specified in Exhibit 2.

Company Name of Bidder:

Contact Name/Phone:

Contact E-mail:

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