Administrative Document - ITB #808 ITS Canva Enterprise Edition Licensing.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

Idaho Office of Information Technology Services

Invitation To Bid

Canva Enterprise Edition Licenses

ITB Number: #808

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 the Idaho Office of Information Technologies Services (“ITS”) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”) that can provide multiple and single Canva Enterprise Edition Licensing in accordance with the specifications provided. Background information is provided in Exhibit 1. The complete scope of work is provided in Exhibit 2.

1.2 Procurement Schedule

Pre-Bid Conference (optional):

Deadline to submit questions:

Closing Date (deadline to submit Bid):

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.

Thursday, 5/8/2025 @ 1:00 PM MST via TEAMS teleconference Wednesday, 5/14/2025 @ 11:59 pm MST 5/28/2025 @ 5:00 pm MST (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.)

6/2/2025

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 contract is awarded, or the ITB is cancelled, Bidders are prohibited from communicating with any State employee, Official, or Evaluators regarding this ITB or procurement.

Mack DeYoung Buyer, Division of Purchasing Mack.DeYoung@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.

1.5 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 4 for additional instructions. Questions must be submitted using the table provided within Exhibit 4.

1.6 Modifications and Exceptions to Requirements, Terms, and Conditions The Bidder SHALL review the Contract requirements, terms, and conditions. The Bidder is strongly encouraged to submit any proposed modifications, or exceptions to the Contract requirements, terms, or conditions to the ITB Lead prior to the deadline for submitting questions. See Exhibit 5 for additional instructions. Bidders should review Exhibit 5 for guidance on non-negotiable terms before submitting modifications or exceptions. Modifications and exceptions must be submitted using the table provided within Exhibit 5. The Contract requirements, terms, and conditions are provided in Exhibit 6 [RESERVED].

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 of the Bid will be given.

1.7 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.

1.8 Authority

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

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 Contract(s). Establishing an account is free.

Link: Luma IPRO Supplier Portal Registration link

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. Documentation for “equal” products must include in Submittal Forms A &B, not Package 3.

· 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,” as a placeholder; actual pricing must be submitted in Submittal Form B.

· 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.

· Bidders must review and comply with Exhibit 2 – Scope of Work. Documentation for any ‘equal’ products offered must be submitted as part of the bid package (Package 3 above).

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 [RESERVED]

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) Technical Reviews: The Bidder will comprehensively describe the approach for meeting all of the requirements in the Scope of Work to confirm depth and breadth of technical and/or industry knowledge, with any efforts required from the Agency should addressed.

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

h) Additional Requested Documentation: If requested, provide any additional documentation that demonstrates equal equivalents offered, will match the functional requirements listed in Exhibit 2 – Scope of Work.

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 contracts 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, based on total cost.

3.6 Resulting Contract

If the State awards Contract(s) from this solicitation, it will do so by issuing Contract document(s) from Luma, the State’s ERP system. The State anticipates issuing a single contract 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 Contract(s). At its option, the State may memorialize the agreement between the State and each Contractor in one (1) or more final Contract documents.

Important Note: Any modifications or exceptions to the Contract 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).

EXHIBIT 1

Background Information

1. About The Department / Agency The Idaho Office of Information Technology Services delivers support and guides planning for executive agencies of state government.

2. Background Information ITS has identified the continued need for broad statewide use of Canva Enterprise Edition Software.

3. Existing Data Approximately Fifty (50) licenses are desired at the outset, with the ability to add single users as required after the initial set up.

4. Current Challenges Current usage of this software is outside the secure control of ITS guidelines and management. Having a direct purchase format will ensure efficient use of the product to the correct users and allow program security statewide.

5. Reference Documents Exhibit 2 – Scope of Work.

EXHIBIT 2

Scope of Work

1. Summary of Scope The Idaho Office of Information Technology Services (ITS) seeks to procure a licensing agreement for usage of the Canva Enterprise Edition software for multiple users statewide. This program will support the creative and marketing needs of ITS for the State of Idaho.

2. Objectives and Expectations The licenses must have the ability to be managed by ITS with a console and administered by multiple-system administrators.

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

4. Schedule & Term Expectations Delivery must be within forty-eight (48) hours after receipt of order (ARO).

5. Unique Considerations Beyond the initial purchase and implementation, ITS desires a program where additional licenses needed can be purchased/accessed with no minimum quantities required.

6. Requirements

6.1 Contractor must provide fifty (50) Canva Enterprise Edition licenses upon execution of agreement.

6.2 Each license must be valid for a (1) one-year commitment from the date of activation.

6.3 Contractor must allow the ability to purchase additional individual licenses on an as-needed basis throughout the term.

6.4 At the end of each annual term, a true-up or true-down process must be allowed to align the number of active licenses with actual usage needs with the renewal reflecting this adjustment for the next term.

6.5 Any licenses added mid-term must be prorated based on the current term duration of one (1) year.

6.6 Contractor must provide prorated quotes to support budget decisions.

6.7 Contractor must provide a designated account manager for ongoing support, licensing adjustments and renewal coordination.

6.7.1 Account Manager must be available Monday-Friday, 8:00AM – 5:00PM MST.

6.8 Contractor must provide administrative controls allowing for user license reassignment and training resources as part of the Enterprise Edition offering.

6.9 Contractor must invoice the initial fifty (50) licenses upon purchase with additional licenses to be billed individually or in groups (if ordered as such).

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:

a) Warranty, Service and Support, Maintenance, etc.

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

b) Contract Monitoring ITS will verify compliance with specifications upon delivery; non-compliance may result in rejection or remedies per the State of Idaho Contract Terms and Conditions.

c) Delivery Delivery must comply with Article 2, Paragraph 2.6 of the State of Idaho Contract Terms and Conditions.

d) 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 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.

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

f) Insurance Requirements Within five (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

Pre-Bid Conference (Optional) Registration Form

Instructions: Potential Bidders choosing to participate in the Pre-Bid Conference must pre-register by submitting this completed form, via e-mail, to the ITB Lead. Attendees are asked to submit this registration at least 3 days prior to the Pre-Bid Conference. A TEAMS email invite will be sent to registered attendees the day prior to the conference.

Conference date and time:

Thursday, 5/8/2025 @ 1:00 PM MST via TEAMS teleconference

As a reminder, potential Bidders are cautioned against relying on any verbal information shared during the Conference. The ITB may only be amended by written documentation, posted to the state’s eProcurement System, IPRO POWERED BY LUMA.

EXHIBIT 4

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 5.

· 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 #808– Canva Enterprise

EXHIBIT 5

Contract Modifications and Exceptions Before requesting modifications or exceptions to the Contract 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 waiver 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 #808 – Canva Enterprise

EXHIBIT 6 [RESERVED]

Contract

The resulting Contract will be issued via IPRO post-award, incorporating the State of Idaho’s Terms and Conditions, Insurance Requirements, this Administrative Document, Exhibit 2 – Scope of Work, Submittal Forms A & B, and applicable portions of the awarded Bidder’s submission.

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:

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

By checking this box, the Bidder acknowledges receipt of all amendments and has incorporated all amendments into their Bid.

CONFLICT OF INTEREST

The Bidder SHALL select an option below:

The Bidder declares that there is no potential, perceived, or actual conflicts of interest that may arise as a result of their response to this ITB and/or subsequent award of Contract.

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 Contract. 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 Contract 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 twelve (12) months 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 – Scope of Work.

☐ 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 ☐ N/A

* 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 Contract 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 5 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 provided in Exhibit 6. The Bidder must use the template that is provided in Exhibit 5. 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 contracts 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

Pricing/Fee 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 Bid costs. Failure to meet these requirements may deem the Bid to be non-responsive.

Pricing On Line Number One (1), provide the cost per license for an initial order quantity of fifty (50) and complete Total Cost column by multiplying Each Cost x 12.

On Line Number Two (2), provide per license cost for additional single licenses in the Cost Each column.

Licenses – Each

Please provide the minimum number of licenses that can purchased at one time here: ____________

Delivery Schedule: Estimated Delivery: ____ days ARO (after receipt of order).

Company Name of Bidder:

Contact Name/Phone:

Contact E-mail:

State of Idaho - Unrestricted/Public

State of Idaho - Unrestricted/Public

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