Amendment 1 Admin Doc - ITB 1336.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

IDAHO TRANSPORTATION DEPARTMENT

Invitation To Bid

Highway Delineation

ITB Number: 1336

Amendment 1

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 Division of Public Works (“DPW”) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”), that can that can provide various types of highway delineation on an as-needed basis. Background information is provided in Exhibit 2. General Requirements are set forth in Exhibit 3. Specifications provided in Exhibit 4.

1.2 Procurement Schedule

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Opening Date:

Bid Opening Link:

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

June 17th @ 11:59 pm MT See IPRO Event Main Page for current closing date and time.

July 810th @ 10:30 am MT https://teams.microsoft.com/meet/298291082318054?p=E5q8iXBQmMs5HzlUVF

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.

Matt Batten Sean Hogan Purchasing Officer, Idaho Division of Purchasing matt.batten sean.hogan@adm.idaho.gov

1.4 Pre-Bid Conference Call

A non-mandatory pre-bid conference call will be held on Friday, June 12th, 2026 @ 9:00am MT to provide an overview of the ITB process, the scope of work, and submission requirements. While attendance is highly encouraged, it is not mandatory. The meeting will be conducted virtually, with the access link provided to all interested participants who submit Exhibit 6 to the ITB Lead.

To inform the State of your planned interest and attendance, please complete and submit Exhibit 6 to the ITB Lead no later than 5:00 PM, Mountain Time, Wednesday, June 9th, 2026.

1.5 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

THE ADMINISTRATIVE FEE DETAILED IN ARTICLE 5 OF THE STATE’S STANDARD CONTRACT TERMS AND CONDITIONS WILL NOT APPLY TO THE CONTRACT(S) THAT RESULT FROM THIS SOLICITATION.

1.7 Questions

The Bidder must 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 7 for additional instructions. Questions must be submitted using the table provided within Exhibit 7.

1.8 Modifications and Exceptions to Requirements, Terms, and Conditions

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7. Vendors are strongly encouraged to submit any proposed modifications to the requirements, terms, or conditions of the ITB on Exhibit 8 – Modification and Exception Form prior to the deadline to submit questions. Questions regarding these requirements must contain the following:

0. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

0. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

0. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

7. In the event that a Bid contains modifications or exceptions to any Solicitation requirements, terms, or conditions which are not addressed during the question-and-answer period, they must be identified and submitted on Exhibit 6 - Modification and Exception Form and must contain the same information outlined in Section 1.8, above. The State will not consider any modifications or exceptions that are not identified specifically on Exhibit 6.

7. The State has sole discretion to determine if the modifications or exceptions submitted by a Bidder would result in a material change or otherwise threaten the integrity of the procurement process. Pursuant to IDAPA 38.05.01.084.e, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated. If 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.

7. Non-material modifications or exceptions may be discussed with the apparent successful Bidder, at the discretion of the State; however, 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.

1.8.5 Except as otherwise provided within the Solicitation, the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the ITB Closing Date.

1.9 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 must 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.

1.10 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 must 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 waive any minor informalities or immaterial non-compliance.

2.2 Deadline to Submit

All Bids are due at the date and time specified in the Procurement Schedule (Section 1.2). Late Bids must not be accepted or considered. The State must 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:

2.3.1 The Bidder must not embed information, embed files, or embed any links within the Submittals.

2.3.2 The Bidder must 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.

2.3.3 Cost information must only be contained within the Bid Schedule Submittal Form. No other document or Submittal Form may contain cost or pricing information.

2.4 Electronic Submission Instructions

The Bidder must submit the Bid as follows:

2.4.1 The Bid must 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.

2.4.2 The Bid must be submitted in the following forms:

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

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

2.4.4 The Bid file(s) must not be password protected or locked in any way.

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

2.4.6 Alternate Bids are not allowed.

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

2.4.8 If your Bid contains trade secrets (see Section 2.5), submit an additional redacted version. This submittal must have '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:

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2.5.1 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.”

2.5.2 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.

2.5.3 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

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:

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

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

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

3.1.4 The Bid includes all required Submittal Forms

1. Mandatory Responsibility Requirements The Bidder must meet the following requirements to be eligible for award:

3.2.1 The bidder must be an authorized dealer for the specified highway delineator products.

1. 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.

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3.3.1 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. IDAPA 38.05.01.81

3.3.2 If requested, provide any additional documentation that may be requested, which may include a detailed project/work plan, testing and commissioning plan, training, change management plan, safety plan, staffing plan, operational plan, maintenance plans, warranties, bonding and insurance, background checks, etc.

3.3.3 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 1.8), or they provide the State an opportunity to secure more advantageous terms or pricing.

1. Best-And-Final-Offer (BAFO) The State reserves the right to request Best and Final Offers (BAFOs) from Bidders. If BAFOs are requested, the State will issue written instructions to the selected Bidders identifying the scope of the BAFO request and the deadline for submission. Bidders must not modify any aspect of their Bid except as specifically requested by the State. BAFO responses must be submitted in accordance with the instructions provided. Failure to submit a BAFO, if requested, may result in the Bidder’s original Bid being considered as its final offer.

1. Award Award will be made to the responsive, responsible Bidder(s) providing the lowest Total Cost for each group of line items, as provided on Submittal Form B – Bid Schedule. More than one (1) award may be issued from this solicitation.

The State also reserves the right to make multiple awards in accordance with Section 67-9211 of Idaho Code in the best interest of the State.

1. Resulting Contract If the State awards Contract(s) resulting from this solicitation, it will do so through issuance of a Blanket Purchase Order (BPO) in the State’s ERP system (Luma). The State anticipates awarding a single Contract under this solicitation, which will incorporate the Terms and Conditions, Scope of Work, General Requirements, Insurance Requirements, and any other applicable solicitation documents.

Orders placed by ITD Districts may vary, and no minimum or maximum order quantities are guaranteed or implied under the resulting Contract.

EXHIBIT 1

Definitions List

Definitions. The following definitions shall apply to the terms used in the ITB:

EXHIBIT 2

Background Information

1. About The Department / Agency The Idaho Transportation Department (ITD) is responsible for operating and maintaining an integrated network of over 12,400 centerline miles of highways and roads, 1,850 bridges, 2,523 miles of Idaho Byways, and 32 state backcountry airstrips. The state highway system includes 34 rest areas and 12 ports of entry. The Division of Motor Vehicles registers more than two million vehicles and trailers and is responsible for the credentials of more than a million drivers.

ITD’s mission and vision is to develop and manage a transportation network that is safe, efficient, and enhances Idaho’s economy and quality of life.

2. Objectives and Expectations The objective of this solicitation is to secure highway delineation products that comply with Federal Highway Administration (FHWA), American Association of State Highway and Transportation Officials (AASHTO), and Manual for Assessing Safety Hardware (MASH) standards, thereby supporting ITD’s mission of maintaining safe and efficient transportation infrastructure.

For purposes of this solicitation, “Highway Delineation” is defined as products used to guide, warn, or regulate roadway users, including, but not limited to, raised pavement markers, delineators, channelizing devices, flexible posts, object markers, and related highway delineation items.

2.1. Specifications for Highway Construction: https://apps.itd.idaho.gov/Apps/manuals/SpecBook/SpecBook23.pdf

EXHIBIT 3

General Requirements

The following provisions establish the contractual performance requirements applicable to the resulting contract. These requirements are mandatory and will be incorporated into the contract upon award. Bidders should carefully review each provision and ensure their bid reflects the ability to comply.

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:

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

The Contractor must ensure that the Manufacturer’s standard warranty is fully extended to ITD and explicitly incorporated into the resulting Contract. See Section 2.4 of the State of Idaho’s Contract Terms and Conditions, located in IPRO, for warranty details.

2. Authorized Distributor

2.1. Bidders must be an authorized distributor or manufacturer of the products offered. An authorized distributor shall be defined as a company or organization that has a written agreement with the manufacturer to sell or service its products;

2.2. Bidder must submit a letter from the equipment manufacturer on the equipment manufacturer’s official letterhead, declaring the Bidder (doing business as stated in Submittal Form A) is a current, authorized distributor or manufacturer of the products offered, and;

2.3. Bids from Contractors who are not an authorized distributor by the manufacturer will not be considered.

3. Delivery

3.1. Deliveries must be completed within thirty (30) calendar days after receipt of each order (ARO). The delivery location will be indicated on each Order as it is placed. The delivery locations for items ordered by each ITD District are provided in Section 6. ITD reserves the right to add or delete delivery locations;

3.2. Deliveries must be made Monday through Friday between the hours of 8:00 AM and 4:00 PM Local Time of each ITD District. ITD Districts 1 & 2 are Pacific Time and ITD Districts 3 through 6 are Mountain Time. No deliveries will be accepted on weekends or State recognized holidays (https://sos.idaho.gov/state-holidays/), unless otherwise coordinated and approved by the ITD District placing the order.

3.3. Each delivery must include a packing slip with the following information:

3.3.1. IPRO Contract number;

3.3.2. ITD District purchase/delivery order number;

3.3.3. Delivery location;

3.3.4. Product description and;

3.3.5. Quantity delivered.

3.4. If the Contractor is unable to provide delivery to any location identified in Section 5, the Contractor must notify ITD in writing within five (5) business days of contract award or upon discovery of the inability to deliver, whichever occurs first. The Contractor must coordinate with the designated ITD Contract Monitor to arrange alternative delivery method, at no additional cost to ITD beyond the awarded bid pricing;

3.5. Failure to deliver within the required thirty (30)-day ARO timeline, unless mutually agreed in writing by ITD, shall constitute a material breach of the Contract. ITD may, at its sole discretion:

3.5.1. Reject the delivery and require redelivery at Contractor’s expense;

3.5.2. Terminate the affected delivery location or the entire Contract for default, or;

3.5.3. Pursue any other remedies available under the State of Idaho Standard Contract Terms and Conditions.

4. Orders

4.1. Orders will be placed by ITD on an as needed basis through issuance of an ITD Purchase Order (“Orders”).

4.2. The Contractor must confirm receipt of each Order and provide an estimated delivery date within forty-eight (48) hours after receiving the Order from ITD,

4.3. Each Order will specify the quantity and Delivery Location.

5. Product Substitutions No product substitution may be made without prior written approval from the State. The Contractor must immediately notify the State in writing upon learning that a specified product listed on Submittal Form B is unavailable, discontinued, or cannot be supplied (except in cases of Section 1.24 Force Majeure, of the State of Idaho Standard Contract Terms and Conditions).

The notification must include:

5.1.1. Product name and catalog item number;

5.1.2. Reason for unavailability;

5.1.3. Proposed substitute product (including brand, specifications, and evidence of equivalent or superior performance), and;

5.1.4. Confirmation that the substitute meets or exceeds all performance requirements, including FHWA, AASHTO and MASH.

5.1.5. The State reserves the sole right to approve or reject any substitute. No substitute product must be shipped until ITD provides written approval. Unauthorized substitution may be grounds for rejection of delivery, invoice non-payment, and/or termination of the Contract for default.

5.1.6. Product substitutions resulting from discontinued products may be amended to the Contract as agreed to by the parties and executed by DOP.

6. Locations ITD reserves the right to add or remove delivery locations within ITD District boundaries. Notification of delivery location changes will be sent electronically through email communication. Any addition or removal of delivery locations shall not be effective until an Amendment to the Contract is mutually agreed to by the parties and executed by DOP.

ITD District 1 Yard 600 W. Prairie Ave.

Coeur d’Alene, ID 83814

ITD District 2 Yard 2600 Frontage Rd.

Lewiston, ID 83501 ITD District 3 Yard 8150 Chinden Blvd.

Boise, ID 83714

ITD District 4 Yard 216 Date St.

Shoshone, ID 83352

ITD District 5 Yard 5151 South 5th Pocatello, ID 83204 ITD District 6 Yard 206 N. Yellowstone Rigby, ID 83442

7. Price Adjustment Clause

7.1. A price adjustment may be considered after the first twelve (12) months of the initial Contract term and every twelve (12) months thereafter. If a price increase is requested, the Contractor must notify the State in writing at least sixty (60) calendar days prior to the proposed effective date of the increase and must provide supporting documentation demonstrating industry-wide cost increases sufficient to justify the request. DOP will notify the Contractor in writing whether the request is approved within thirty (30) calendar days of after receipt of the request.

7.2. In the event of an industry-wide price decrease, the Contractor must immediately notify ITD of the decrease and make the price decrease effective for ITD on the same day it becomes effective for the Contractor. If the State is not properly notified of applicable price decreases, the pricing in effect at the time of the Order is placed shall govern invoice payment, and the Contractor must issue any applicable refunds or credits to ITD.

8. Tariff Costs

8.1. If the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”) on an imported good that results in an increase in Contractor’s costs to a level that renders performance under this Agreement impracticable, Contractor may be permitted to add up to fifty percent (50%) of the actual and verifiable cost it directly incurs due to tariffs to its invoices submitted to the State, subject to the following conditions:

8.2. ITD must have sufficient appropriation to pay any tariff costs.

8.3. Contractor shall promptly notify the State of the maximum cost of tariffs and obtain ITD’s prior written approval for payment of any tariff costs. ITD shall not be obligated to pay tariff costs for which ITD did not provide prior written approval, for which ITD does not have sufficient appropriation, or which exceed the approved maximum. Contractor may provide notification of maximum tariffs on a case-by-case basis (for each order) or may provide blanket or time-bound notification (e.g., maximum for any orders placed for the next six (6) months).

8.4. Contractor shall take reasonable steps to avoid or minimize incurring tariffs and may be asked to provide a certification confirming its efforts and supporting documentation to the State.

8.5. Contractor may only invoice for actual approved tariff costs, even if that amount is less than the approved maximum.

8.6. The invoice must be supported by accurate documentation confirming the actual cost and applicability of tariffs, which may include country of origin, order/delivery dates, official tariff rates, declared value, supplier or manufacturer invoices, etc.

8.7. If applicable tariffs are subsequently reduced or eliminated, Contractor will promptly notify DOP and Agency and invoices must reflect such change.

8.8. Any material misrepresentation of fact by Contractor relating in any way to an increase in pricing due to tariffs is a default under this Contract and shall be subject to the remedies set forth herein, in addition to any other claim or remedy available to the State. Furthermore, any material misrepresentation of fact by Contractor relating in any way to ITD’s payment of additional sums due to tariffs shall be fraud against the taxpayers of the State and grounds for the Contractor to be deemed non-responsible and/or disqualified from participation in future solicitations administered by the State.

9. Records Maintenance The Contractor must 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 must 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.

10. 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.

11. Billing Procedure The Contractor must provide a signed invoice upon delivery. The invoice must be submitted no later than thirty (30) calendar days after delivery.

11.1. The Contractor must provide the following information with each invoice:

11.1.1. Agency PO number;

11.1.2. Identification of billing period;

11.1.3. Total amount billed for the billing period;

11.1.4. Detailed description of products provided;

11.1.5. Contact information for Contractor.

12. Invoices must be submitted to the following e-mail addresses:

ITD District 1 D1AP@itd.idaho.gov ITD District 2 D2AP@itd.idaho.gov ITD District 3 D3AP@itd.idaho.gov

ITD District 4 D4AP@itd.idaho.gov

ITD District 5 D5AP@itd.idaho.gov ITD District 6 D6AP@itd.idaho.gov

13. Payment Payment will be made in accordance with Idaho Code 67-2302 after receipt of the Contractor's itemized invoice and is accepted by ITD.

EXHIBIT 4

Specifications

1. Service and Support Requirements The following are the minimum specifications that your Bid must meet for the State to consider your Bid for award. All replacement equipment must be new and unused. All proposed equipment must meet or exceed the specifications set forth herein.

2. Manufacturer Brand Components

2.1. Any Manufacturer Brand Components referenced in this solicitation are intended to be descriptive, not restrictive and are provided to illustrate the required quality and characteristics. Bidders proposing an equivalent Manufacturer Brand Component must provide documentation demonstrating, to the State’s satisfaction, that the proposed item(s) meet all minimum requirements outlined in this solicitation. This documentation must be submitted prior to the closing of the question period as noted in Section 1.2.

2.2. If the product offered does not meet any of the specifications, Bidder must provide an explanation of how the product offered is functionally equivalent to the stated specification as well as descriptive literature that supports the product offered.

3. Group 1 – Snow Marker Poles

3.1. Flexible Rectangular Fiber Reinforced Polymer Composite Snow Marker Poles:

3.1.1 Must be rectangular snow marker poles;

3.1.2 Must be three-eights (3/8) inch by one and a quarter (1-1/4) inch solid bar;

3.2. Must be manufactured with unidirectional E-glass in ISO polyester resin and include ultraviolet (UV) resistance;

3.2.1. Must have an Elliptical profile with flattened back;

3.2.2. Reflective material or reflectivity must not be applied;

3.2.3. Must be one hundred forty-four (144) inches in length;

3.2.4. Must be orange in color;

3.2.5. Must have radiused edges and;

3.2.6. Must have beveled corners.

4. Group 2 – Rib-Back Rigid Steel Posts

4.1. This group covers Type "U" channel steel posts used as delineator posts, such as the Nucor Marion Rigid Type "U" Channel Steel Post or an approved equal. Each post must:

4.1.1. Must meet the dimensional design requirements described in Exhibit 5 - Illustrations Type “U” Rigid Steel Post Detail Drawing;

4.1.2. Weigh 1.12 pounds per foot (lb./ft.) and be 6 seven (7) feet long. Posts must conform to ASTM A499-89 Grade 60; roll-formed posts meeting this standard, or an approved equal, are acceptable.

4.1.3. Be punched with 3/8-inch diameter holes on 1-inch centers, with the first hole located 1 inch from the top and the last hole located 26 inches from the top.

4.1.4. Have no anchor plate.

4.1.5. Be free of lead and chromate pigments.

4.1.6. Be galvanized or finished with green baked enamel, in conformance with Section 708.16 of ITD’s Standard Specifications for Highway Construction:

https://apps.itd.idaho.gov/Apps/manuals/SpecBook/SpecBook23.pdf.

5. Packaging

5.1. Flexible Snow Marker Posts:

5.1.1. All product units must be boxed with a minimum of ten (10) posts and a maximum of twenty-five (25) posts per box.

5.1.2. Each Box must be clearly marked with the product description and the number of units contained therein. Boxes must be of suitable strength and durability to prevent puncture or weather-related damage during shipping and handling.

5.2. Rigid Type “U” Steel Posts for Delineators:

5.2.1. Rigid delineator posts must be metal strapped in individual bundles of twenty-five (25) posts per bundle. Four (4) individual bundles of twenty-five (25) posts must be bundled in one (1) bundle of one hundred (100) posts.

5.2.2. Upon request by ITD, Orders must be packaged, palletized, and shrink wrapped in a manner that allows unloading by forklift. ITD will provide a forklift and operator to assist with unloading.

5.2.3. Safety Data Sheets (SDS) and Technical Data Sheets (TDS) must accompany each shipment.

EXHIBIT 5

Illustrations and Drawings

Nucor Steel Marion Inc. Rib-Back Rigid Steel Posts

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EXHIBIT 6

Pre-Bid Conference Call Registration Form

Instructions: Potential Bidders choosing to participate in the Pre-Bid Conference Call 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 Call.

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 7

Questions

Bidder Questions Form Instructions The following instructions must be followed when submitting questions using the Bidder Question form on the following page.

· Questions form must be uploaded into the Q&A Forum section within IPRO.

· Questions must be received by the deadline specified in the Procurement Schedule (Section 1.2).

· The Bidder must use the Bidder Questions form on the following page, to submit all questions.

· 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.

· 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).

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

Bidder Questions ITB #1336 – Highway Delineation

EXHIBIT 8

Contract Modifications and Exceptions

Instructions Complete this form and submit with your ITB submittal if you are proposing modifications or taking exception to any of the requirements, terms, or conditions included in the ITB, including any documents incorporated by reference (such as the Standard Contract Terms and Conditions.) See ITB Section 1.8 for a full explanation of the process surrounding vendor-proposed modifications and exceptions.

· All modifications and exceptions to the State’s Contract Terms and Conditions must be submitted using the Contract Modification and Exceptions form and upload the form into the Q&A Forum section within IPRO.

· All requested modifications and exceptions must be received by the deadline specified in the Procurement Schedule (Section 1.2).

· Bidders must specifically address any and all proposed modifications and exceptions.

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

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

· Bidders must provide an explanation as to why the requirement, term, or condition should be considered non-material. Bidder must also provide a reason for the proposed modification or alternative language, specifically addressing the issues itemized in ITB Section 1.8.1.

The determination of materiality will be made at the State’s sole discretion. Non-material modifications or exceptions may be negotiated with the apparent successful Bidder, at the discretion of the State, and as otherwise provided in ITB Section 1.8.3.

Modification & Exception Form ITB 1336 – Highway Delineation

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 must 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 Contract. The Bidder must 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 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

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

☐ Yes ☐ No

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

☐ Yes ☐ No

7) 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

* 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 1.8).

* 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 must review Exhibit 6 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 must 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 must identify all modifications or exceptions to the Contract Terms & Conditions, provided in IPRO. The Bidder must use the template that is provided in Exhibit 6. 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

Bid Schedule

Instructions The Bidder must complete and submit all information requested in this Submittal Form. The Bidder must 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.

Submittal Form B is provided as an Excel sheet in IPRO.

SUBMITTAL FORM C

Authorized Dealer Letter

Bidder Name:

This attachment must be completed and returned with bid response

Failure to fully complete and submit this form with your bid may result in the Bidder being found non-responsive.

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