Amendment 1 Admin Doc - ITB #784.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

IDAHO TRANSPORATION DEPARTMENT

Invitation To Bid

Pavement Patching Mastic Melters

ITB Number: #784

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 Transportation Department (“ITD”), is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”) that can provide Pavement Patching Mastic Melters (Melters). The initial order will be for three (3) melters for Districts 3, 4, and 5, with the possibility of additional orders in the future. 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.

August 5, 2025 @ 11:59 pm MT August 20, 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 21, 2025 @ 10:30 am MT September 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.

Erik Schmidt Buyer, Division of Purchasing Erik.Schmidt@adm.idaho.gov

1.4 Bid Opening

Link:

Dial-In:

ID:

Password:

A public bid opening will be held at 10:30 am MT on the next business day following the closing date to announce the Offerors who have submitted proposals. Offeror’s proposals will not be opened. The bid opening will be conducted virtually, with the access link provided below.

Join the meeting now +1 208-985-2810,,88466275# 268 775 771 178 ss3gw9sh

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

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

1.7 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. Modifications and exceptions must be submitted using the table provided within Exhibit 5. The Contract requirements, terms, and conditions are provided in Exhibit 6.

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.

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.

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 5: 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:

· The Bidder must be an authorized distributor or manufacturer of the Pavement Patching Mastic Melters offered. An authorized distributor is defined as a company or organization that has a written agreement with the manufacturer to sell or service its products. Bidders must provide documentation of their authorized status (e.g., a letter or agreement from the manufacturer) upon request by the ITB Lead. Failure to demonstrate authorized status may result in the Bidder being deemed non-responsible.

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:

3.3.1 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.

3.3.2 Agency Concerns: The Bidder will address or resolve any major risks, issues, concerns, obstacles, or deal-breakers that have been identified by the Agency, such as potential challenges in meeting the scope of work or adhering to ITD policies.

3.3.3 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.

3.3.4 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.

3.3.5 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.

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

3.3.7 Additional Requested Documentation: If requested, provide additional documentation, such as a detailed work plan, safety plan, staffing plan, or proof of compliance with environmental regulations (e.g., EPA Pesticide General Permit).

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, 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

3.5.1 More than one (1) award may be issued from this solicitation. ITD reserves the right to make multiple awards to multiple distributors of Melters. Award may be made by the line items, groups of the line items, or total line items, whichever is determined to be in the best interest of the state, to the responsive, responsible Bidder providing the lowest total price, as provided on the Submittal Form B – Pricing.

3.5.2 The State reserves the right not to evaluate or make an award in the best interest of the State. The State also reserves the right to make multiple awards per manufacturer, per area, in accordance with Section 67-9211 of Idaho Code in the best interest of the State.

3.5.3 ITD reserves the right to award in the best interest of the State.

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). A sample contract is provided in Exhibit 6. At its option, the State may memorialize the agreement between the State and each Contractor in one (1) or more final Contract documents.

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 Transportation Department (ITD) is responsible for the planning, construction, maintenance, and operation of Idaho’s state highway system, ensuring safe and efficient transportation infrastructure across the state. ITD oversees critical maintenance activities, including pavement repair, to preserve road conditions and enhance public safety. The Division of Purchasing (DOP), on behalf of ITD, manages procurement processes to acquire equipment and services that support these objectives in compliance with Idaho Code and IDAPA regulations.

2. Background Information ITD seeks to procure Pavement Patching Mastic Melters to support its road maintenance operations across multiple districts. The initial order is for three (3) melters, one each for Districts 3, 4, and 5. Additional orders for the remaining districts may be placed in the future, as needed. These melters are essential for applying mastic sealant to repair cracks and potholes in asphalt pavements, extending road lifespans and improving safety. The equipment must meet stringent specifications to ensure reliability, efficiency, and compliance with ITD’s operational needs. This procurement aims to establish a contract for the purchase and delivery of melters, with potential for additional orders over a multi-year term.

3. Existing Data ITD operates maintenance yards in six districts: Coeur d’Alene (District 1), Lewiston (District 2), Boise (District 3), Shoshone (District 4), Pocatello (District 5), and Rigby (District 6). The initial order is for three (3) melters, with one unit designated for each of Districts 3, 4, and 5. Estimated annual quantities are used for evaluation, but no minimum or maximum order quantities are guaranteed, with a cap of three (3) additional melters per year per type, as needed. This procurement replaces or supplements existing equipment to maintain operational capacity.

4. Current Challenges ITD’s current mastic melters may lack the capacity, efficiency, or modern features required for high-volume pavement repair operations. Aging equipment or inconsistent performance can lead to delays, increased maintenance costs, and reduced road quality. The new melters must address these issues by providing reliable, high-capacity performance, rapid heating capabilities, and compliance with modern emission standards (e.g., Tier 4 Final). Additionally, ITD requires standardized training and warranty support to ensure operational readiness and longevity.

5. Reference Documents Relevant documents include the State of Idaho Standard Contract Terms and Conditions (available via IPRO Powered by Luma) and the specifications outlined in Exhibit 2 of this ITB. Bidders are encouraged to review these documents to understand the procurement requirements fully.

EXHIBIT 2

Scope of Work

1. Summary of Scope The Idaho Transportation Department (ITD), through the Division of Purchasing (DOP), seeks to procure new Pavement Patching Mastic Melters. The initial order is for three (3) melters, with the possibility of additional orders in the future. The melters must meet minimum specifications, be delivered fully assembled, and include training, manuals, and warranty support to ensure operational readiness.

2. Objectives and Expectations The objective is to acquire reliable, high-capacity mastic melters that enhance ITD’s ability to repair pavement cracks and potholes efficiently. The melters must comply with modern emission standards, provide rapid heating, and support consistent performance in demanding field conditions. The procurement aims to establish a contract enabling initial and potential future orders, with comprehensive vendor support for delivery, training, and maintenance.

3. Budgetary Expectations Bidders must provide fully burdened costs via Submittal Form B (Bid Schedule). Costs should include all equipment, accessories, delivery, and training as specified. No additional fees (e.g., administrative fees per Section 5.2 of the old document) will apply. Price adjustments may be considered annually per the Price Adjustment Clause (Section 7.13), with verification required.

4. Schedule & Term Expectations The term of this Contract will be for two (2) years. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is six (6) years.

Delivery is expected one hundred twenty (120) calendar days after receipt of order (ARO) for each melter, with training provided within fourteen (14) days post-acceptance. Orders will be placed as needed via ITD purchase orders.

5. Unique Considerations The melters will operate across Idaho’s diverse climates and terrains, requiring robust construction and reliable performance. Deliveries must occur at six district yards, with specific scheduling (Monday-Thursday, 8:00 am-3:00 pm, excluding holidays). Training must be tailored to ITD personnel, covering setup, operation, and maintenance. Bidders must be authorized distributors or manufacturers, ensuring compliance with manufacturer standards.

6. Requirements

6.1. These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award. Restate each specification listed in this section in which your bid deviates, followed by your response demonstrating that your Bid meets or exceeds the required specifications; provide model, part #, or description, as appropriate.

6.2. The Melters must be new, factory-built units of the latest model of the manufacturer's current standard production, as offered to commercial trade, delivered directly from the manufacturer or an authorized distributor, with no prior use. Though they are not specifically covered herein, all parts necessary to provide a complete and functional Melter, complete with accessories, must be furnished. All parts must conform in design, strength, quality of materials, and workmanship to current engineering practices and accepted standards of the industry. All parts must be the manufacturer’s standard unless otherwise specified in this ITB.

6.3. The specifications and brand names 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 State’s satisfaction, that the offered item(s) meets the requirement of the solicitation. Failure to provide “equal” documentation does not exempt the Bidder from providing the exact specification as provided in Exhibit 2. Failure to provide satisfactory documentation may eliminate the Bidder from further consideration, if the State cannot determine to its satisfaction that the offered property is “equal”.

6.4. CRAFCO Inc. Patcher 4 #56600N or equal and at a minimum must consist of the following:

6.4.1. Self-contained, double boiler type, trailer mounted;

6.4.2. Starting at ambient temperature and be ready for operation in one and one-half (1.5) hours or less;

6.4.3. Electric start diesel engine twenty-three point nine (23.9) horsepower at twenty-eight hundred (2800) Revolutions Per Minute (RPM), Tier four final emissions;

6.4.4. Thirty-two (32) gallons minimum fuel tank capacity, capable of operating for a minimum of ten (10) hours on one (1) tank of fuel under full load conditions;

6.4.5. Fifty (50) gallons of heat transfer oil at seventy degrees Fahrenheit (70°F);

6.4.6. Three hundred ninety-five (395) gallons material tank capacity;

6.4.7. Three thousand (3,000) pounds per hour material melt rate;

6.4.8. Four hundred eleven thousand (411,000) British Thermal Units (BTU) diesel burner at the bottom of the heat transfer oil tank;

6.4.9. Oil jacketed, double boiler tank;

6.4.10. Hydraulic agitation system;

6.4.11. Fifteen (15) gallons hydraulic fluid reservoir with ten micron (10 µm) full flow filter;

6.4.12. Two (2) each: one hundred ten volt (110V) electric overnight heaters;

6.4.13. Two (2) each: loading hatch openings with anti-splash lids;

6.4.14. Automatic agitator shutoff switches when lid is opened;

6.4.15. Diesel heated toolbox with rear-mounted on-off switch;

6.4.16. Twenty-eight (28) inch hitch extension;

6.4.17. One (1) warning arrow bar, one (1) strobe light, and four (4) LED work lights, rear mounted at minimum seven (7) feet high;

6.4.18. Lockable battery box;

6.4.19. Engine cover;

6.4.20. Two (2) mudflaps, one (1) per side;

6.4.21. One (1) spare tire with mount;

6.4.22. Seven (7) pin round Recreational Vehicle (RV) connector with blade terminals;

6.4.23. One (1) each twenty-pound (20) ABC dry chemical fire extinguisher mounted with a weatherproof cover;

6.4.24. Thirty-pound (30) propane bottle with hand torch and twenty (20) foot hose;

6.4.25. One (1) each CRAFCO # 56890N or equal fifty-six (56) inches length oil heated and removable material chute;

6.4.26. Twenty-five (25) pounds drag box weight plate;

6.4.27. One (1) mounted toolbox;

6.4.28. One (1) each CRAFCO #57886 or equal center drag box kit, twenty-four (24) inches;

6.4.29. One (1) each CRAFCO #58520 or equal center drag box kit, forty-eight (48) inches;

6.4.30. One (1) each CRAFCO #32252 or equal shoebox, eight (8) inches long by twelve (12) inches wide by six (6) inches high;

6.4.31. Two (2) each CRAFCO #32243 or equal ironing wands;

6.4.32. Two (2) each CRAFCO #32246 or equal chute scrapers;

6.4.33. One (1) each CRAFCO #32258 or equal tank scraper;

6.4.34. Two (2) each CRAFCO #32263 or equal metal pour buckets.

For bidders offering an equal product, equivalent accessories that meet or exceed the functional requirements of the specified Crafco parts must be provided, with compliance demonstrated per Section 6.3 and Submittal Form C.

7. Additional Requirements

7.1. Quantity

While the quantities for the Melters provided in this solicitation are annual estimates, and will be used for evaluation and award purposes, no minimum or maximum order quantities are guaranteed. If ITD needs to exceed the estimated quantities in this ITB, ITD may place additional order(s), exceeding the annual estimated amount; however, additional orders during anyone (1) year term may not exceed three (3) each for the Melters.

7.2. Orders

7.2.1. Orders will be placed on an as needed basis by ITD via an ITD purchase order (Order). 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.

7.2.2. Each Order will indicate the quantity and Delivery Location for the Melter(s).

7.3. Installation And Acceptance

Upon receipt, the Melters shall be inspected by the ITD Maintenance Services Manager or designee to ensure the minimum specifications are met. Acceptance shall occur fourteen (14) calendar days after delivery, unless ITD has notified the Contractor in writing that the product delivered does not meet the minimum specifications. If ITD determines that the Melters are not in accordance with the specifications, ITD shall provide the Contractor with a written notification. The Contractor must pick-up, correct any discrepancies, and re-deliver to the ITD specified location at the Contractor’s expense. The timeframe for completion of corrective action must not exceed thirty (30) calendar days from receipt of written notification from ITD.

7.4. Training

7.4.1. The Contractor must provide an authorized technician, within fourteen (14) calendar days upon acceptance, to provide training for operations, maintenance, safety, etc. of the Melters each time a Melter is ordered. Training must include but not be limited to Set-up, initial start-up, operation of the Melter, and maintenance and servicing.

7.4.2. The Contractor must provide training for each melter delivered, including future orders, at the respective delivery location.

7.4.3. Training must take place Monday thru Thursday, 8:00 am to 5:00 pm local time, excluding state of Idaho recognized holidays (https://www.idaho.gov/government/holidays.html).

7.4.4. The technician must be versed in all aspects of the Melters and able to make any necessary field adjustments to the Melters during the training period. Training must be no less than eight (8) hours at the delivery location.

7.4.5. The Contractor must coordinate training with ITD’s contact for delivery.

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

7.5.1. Minimum two (2) year manufacturer standard warranty.

7.5.2. If the Melter continuously malfunctions and causes it to be out of service on multiple occasions, the Agency reserves the right to require the Contractor to pick-up, repair, and return the Melters at no additional cost to the Agency. In the event of a major repair(s) the timeframe must be mutually agreed upon by the Contractor and ITD.

7.5.3. If any warranty work is to be performed, the Contractor may elect to have a dealer of its choice perform the work in accordance with the manufacturer’s standards.

7.5.4. Bidders must submit warranty documentation and an acceptance letter agreeing to warranty provisions of the Melters (See IPRO powered by Luma).

7.6. Contract Monitoring

ITDs Contract Management Team (CMT) will monitor performance through inspections, invoice reviews, and compliance checks. Non-compliance will be documented via email, with corrective actions required within fourteen (14) calendar days. Failure to meet specifications or performance standards may lead to remedies such as corrective action, subcontracting, payment withholding, or contract termination.

7.7. Delivery

7.7.1. The Contractor must ensure delivery of the Melters to the specified ITD locations within one-hundred twenty (120) calendar days after receipt of order (ARO). The Contractor is responsible for coordinating with ITD to arrange delivery, unloading will be performed by ITD personnel.

7.7.2. Deliveries must be made Monday through Thursday, 8:00 am to 3:00 pm local time (per Delivery Location), excluding state of Idaho recognized holidays (https://www.idaho.gov/government/holidays.html), unless otherwise approved by ITD.

7.7.3. Delivery Locations (the “Ship To” will be indicated on each Order):

7.7.3.1. ITD District 1 Yard, 600 W. Prairie Ave, Coeur d’Alene, ID 83814

7.7.3.2. ITD District 2 Yard, 2600 Frontage Rd., Lewiston, ID 83501

7.7.3.3. ITD District 3 Yard, 8150 Chinden Blvd., Boise, ID 83714

7.7.3.4. ITD District 4 Yard, 216 Date St., Shoshone, ID 83352

7.7.3.5. ITD District 5 Yard, 5151 South 5th, Pocatello, ID 83204

7.7.3.6. ITD District 6 Yard, 206 N. Yellowstone, Rigby, ID 83442

7.8. Manuals

The Contractor must provide two (2) copies each of operators, parts, and shop manuals as either PDF file(s) or bound paper formats at delivery. Unbound loose papers are not acceptable.

7.9. Authorized Distributor

Bidders must be authorized distributors or manufacturers with a written agreement to sell or service the melters. Non-authorized bids will be rejected.

7.10. Product Substitution

Substitutions for specified commodities require written ITD approval and must be equal or better at no additional cost. Unapproved substitutions may lead to contract termination.

7.11. 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.

7.12. 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.

7.13. Billing Procedure

The Contractor shall provide a signed invoice upon completion of Agency training for each melter delivered. The invoice must be submitted no later than thirty (30) calendar days after completion of training provided. No invoice shall 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 Agency PO number

2. Identification of billing period

3. Total amount billed for the billing period

4. Detailed description of products delivered and training provided

5. Name of authorized individual and contact information for Contractor

Invoices and reports are to be submitted to:

Agency Contacts: HQAP@itd.idaho.gov and HQFLEET@itd.idaho.gov Agency Name: Idaho Transportation Department

7.14. Price Adjustment Clause

7.14.1. Price adjustment may be considered after the twelve (12) months of the initial term of the Contract, and twelve (12) months thereafter on each anniversary date of the Contract award. If a price increase is requested, it will be the responsibility of the Contractor to notify DOP and ITD sixty (60) calendar days in advance of the desired effective date and provide supporting documentation showing industry wide increases justifying the request. DOP will notify Contractor whether the request is approved within thirty (30) calendar days of receipt of the request.

7.14.2. Contractor(s) may propose a price increase, with each new model year offered. It is the responsibility of the Contractor(s) to notify ITD, in writing, of any price increases from the manufacturer. Price increases will be a “pass-through,” and must not produce a higher profit margin for the Contractor(s) than the established original contract pricing. Price increases will not be effective until the State is in receipt of written notice of the manufacturer’s increase; accompanied by supporting documentation from the manufacturer, as may be requested by the State.

7.14.3. If price decreases become effective for the Contractor, ITD will be given immediate benefit of the price decrease on the date the price decrease became available to the Contractor.

7.14.4. At any time during the Contract, ITD may request supporting documentation from the Contractor for price verification of the Melters. The requested documentation must be provided directly from the manufacturer. This requirement will help ensure that the ITD is receiving the most current pricing offered.

7.14.5. Contractor(s) will have fourteen (14) business days to provide current price information, for verification by ITD, prior to any price increase. If the Contractor cannot meet this deadline, the current contract prices will govern and remain in effect until pricing can be verified.

7.14.6. Contract pricing with be adjusted via an amendment to the Contract.

7.15. Dispute Resolution

The Parties agree to resolve disputes informally through written submissions to ITDs Contract Manager or the Contractors Project Manager, negotiating in good faith. Unresolved disputes may pursue other legal remedies without constituting mediation or arbitration agreements.

7.16. Subcontracting

Subcontracting requires written State approval. Contractors remain liable for subcontractor performance, ensuring equivalent insurance coverage unless covered by the Contractors insurance.

EXHIBIT 3

Pre-Bid Conference Registration Form - RESERVED

NOTE: There will be no pre-bid conference meeting for ITB #784.

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 #784 – Pavement Patching Mastic Melters

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 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…