STATE OF IDAHO

DIVISION OF PURCHASING

Invitation To Bid

Statewide Shredding Services

ITB Number: 774

Amendment 2

Table of Contents

Section 1 Administrative Information and Overview

1.1 Purpose

The State of Idaho’s (“State”) Division of Purchasing (“DOP”) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”), to establish a statewide Contract for shredding services for State Agencies and Political Subdivisions. 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):

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.

May 15, 2025 @ 11:59 pm MT May 30June 10, 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.)

June 1625, 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.

Alex Limber Buyer, Division of Purchasing Alex.Limber@adm.idaho.gov

1.4 Pre-Bid Conference

A pre-bid conference will NOT be held for this solicitation.

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

2.5 Trade Secrets and Non-Public Information

The Idaho Public Records Act, Idaho Code title 74, chapter 1 (the “Act”) defines trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” The Act also defines other records that may be exempt from public disclosure.

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

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

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

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

Section 3 Evaluation & Award Procedures

3.1 Mandatory Submission Requirements

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

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

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

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

· The Bid includes all required Submittal Forms.

3.2 Mandatory Responsibility Requirements

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

· Bidder must be certified with the National Association for Information Destruction (“NAID”).

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 may be requested, which may include bonding and insurance, background checks, and proof of NAID certification.

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

Award(s) will be made, all or none, or by line item, by Area and by Service Type to the responsive and responsible Bidder with the lowest Total Cost for each Area, as provided by Submittal Form B, and as determined to be 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 Agency The Division of Purchasing (DOP) is responsible for the administration and execution of Statewide solicitations and Contracts for use by all participating State Agencies. Typically, DOP solicits proposals for Statewide use when Agencies across the State have a mutual demand for a product or service, and it becomes beneficial to the State to consolidate these needs.

2. Background Information The purpose of this solicitation is to establish a Statewide Contract for the State of Idaho, its agencies and political subdivisions, for secure paper media shredding and electronic media destruction services. The State has not previously had in place a Statewide Contract for these services, however survey data has indicated that approximately fifty (50) public agencies may be interested in utilizing a Statewide Contract. Typical use of the Contract may include but is not limited to: Providing on-site media destruction, security container service, destruction of hard drives, cell phones, CD-ROMs, floppy disks, and other sensitive materials.

3. Public Agencies The Offeror(s) must accept orders from and extend Contract terms, conditions, and price to all Idaho Public Agencies, referred to in this ITB as “Agency”, “Agencies”, or “Ordering Agency(ies)” as defined in Section 67-2327 of Idaho Code, which provides as follows: “Public Agency” means any city or political subdivision of this state, including, but not limited to counties; school districts; highway districts; port authorities; and instrumentalities of counties, cities, or any political subdivision created under the laws of the State of Idaho.

The resulting Contract(s) will be mandatory use for all State of Idaho Agencies as defined in Section 67-9203(3) of Idaho Code. The Contract(s) will be optional use for public agencies (cities, counties, school districts, and any other Ordering Agency that is not a State Agency).

4. Existing Data Previous fiscal year Agency survey data has indicated that current spending across all Areas within the State was approximately two hundred and fifty thousand dollars ($250,000) per fiscal year. Note: this figure is based on a previous fiscal year’s survey data and may not fully or accurately represent potential Agency usage of a new Statewide Contract.

5. Reference Documents The State of Idaho is split into three (3) service areas. Exhibit 7 – Area Map defines these areas and provides a list of the counties that are included in each service area.

EXHIBIT 2

Scope of Work

1. Summary of Scope This scope of work outlines the requirements for secure paper media shredding and electronic media destruction services that must be delivered to all participating Ordering Agencies.

2. Objectives and Expectations The Contractor must be able to provide services to all Ordering Agencies in all counties within the Area(s) that the Contractor is bidding on. Ordering on the Statewide Contract will be done on an as needed, if needed basis by Ordering Agency. No minimum or maximum number of orders or level of usage of the Contract is guaranteed or implied.

3. Schedule & Term Expectations The Contractor must be able to start providing services to all Ordering Agencies in the Area(s) awarded within thirty (30) days of Contract execution. For any Ordering Agencies that are starting new services, the Contractor must be able to start providing services within fourteen (14) calendar days of the new service request.

The term of this Contract will be for one (1) year. Upon mutual, written agreement, the Contract may be renewed, extended, or amended. The anticipated total Contract term is five (5) years.

4. Unique Considerations An Ordering Agency may have several locations within rural counties. The Contractor must be able to provide services to all Ordering Agency locations within these rural counties. The Contractor may bill mileage to those locations as further described in Section 6.3 of this Exhibit 2.

5. Requirements These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award.

5.1. General

5.1.1 The Contractor must provide on-site and/or off-site shredding services for confidential and sensitive information stored on paper documents and electronic media.

5.1.2 The Contractor must provide services during regular business hours, defined as 8:00 A.M. to 5:00 P.M., Monday to Friday, excluding public holidays, unless a different time for service is mutually agreed upon by the Ordering Agency and the Contractor.

5.1.3 The Contractor must have a customer service center reachable via a toll-free number, available during regular business hours.

5.1.3.1 The Contractor’s customer service center must be staffed by qualified service representatives able to address all questions or issues including, but not limited to, billing, setting up new accounts, and scheduling shredding services.

5.2. Paper Media Shredding

5.2.1 The Contractor must provide and distribute secure, lockable containers for paper document collection, free of charge, to each Ordering Agency upon request.

5.2.1.1 The Containers must have a tamper evident locking system.

5.2.1.2 The Contractor must provide keys for locking all containers at an Ordering Agency to the designated Ordering Agency contact person.

5.2.1.2.1 If a key is lost, the Contractor must supply a replacement key at no additional cost to the Ordering Agency.

5.2.1.3 The Containers must have a top slot or a side slot near the top for depositing documents, designed to prevent access to or theft of materials contained within.

5.2.1.4 The Containers must be clearly marked to indicate their intended use and have a list of items that may or may not be placed within.

5.2.1.5 The Contractor must coordinate with the Ordering Agency to determine the number and size of containers required by the Ordering Agency.

5.2.1.5.1 The Contractor must provide three (3) containers size options falling within each of the following ranges: 28-35, 60-70, and 90-100 gallons.

5.2.1.5.2 The Contractor must not limit the number of containers at any particular Ordering Agency.

5.2.1.5.3 The Ordering Agency may request to change the quantity or size of containers at the Ordering Agency location at any time.

5.2.1.6 The Contractor must place the containers in the locations requested by the Ordering Agency, provided the placement is in accordance with applicable fire codes. The Contractor must be aware of these regulations.

5.2.1.7 The Contractor must maintain the containers in working order and replace locks, lids, handles, etc., as needed.

5.2.1.7.1 The Contractor must repair or replace containers within five (5) business days of being notified of a faulty container.

5.2.1.7.2 If the damage occurs due to willful Ordering Agency employee neglect, the Ordering Agency will pay for repair costs up to the fair market value of the container before the loss.

5.2.2 The Contractor must provide services on a recurring schedule or an as-needed basis, depending upon the needs of the Ordering Agency.

5.2.2.1 The Contractor must work with each participating Ordering Agency to determine the interval for recurring pickup service if requested.

5.2.2.2 The Ordering Agency may, at any time, change the frequency of service to suit the needs of the Ordering Agency.

5.2.2.3 The Ordering Agency may cancel a scheduled service for any reason. The Ordering Agency will make every reasonable effort to notify the Contractor of the cancellation twenty-four (24) hours in advance of scheduled service. The Contractor must not charge the Ordering Agency for a cancellation.

5.2.2.4 If the Ordering Agency requests service on an as-needed basis, the Contractor must provide the requested service for the Ordering Agency no later than five (5) business days after receipt of the request.

5.2.3 The Contractor must provide on-site mobile shredding or off-site facility shredding services depending upon the compliance requirements of the Ordering Agency.

5.2.4 The Contractor must collect paper documents marked for shredding from within the Ordering Agency and remove them from the premises unassisted with minimal disruption to Ordering Agency operations.

5.2.4.1 The Ordering Agency will not provide the Contractor with any equipment or personnel to assist the Contractor.

5.2.4.2 The Contractors personnel must be escorted at all times while working within the Ordering Agency premises.

5.2.5 The Contractor must provide purge shredding service at the Ordering Agency’s request.

5.2.5.1 The Contractor must provide the requested purge shredding service no later than five (5) business days after receipt of the request, or by a timeline agreed to by the Ordering Agency and the Contractor.

5.2.5.2 The Ordering Agency will collect documents for the purge shredding service in Ordering Agency owned boxes (banker’s boxes, paper boxes) and will place the boxes in an area easily accessible by the Contractor.

5.2.5.3 The Contractor must empty the contents of the boxes into a wheeled secure collection container and remove the container from the Ordering Agency premises with minimal disruption to Ordering Agency activity.

5.2.5.3.1 The Ordering Agency will not provide the Contractor with any equipment or personnel to assist the Contractor.

5.2.5.3.2 The Contractor’s personnel must be escorted at all times while working within the Ordering Agency premises.

5.2.5.3.3 The Contractor must only empty the contents of boxes that contain documents marked for the purge service. An Ordering Agency representative will be responsible for identifying these boxes.

5.2.5.3.4 The Contractor must make a reasonable effort to fill the entire container prior to emptying, except for the last instance in which it is acceptable for the container to be partially filled.

5.2.5.4 The Contractor must record each instance the collection container is filled and subsequently emptied during the course of providing the purge shredding service, and must bill the Ordering Agency for each of these instances at the rate provided by the Contractor in Submittal Form B.

5.3. Electronic Media Destruction

5.3.1 The Ordering Agency may require destruction of any of the following electronic media types:

5.3.1.1 Hard Disk Drives (HDD);

5.3.1.2 Solid State Drives (SSD);

5.3.1.3 Compact Discs (CD);

5.3.1.4 Digital Video Discs (DVD);

5.3.1.5 Magnetic Storage (Tape, Floppy Disks); and

5.3.1.6 Universal Serial Bus (USB) Drives.

5.3.2 The Contractor must physically destroy electronic media provided by the Ordering Agency.

5.3.2.1 The Contractor must utilize destruction methods compliant with section 6.4 of this scope of work.

5.3.2.2 The Contractor may recycle the electronic media upon completion of the destruction process.

5.3.3 The Contractor must provide on-site mobile services or off-site facility services dependent upon the compliance requirements of the Ordering Agency.

5.3.4 The Ordering Agency will store electronic media marked for destruction in Agency-owned containers.

5.3.4.1 The Contractor must collect the electronic media from within the Ordering Agency and remove the media from the premises unassisted with minimal disruption to Ordering Agency operations.

5.3.4.1.1 The Ordering Agency will not provide the Contractor with any equipment or personnel to assist the Contractor.

5.3.4.1.2 The Contractor’s personnel must be escorted at all times while working within the Ordering Agency premises.

5.3.4.1.3 The Contractor must only remove electronic media that is marked for destruction. An Ordering Agency representative will be responsible for identifying the electronic media that will be destroyed.

5.3.4.2 The Contractor must return containers owned by the Ordering Agency back to the Ordering Agency after destruction of the contents.

5.3.5 The Ordering Agency will be responsible for the security of the media until the chain of custody is passed to the Contractor.

5.4. On-Site Shredding Service

5.4.1 The Contractor must have a mobile shredding vehicle fully capable of performing the shredding service required by the Ordering Agency.

5.4.2 The Contractor must allow an Ordering Agency representative to witness the destruction process, if requested.

5.4.2.1 The Contractor must allow the representative to inspect the vehicle before, during, and after completion of the services, if requested.

5.4.3 The Contractor must perform the on-site shredding services at a time mutually agreed upon by the Contractor and the Ordering Agency.

5.4.4 The Contractor’s vehicle must be fully operable throughout the shredding service.

5.4.4.1 The Contractor must have a back-up available in the event of equipment failure or insufficient capacity to finish the services required.

5.4.5 The Ordering Agency may require all personnel involved in the on-site destruction process to sign confidentiality agreements prior to starting services.

5.4.6 The Contractor must ensure that all loose particles in the immediate shredding area are collected and removed each time services are performed.

5.5. Off-Site Shredding Service

5.5.1 The Contractor must ensure that media remains secure from the moment of retrieval from the Ordering Agency until the destruction process has been completed.

5.5.1.1 The Contractor must maintain a clear and documented chain-of-custody throughout the transportation process.

5.5.1.2 The Contractor must transport media in secure, tamper-evident containers. Any tampering found during transportation must be immediately reported.

5.5.2 The Contractor’s vehicle(s) used for transporting media must be secure with locked compartments.

5.5.2.1 The Contractor must ensure that only authorized personnel have access to the vehicle and must ensure that vehicles are not left unattended during transit.

5.5.3 The Contractor’s vehicle(s) must be maintained in good condition to ensure the safe and secure transport of the media.

5.5.3.1 The Contractor must have backup vehicles available in the event of a breakdown and must have a procedure in place to ensure the security of the media is maintained while a backup vehicle is enroute.

5.5.4 The Contractor’s off-site destruction facility must be fully secured with access restricted to authorized personnel only.

5.5.4.1 The facility must have a monitored alarm system for areas where media is held prior to destruction.

5.5.4.2 The facility must have a closed-circuit camera system that monitors access points into destruction areas. This system must have playback capabilities for up to ninety (90) days.

5.6. Contractor Personnel Requirements

5.6.1 The Contractor’s personnel must:

5.6.1.1 Be trained in secure media handling and destruction procedures;

5.6.1.2 Be licensed and bonded to perform shredding services;

5.6.1.3 Display visible photo employee identification;

5.6.1.4 Be uniformed in company attire at all times while working at an Ordering Agency; and

5.6.1.5 Ensure that media is attended or physically secured at all times while in the Contractor’s custody.

5.6.2 The Contractor must perform background checks on all employees that will perform services.

5.6.2.1 The Ordering Agency may, at any time, request background check records for all personnel who will be handling media.

5.6.3 The Contractor’s personnel must not, under any circumstances, open or remove confidential paper media from the Contractor’s provided containers.

5.6.4 The Contractor’s personnel must not, under any circumstances, open, view, copy, or save the contents of any confidential electronic media.

5.7. Certificate of Destruction Requirements

5.7.1 The Contractor must provide a Certificate of Destruction (“COD”) to the Ordering Agency within three (3) business days of completing services, if necessary for Ordering Agency compliance requirements.

5.7.1.1 The Ordering Agency will notify the Contractor if a COD is required upon completion of shredding services.

5.7.1.2 The Contractor must not charge a separate fee for providing a COD.

5.7.2 The COD must guarantee that the confidentiality of all media was maintained from the time of collection to the time of destruction, and that none of the media was opened, read, copied, scanned, saved, or removed by the Contractor or Contractor’s personnel prior to destruction.

5.7.2.1 The COD must contain, at a minimum:

5.7.2.1.1 Address of the Ordering Agency;

5.7.2.1.2 Date of Destruction;

5.7.2.1.3 Volume or quantity of destroyed media;

5.7.2.1.4 Type of media destroyed (paper or electronic media);

5.7.2.1.5 Method of destruction utilized; and

5.7.2.1.6 Signature and title of Contractor’s personnel certifying the destruction.

6. 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:

6.1. Contract Monitoring

The Ordering Agency contact person will be responsible for activities such as monitoring performance, documentation, and reviewing and approving invoices. The Ordering Agency contact person will be the Contractor’s main contact for all day-to-day activities.

The Contract Administration Team (“CAT”) will consist of DOP Contract Administrators who will be responsible for executing amendments to the Contract, renewing or extending the Contract, handling the formal dispute resolution process (including cure notices), assessing any remedies, and terminating the Contract.

The Contractor must designate a primary point of contact to serve as the Contractor’s Contract Manager (“CCM”). The CCM will be responsible for overseeing the services performed on the Contract, coordinating activities with the Ordering Agency, and responding to notifications from the Ordering Agency and the CAT as appropriate.

6.2. Reporting Requirements

The Contractor must provide Quarterly Usage Reports as required by Section 5.1 of the State of Idaho Standard Contract Terms and Conditions.

6.3. Rural Location Mileage Reimbursement

The Contractor may invoice the Ordering Agency for mileage to service a location within a rural county. The Contractor must provide justification to the Ordering Agency showing why the location should be considered rural and must obtain approval from the Ordering Agency prior to billing for mileage reimbursement. The mileage must be for the Contractor’s work vehicle providing the shredding service for the Ordering Agency’s rural location. The Ordering Agency will only pay for one (1) work vehicles’ one-way travel from the Contractor’s location to the Ordering Agency’s rural location. If the Contractor requires an additional service vehicle, they must obtain approval from the Ordering Agency representative before requesting further assistance and resources.

Mileage must be charged beginning when the service vehicle leaves the Contractor’s location and ending when the service vehicle reaches the Ordering Agency’s rural location. The Contractor must travel directly from the Contractor’s location to the Ordering Agency’s rural location. The Ordering Agency will not pay for mileage to any other service stops on the way.

In the event the Contractor requires Federal mileage reimbursement for the service return trip to the Contractor’s location, the Contractor must show cause for requesting the reimbursement, after which the Contractor must receive approval from the Ordering Agency representative to process the reimbursement.

Mileage must be charged at the current federal mileage reimbursement rate on the day service was made, found at https://www.gsa.gov/mileage.

6.4. Compliance With Laws, Rules, Regulations

The Contractor’s services must be in compliance with all of the following laws, rules, and regulations:

6.4.1 Health Insurance Portability and Accountability Act (“HIPAA”);

6.4.2 Fair and Accurate Credit Transactions Act (“FACTA”) Disposal Rule; and

6.4.3 Gramm-Leach-Bliley Act (“GLBA”).

6.5. National Association for Information Destruction (“NAID”) Certification The Contractor must be certified with NAID throughout the life of the Contract. The Contractor must submit documentation of their current NAID certification upon award of the Contract. A lapse in NAID certification during the term of the Contract may result in termination of the Contract.

6.6. Price Adjustment Clause

Prices must be firm for one (1) year from the effective date of the Contract. A price adjustment may be considered two (2) times per year thereafter. If a price adjustment is requested, the Contractor must notify DOP in writing as further detailed below.

6.6.1 The Contractor must provide a letter identifying the line item of the Contract, the increase in amount for each item, and a detailed reason for the increase.

6.6.2 The Contractor must provide supporting documentation such as letters from suppliers, price index, etc.

Increase will be limited to the actual increases to the Contractor that are applicable industry wide. Price increases will not be effective until an Amendment to the Contract is agreed to by all parties and executed by DOP.

6.7. 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.

6.8. 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.

6.9. Billing Procedure

The Contractor must provide a signed invoice upon service completion. The invoice and any required Certificates of Destruction must be submitted no later thirty (30) calendar days after services were provided. No invoice will be accepted or paid without receipt of required documentation. Invoices submitted without the required documentation will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

1. IPRO contract number and Agency PO number

2. Identification of billing period

3. Total amount billed for the billing period

4. Detailed description of services provided and associated $ amounts, as appropriate

5. Name of authorized individual and contact information for Contractor

Invoices and reports are to be submitted to the designated Ordering Agency contact person.

EXHIBIT 3

Pre-Bid Conference Registration Form

A PRE-BID CONFERENCE WILL NOT BE HELD FOR THIS SOLICITATION

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 774 Statewide Shredding Services

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…