B-10039 Scrap Metal Services Regions 1-6 IFB 200330 Amd 1.docx

The Illinois Department of Central Management Services (“Agency” or “State”) requests Bids from responsible vendors to meet its needs. A brief description is set forth below for Bidder’s convenience, with detailed requirements in subsequent sections of this solicitation. If interested and able to meet these requirements, the State appreciates and welcomes a Bid.

Brief Description:

The Illinois Department of Central Management Services (CMS) is requesting offers from professional companies to provide Scrap Metal Services including pick-up and removal from authorized locations and disposal or recycling of such metals as appropriate under the resulting Contract. The State has established nine (9) regions which coincide with the Illinois Department of Transportation (IDOT) Districts and are detailed in the solicitation. This solicitation covers only Regions 1-6 (IDOT Districts 1-6). The State may award to multiple vendors in the designated regions to ensure adequate delivery of services. Bidders may choose to submit bids for a single region or multiple regions.

The resulting contract with the awarded Bidder shall have an initial term of up to six (6) years with no option to renew. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions exceed ten (10) years. 30 ILCS 500/20-60.

Please read the entire solicitation package and submit a Bid for evaluation in accordance with the instructions. All forms and signature areas contained in the solicitation package should be completed in full and submitted along with the price proposal which will constitute the Bid. Do not submit the instructions pages with bids. Bidders should keep the instructions and a copy of their bids for future reference.

Forms A and Forms B may be downloaded from the Chief Procurement Officer for General Service’s website at https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx . These sections are a material part of this solicitation, and must be returned when applicable with a Bidder’s Bid.

NOTE: DOCUMENTS SIGNED BY PERSONS OTHER THAN PRESIDENT, CEO, OR OWNER, SHOULD SUBMIT A SIGNATURE AUTHORITY LETTER WITH THE BID.

Bids that do not adhere to form and content of the Invitation for Bid requirements may not be considered.

NOTE: Per CPO Notice 2020.06, and due to the spread of the Coronavirus Disease 2019 (COVID-19):

“State agencies shall only accept electronic submissions for competitive solicitations (IFB and RFP) through BidBuy. Manual submissions in paper format shall not be accepted nor considered.

STATE OF ILLINOIS

INVITATION FOR BID

Department of Central Management Services Scrap Metal Services in Regions 1-6

20-416CMS-BOSS4-B-10039

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not discriminate in employment, contracts, or any other activity.

The State of Illinois encourages prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center, in appropriate circumstances.

State of Illinois IFB Title Page V.20.1

SECTION 1.

Part

SECTION 2.

Offer to the State of Illinois B.

SECTION 3.

Exceptions to Solicitation and Contract Terms and Conditions C.

CONTRACT

The following sections (FORMS A, FORMS B) of the solicitation may be found on the CPO’s website at:

https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx

FORMS A

Complete this section if you are not using a State of Illinois Vendor Registration Number which represents registration in the Illinois Procurement Gateway (IPG).

FORMS B

Complete this section if you are using an active State of Illinois Vendor Registration Number.

To ensure that you are registered in the IPG, search for your business name in the IPG Registered Vendor Directory. If your company does not appear in the search results, then you are not registered in the IPG.

OUTLINE

State of Illinois IFB

OUTLINE

V.20.1

SECTION 1. INSTRUCTIONS AND GENERAL INFORMATION

PROCESS CHANGES RESULTING FROM BIDBUY: BidBuy is the new electronic procurement system being used by State agencies under the jurisdiction of the Chief Procurement Officer for General Services. With the implementation of BidBuy, some procurement processes have changed. In some instances, BidBuy entirely replaces the State’s previous procurement processes. In others, the past instruction or process remains unchanged or is augmented by BidBuy.

The State publishes Invitations for Bid (IFB) in BidBuy. BidBuy consists of public webpages that may be referred to as the “Bulletin” or information “on BidBuy”. BidBuy also permits vendors to create password protected Seller Accounts allowing electronic quoting for some procurement methods. The IFB, along with other attachments and information on BidBuy, constitutes the State’s solicitation. The State will only accept electronic bids in response to IFBs through BidBuy. Bidders may continue to submit bids in paper format and in accord with the instructions for submission. Bidders must pay special attention to the instructions found on BidBuy as they augment the information in this IFB. Bidders shall read the entire contents of this IFB and direct any questions to the Information Contact found on the BidBuy posting.

CONFLICT BETWEEN INFORMATION ON PAPER AND BIDBUY: If the State provides information in paper format (i.e. the IFB and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in paper format is presumed to represent the State’s intent. If the Bidder provides information in paper format that is different or in conflict with the information the Bidder provides in BidBuy, then the information in paper format shall represent the Bidder’s intended submission.

HOW TO ENTER INFORMATION: Type information in the text form fields provided. Text form fields are indicated by the instruction “Click here to enter text.” in red font. If the information requested does not apply to the Bidder’s situation, then enter “N/A” into the text form field. Please enter the requested information or N/A into every red text field. Please note that the CONTRACT section of this solicitation may be used as the contract between the State of Illinois and the awarded vendor. If used, then the Financial Disclosures and Conflicts of Interest, Disclosure of Business Operations in Iran, and Standard Certifications provided in Forms A or the Illinois Procurement Gateway, and certifications and disclosures provided in Forms B (if applicable) will become a material part of the contract.

If the State allows electronic quotes, then the Bidder may submit some information via BidBuy by following the prompts and instructions contained within BidBuy.

PUBLISHED PROCUREMENT INFORMATION: The State publishes procurement information, including solicitations, awards, and amendments, on the General Services Illinois Procurement Bulletin, referred to as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Bidder is responsible for monitoring the Bulletin. The State will not be held responsible if Bidder fails to receive the optional e-mail notice of future amendments to the solicitation.

INFORMATION CONTACT: The individual listed in the “Info Contact:” on the Bulletin posting shall be the single point of contact for this solicitation. Unless otherwise directed, Bidders should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any bid with any State officer or employee other than the Information Contact.

BIDDER QUESTIONS AND AGENCY RESPONSE: All questions pertaining to this solicitation must be submitted in writing via email to the Information Contact no later than seven (7) days after the original Bulletin publication in BidBuy. Questions received and Agency responses may be posted as an Amendment to the original solicitation on the Bulletin; only these posted answers to questions shall be binding on the State. Bidders are responsible for monitoring the Bulletin.

PRE-SUBMISSION CONFERENCE – N/A

BID DUE DATE, TIME, AND ADDRESS FOR SUBMISSION OF BIDS: Each solicitation contains the Bid Due Date and Time appearing as the “Bid Opening Date:” on the Bulletin posting. Electronic Bids will be opened on the “Bid Opening Date:” Late bids shall be deemed non-responsive and will not be considered. 44 ILL. ADM. CODE 1.2005(b).

STATE OF ILLINOIS

INSTRUCTIONS AND GENERAL INFORMATION

A.8.1. Bid Firm Time: Vendor’s Bid must remain firm for 180 days from opening.

State of Illinois IFB Section 1. Part A. Instructions and General Information V.20.1 ORGANIZATION REQUIRED: Bids in shall be submitted in three packets. Please follow these instructions carefully.

A.9.1. Packet 1 shall contain the Contract section and if applicable a Redacted copy (Section 1, Part A.17).

A.9.2. Packet 2 shall contain the Offer (Section 2, Part B).

If applicable, the packet shall also contain Exceptions to Solicitation Contract Terms and Conditions (Section 3, Part C).

A.9.2.1. Exceptions must be provided on the Exceptions to Solicitation Contract Terms and Conditions form or must be in a substantially similar format. Agency discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of the Bid.

A.9.2.2. Additional Bidder Provisions may be stated on the Exceptions to Solicitation Contract Terms and Conditions form, but should not include exceptions to Agency specifications, terms and conditions, or any other part of this solicitation. This is supplemental information that supports a Bidder’s position or, for example, a Bidder’s licensing agreement.

A.9.3. Packet 3 shall contain either Forms A or Forms B. Forms A contains eight forms and shall be completed by Bidders that do not have an active registration in the Illinois Procurement Gateway (IPG).

Forms B consists of two pages and a one-page Taxpayer Identification Number. Forms B is completed by Bidders that have a valid IPG registration number with expiration date and elect to not use the forms found in Forms A.

SUBMISSION OF BIDS: Submission of bids via BidBuy by electronically entering pricing and attaching all relevant documentation is required. The quantities the State has provided in BidBuy are for estimation and evaluation purposes only and are not a guarantee of services under this contract which may be more or less than the estimated quantities provided.

A.10.1. The Bidder shall submit the following forms and others by uploading them in the Attachment tab in BidBuy.

· Offer to the State

· Contract

· Redacted copy of Bid (if applicable)

· Exceptions to Solicitation Contract Terms and Conditions (if applicable)

· Forms A (if applicable)

· Forms B (if applicable) The Bidder must complete, sign, and upload all required documents, such as the Contract and either Forms A or Forms B.

A.10.2. Bids are not accepted via fax or email.

SECURITY: Bid Bond $ 0 / Performance Bond $ 0. If a bid bond is required, Bidder must submit the bid bond with the Bid. If a performance bond is required, Bidder must submit the performance bond to the solicitation contact within ten (10) days after award. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to the State.

SMALL BUSINESS SET-ASIDE: In the Bulletin posting, if “Yes” is shown to the question “Is this subject to Small Business Set-Aside?”, then Bidder must be qualified by the Small Business Set-Aside Program at the time bids are due in order for the Bid to be evaluated. For complete requirements and to qualify Bidder’s business in the Small Business Set-Aside Program, visit the CPO’s website at https://www2.illinois.gov/cpo/general/Pages/Sell2Illinois.aspx.

MINORITY CONTRACTOR INITIATIVE: The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any bidder awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

FEDERAL FUNDS: The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of the goods and/or services involved which are Federally funded and the dollar amount of such Federal funds will be disclosed.

EMPLOYMENT TAX CREDIT: Bidders who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits.

GOVERNING LAW AND FORUM: Illinois law and rules govern this solicitation and any resulting contract. Bidder must bring any action relating to this solicitation in the appropriate court in Illinois. This document contains statutory references designated with “ILCS.” Bidder may view the full text at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 Ill. Adm. Code Part 1 are applicable to this solicitation and may be respectively viewed at http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7 and http://www.ilga.gov/commission/jcar/admincode/044/044parts.html.

PUBLIC RECORDS AND REQUESTS FOR CON FIDENTIAL TREATMENT: Bids become the property of the State. All bids will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Bidder requests in its Bid that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Bids confidential. Bidders must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Bidder’s name, the substance of the Bid, and the price.

If Bidder requests confidential treatment, Bidder must submit additional copy/copies (see Instructions for Submission of Bids in Section A.10) of the Bid with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed, and shall retain as much of the Bid as possible. In a separate attachment, Bidder shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure. Bidder must label the attachment as “Redacted” and submit it with Packet 1.

Bidder will hold harmless and indemnify the State for all costs or damages associated with the State defending Bidder’s request for confidential treatment. Bidder agrees that the State may copy the Bid to facilitate evaluation, or to respond to requests for public records. Bidder warrants that such copying will not violate the rights of any third party.

When submitting a redacted copy of the Bid via BidBuy, the Bidder shall include “Redacted” in the file name. When attaching the unredacted version, the Bidder shall include “Unredacted” in the file name and check the Confidential box on the Attachments tab which ensures that BidBuy does not display the unredacted document to the public.

RESERVATIONS: Bidder must read and understand the solicitation and tailor the Bid and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all bids, award by item, group of items, or grand total, and waive minor defects. The State may request a clarification, inspect Bidder’s premises, interview staff, request a presentation, or otherwise verify the contents of the Bid, including information about subcontractors and suppliers. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code (30 ILCS 500/), associated administrative rules and other applicable State and Federal statutes and regulations. This competitive process may require that the Bidder provide additional information or otherwise cooperate with the State. If a bidder does not comply with requests for information or cooperate, the State may reject the bid as non-responsive to the solicitation. Submitting a bid does not entitle the Bidder to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any bid. Awarded vendor(s) shall not commence, and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

AWARD: The State is not obligated to award a contract pursuant to this solicitation. If the State issues an award, the award will be made to the lowest discount percentage submitted by region which will result in the greatest return to the State of Illinois. The State will post a notice to the Bulletin identifying the awarded bidder. The State may accept or reject a bidder’s bid as submitted, or may require contract negotiations. If negotiations do not result in an acceptable agreement, the State may reject the bidder’s bid and begin negotiations with another bidder. Awards are not final until all protests are resolved.

The State may award to multiple vendors in each region to ensure adequate delivery of services. Bidders may choose to submit bids for a single region, multiple regions, or all regions. One vendor shall be designated as the primary recipient of orders in each region and the other awardees may receive orders in the event the primary vendor is unable to deliver.

INVOICING ADDRESS: The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Vendor shall not bill for any taxes unless accompanied by proof the State is subject to the tax. If necessary, Vendor may request the applicable Agency’s Illinois tax exemption number and Federal tax exemption information.

PROTEST REVIEW OFFICE: Bidders may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 Ill. Adm. Code 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual bids or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office information is as follows:

Chief Procurement Office Email: eec.legalstaff@illinois.gov Attn: Protest Review Office

Springfield, IL 62706 EVALUATION PROCESS: The State evaluates three categories of information: Responsibility, Responsiveness, and Price. The State will consider the information provided and the quality of that information when evaluating the bidder’s bid. If the State finds a failure or deficiency, the State may reject the bid or reflect the failure or deficiency in the evaluation.

A.22.1. RESPONSIVENESS: A responsive bidder is one who submits a bid that conforms in all material respects to the Invitation for Bid and includes all required forms. Required forms may include, but may not be limited to:

A.22.1.1. Subcontractor Disclosure: If the Bid includes any subcontractors, then Bidder shall provide the names and addresses of subcontractors in the CONTRACT, Part 1.6.

A.22.1.2. If completing Forms B, then responsiveness may include and may not be limited to:

· Active Illinois Procurement Gateway registration # with expiration date

· Disclosure of lobbyists for Bidder and parent entity(ies)

· Disclosure of pending and current contracts

· Certifications timely to this solicitation A.22.1.3. If completing Forms A, required forms may include and may not be limited to:

· Business and Directory Information: Bidder should complete and return the Business and Directory Information form in Forms A , Part 1.

· Illinois Department of Human Rights Public Contracts Number: Bidder shall complete and return the IDHR Public Contracts Number form in Forms A , Part 2.

· Authorized to Transact Business or Conduct Affairs in Illinois: A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity prior to submitting a bid and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. For more information, see Authorized to Transact Business or Conduct Affairs in Illinois in Forms A, Part 3.

· Standard Certifications: Offeror shall complete and submit the Standard Certifications form in Forms A, Part 4.

· State Board of Elections Registration: Vendor or Bidder may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Forms A, Part 5.

· Disclosure of Business Operations with Iran: Offeror should complete and submit the Disclosure of Business Operations with Iran form in Forms A, Part 6.

· Financial Disclosures and Conflicts of Interest: Bidder shall complete and submit the Financial Disclosures and Conflicts of Interest form in Forms A, Part 7, or in the Illinois Procurement Gateway.

· Taxpayer Identification Number: Bidder shall complete and submit the Taxpayer Identification form in Forms A, Part 8.

A.22.1.4. The State will determine whether the Bid meets the stated requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no bidder meets a particular requirement, the State may waive that requirement.

A.22.1.5. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered with proof the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.

A.22.1.6. The State will determine whether Bids complied with the instructions for submitting bids. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that a bidder correct deficiencies as a condition of further evaluation.

A.22.2. RESPONSIBILITY: A responsible Bidder is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Bidder is a “responsible” bidder; a bidder with whom the State can or should do business. For example, the State may consider the following:

A.22.2.1. A “prohibited bidder” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, goods or services after providing the State with a demonstration of the developing technology, goods, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code (30 ILCS 500/) or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies (30 ILCS 500/50-10.5).

A.22.2.2. Other factors that the State may evaluate to determine responsibility include, but are not limited to: political contributions, certifications, conflict of interest, financial disclosures, taxpayer identification number, past performance in business or industry, references (including those found outside the offer,) compliance with applicable laws, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages if required by law, capacity to produce or sources of supply, and the ability to provide required maintenance service or other matters relating to the bidder’s ability to deliver in the quality and quantity within the time and price as specified in this solicitation.

A.22.2.3. Awarded bidders must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. The State may require a performance bond if, in the opinion of the State, it ensures performance of the contract. The State may terminate the contract, consistent with the termination for cause provision of the contract, if the vendor lacks the financial resources to perform under the contract.

A.22.2.4. The State may require that a bidder correct any deficiencies as a condition of further evaluation.

A.22.3. PRICE: The State identifies the lowest priced bidder that meets responsibility and responsiveness requirements. The State ranks bids in order of price when appropriate. The quantities indicated under the Items Tab in BidBuy are for evaluation purposes only and are no guarantee of actual usage. Pricing submitted will be used in the resulting contract.

BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Offer non-responsive. 30 ILCS 575/4(f). All questions regarding the subcontracting goal must be directed to the Agency Business Enterprise Program (BEP) Liaison prior to submission of proposals.

BEP Liaison: Katrina Livingston Email Address: katrina.livingston@illinois.gov This solicitation does not have a BEP Goal.

VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of proposals.

Veteran Small Business Liaison: Krysti Rinaldi Email Address: krysti.rinaldi@illinois.gov This solicitation does not have a VBP Goal.

BIDBUY TERMINOLOGY AND GUIDANCE: BidBuy is an online e-procurement system. There may be some difference between the procurement terminology used in this solicitation and the terms used in BidBuy. Please learn more about BidBuy by accessing the online resources found here:

https://www2.illinois.gov/cpo/PathwayToProcurement/Pages/Guides-and-Manuals.aspx.

-END OF INSTRUCTIONS

SECTION 2. OFFER TO THE STATE OF ILLINOIS

Project Title / BidBuy Reference #: 20-416CMS-BOSS4-B-10039 Scrap Metal Services Regions 1-6 The undersigned authorized representative of the identified Bidder hereby submits this Offer to the State of Illinois to perform in full compliance with the subject solicitation. By completing and signing this form, Bidder makes an Offer to the State of Illinois that the State may accept.

Bidder should use this Form as a final checklist to ensure that all required documents are completed and submitted with the Bid. Bidder must mark each blank below as appropriate; mark N/A when a section is not applicable to this solicitation. Bidder understands that failure to meet all requirements is cause for disqualification.

B.1 SOLICITATION AND CONTRACT REVIEW: Bidder has reviewed the Solicitation and Contract, including all referenced documents and instructions, filled in all relevant blanks, and provided any requested information.

|_| Yes |_| No B.2 ADDENDA: Bidder has taken into account any and all addendums to the solicitation in making this Bid.

|_| Yes |_| No |_| N/A B.3 PRE-SUBMISSION CONFERENCE: If attendance was mandatory, Bidder attended the Pre-Submission Conference.

|_| Yes |_| No |X| N/A B.4 BID SUBMISSION: Manual submissions in paper format will not be accepted nor considered. Bids must be submitted electronically.

B.5 FORMS A or FORMS B: Bidder is properly submitting either Forms A or Forms B, but not both.

|_| Yes |_| No B.6 SMALL BUSINESS SET-ASIDE: Bidder is a qualified small business in the Small Business Set-Aside Program at the time Bids are due.

|_| Yes |_| No |X| N/A

B.7 PACKET 1 – CONTRACT

|_| Yes |_| No

B.8 PACKET 2 – OFFER

|_| Yes |_| No

B.9 PACKET 3 – FORMS A

B.10 PACKET 3 – FORMS B

B.11 CONTRACT SIGNATURE

Bidder has signed and filled out all Vendor information on the CONTRACT SIGNATURES page.

|_| Yes |_| No Please note that the PO/Contract number will be added to the contract once generated through BidBuy after award.

B.12 SUBCONTRACTING

Bidder has indicated if subcontractors will be used and provided all requested information.

|_| Yes |_| No |_| N/A

B.13 LOCATION OF PERFORMANCE

Bidder has provided the location and known or anticipated value of services to be performed.

|_| Yes |_| No

B.14 REFERENCES – N/A

B.15 PRICING

Bidder has completed the PRICING part of the CONTRACT.

|_| Yes |_| No Please note that the rate charts for regions in which the Vendor does not provide pricing will be removed from the contract prior to final execution.

B.16 EXCEPTIONS

In preparing the Bid, Bidder has taken (check one box below):

|_| No Exceptions |_| Exceptions to the State’s language or requirements; Exceptions must be provided on the State’s form (Section 3, Part C.1) or must be in a substantially similar format. The State discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of Bidder’s Bid.

B.17 REQUEST FOR CONFIDENTIAL TREATMENT

Bidder has supplied an additional copy of the Bid with confidential information deleted. In the event the designation of confidentiality of this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the State harmless for any costs or damages arising out of the State agreeing to withhold the materials based on Bidder’s request.

|_| No, Bidder is not requesting confidential treatment for this Bid |_| Yes, Bidder is seeking confidential treatment for portions of this Bid

B.18 PREFERENCES

The Illinois Procurement Code provides various preferences to promote business opportunities in Illinois.

Does Bidder make any claims for preferences? If so, please mark the applicable preference(s) and include the list of items that qualify for the preference at the end of this section and a description of why the preference applies. The State reserves the right to determine whether the preference indicated applies to Bidder.

|_| Resident Bidder (30 ILCS 500/45-10) |_| Recycled Supplies (30 ILCS 500/45-20) |_| Recyclable Paper (30 ILCS 500/45-25) |_| Environmentally Preferable Supplies or Services (30 ILCS 500/45-26) |_| Illinois Correctional Industries (30 ILCS 500/45-30) |_| Not-for-Profit Agencies for Persons with Significant Disabilities (30 ILCS 500/45-35) |_| Gas Mileage (30 ILCS 500/45-40) |_| Small Businesses (30 ILCS 500/45-45) |_| Illinois Agricultural Products (30 ILCS 500/45-50) |_| Corn-Based Plastics (30 ILCS 500/45-55) |_| Veterans (30 ILCS 500/45-57) |_| Vehicles Powered by Agricultural Commodity-Based Fuel (30 ILCS 500/45-60) |_| Public Purchases in Other State (30 ILCS 520) |_| Illinois Mined Coal Act (30 ILCS 555) |_| Steel Products Procurement (30 ILCS 565) |_| Veteran’s Preference (330 ILCS 55) |_| Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575) |_| Procurement of Domestic Products (30 ILCS 517) |_| Bio-based Products (30 ILCS 500/45-75)

Items that Qualify and Explanation: Click here to enter text

Signature of Authorized Representative:

Printed Name of Authorized Representative:

Bidder’s Name: Click here to enter text Date: Click here to enter a date.

NOTE: DOCUMENTS SIGNED BY PERSONS OTHER THAN PRESIDENT, CEO, OR OWNER, SHOULD SUBMIT A SIGNATURE AUTHORITY LETTER WITH THE BID.

OFFER TO THE STATE OF ILLINOIS

Section 2. Part B. Offer to the State of Illinois V.20.1

SECTION 3.

C. EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

Click here to enter text agrees with the terms and conditions set forth in the State of Illinois Invitation for Bid, including the standard terms and conditions, the Agency supplemental provisions, certifications, and disclosures, with the following exceptions:

Excluding certifications required by statute to be made by the Vendor, both Parties agree that all of the duties and obligations that the Vendor owes to the Agency for the work performed shall be pursuant to the solicitation and resulting contract, and Vendor’s exceptions accepted by the State thereto as set forth below.

STANDARD TERMS AND CONDITIONS

ADDITIONAL VENDOR TERMS AND CONDITIONS

Click here to enter text hereby agrees to the exceptions provided by Click here to enter text and to the Additional Terms and Conditions provided by Click here to enter text.

EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

Section 3. Part C. Exceptions to Solicitation and Contract Terms and Conditions V.20.1 The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

Contract includes BidBuy Purchase Order? (The Agency answers this question prior to contract filing.)

☐ Yes ☒ No Contract uses Illinois Procurement Gateway Certifications and Disclosures?

☐ Yes (IPG Certifications and Disclosures including FORMS B) ☐ No

1. DESCRIPTION OF SUPPLIES AND SERVICES

2. PRICING

3. TERM AND TERMINATION

4. STANDARD BUSINESS TERMS AND CONDITIONS

5. STATE SUPPLEMENTAL PROVISIONS

6. STANDARD CERTIFICATIONS

7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST

8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES – “FORMS B” (IF APPLICABLE)

9. PURCHASE ORDER FROM BIDBUY (IF APPLICABLE)

In consideration of the mutual covenants and agreements contained in this contract, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this contract to be executed by their duly authorized representatives on the dates shown on the following CONTRACT SIGNATURES page

CONTRACT

Contract: Title Page V.20.1

VENDOR

Date:

Street Address: 401 South Spring Street

City, State ZIP: Springfield, IL 62706

Printed Name:

Official’s Title:

Legal Printed Name:

Legal’s Title:

Fiscal’s Printed Name:

Fiscal’s Title:

Contract: Signature Page V.20.1

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

· Agency Reference #: 18-416CMS-BOSS4-R-10869

· Project Title: Scrap Metal Services in Regions 1-6

· Contract #:

· Procurement Method (IFB, RFP, Small Purchase, etc.): IFB

· BidBuy / Bulletin Reference #: 20-416CMS-BOSS4-B-10039

· BidBuy / Bulletin Publication Date:

· Award Code: A

· Subcontractor Utilization? |_| Yes |_|No Subcontractor Disclosure? |_| Yes |_|No

· Funding Source:

· Obligation #:

· Other Preferences?

Contract: State Use Only V.20.1

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. GOAL: It is the intent of the State of Illinois to establish Contracts for Scrap Metal Services including pick-up and removal from authorized locations and disposal or recycling of such metals as appropriate, in the Regions identified in Section 1.2.8.

The Vendor shall pay the State the published Iron Age Scrap Price Bulletin weekly high side rate per gross ton, minus a percentage determined at the award of any contract.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

The Vendor shall provide all labor, materials, and equipment necessary for removal of scrap metal materials from all locations within their contracted Regions.

1.2.1. “Scrap metal” and “materials” shall be defined as the #2 bundle per ton under this contract. Both “scrap metal” and “materials” may vary in type but shall include but not be limited to: steel, equipment, plastics containing metal, wood including plywood, posts, and miscellaneous items such as concrete frames and grates.

1.2.2. Vendor will provide a minimum of one 20-yard dumpster or portable container on the premises of each location as requested or required by the State Agency.

1.2.3. Additional or larger dumpsters or containers will be provided by the Vendor if requested or required by the State Agency at no cost to the State Agency.

1.2.4. In the event any scrap metals or materials picked up at the Illinois Department of Transportation (IDOT) locations contain any traffic signs or markers, those scrap metals shall be shredded, baled, or otherwise reduced to scrap. Under no circumstances may such materials be sold, donated, given, or otherwise provided to retail, consignment, or other organizations or any other persons.

1.2.5. The Vendor shall remove all scrap materials as requested or required by the State Agency and not only select pieces.

1.2.6. Specialty metals or materials such as separated aluminum, copper, brass, etc., must be approved for disposal by CMS Property Control. This includes separated materials such as road and street signs, light posts, fencing, HVAC copper, etc. CMS will approve disposal based on current market conditions and pricing for specialty metals or materials.

1.2.7. Any responsible officer, person or employee of State government who violates any of the provisions, rules, regulations, directions, and orders as set forth under the State Property Control Act 30 ILCS 605/et. seq. shall be guilty of a Class B misdemeanor. (30 ILCS 605/9)

1.2.8. The Regions are defined as follows:

Region 1: Counties of Cook, DuPage, Kane, Lake, McHenry, and Will.

Region 2: Counties of Boone, Carroll, Henry, JoDaviess, Lee, Ogle, Rock Island, Stephenson, Whiteside, and Winnebago.

Region 3: Counties of Bureau, DeKalb, Ford, Grundy, Iroquois, Kankakee, Kendall, LaSalle, and Livingston.

Region 4: Counties of Fulton, Henderson, Knox, Marshall, McDonough, Mercer, Peoria, Putnam, Stark, Tazewell, Warren, and Woodford.

Region 5: Counties of Champaign, DeWitt, Douglas, Edgar, McLean, Piatt, and Vermilion.

Region 6: Counties of Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler, and Scott.

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1.2.9. Service locations in each region may include but will not be limited to the facilities listed in Section 5 of this Contract.

1.2.10. Region 6 MANDATORY: The Region 6 contract includes scrap metal and material generated from the CMS Surplus Property Warehouse facility located at 1924 S. 10 ½ Street, Springfield (Sangamon County), IL 62703. As a result of collective bargaining agreements, scrap metal and material generated in the CMS Surplus Property Warehouse must be transported with State-owned equipment by qualified State employees (Teamsters). In order to comply with collective bargaining agreements, the State requires the Region 6 Vendor to be located within a ten (10) mile radius of the CMS warehouse located at 1924 S. 10 ½ Street, Springfield, IL 62703.

For procurements conducted in BidBuy, the State may include in this contract the BidBuy Purchase Order as it contains the agreed Supplies and/or Services.

1.3. MILESTONES AND DELIVERABLES:

1.3.1. Payment to the State shall be monthly based upon:

1.3.2. The Vendor shall remit payment for scrap metals or materials sales to the Illinois Department of Central Management Services, Property Control Division.

1.3.3. Payment shall be made payable to: State Surplus Property Revolving Fund (SSPRF).

1.3.4. The Vendor will provide two (2) copies of the weight ticket to the State as follows: one (1) copy to the State Agency from which scrap metals or materials were collected and one (1) copy shall accompany the bank draft, check, or money order to the CMS Property Control Division.

1.3.5. CMS reserves the right to modify the terms of this Contract (including locations provided in Section 5 of this Contract) in order to ensure the best possible delivery of service to State Agencies and/or to maximize the economic return to the State of Illinois.

1.3.6. The following is a list of State of Illinois recognized holidays: New Year’s Day, Martin Luther King Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, General Election Day, Thanksgiving Day and the Friday following Thanksgiving, and Christmas Day.

1.3.7. The Vendor will report to the Department of Central Management Services Bureau of Strategic Sourcing (BOSS) an annual Contract Usage Report. This report shall be in a tab-delimited text file or an Excel spreadsheet that references the BidBuy Purchase Order (PO) number, time period being reported, and must include the following:

PO Line Number, Quantity, Unit of Measure, and Delivery Address.

The report will be sent to the following email address: CMS.BOSS.Sourcing@illinois.gov.

1.4. VENDOR / STAFF SPECIFICATIONS:

1.4.1. The Vendor shall certify that it is an Environmental Protection Agency (EPA) certified refrigerant reclaimer and compliant with disposal practices that maximize recovery and recycling of ozone-depleting substances, known as “CFCs” and “HCFCs” during disposal of air-conditioning and refrigeration equipment (Clean Air Act 42 U.S.C. §7401/608).

1.4.2. The Vendor shall have established safe disposal procedures to ensure removal of refrigerants from goods that enter the waste stream with the charge intact (e.g., refrigerators, air conditioners, motor vehicle a/c units). The EPA is authorized to assess fines of up to $37,500 per day for any violation of regulations.

1.