B-33802 JPMC Asphalt Equipment IFB~5.docx

The Department of Central Management Services 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:

This solicitation is issued by the Illinois Department of Central Management Services in cooperation and agreement with the Chief Procurement Officer for General Services. The purpose of this solicitation is to establish a Joint Purchase Master Contract to enable Central Management Services, governmental units, and qualified not-for-profit agencies to purchase asphalt equipment on an as needed basis during the contract period. By submitting a bid, Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in the resulting contract for the items in the resulting contract to all governmental units and qualified not-for-profit agencies.

The supplies or services subject to the resulting contract shall be distributed or rendered directly to each governmental unit or qualified not-for-profit agency. Vendor shall bill each governmental unit or qualified not-for-profit agency separately for its actual share of the costs of the supplies or services purchased. The credit or liability of each governmental unit or qualified not-for-profit agency shall remain separate and distinct. Disputes between vendors and governmental units or qualified not-for-profit agencies shall be resolved between the affected parties.

“Governmental unit” means State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority which has the power to tax or any other public entity created by statute. “Qualified not-for-profit agency” means any not-for-profit agency that qualifies under Section 45-35 of the Illinois Procurement Code and that either (1) acts pursuant to a board established by or controlled by a unit of local government or (2) receives grant funds from the State or from a unit of local government.

The resulting contract with the awarded Bidder is expected to be over $50,000 in value annually and shall have an initial term of four (4) 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. If submitting your Bid in paper format and by mail, do not submit the instructions pages with bids. Bidders should keep the instructions and a copy of their bids for future reference.

Forms A, Forms B, BEP Utilization Plan, and VSB Utilization Plan may be downloaded from the Chief Procurement Officer for General Service’s website at https://cpo-general.illinois.gov/solicitation-and-contract-templates.html. 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, MUST SUBMIT A SIGNATURE AUTHORITY LETTER WITH THE BID. ALL SIGNATURES MUST BE ORIGINAL WET SIGNATURES.

PER CPO NOTICE 2020.06:

“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

Central Management Services JPMC Asphalt Equipment

23-416CMS-BOSS4-B-33802

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

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.23.1

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, BEP Utilization Plan, VSB Utilization Plan, Letter of Intent) of the solicitation may be found on the CPO’s website at:

https://cpo-general.illinois.gov/solicitation-and-contract-templates.html

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.

Download from the CPO’s website and complete these documents if this IFB contains a Business Enterprise Program (BEP) goal.

BEP Utilization Plan Letter of Intent Template

Download from the CPO’s website and complete these documents if this IFB contains a Veteran Small Business Program (VBP) goal.

Veteran Small Business Utilization Plan Letter of Intent Template

STATE OF ILLINOIS

OUTLINE

State of Illinois IFB

OUTLINE

V.23.1

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 may 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, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact no later than seven (7) business days prior to bid opening date. 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

In the Bulletin posting, the Agency may schedule a Pre-Submission Conference as the “Pre-Bid Conference:”.

Is attendance at the Pre-Submission Conference mandatory? |_| Yes |X| No If attendance is mandatory, Bidder (current Vendor included) will be disqualified and considered non-responsive if Bidder does not attend, is not on time, leaves early or fails to sign the attendance sheet. Bidder must allow adequate time to accommodate security screenings at the site.

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. Bids will be opened at the Submit/Deliver Offers To address provided below 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.23.1 A.8.2. Submit/Deliver Paper Bids To: https://www.bidbuy.illinois.gov ORGANIZATION REQUIRED: Bids in paper format may be submitted in as few as three and as many as five packets. Please follow these instructions carefully. Separately seal and label each packet.

A.9.1. Packet 1 shall contain the Contract section and if applicable a Redacted copy (Section 1, Part A.15).

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.1) and References (Section 3, Part C.2).

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 returned 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 only returned by Bidders that have a valid IPG registration number with expiration date and elect to not use the forms found in Forms A.

A.9.4. Packet 4 shall contain a response to the Minorities, Women, and Persons with Disabilities participation requirements. Packet 4 is only returned if a Business Enterprise Program goal is stated in the Bulletin posting.

A.9.5. Packet 5 shall contain a response to the Veteran Small Business (VSB) participation requirements. Packet 5 is only returned if a VSB goal is stated in the Bulletin posting.

SUBMISSION OF BIDS: Bids may be submitted in paper format or via BidBuy if “Allow Electronic Quote: Yes” is indicated on the Bulletin posting.

A.10.1. If the State allows electronic quotes via BidBuy, the Bidder may submit the following forms and others by uploading them in the Attachment tab.

· Offer to the State

· Contract

· Redacted copy of Bid (if applicable)

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

· References (if applicable)

· Standard Certifications

· Forms A (if applicable)

· Forms B (if applicable)

· Letter of Intent (if applicable)

· BEP Utilization Plan (if applicable)

· Veteran Small Business Utilization Plan (if applicable)

· Bid or Performance bond (if applicable) If the Bidder submits its Bid entirely via BidBuy, then the Bidder must complete, sign, and upload all required documents, such as the Contract, BEP Utilization Plan if applicable, and either Forms A or Forms B.

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://cpo-general.illinois.gov/sell-2-illinois.html.

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 return it in 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.

If the State allows electronic quotes, then 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 responsive and responsible bidder who submits the lowest price. The State will post a notice to the Bulletin identifying the apparent low-cost 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.

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. The Bulletin posting contains the “Bill-to Address:” where invoices should be sent.

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. References: If references are required, then Bidder shall complete and return the References form in Section 3, Part C.2.

A.22.1.3. 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.22.1.4. 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 return 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 return the Disclosure of Business Operations with Iran form in Forms A, Part 6.

· Financial Disclosures and Conflicts of Interest: Bidder shall complete and return 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 return the Taxpayer Identification form in Forms A, Part 8.

A.22.1.5. 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.22.1.6. 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.22.1.7. 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 the bidder correct deficiencies as a condition of further evaluation.

A.22.1.8. Bids will only be accepted from established manufacturers or their authorized dealers. Any dealer submitting a bid hereby guarantees that it is an authorized dealer of the manufacturer and that the manufacturer has agreed to supply the dealer with all quantities of products required by the dealer in fulfillment of its obligations under any resultant contract with the State and all standard warranties shall be honored upon purchase. Bidder must submit authorized dealer letter upon request.

Bidders must be the manufacturer or a manufacturer’s authorized distributor of the proposed equipment and be capable of providing current/updated documentation of status with its bid and be capable of providing genuine parts, assemblies, and/or accessories as supplied by the original equipment manufacturer (OEM). Further, the Bidder must be capable of furnishing original product warranty and manufacturer’s related services such as product information, product recall notices, etc.

A.22.1.9. The State will determine whether the quote meets the stated requirements. Minor differences or deviations that have negligible impact on the price or suitability of the asphalt equipment 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.22.1.10. Substitution. If a bidder has asphalt equipment available in their current stock whose specifications closely, but do not exactly match the contract specifications, the State may consider such substitutions. If a responsive and responsible bidder meets specifications but a substitution is offered that is lower cost, the responsive and responsible bidder meeting the specifications will receive the award. In the event that there is not a responsive and responsible bidder meeting specification and there are multiple substitutions offered, CMS BOSS will make the final determination as to which substitute asphalt equipment meets their needs based on a blind evaluation of the asphalt equipment offered. CMS BOSS may determine that none of the asphalt equipment adequately meet the State’s needs in which case no award will be made.

A.22.1.11. Bidders shall provide detailed information sheets for each type of equipment being submitted on the Specification sheets (Exhibits A through N) that correspond to the equipment being submitted for the quote.

These information sheets will be used to determine whether the equipment meets the minimum specifications. Bidders must clearly identify areas of their equipment that do not meet specifications.

Bidders failing to submit documentation in support of meeting the minimum specifications may be deemed non-responsive A.22.1.12. Bidders shall provide a current Manufacturer Suggested Retail Price (MSRP) list for each type of asphalt equipment being submitted. The MSRP may be submitted in PDF, catalog, or Excel/CSV format within the Contract, Section 1.3.1. Bidders failing to submit an MSRP may be deemed non-responsive.

A.22.1.13. The Bidder or manufacturer of the unit which is considered for award shall, at the request of the State of Illinois, demonstrate this equipment within the receiving ordering entity in the presence of authorized personnel to prove out any features which may be in question.

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.

Pricing shall be submitted by entering the cost per unit of measure based on minimum order quantities on each line item in BidBuy. Prices must include all costs shipped F.O.B. Destination and may not include any additional costs due to taxes (federal or otherwise) unless accompanied by proof the State is subject to the tax.

A.22.3.4. Line Items: 2, 3, 5, 6, 8, 9, 11, 12, 14, 15, 17, 18, 20, 21, 23, 24, 26, 27, 29, 30, 32, 33, 35, 36 and 37.

Pricing shall be submitted by entering the percent discount for optional factory modifications or from Manufacturer’s Suggested Retail Price (MSRP) catalog for repair parts. Prices must include all costs shipped F.O.B. Destination and may not include any additional costs due to taxes (federal or otherwise) unless accompanied by proof the State is subject to the tax.

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.

Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified as BEP vendors prior to the Bid Opening Date. Go to https://cei.illinois.gov/ for complete requirements for BEP certification. Go to https://ceibep.diversitysoftware.com/ to search for certified BEP vendors.

The following NIGP Codes were used to calculate the Business Enterprise Program goal:

The vendors associated with the codes above are listed on the BEP Vendor Listing attached in BidBuy to the solicitation. This is not an all-encompassing list of who may be used as a subcontractor to fulfill this goal. If you have a potential subcontracting opportunity for goods or services by a vendor subject to the NIGP codes referenced in solicitation documents that would be considered applicable to the resulting contract, you may submit that subcontractor to fulfill the BEP goal, assuming they are BEP certified with the State of Illinois at the time of bid submission. Only vendors certified as BEP at the time of bid submission and subject to the code(s) above shall count towards the goal.

In order to be considered as having completed a “good faith effort”, you must contact 100% of all vendors and enter their responses in the BEP Utilization Plan.

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.

VSBP Goal: None 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 #: JPMC Asphalt Equipment/ 23-416CMS-BOSS4-B-33802 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 included 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 |_| N/A B.4 BID SUBMISSION: If submitting a Bid in paper format, Bidder has packaged the Bid in a properly labeled container, addressed to the correct location, included the correct number of copies, and allowed enough time for delivery by the due date and time.

proof of meeting the minimum specifications.

|_| Yes |_| No

Retail Price (MSRP) list OR attached a PDF or Excel version. The hyperlink may be inserted into the Contract portion under Section 1.3.1.

|_| Yes |_| No

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

|_| Yes |_| No B.6 BOND: If applicable, Bidder has submitted its Bid Bond or Performance Bond.

|_| Yes |_| No |X| N/A B.7 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.8 PACKET 1 – CONTRACT

|_| Yes |_| No

B.9 PACKET 2 – OFFER

B.10 PACKET 3 – FORMS A

B.11 PACKET 3 – FORMS B

B.12 PACKET 4 – BEP UTILIZATION PLAN

B.13 PACKET 5 – VSB UTILIZATION PLAN

B.14 CONTRACT SIGNATURE

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

|_| Yes |_| No

B.15 SUBCONTRACTING

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

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

B.16 LOCATION OF PERFORMANCE

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

|_| Yes |_| No

B.17 REFERENCES

Bidder has enclosed references and all pertinent contact information for the references.

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

B.18 PRICING

Bidder has completed the PRICING part of the CONTRACT and entered pricing and percentage discounts in BidBuy as required and instructed for each asphalt equipment type.

|_| Yes |_| No

B.19 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.20 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.21 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.

OFFER TO THE STATE OF ILLINOIS

Section 2. Part B. Offer to the State of Illinois V.23.1

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…