IFB 18-0145R Navistar Truck Repair Services Final.pdf

INVITATION FOR BID

#18-0145R Navistar Truck Repair Services

STATE OF ILLINOIS

Illinois Tollway

BidBuy Reference # 20-557THA-PROCU-B-15874

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, and other applicable state and federal laws, 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

The Illinois Tollway is an administrative agency of the State of Illinois which exists to provide for the construction, operation, regulation, and maintenance of a system of toll highways within the State of Illinois. The Tollway’s main revenue is derived from the tolls it collects from users. The Tollway is also empowered to enter into contracts; acquire, own, use, lease, operate, and dispose of personal and real property, including rights of way, franchises, and easements; establish and amend resolutions, by-laws, rules, regulations, and toll rates; acquire, construct, relocate, operate, regulate, and maintain the Tollway system; exercise powers of eminent domain and condemnation; raise or lower toll rates; and contract for services and supplies, including services and supplies for the various patron service areas on the Tollway system. Tollway funds are not appropriated by the Illinois General Assembly.

The Illinois Tollway 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 Tollway is seeking a vendor to provide authorized Navistar Original Equipment Manufacturer (OEM) Truck Repair Services. The Tollway currently operates approximately 240 medium- and heavy-duty Navistar trucks. The Illinois Tollway performs the majority of the repairs to these trucks in-house and will continue to process them in-house when feasible. This contract shall provide ancillary sources for Navistar truck repairs that, for various reasons, the Tollway is unable to perform directly. The types of repairs under this contract will be those that the Tollway’s experienced technicians cannot perform due to workload, uniqueness of the repair, or if Navistar warranty participation is expected. Since this contract is reactive to unexpected repairs, it is not possible to determine the number of repairs that will be performed by the Vendor(s) annually. A reasonable estimate for the total number of repairs is 25 per year.

Repair service locations shall be within the area as defined on the attached Illinois Tollway Regional Map, Exhibit 2. The Navistar OEM truck repair services shall be expedited to ensure that repairs are completed in a timely manner.

Bidders shall be authorized Navistar OEM warranty repair centers (refer to Section 1.4) capable of working with the Tollway and Navistar to complete warranty repairs that will include Tollway financial participation as some warranty repairs will require the Tollway to pay a portion. In instances where the authorized

Illinois Tollway

BidBuy Reference # 20-557THA-PROCU-B-15874

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, and other applicable state and federal laws, 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

Navistar OEM warranty repair requires components or the truck to be sent out for a portion of the repairs, the Tollway will allow for a third-party repair fee.

The resulting contract with the awarded Bidder shall have an initial term of five (5) years. 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. Subject to the maximum total term limitation, the Illinois Tollway has the option to renew for the following terms: two (2) years.

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://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.

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

OUTLINE

State of Illinois IFB

OUTLINE

V.20.1

SECTION 1.

Part Instructions and General Information ............................................................................................... A.

Process Changes Resulting from BidBuy ....................................................................................... A.1

Conflict Between Information in Paper Format and BidBuy ........................................................ A.2

How to Enter Information ............................................................................................................. A.3

Published Procurement Information ............................................................................................ A.4

Information Contact ...................................................................................................................... A.5

Bidder Questions and Agency Response ...................................................................................... A.6

Pre-Submission Conference .......................................................................................................... A.7

Bid Due Date, Time and Address for Submission of Bids .............................................................. A.8

Organization Required .................................................................................................................. A.9

Submission of Bids ...................................................................................................................... A.10

Security ....................................................................................................................................... A.11

Small Business Set-Aside ............................................................................................................. A.12

Minority Contractor Initiative ..................................................................................................... A.13

Federal Funds .............................................................................................................................. A.14

Employment Tax Credit .............................................................................................................. A.15

Governing Law and Forum ......................................................................................................... A.16

Public Records and Requests for Confidential Treatment ......................................................... A.17

Reservations ................................................................................................................................ A.18

Award .......................................................................................................................................... A.19

Invoicing Address ........................................................................................................................ A.20

Protest Review Office ................................................................................................................. A.21

Evaluation Process ...................................................................................................................... A.22

Minorities, Women, and Persons with Disabilities Participation and Utilization Plan ............... A.23

Veteran Small Business Participation and Utilization Plan ......................................................... A.24

BidBuy Terminology .................................................................................................................... A.25

OUTLINE

V.20.1

SECTION 2.

Offer to the State of Illinois .............................................................................................................. B.

SECTION 3.

Exceptions to Solicitation and Contract Terms and Conditions ............................................................ C.

CONTRACT

Description of Supplies and Services .................................................................................................. 1.

Goal ............................................................................................................................................... 1.1

Supplies and/or Services Required ............................................................................................... 1.2

Milestones and Deliverables ......................................................................................................... 1.3

Vendor/Staff Specifications .......................................................................................................... 1.4

Transportation and Delivery ......................................................................................................... 1.5

Subcontracting .............................................................................................................................. 1.6

Successor Vendor .......................................................................................................................... 1.7

Where Services Are to Be Performed ........................................................................................... 1.8

Pricing .............................................................................................................................................. 2.

Format of Pricing ........................................................................................................................... 2.1

Type of Pricing............................................................................................................................... 2.2

Expenses Allowed ......................................................................................................................... 2.3

Discount ........................................................................................................................................ 2.4

Vendor’s Pricing ............................................................................................................................ 2.5

Maximum Amount ........................................................................................................................ 2.6

Term and Termination ...................................................................................................................... 3.

Term of this Contract .................................................................................................................... 3.1

Renewal ........................................................................................................................................ 3.2

Termination for Cause .................................................................................................................. 3.3

Termination for Convenience ....................................................................................................... 3.4

Availability of Appropriation ......................................................................................................... 3.5

Standard Business Terms and Conditions ........................................................................................... 4.

Payment Terms and Conditions .................................................................................................... 4.1

Assignment ................................................................................................................................... 4.2

OUTLINE

V.20.1

Subcontracting .............................................................................................................................. 4.3

Audit/Retention of Records .......................................................................................................... 4.4

Time is of the Essence ................................................................................................................... 4.5

No Waiver of Rights ...................................................................................................................... 4.6

Force Majeure ............................................................................................................................... 4.7

Confidential Information .............................................................................................................. 4.8

Use and Ownership ....................................................................................................................... 4.9

Indemnification and Liability ...................................................................................................... 4.10

Insurance ..................................................................................................................................... 4.11

Independent Contractor ............................................................................................................. 4.12

Solicitation and Employment ...................................................................................................... 4.13

Compliance with the Law ............................................................................................................ 4.14

Background Check ....................................................................................................................... 4.15

Applicable Law ............................................................................................................................ 4.16

Anti-Trust Assignment ................................................................................................................ 4.17

Contractual Authority ................................................................................................................. 4.18

Expatriated Entities ..................................................................................................................... 4.19

Notices ........................................................................................................................................ 4.20

Modifications and Survival .......................................................................................................... 4.21

Performance Record/Suspension ............................................................................................... 4.22

Freedom of Information Act ....................................................................................................... 4.23

Schedule of Work ........................................................................................................................ 4.24

Warranties for Supplies and Services ......................................................................................... 4.25

Reporting Status and Monitoring Specifications ........................................................................ 4.26

Employment Tax Credit............................................................................................................... 4.27

State Supplemental Provisions .......................................................................................................... 5.

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

FORMS A

OUTLINE

V.20.1

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

Business and Directory Information ................................................................................................... 1.

Illinois Department of Human Rights Public Contracts Number .......................................................... 2.

Authorized to Transact Business or Conduct Affairs in Illinois ............................................................. 3.

Standard Certifications ...................................................................................................................... 4.

State Board of Elections .................................................................................................................... 5.

Disclosure of Business Operations in Iran ........................................................................................... 6.

Financial Disclosures and Conflicts of Interest .................................................................................... 7.

Taxpayer Identification Number ........................................................................................................ 8.

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.

Illinois Procurement Gateway Registration # and expiration date ....................................................... 1.

Certification Timely to this Solicitation or Contract ............................................................................ 2.

Disclosures of Lobbyists and Contracts ........................................................................................... 3-4.

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

INSTRUCTIONS AND GENERAL INFORMATION

Section 1. Part A. Instructions and General Information V.20.1

SECTION 1. INSTRUCTIONS AND GENERAL INFORMATION

A.1 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.

A.2 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.

A.3 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.

A.4 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

Section 1. Part A. Instructions and General Information V.20.1 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.

A.5 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.

Solicitation Contact: Elizabeth Boyd, Senior Buyer

Office Phone: 630/241-6800 Extension 4612

Agency: Illinois Tollway Direct Phone: 630-371-8201

Street Address: 2700 Ogden Avenue Fax: 630/795-7908

City, State Zip: Downers Grove, IL 60515 TDD: 630/241-6898

Email: EBoyd@getipass.com

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.

A.6 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 as noted in the “Bulletin Description” on the Bid published 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.

A.7 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 No

Section 1. Part A. Instructions and General Information V.20.1

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.

A.8 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).

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

A.8.2. Submit/Deliver Paper Bids To: Label (outside of envelopes/containers):

Agency: Illinois Tollway “Sealed Bid – Do Not Open”

Attn: Procurement Project Title: #18-0145R Navistar Truck Repair Service

BidBuy Bid #: 20-557THA-PROCU-B-15874

Address: 2700 Ogden Avenue Due Date & Time: As published in the Bid in BidBuy

City, State Zip: Downers Grove, IL 60515 Vendor Name

Vendor City, State and Zip

A.9 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).

Section 1. Part A. Instructions and General Information V.20.1

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.

A.10 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. To aid in the organization of the Bid submitted in paper format, submit it in separately sealed packets as indicated below and clearly labeled with the Invitation for Bid title, the BidBuy reference number, the packet number, the Bidder’s name and the wording:

“Sealed Bid – Do Not Open.” The separately sealed packets may be submitted together in one mailing/shipping box or may be submitted separately in individual/shipping boxes.

You may put the entire Bid on one CD or USB flash drive.

Subject Matter # of Originals # of Hard Copies # of CDs or USB flash drives

Contract and if applicable a Redacted copy –

PACKET 1

File must be submitted with the Bidder’s response in BidBuy N/A N/A

Section 1. Part A. Instructions and General Information V.20.1

SECTION 2 Part B (OFFER) and applicable forms in SECTION 3 Part C – PACKET 2

File must be submitted with the Bidder’s response in BidBuy N/A N/A

FORMS A or FORMS B – PACKET 3 File must be submitted with the Bidder’s response in BidBuy N/A N/A

MINORITIES, WOMEN, AND PERSONS WITH

DISABILITIES PARTICIPATION AND UTILIZATION

PLAN – PACKET 4

(PLACE COPIES AND USB’S SEPARATE FROM

ORIGINAL) N/A N/A N/A

VETERAN SMALL BUSINESS PARTICIPATION AND

UTILIZATION PLAN – PACKET 5

(PLACE COPIES AND USB’S SEPARATE FROM

ORIGINAL) N/A N/A N/A

A.10.2. 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)

Section 1. Part A. Instructions and General Information V.20.1

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.

A.11 SECURITY: Bid Bond $ N/A / Performance Bond $ N/A. 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.

A.12 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.

A.13 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.

A.14 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.

A.15 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.

A.16 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.

A.17 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

Section 1. Part A. Instructions and General Information V.20.1

(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.

A.18 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

Section 1. Part A. Instructions and General Information V.20.1 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).

A.19 AWARD: The Tollway is not obligated to award a contract pursuant to this solicitation. The Tollway may with draw this solicitation in whole or in part and/or reject any and/or all bids. If the Tollway issues an award, the award will be made to multiple authorized Navistar OEM truck repair centers that are located within the Illinois Tollway’s Regional Map (Exhibit 2). Vendor shall provide address(es) of its repair service locations in Section 1.8. If awarded a contract pursuant to this solicitation, Vendor is not guaranteed any wpecific work or any level or amount of work. The Tollway shall first utilize the lowest bidding Navistar repair center located geographically closest to the Tollway maintenance facility (Exhibit 1 Illinois Tollway Remote Maintenance Locations) where the trucks are requiring repair. In the event that the closest repair center is unable to begin preforming repairs within forty-eight (48) hours, the Tollway may utilize another authorized Navistar repair center that will suit the Tollway’s best interest.

The Tollway shall post a notice to the applicable Bulletin identifying the apparent low cost bidder(s).

The Tollway may accept or reject a vendor’s bid as submitted, or may require contract negotiations. If negotiations do not result in an acceptable agreement, the Tollway may reject the vendor’s bid and begin negotiations with another bidder. Awards are not final until all protests are resolved.

A.20 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.

Agency Name: Illinois Tollway

Agency Department: Procurement

Street Address: P.O. Box 3094

City, State, Zip Code: Lisle, Illinois 60532-8094

Email: FinanceInvoices@getipass.com

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.

Section 1. Part A. Instructions and General Information V.20.1

A.21 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 401 S. Spring Street Facsimile: (217) 558-1399 Suite 515 Stratton Office Building Illinois Relay: (800) 526-0844 Springfield, IL 62706

A.22 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:

Section 1. Part A. Instructions and General Information V.20.1

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

Section 1. Part A. Instructions and General Information V.20.1 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

Section 1. Part A. Instructions and General Information V.20.1 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.

A.23 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: Yvette Riley

Phone Number: (312) 814-1089

Email Address: Yvette.Riley2@illinois.gov

Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified by the Department of Central Management Services as BEP vendors prior to the Bid Opening Date. Go to https://www2.illinois.gov/cms/business/sell2/bep/Pages/default.aspx for complete requirements for BEP certification. Go to https://cms.diversitycompliance.com/ to search for certified BEP vendors.

A.24 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: Shelly Jones

Section 1. Part A. Instructions and General Information V.20.1

Phone Number: (630) 241-6800 extension 4682

Email Address: sjones@getipass.com

Businesses included in Utilization Plans as meeting Veteran Owned Small Business (VOSB) and Service Disabled Veteran Owned Small Business (SDVOSB) requirements as prime vendors or subcontractors must be certified by CMS as VOSB or SDVOSB vendors prior to Bid opening date. Go to https://www2.illinois.gov/cms/business/sell2/pages/veteranownedbusinesses.aspx for complete requirements for VOSB or SDVOSB certification. Go to https://cms.diversitycompliance.com/ to search for certified VOSB and SDVOSB vendors.

A.25 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.

A.26 ILLINOIS TECHNOLOGY ACCESSIBILITY ACT STANDARDS. As required by Illinois Public Act 95- 307, all information technology, including electronic information, software, systems, and equipment, developed or provided under this contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as posted at http://www.dhs.state.il.us/iitaa. (Use this for IT contract)

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