IFB 25-043 RM, Loader Backhoe.pdf

IFB 25-043 RM, Loader/Backhoe

SOLICITATION AND RESPONSE COVER SHEET

HAA (IFB 25-043 RM), Loader/Backhoe Per the attached specifications, terms and conditions.

INSTRUCTIONS: Offeror (bidder) must complete this cover sheet, and attach it with their proposal.

Offerors are urged to read the solicitation document thoroughly before submitting a proposal.

Submit Proposal to:

BidNet Direct

Help Desk 800-835-4603 / support@bidnet.com

Purchasing Agent:

Name: Robert Mitchell Phone Number: 303-512- Email Address:

Robert.mitchell@state.co.

us

Due Date: 14 November 2024 Time Due:

2:00 PM

Mountain Time

OFFEROR INFORMATION

Offeror F.E.I.N.: Payment Terms:

(Minimum of Net 30) Delivery Date:

Authorized Signature:

Signature acknowledges acceptance of all terms and conditions of the solicitation.

Typed/Printed Name and Title:

Legal Company Name:

Doing Business As:

Address:

City: State: Zip:

Phone Number: Fax Number:

Contact for Clarifications:

Title:

Phone Number: Fax Number:

E-mail Address:

Electronic Bid Submission: This solicitation is published via Rocky Mountain E-Purchasing, BidNet Direct. Suppliers must be registered with BidNet Direct in order to download solicitation documents and information (including any amendments or modifications) and to be considered responsive at the time of submission of the response. Bidders who have not registered on the BidNet Direct website, must register promptly to ensure they are able to submit a timely bid response.

Information may be accessed through the BidNet Direct at: https://www.bidnetdirect.com/register. BidNet Direct’s Help Desk can be reached at 800-835-4603 or by email: support@bidnet.com Offeror to answer and acknowledges by its signature above:

- Confirm that you are aware that the award notice will be published on CDOT website: ____ Yes

- My company is registered on BidNet, Direct: _____Yes / _____No

- Proprietary Information: is in my response and as segregated pages: _____Yes / _____No

- Registered with the Colorado Secretary of State ____No / ____Yes, and #________________________

- Offeror proposes using Subcontractors for this project: _____Yes / _____No

- Offeror has reviewed Modifications made to this RFP – list the Modification # last reviewed: _____

- If claiming SDVOSB (Service Disabled Veteran Owned Small Business) attach proof of certification: _____Yes / _____NA https://www.bidnetdirect.com/register mailto:support@bidnet.com https://www.bidnetdirect.com/register mailto:support@bidnet.com https://www.codot.gov/business/procurement-and-contract-services/cdot-supplier-information

Please read this solicitation thoroughly before responding. Illegible responses may be rejected as non-responsive.

The Colorado Department of Transportation (CDOT) reserves the right to reject any and all proposals or parts thereof, and to waive informalities or irregularities. By submission of a proposal, proposer agrees to the State of Colorado terms and conditions.

By submission of a proposal, bid and/or quote, proposer agrees as follows:

• Except as replaced, modified, or supplemented by CDOT for this solicitation, all items in the State of Colorado Solicitation Instructions/Terms and Conditions are considered part of, and are incorporated by reference into this document.

• Proposer testifies that bid prices were arrived at independently and there was no collusion involved.

• The Bidder/Proposer/Vendor guarantees to the State that they understand and agree to the terms and conditions of this solicitation and that they will not default from performance by virtue of a mistake or misunderstanding.

Proposers shall seek clarification from CDOT of any specifications, terms and/or conditions that they determine to be unclear. The failure of a proposer to seek clarification may be deemed a waiver of any such clarification.

• Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the Colorado Division of Higher Education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.

• C.R.S. §24-92-202 applies to this Solicitation because it is anticipated to be for work on a Public Project as defined by C.R.S. §24-92-201(5). All employees of the selected Bidder/Proposer/Vendor and all employees of any subcontractor who perform work under the contract issued pursuant to this Solicitation for the Public Project must be paid in accordance with the wage requirements of the federal David-Bacon Act, 40 U.S.C.

§3141 et. seq., and Related Federal Acts, see also 40 U.S.C. §276(a), 29 C.F.R. Parts 1, 3, 5, 6, and 7, collectively referred to as “DBRA” and receive the minimum compensation as required by the DBRA. Any DBRA requirement that addresses the payment of wages, including when wages and overtime must be paid, will be required. Any requirement of DBRA that addresses reporting is not required. The minimum DBRA wages to be paid are established by the U.S. Department of Labor. The applicable DBRA wages for the Public Project work to be performed pursuant to this Solicitation are attached as Exhibit A. All subcontracts must contain this requirement and the selected Bidder/Proposer/Vendor shall, and shall ensure that all subcontractors, maintain and make available for review, inspection, and audit by the State all project records as are necessary to document compliance with applicable portions of the DBRA.

NOTE: Results will be posted on CDOT Procurement’s Bid Log:

https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=1184 857721 or email but will not be discussed by phone except as noted in the solicitation document.

1. Invitation for Bid Title: It is the intent of this specification to describe a Loader/Backhoe with 4-Wheel Drive with extendable dipper stick. Materials used shall be at least minimum standards and of a quality used commercially, conforming to current engineering and manufacturing practices. All components of this Loader/Backhoe shall be of proper design to safely withstand maximum stresses imposed. Any attachments, accessories, tools or other components normally furnished as standard equipment and necessary to the efficient operation of this Loader/Backhoe shall be furnished. The Loader/Backhoe shall meet or exceed the following specifications and shall conform to SAE definitions as expressed in standards J732, J31, J732C, J1349, J231, J386, J742B, J296, J49 where applicable. Shall be new and most current model available. Shall be painted in manufacturer color. All hydraulic cylinders shall have repack capability.

https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=1184857721 https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=1184857721

2. Modifications:

a. Any modifications or changes to this solicitation will be published on BidNet Direct. It is solely the responsibility of the Bidder to monitor the site for any changes.

b. Deviation from these specifications during the bid process, or changes to the price agreement resulting from this solicitation, will not be allowed unless previously authorized, in writing only, by a modification to the solicitation or price agreement issued from the CDOT Center for Procurement and Contract Services.

3. IFB Bid Submission:

a. Complete Solicitation Instructions/Term and Conditions that apply to this solicitation and subsequent award can be found on the CDOT website.

b. Responses to this solicitation MUST be received no later than the stated IFB Bid Submission

Date and Time.

c. Submissions will only be accepted through BidNet.

d. Late bids will not be accepted.

e. All responses require the return of the completed IFB Pricing and Submission Form. The IFB

Pricing and Submission Form must reflect all Modifications to this IFB.

f. IFB Pricing and Submission Form must be signed by an individual with express authority to bind the bidding company.

4. Questions and Answers:

There will be a question and answer period. All questions must be submitted in writing and in the bidnet system, identified above, no later than 5:00 P.M. (MST), 11/06/2024. Answers to all questions submitted will be posted in the form of a modification by 5:00 P.M. (MST), 11/08/2024. It will be the bidder’s responsibility to read the modifications and submit signature pages reflecting the modifications. Questions emailed directly to the Purchasing Agent via email will not be accepted or responded to.

5. Bid Opening:

a. The formal bid opening for this solicitation will be held via conference call on Tuesday or

Thursday, at 3:30 pm immediately following the closing of this solicitation. Attendees to the conference may call in at 1-860-800-9248 using PIN 164 625#.

b. Awards will be posted on the CDOT Bid Log after determination is completed.

6. Award:

a. AWARD DOCUMENT - CDOT will award this solicitation and enter into an agreement with the winning Bidder(s) through an executed State of Colorado, Department of Transportation Cooperative Agreement. Upon review and approval of the evaluation of the bidders, the CDOT Purchasing Agent will issue a “Notice of Intent to Make an Award” to the successful bidder(s). A Contract must be completed and properly executed, before any work can begin.

b. TERM – The initial term of the contract/purchase order shall be 1 year from the date execution through the initial term of the award. The State may unilaterally renew the term of the contract for 4 additional term(s) of up to 1 year, including, but not limited to prices, rates and service delivery requirements. Bidder agrees to deliver under this solicitation for the full initial term and any renewals

c. NOTICE TO PROCEED – The contractor is not authorized to begin performance without receipt of a fully executed contract, issued by the CDOT Purchasing Office and a Notice to Proceed issued by the CDOT Project Manager.

d. This award shall be available for use by CDOT, other State Agencies and Institutions, Local Governments and Political sub-divisions within the state of Colorado.

https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=0

7. Alternates: Will not be accepted.

8. Bid Evaluation:

a. CDOT will be the sole judge in determining the acceptability of an offer and reserves the right to award the bid in the best interest of the State.

b. Award shall be made to the Bidder who is determined to be the lowest responsible and responsive Bidder whose bid meets the requirements and criteria set forth in this solicitation.

Award shall be subject to specification verification.

c. Low Tie Bids shall be decided in accordance with the provision of CRS 24-103-902, as it currently exists or is hereafter amended, which give a preference to resident bidders. Any Supplier who wishes to be considered a "Resident Bidder" for purposes of the tie bid procedure provided in this section shall include with their bid proof that he/she meets the definition of Resident Supplier.

d. Service Set Asides CRS 24-103-801 thru 806 established a set aside program for certain qualified nonprofit agencies (Disability Set Aside Suppliers) that bid for State of Colorado services solicitations when the nonprofit employs persons with severe disabilities. The Guidance states that, “State Agencies must solicit bids first from the service set aside list before soliciting elsewhere.

e. In accordance with Procurement Code, CRS 24-103-904 titled “Purchasing Preference for Environmentally Preferable Products”; Suppliers responding to this solicitation may seek to qualify for the preference and governmental bodies conducting this solicitation shall award a contract to a Supplier who offers environmentally preferable products subject to the conditions in the Code and Procurement Rules.

f. Service Disabled Veteran Owned Small Business (SDVOSB), In accordance with Procurement Code CRS 24-103-905; An Offeror claiming status as a service disabled veteran owned small business must identify itself as such in its proposal and provide documentation of its certification from the United States Department of Veteran Affairs with its bid response.

9. Non-Responsive:

a. Failure to complete and submit all forms reflecting any and all Modifications or to follow any instructions in this solicitation will cause the bid to be considered non-responsive.

b. Exceptions taken by any Bidder may cause their bid to be considered non-responsive. The State will be sole judge of what constitutes an allowable exception, and then only if the basic requirements of the specification are essentially unaltered.

c. Any requests to change the State’s Terms and Conditions will cause the bid to be considered non-responsive.

d. By submitting a bid, Bidder agrees that CDOT reserves the right to accept or reject any alternate bids if allowed for in the solicitation.

e. Illegible responses will be rejected as non-responsive.

f. Exceptions taken by any bidder may cause a bid to be considered non-responsive. Exceptions will be allowed only if the basic requirements of the specification are essentially unaltered. The State will be sole judge of what constitutes an allowable exception.

10. Failure to Render Service/Cancellation:

In the event the awarded Supplier fails to deliver goods or render service as stated, the State of Colorado reserves the right to cancel this IFB and any award thereof, by written notification. In the case of cancellation, the State reserves the right at its sole discretion to award to another Bidder, to re-bid the items, or to implement other solutions to assure a continued delivery of goods and/or services.

11. Doing Business in Colorado:

Vendors wanting to do business in Colorado must register with the Colorado Secretary of State in accordance with CRS 7-90-801. This is the link for the Colorado Secretary of State’s website at http://www.sos.state.co.us . (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section, review the FAQs.)

12. Insurance:

The awarded Vendor will be required to submit a certificate(s) showing insurance coverage for General Liability, Automobile and Workers Compensation as outlined in the Contract General Provisions/Purchase Order Term and Conditions prior to execution of the award document.

13. Remedies:

Per Title 24 Article 109 CRS. Any actual or prospective proposer or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the CDOT Procurement Official. The protest shall be submitted in writing within ten (10) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Protests received after the ten (10) -working-day period shall not be considered. The written protest shall include, as a minimum, the following:

a. The name and address of the protestor;

b. Appropriate identification of the procurement by bid or award number;

c. A statement of the reasons for the protest; and

d. Any available exhibits, evidence or documents substantiating the protest.

14. Statement of Work:

a. Complete Statement of Work – See “Attachment 1” for complete Statement of Work.

15. Firm Pricing:

a. Pricing must be valid for the initial term of the award, in cases where a Cooperative Agreement is utilized, a price increase to vendor rates will only be considered at the time of yearly renewal.

b. Pricing to be submitted in the specified Unit of Measure.

c. All pricing submitted for bid evaluation must be rounded up or down to the nearest whole cent.

Prices shall not exceed two decimal places (example $5.32). All pricing on the invoice must be in line with the bid price and may not exceed two decimal places.

d. Pricing must be all-inclusive (freight charges included). No extra charges will be allowed.

e. Where applicable, successful contractor will be responsible for all fees, permits, bonds, insurance requirements per attached schedule, meeting State and Local codes, site visit, site safety, daily cleanup and final cleanup of the area. (SERVICES ONLY)

f. Pricing must be submitted in U.S. Dollars.

16. Compliance with Federal Requirements:

When a procurement involves the expenditure of federal assistance or federal contract funds, the Procurement Official shall comply with the appropriate federal law and the rules and regulations promulgated pursuant to such law which are mandatorily applicable.

17. Subcontracting:

CDOT may award a single contract or multiple contracts. Subcontracting will be allowed under the resulting award(s). Awarded vendors will be the Prime Contractor and will be fully accountable to CDOT for assuring that its subcontractors comply with all terms of the contract between CDOT and the Prime Contractor.

18. Equal Opportunity and Non-Discrimination:

CDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

19. Submission of confidential/proprietary information:

All material submitted in response to this IFB will become subject to the Colorado Open Records Act, C.R.S Section 24-72-201 et. Seq. Any material requested to be treated as proprietary or confidential must be clearly identified and easily separable from the rest of the bid, i.e., uploaded in a separate file. Such a request must include the bidder’s justification for the material to be treated as proprietary or confidential. The request will be reviewed and either approved or denied by the CDOT Purchasing Director. If denied, the bidder will have the opportunity to withdraw its entire bid. A bidder may submit, as a part of its solicitation response, a written request for classification of certain portions of the response as trade secrets or other confidential or proprietary information. Material for which confidentiality has been requested shall be readily identifiable and separable from other portions of the solicitation to facilitate public inspection of the non-confidential portion of the solicitation response. In no event shall an entire solicitation response be classified as confidential. The procurement official or his or her designee shall determine if the information identified in the request is exempt from disclosure in accordance with section 24-72-204, C.R.S., and shall inform the bidder or offeror in writing of his or her determination. If the bidder does not agree with the determination of the procurement official or his or her designee, the bidder may protest the determination in accordance with article 109 of the code. NEITHER COST NOR PRICING INFORMATION NOR A TOTAL BID WILL BE CONSIDERED PROPRIETARY. If any of the materials submitted by the Vendor to CDOT are clearly and prominently labeled trade secret, privileged information, or confidential commercial, financial, geological, or geophysical data by the Contractor, CDOT will endeavor to advise the Contractor of any request for the disclosure of such materials prior to making any such disclosure.

Under no circumstances, however, will CDOT be responsible or liable to the Contractor or any other Person for the disclosure of any such labeled materials, whether the disclosure is required by law, by court order or occurs through inadvertence, mistake or negligence on the part of

CDOT.

20. Use of CDOT Bid Submission Form:

Vendors must submit their pricing only using the form contained in Section 21 of this document.

Failure to submit pricing utilizing the form in Section 21 of this document will result in a bid being considered non-responsive. In addition, vendors may not submit additional quotations, specifications, or documentation that are not specifically requested in this solicitation.

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PRICE SUBMISSION FORM

21. Bidder Pricing Schedule Bidder is required to supply pricing for the following items. Estimated Quantities are for evaluation purposes only. CDOT does not guarantee quantities to be purchased.

Make and Model of Unit Offered Price Each $

22. Delivery of Goods

Delivery of goods in a timely manner is critical to the operations and maintenance of CDOT.

Therefore, as part of your bid, confirm below the expected delivery date or delivery time period after receipt of Purchase Order:

Confirm Goods Delivery Time: _____________________________________________

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SERVICE DISCLOSURE FORM (SERVICES ONLY)

23. Vendor Disclosure Statement In compliance the Contractor Performance Outside the United States or Colorado, CRS 24-102-206, the awarded Supplier is required to disclose information on where the services will be performed under this award.

Indicate percent and value of Services Performed:

Outside Colorado - ___________% $_________________ value

Outside United States - ___________% $_________________ value

Independent contractor information.

Please select Yes, No, or NA (Not applicable) for each question.

YES NO NA

Is the State the only client the contractor works with?

Is the contractor registered with the Secretary of State’s Office and/or the IRS to conduct business as an independent contractor?

Does the contractor hire retired state employees to perform the work?

Does the contractor have their own place of business?

Does the contractor offer services to the general public and have other clients?

Does the contractor need to be trained by the State to be able to provide the service?

Does the contractor determine how and when the services will be performed?

Does the contractor work on state property?

Does the State control the route or location where the work must be performed?

Does the State provide the contractor with equipment, tools or materials to conduct the work?

Does the contractor have unemployment and workers’ compensation insurance?

Does the contractor have direct daily control over state employees?

Is your company a sole proprietor?

Does the contractor bill by an hourly rate?

Does the contractor bill by a lump sum?

Is your company a sole Proprietor?