IFB_Lab Supply and Equip B6070 Amendment 4.doc

STATE OF ILLINOIS

INVITATION FOR BID

Department of Central Management Services

JPMC Lab Supplies, Chemicals & Equipment

19-416CMS-BOSS4-B-6070

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 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 governmental units and qualified not-for-profit agencies to purchase lab supplies, chemicals and 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 and qualified not for profit separately for its actual share of the costs of the supplies or services purchased. The credit or liability of each governmental unit and qualified not-for-profit shall remain separate and distinct. Disputes between vendors and governmental unit and qualified not-for-profit shall be resolved between the affected parties.

“Governmental unit” means State of Illinois, any State agency as defined in Section1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority in Illinois which has the power to tax or any other public entity created by Illinois 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 shall have an initial term of three (3) 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, Central Management Services has the option to renew for a total of three (3) 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 Illinois Procurement Bulletin (IPB) or from links provided in the Outline section of this document. These sections are a material part of this solicitation and should be returned when applicable with a Bidder’s Bid.

Bids that do not adhere to Form and Content of Bid requirements may not be considered

SECTION 1.

Part

Instructions and General Information A.

Process Changes Resulting from BidBuy A.1

Conflict Between Information on Paper and BidBuy A.2

How to Enter Information A.3 Published Procurement Information A.4 Solicitation Contact A.5 Bidder Questions and Agency Response A.6 Required Meetings 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 and Guidance A.25

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

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 of the solicitation may be opened by clicking on the link provided or downloaded from the Illinois Procurement Bulletin.

FORMS A

Complete this section if you are not using an Illinois Procurement Gateway (IPG) Registration # https://www2.illinois.gov/cpo/general/Documents/Forms%20A%20Section%20V.18.1.doc 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 only if you are using a valid IPG Registration #

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.

https://www2.illinois.gov/cpo/general/Documents/Forms%20B%20Section%20V.18.1.doc Illinois Procurement Gateway Registration # and expiration date 1.

Certification Timely to this Solicitation or Contract 2.

Disclosures of Lobbyists and Contracts 3-4.

BEP UTILIZATION PLAN

Download and complete these documents if this IFB contains a BEP goal

Letter of Intent:

http://www2.illinois.gov/cpo/general/Documents/Letter%20of%20Intent%20Template%20v.14.1.pdf Utilization Plan:

http://www2.illinois.gov/cpo/general/Documents/BEP%20Utilization%20Plan%20v.14.1.pdf

VSB UTILIZATION PLAN

Download and complete these documents if this IFB contains a Veteran goal

Letter of Intent:

http://www2.illinois.gov/cpo/general/Documents/Letter%20of%20Intent%20Template%20v.14.1.pdf Utilization Plan:

http://www2.illinois.gov/cpo/general/Documents/Veteran%20Small%20Business%20Utilization%20Plan%20v.14.1.pdf

SECTION 1. INSTRUCTIONS AND GENERAL INFORMATION

A.1 PROCESS CHANGES RESULTING FROM BIDBUY: BidBuy is the new electronic procurement system being used by 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.

Use of BidBuy to submit a bid is completely voluntary. The State continues to accept bids submitted entirely on paper. If a Bidder chooses to enter information via BidBuy, special attention must be paid to the instructions that follow this symbol “”. These instructions are specific to BidBuy and augment the preceding information. They indicate that the BidBuy instruction or process may be different than when submitting information in paper format. Bidders shall read the entire contents of this document and direct any questions to the Solicitation Contact found in A.5.

All vendors awarded by the State must be registered in BidBuy. All vendors are encouraged to self-register at https://www.bidbuy.illinois.gov/bso/. If assistance with registration is required, please contact the BidBuy Help Desk by emailing il.bidbuy@illinois.gov or calling (866) 455-2897.

A.2 CONFLICT BETWEEN INFORMATION ON PAPER AND BIDBUY: If the State provides information on paper that is different or in conflict with the information the State provides in BidBuy, then the information on paper is presumed to represent the State’s intent. If the Bidder provides information on paper that is different or in conflict with the information the Bidder provides in BidBuy, then the information on paper shall represent the Bidder’s intended submission.

A.3 HOW TO ENTER INFORMATION: Type information in the text fields provided. Text 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 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 updates on the General Services Illinois Procurement Bulletin (www.purchase.state.il.us), referred to as the “Bulletin”. 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 notices.

The Chief Procurement Office for General Services publishes procurement information, including solicitations, awards, and amendments, to the Illinois Procurement Bulletin (IPB) sites at either www.purchase.state.il.us or https://bidbuy.illinois.gov, but not to both sites. Bidders are encouraged to register and monitor both sites. The State anticipates that it will cease use of www.purchase.state.il.us for the publication of solicitations, awards, and general notices by January 2019.

A.5 Solicitation CONTACT: The individual listed below shall be the single point of contact for this solicitation. Unless otherwise directed, Bidders may only communicate with the Solicitation Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Street Address: 1000 E Converse Street

City, State Zip: Springfield, IL 62702

Email: matthew.j.armitage@illinois.gov

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

Each solicitation published in BidBuy contains the Solicitation Contact’s name and phone number appearing as the “Info Contact.”

A.6 BIDDER QUESTIONS AND AGENCY RESPONSE: All questions, other than questions raised at the Bidder Conference/Site Visit, pertaining to this solicitation must be submitted in writing to the Solicitation Contact no later than seven (7) business days prior to bid opening. Questions received, and Agency responses may be posted as an Amendment to the original solicitation in BidBuy; only these posted answers to questions shall be binding on the State. Bidders are responsible for monitoring BidBuy.

If allowed by the State, Bidders may submit questions to the State via BidBuy in the Q&A tab. All questions, other than questions raised at the Bidder Conference/Site Visit, pertaining to this solicitation must be submitted in writing no later than the date in the paragraph above.

A.7 REQUIRED MEETINGS

Bidder Conference/Site Visit:

FORMCHECKBOX

Yes No

Mandatory Attendance:

Yes

FORMCHECKBOX

No

Date: March 21, 2019

Time: 1:00 p.m.

The meeting will be held in the Bid Opening room in the EPA building located at 1000 E. Converse, Springfield, Illinois 62702. Vendors may participate via phone at 888-494-4032, Access Code 3584080773#.

The State may publish information about required meetings in BidBuy.

FORMCHECKBOX

If checked, see the published Bid Solicitation in BidBuy.

A.8 BID DUE DATE, TIME, AND ADDRESS FOR SUBMISSION OF BIDS: Bids will be opened at the Submit/Deliver Bids To address below at the Bid Due Date & Time specified. Late bids shall be deemed non-responsive and will not be considered. 44Ill. Adm. Code 1.2005(b).

A.8.1. Bid Due Date & Time

Date: April 24, 2019 Time: 9:00 a.m.

Each solicitation published in BidBuy contains the Bid Due Date and Time appearing as the “Bid Opening Date”.

FORMCHECKBOX

If checked, see the published Bid Solicitation in BidBuy.

A.8.2. Bid Firm Time: Vendor’s Bid must remain firm for 120 days from opening.

A.8.3. Submit/Deliver Paper Bids To:

Label (outside of envelopes/containers):

Vendor City, State and Zip

A.9 ORGANIZATION REQUIRED: Paper Bids may be submitted in as few as three and as many as five packets. Please follow these instructions carefully.

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

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

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

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

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

A.9.3. Packet 3 shall contain either Forms A or Forms B. Forms A contains eight forms and shall be returned by Bidders that are not registered in the Illinois Procurement Gateway (IPG).

Forms B contains three forms and 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 should contain a response to the Minorities, Females, and Persons with Disabilities participation requirements. Packet 4 is only returned if a Business Enterprise Program goal is stated in instruction A.23.

A.9.5. Packet 5 should contain a response to the Veteran Small Business (VSB) participation requirements. Packet 5 is only returned if a VSB goal is stated in instruction A.24.

If the State allows electronic quotes, the Bidder may submit via BidBuy 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)

· Standard Certifications

· Forms A (if applicable)

· Forms B (if applicable)

· Letter of Intent (if applicable)

· BEP Utilization Plan (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.

A.10 SUBMISSION OF BIDS: To aid in the organization of the Bid, submit it in sealed packets as indicated below and clearly labeled with the Invitation for Bid title, the IPB reference number, the packet number, the Bidder’s name and the wording: “Sealed Bid – Do Not Open.” The 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.

A.10.1.

Do not staple or fold paper bids submitted.

A.10.2.

Bids are not accepted via fax or email.

A.11 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.

If the State allows electronic quotes, the Bidder may submit bonds via BidBuy by attaching documentation in the Attachments tab.

A.12 SMALL BUSINESS SET-ASIDE: Yes FORMCHECKBOX No. If “Yes” is marked, 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 (https://ipg.vendorreg.com/FrontEnd/VendorSearchRegistry.asp?TN=ipg&XID=7599).

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 rule govern this solicitation. 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 CONFIDENTIAL 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 Submitting 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 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 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.

A.19.1 METHOD OF AWARD: The State of Illinois intends to award this solicitation to the responsive and responsible bidder who submits the lowest total price for Items # 1-679 within the bid. The bidders’ total amount will be determined by using the following formula:

Total Price = Core Item Weighted Cost + Catalog Item Weighted Cost A.19.1.1 Core Items Weighted Cost (Line Items #1 – 678): The total of all core items contained within this bid will be weighted by calculating 80% of the total cost for all core items requested. This value will be added to the weighted evaluation of the catalogue items as listed below. In the event a core item does not received any bids from any bidders, this item will be removed from the evaluation and a weighted cost will be calculated for each bidder using the remaining items.

A.19.1.2 Catalog Items Weighted Cost (Line Item #679): To determine weighted cost of catalog items, a random sampling (as described below) of 200 like items will be used. Percentage discounts will be applied to establish the State’s cost of using one (1) unit. The cost of all randomly selected items will be added together to establish the gross cost of the catalog items. This cost of catalog items shall be multiplied by 20% to establish the Weighted Cost of catalog items. If 200 like items cannot be achieved, then this number will be reduced by 20 until common items can be achieved.

Development of randomized sampling for catalog evaluation will be achieved by taking a subset of like (equal in all regards except cost) items offered by all compliant vendors. The subset shall be sorted ascendingly by manufacturer SKU and assigned an index key starting at 1 and incrementing by x + 1. From this list, a randomized sampling of 200 items will be identified. This will be accomplished using the Excel "RAND" function within the following formula.

=RAND ( ) * ( B – A) + A

A = 1

B = TOTAL NUMBER OF ITEMS WITHIN THE SUBSET

The result of this formula will be rounded to the nearest whole number and represent the inclusion of that index within the randomized sampling of items. The formula will be run continually until the proper number of random items can be established.

EXAMPLE:

TOTALS:

The total of core multiplied by 80% and non-core multiplied by 20%, shall be added together to determine low total bid. The low total for both shall then be awarded to this one vendor.

EXAMPLE

So Vendor B would be the low total bidder when core and non-core are combined so they would be awarded the bid.

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. Send invoices to:

Agency Name:

Requesting Agency/Entity Agency Department:

Requesting Agency/Entity Department Street Address:

Requesting Agency/Entity Street Address City, State, Zip Code:

Requesting Agency/Entity City, State, Zip Code 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.

Each Bid Solicitation in BidBuy contains the Invoicing Address appearing as the “Bill-to Address”.

FORMCHECKBOX

If checked, see the Purchase Order in BidBuy.

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

· Valid Illinois Procurement Gateway registration # with expiration date

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

· Disclosure of pending and current contracts

· Certifications timely to this solicitation

A.22.1.3. If completing Forms A, required forms may include, but may not be limited to:

· 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.

· 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.

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

· Standard Certifications: Bidder shall complete and return the Standard Certifications form in Forms A, Part 4, or in the Illinois Procurement Gateway.

· 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.

· Disclosure of Business Operations with Iran: Bidder shall complete and return the Disclosure of Business Operations with Iran form in Forms A, Part 6, or in the Illinois Procurement Gateway.

· Business and Directory Information: Bidder shall complete and return the Business and Directory Information form in Forms A, Part 1, or in the Illinois Procurement Gateway.

· Taxpayer Identification Number: Bidder shall complete and return the Taxpayer Identification form in Forms A, Part 8, or in the Illinois Procurement Gateway.

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

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

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

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

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

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

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

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

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

A.22.3. PRICE: The State identifies the lowest priced Bidder that meets Responsibility and Responsiveness requirements. The State ranks Bids in order of price when appropriate.

A.23 BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN: This solicitation may contain a goal to include businesses owned and controlled by minorities, women, and persons with disabilities in the State’s procurement and contracting processes. If the solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Bid 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.

Does this solicitation contain a BEP goal? FORMCHECKBOX Yes No If yes, then the BEP goal is: 1% BEP Liaison: Katrina Livingston Email Address: Katrina Livingston@illinois.gov Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified by CMS as BEP vendors prior to the Bid closing date. Go to (http://www.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.

Each Bid Solicitation in BidBuy indicates if there is a Minorities, Women, and Persons with Disabilities Utilization goal.

A.24 VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: This solicitation may contain a goal to include businesses owned and controlled by military veterans in the State’s procurement and contracting processes. If the solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Bid non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of proposals.

Does this solicitation contain a Veteran Small Business goal? Yes FORMCHECKBOX No A.25 BIDBUY TERMINOLOGY AND GUIDANCE: BidBuy is an online e-procurement system. There is 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://www.illinois.gov/cpo/PathwayToProcurement/Pages/BidBuy.aspx.

A.26 ACCESS TO PRODUCTS/MANUFACTURERS: It is anticipated that in order to fulfill the State of Illinois’ requirements for laboratory supplies, equipment and chemicals that the vendor should have access to a broad array of laboratory products from a large base of manufacturers and the vendor must have a catalog of products of sufficient breadth and product characteristics to meet the State’s laboratory needs and quantities sufficiently available to meet the State’s delivery requirements.

A.27 CORE ITEMS: The core list of items represents the laboratory supplies, chemicals, and apparatus most frequently used and purchased by state laboratories. It is therefore expected that prices offered for these items will be considerably lower than standard pricing.

Use of a brand name or equal is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. “or equal” submissions will not be rejected because of minor differences in design, construction or features that do not affect the suitability of the product for its intended use. Burden of proof that the product is equal is on the bidder.

In the event brand name or equal requirements are required to ensure compatibility with existing equipment and systems, and it is later determined that an awarded product fails operational compatibility, the product will be returned, and the vendor shall pay for the return of all rejected items and issue full return credit to the user agency. This shall in no way limit the rights of the state as stated in Section 3.3 of the contract.

By completing the requested information for the core list items, without exception, the respondent is certifying that the catalog/model numbers to be supplied are, in fact, identical to the manufacturers and/or distributors catalog numbers shown.

A.28 CATALOG ITEMS: The State has identified a broad range of laboratory supplies, chemicals and related items (see line 679), which are available from numerous manufacturers or suppliers. Therefore, respondents are requested on this line item to submit an offer which provides a "list-less" percentage discount for any product category available from your company under this line item and it also provides spaces for any other additional categories where discounts may be applied.

For items represented in the various categories within the catalog offering, vendor shall provide an excel spreadsheet that itemizes all items contained within their currently published complete catalog of laboratory supplies offered by the vendor in the general course of business. This catalog shall contain products of sufficient breadth and product characteristics to meet the State's delivery requirements. This spreadsheet shall contain the following columns: Vendor Name, Product Description, Manufacturer, Manufacturer SKU, Vendor SKU, List Price, Category Description, Category Percent Discount, Net Price, Price Override. This spreadsheet shall serve to define the catalog offerings, and as such, shall be made part of the vendor bid document and resulting contract.

The bidding vendor may choose to submit a single percent discount for all catalog items or may choose to identify two or more product categories and apply a percent discount to each. Attachment B has been included on BidBuy and should be utilized for bidders to submit their appropriate categories and percent discount for each category. Attachment B includes several suggested categories; however, bidders should adjust this list to accommodate their appropriate categories and percent discount. The percent discount shall be applied to the published list price for each item contained within.

The State recognizes the fact that there may be products within a given category where the vendor could provide a greater discount. Therefore, the State expects the vendor to document such offerings in the "price override" column. The State will use the lesser of the two columns (net price and price override). If the vendor offers a price override as part of their bid, such offering must remain firm for the first twelve (12) months of the contract term.

If, within the spreadsheet, a vendor identifies more than one discount per category description, the greatest discount shall prevail. As such, the greater percent discount shall be applied to all other items having been assigned that same category by the vendor. Products shall not exist within more than one category. If such an instance is discovered, the product shall be defined by the category receiving the greatest discount and stricken from the remaining.

The percent discount(s) shall not be reduced at any time during the contract or renewal terms; nor shall an item be moved to another category that receives a lesser percent discount.

The State reserves the right to restrict items from the catalog which are deemed inappropriate.

Vendor must submit a copy of printed or electronic catalog (in use at time of bid opening) with their bid. It is expected that the excel spreadsheet accurately represent the printed catalog.

No catalog revisions shall be allowed during the first twelve (12) months of the contract term. Thereafter, only one catalog revision shall be allowed during any given twelve (12) month period.

The State is requesting contract pricing to be reflected in any on-line ordering system or catalog so that users know the actual price charged for each item ordered, so as to assist in validation processes.

If an item is found at a lesser cost either through another catalog from the same vendor, on-line or another source that can be verified as belonging to the vendor, vendor must offer that same item at the lesser price to the ordering agency. Vendor must demonstrate diligence and be proactive in making such offers known to users of the resulting contract.

If the net price for a catalog item increases as a result of a new catalog submission, the item shall be restricted until such time the State can perform sufficient analysis to determine if the increase is supported. In no instance shall the cost of the item increase at a rate that exceeds that documented within the producer price index.

A.29 EXCEPTIONS AND EXCLUSIONS TO THE CONTRACT: While the purpose of this IFB is to establish a contract with a single source in order to provide the State of Illinois laboratories with a primary source of supply for equipment, supplies and chemicals, the resulting contract is not to be interpreted as an “exclusive” agreement with respect to all requirements for such items. The State of Illinois anticipates that certain items or categories of items will be excepted or excluded from the contract. These exceptions and/or exclusions include, but may not be limited to:

A.29.1.

Laboratory Furniture: While the respondent has the opportunity to quote on several categories of laboratory furniture and related items, it is generally expected that any such items purchased under this contract will be on a fill-in basis only and that large volume laboratory furniture requirements for capital construction and/or remodeling will be accomplished via a separate bidding procedure. The exclusion will not apply to miscellaneous requirements for minor remodeling or additions to an existing laboratory layout.

A.29.2.

Equipment Purchases over $50,000: Equipment, any combination of equipment or equipment systems with a combined net cost of $50,000 or more are excluded from this contract.

A.29.3 Precious Metals, Pharmaceuticals and Radio Chemicals are excluded from this contract.

A.29.4 Specialty Items: Specialty glassblowing supplies, specialty chemicals, diagnostic and/or clinical products, enzymes and certain medical products which are specifically covered by other contracts are exempted from the contract.

A.29.5 Proprietary Products: Any proprietary product (not available in like kind from another source) or products required to insure the integrity or continuity of specific on-going research project(s) are exempted from the contract.

A.30

LIST OF ABBREVIATIONS:

The listing of abbreviations provided on the attached pages are intended as an aid to vendors in understanding some of the references to products found in this IFB. This listing is provided to assist in interpretation of some common abbreviations used specifically in core pricing items and is not intended to be a complete compilation of all abbreviations used in the IFB. Other abbreviations found in the IFB will generally be used in accordance with common industry practice.

A.30.1 Chemical Abbreviations

AR -

Analytical reagent grade for general laboratory use.

USP -

A grade meeting the requirements of the United States Pharmacopoeia.

TECHNICAL -

A grade suitable for general industrial use.

BIOTECH -

A grade of chemicals specially purified for use in electrophoreses and other biotechnology applications.

HPLC -

A grade of solvents specially purified for using in high pressure liquid chromatography.

SPECTRO -

A grade of solvents specially purified for use in spectrophotometry.

ACS -

A grade meeting the requirements of the American Chemical Society Committee on analytical reagents.

NF -

A grade meeting the requirements of the National Formulary.

CP -

Chemically pure grade, generally exceeding the USP or NF requirements but of lower quality than AR

A.30.2 Other Abbreviations

ANHY -

Anhydrous

BORO -

Borosilicate

CA -

Cellulose Acetate

CN -

Cellulose Nitrate

CULT -

Culture

DISP -

Disposable

FB -

Flat Bottom

GR -

Grade

GRAD -

Graduated

HDPE -

High-Density Polyethylene

IND. WRAP -

Individually Wrapped

LDPE -

Low-Density Polyethylene

NM -

Narrow Mouth

PE -

Polyethylene

PMP -

Polymethyl Pentene

PP -

Polypropylene

PS -

Polystyrene

PTFE -

Teflon PTFE (Polytetrafluoroethylene)

PVC -

Polyvinyl Chloride

RB -

Round Bottun

REAG -

Reagent

SC -

Screw Cap

SCIN -

Scintillation

SERO -

Serological

SS -

Stainless Steel

STER -

Sterile

TC -

Tissue Culture

W/ -

With

W/O -

Without

WM -

Wide Mouth

-END OF INSTRUCTIONS

SECTION 2. OFFER TO THE STATE OF ILLINOIS

Project Title / Reference #: JPMC Lab Supplies, Chemicals & Equipment / 19-416CMS-BOSS4-B-6070 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…