ITB # 1027 Off Road Vehicles Admin Draft AMEND 1.docx

STATE OF IDAHO

DIVISION OF PURCHASING

Invitation To Bid

Statewide Offroad and Vehicles

ITB Number: ITB # 1067 Amended 10/16/2025 MP

Table of Contents

Section 1 Administrative Information and Overview

1.1 Purpose

The Idaho Division of Purchasing (“DOP”) is requesting Bids from qualified Vendors to establish multiple statewide contracts for the State of Idaho, its agencies, and political subdivisions, for the purchase of current model year Off Road Vehicles, to includes: UTV’s, ATV, Snowmobiles, and Motorcycles.

General Specifications are provided in Exhibit 1. Detailed Specification on the Off Road Vehicles are provided in Attachment 1, 2, 3, and 4.

1.2 Procurement Schedule

Pre-Bid Meeting:

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Opening Date:

The State will make every effort to adhere to the schedule below, but reserves the right, at its sole discretion, to adjust the schedule.

Friday October 3rd 2025 at 9:00 AM Mountain Time See IPRO Event Page See IPRO Event Page The following business day after closing @ 10:30 am MT Microsoft Teams Need help?

Join the meeting now Meeting ID: 291 292 959 991 5 Passcode: uX3uJ9zj

Dial in by phone +1 208-985-2810,,14449781# United States, Boise Find a local number Phone conference ID: 144 497 81#

1.3 ITB Lead

Name Title & Agency Email The individual listed below (referred to as “ITB Lead”) is responsible for the conduct of this procurement. From the issue date of this ITB, until a contract is awarded, or the ITB is cancelled, Bidders are prohibited from communicating with any State employee, Official, or Evaluators regarding this ITB or procurement.

Michael Piccono Purchasing Officer, Division of Purchasing Michael.Piccono@adm.idaho.gov

1.4 Pre-Bid Conference

Link:

A non-mandatory pre-bid conference will be held to provide an overview of the ITB process, the scope of work, and submission requirements. While attendance is highly encouraged, it is not mandatory. The meeting will be conducted virtually, with the access link provided below. To inform the State of your planned interest and attendance, please complete and submit Exhibit 3.

A Microsoft Teams link will be provided to all interest participants who submit Exhibit 3 to the ITB Lead.

1.5 IPRO eProcurement System

This Solicitation is issued by the State via the State’s eProcurement system, IPRO. It is the Bidder’s responsibility to monitor IPRO for any updates or amendments.

1.6 Questions

The Bidder SHALL review this entire ITB solicitation, including associated documents. All questions, requests for clarification, or other correspondence must be submitted in writing via email to the ITB Lead. See Exhibit 4 for additional instructions. Questions must be submitted using the table provided within Exhibit 4.

1.7 Modifications and Exceptions to Requirements, Terms, and Conditions The Bidder SHALL review the Contract requirements, terms, and conditions. The Bidder is strongly encouraged to submit any proposed modifications, or exceptions to the Contract requirements, terms, or conditions to the ITB Lead prior to the deadline for submitting questions. See Exhibit 5 for additional instructions. Modifications and exceptions must be submitted using the table provided within Exhibit 5. The Contract requirements, terms, and conditions are provided in IPRO powered by Luma.

Any modifications or exceptions that are raised after the Bid has been submitted, may be rejected by the State without further discussion. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period. Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, will be found non-responsive, and no further consideration of the Bid will be given.

1.8 Amendments

The State may issue amendments to make changes to the ITB, or to respond to any questions. Amendments will be posted on IPRO. Bidders are responsible for monitoring IPRO for updates and amendments. All published amendments SHALL become part of this ITB, and must be considered by the Bidder in its Bid. Oral interpretations or clarifications of this ITB are not binding and should not be relied upon. Any verbal responses provided by the State during the pre-Bid conference are considered unofficial, and will not be binding.

1.9 Authority

This procurement is conducted in accordance with IDAPA 38.05.01 and pursuant to Title 67, Chapter 92 of the Idaho Code.

Section 2 Format & Submission Requirements

2.1 Adherence to Requirements

The Bid SHALL be submitted in accordance with the requirements set forth in this document. Any Bid that does not adhere to the requirements may be deemed non-responsive and rejected. The State reserves the right, in its sole discretion, to overlook any minor informalities that may be non-compliant.

2.2 Deadline to Submit

All Bids are due at the date and time specified in the Procurement Schedule (Section 1.2). Late Bids SHALL NOT be accepted or considered. The State SHALL not be responsible for any technical issues, difficulties, or delays. Bidders are strongly encouraged to begin the process of submitting the Bid response far enough in advance of the Closing Date/Time to allow for resolution of any technical difficulties.

2.3 General Format Requirements

The Bid response must meet the following requirements:

· Be made on standard 8.5” x 11” paper size.

· Use a minimum font size of ten (10) (images, figures, graphs, charts, are excluded from this font size).

· Use a font style such as: Calibri, Arial, New Times Roman, or similar.

· The Bidder SHALL NOT embed information, embed files, or embed any links within the Submittals.

· The Bidder SHALL NOT attach additional information to any Submittal Form (unless it has been explicitly requested). Any additional attachments submitted will not be considered in the evaluation process.

2.4 Electronic Submission Instructions

The Bidder SHALL submit the Bid as follows:

· The Bid SHALL be submitted electronically through IPRO POWERED BY LUMA. The State will not accept Bids in any other manner (i.e. facsimile, email, or hardcopy submissions). All Bidders participating in this Solicitation must establish an account in the IPRO system, as it is necessary in order to process and/or award the resulting Contract(s). Establishing an account is free.

Link: Luma IPRO Supplier Portal Registration link

Please make sure that the entity profile under which the Bid is submitted in IPRO, is the same legal entity presented in the uploaded response materials. If there are any discrepancies, the entity information provided within Submittal Form A prevails.

· The Bid must be submitted in the following packages:

* If applicable. Applies to Bids with trade secrets as discussed below.

· All electronic files must be in Adobe PDF, Microsoft Word, or Microsoft Excel format as noted in the table above.

· The Bid file(s) SHALL NOT be password protected or locked in any way.

· All submission materials must be submitted at the same time. If multiple submissions are received, only the latest timely submission will be considered.

· Alternate Bids are not allowed.

· Note: When submitting through IPRO, enter your Cost in IPRO as “$0.01,”

· Package 7: If your Bid contains trade secrets (see next Section), submit an additional redacted version. This should be labeled as Package 7 and include 'Redacted' in the file name.

2.5 Trade Secrets and Non-Public Information

The Idaho Public Records Act, Idaho Code title 74, chapter 1 (the “Act”) defines trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” The Act also defines other records that may be exempt from public disclosure.

In addition to marking each page of the document with a trade secret or other exemption notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

· Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” or “exempt from disclosure” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” or “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret” or “exempt from disclosure.”

· Provide a separate document entitled “List of Redacted Trade Secret and Exempt Information” which provides a succinct list of all trade secret and exempt information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Act.

· Submit a redacted copy of any Bid response document (e.g. Scope of Work Response) with all trade secret and exempt information removed or blacked out. The redacted copy must be submitted electronically in the Supplier Attachments section of IPRO, with the word “redacted” in the file name.

Section 3 Evaluation & Award Procedures

3.1 Mandatory Submission Requirements

All Bids will be reviewed on a "pass" or "fail" basis to ensure compliance with all mandatory submission requirements. Bids determined by the State, at its sole discretion, to be responsive in this regard will proceed to the evaluation process outlined in this Section. Bids that do not meet the mandatory submission requirements will be deemed non-responsive. Mandatory submission requirements include, but are not limited to, the following:

· The Bid was submitted prior to the specified Closing Date and Time.

· The Bid complies with the submission instructions detailed in Section 2.4.

· The Bid includes a fully completed and signed Submittal Form A.

· The Bid includes all required Submittal Forms.

3.2 Mandatory Responsibility Requirements

The Bidder shall meet the following requirements to be eligible for award:

a. DEALER AND SALESMAN LICENSE For the term of the contract the Dealer must comply with Idaho Code, Section 49, Chapter 16, “Dealers and Salesmen Licensing”. Bidders must include a current copy of their license to sell vehicles with the bid submission documents. Bids submitted that do not include a copy of the Bidder’s license may be found non-responsive and no further consideration may be given to the Bid. Out of State Dealers are not required to maintain a State of Idaho Dealers and Salesmen License but must maintain the equivalent licensing in the state the operate from.

b. AUTHORIZED DISTRIBUTOR Submitting vendors must be an authorized distributor for the manufacturer of the off Road vehicle offered. An authorized distributor shall be defined as a company or organization that has a written agreement with the manufacturer to sell or service its products. Bids from Contractors who are not an authorized distributor by the manufacturer will not be considered. Bidders who are purchasing from or through an authorized distributor SHALL NOT meet this requirement and will not be considered for award. Bidder must provide proof of being an authorized distributor with their bid.

3.3 Clarification Discussions

The ITB Lead may, in the State’s sole discretion, perform clarification discussions with the Bidder(s) to verify and validate that the Bid will meet the needs of the Agency. At any time during this period, if it is discovered that the Bidder has not met a mandatory requirement, or has failed to adequately respond to an item below, the State may find the Bidder non-responsive, and disqualify the Bid.

The Bidder(s) may be requested to address the following items:

a) Responsibility Assessment: The Bidder may be required to provide documentation to demonstrate its responsibility. Failure to provide the requested documentation may result in the Bidder being deemed non-responsible.

b) Agency Concerns: The Bidder will address or resolve any major risks, issues, concerns, obstacles, or deal-breakers that have been identified by the Agency.

c) Verify the Fee/Cost Bid: The Bidder will clarify and validate the fee/cost schedule. The Bidder will submit any additional financial data, supporting data, or substantiation requested by the Agency.

d) Provide a Project Schedule: The Bidder will provide a detailed schedule of the project (with major milestones or tasks). This should include milestones, task and proposed start and completion dates.

e) Key Assumptions: The Bidder will provide a summary of the major assumptions that have been made in preparing the Bid. This should include items/tasks that the Bidder has assumed the Agency will perform, items/tasks required from the Agency, and items/tasks that have not been included in the Bid (items that the Bidder feels are outside the scope of work). This should also include any critical expectations or responsibilities that the Bidder has of the Agency, Agency personnel, or other parties/organizations that are not contracted to by the Bidder.

f) Technical Reviews: The Bidder will comprehensively describe the approach for meeting all of the requirements in the Scope of Work to confirm depth and breadth of technical and/or industry knowledge, with any efforts required from the Agency should addressed.

g) Reference Verification: If requested, provide a list of references for the firm and each key personnel.

h) Additional Requested Documentation: If requested, provide any additional documentation that may be requested, which may include a detailed project/work plan, testing and commissioning plan, training, change management plan, safety plan, staffing plan, operational plan, maintenance plans, warranties, bonding and insurance, background checks, etc.

The clarification discussion cannot materially alter the Bid. The State does not expect to negotiate any terms or conditions requested by the Bidder, unless they were submitted by the Bidder prior to the deadline for submitting questions (see Section 1.7), or they provide the State an opportunity to secure more advantageous terms or pricing.

3.4 Best-And-Final-Offer (BAFO)

The ITB Lead, in the State’s sole discretion, may conduct discussions and negotiations with multiple Bidders. The ITB Lead may request that these Bidders provide a Best-And-Final-Offer (BAFO) cost Bid. The State reserves the right to conduct one (1) or more rounds of a BAFO with these Bidders. The revised BAFO cost Bids, along with the additional evaluation criteria and weighting outlined in Section 4.2, will be utilized to prioritize and rank the Bidders. If the State anticipates the possibility of awarding multiple contracts from this ITB, the State may engage in concurrent negotiations with apparently successful Bidders as deemed appropriate.

3.5 Award

Award will be made by Category for each Area (See Exhibit 2 - Area Map) to the responsive responsible bidder with the lowest Total Cost for that Category and Area (See Category Specifications Attachment 1, Attachment 2, Attachment 3, and Attachment 4).

The State reserves the right to make “Multiple Awards” within the same Area if in the best interest of the State, as determined by the Administrator of the Division of Purchasing in accordance with Idaho Code 67-9211. Per Idaho Code 67-9211 (3), when a contract for property has been awarded to two (2) or more bidders in accordance with this section, a state agency shall make purchases from the Contractor whose terms and conditions regarding price, availability, support services and delivery are most advantageous to the Ordering Agencies.

3.6 Resulting Contract

If the State awards Contract(s) from this solicitation, it will do so by issuing Contract document(s) from Luma, the State’s ERP system. The State anticipates issuing a single contract document for each awarded Contractor, incorporating the Terms and Conditions, Scope of Work, Appendices, and some or all of the Bidder’s Technical Bid; however, the State reserves the right to determine the form of the resulting Contract(s). A sample contract is provided in Exhibit 6. At its option, the State may memorialize the agreement between the State and each Contractor in one (1) or more final Contract documents.

The term of the contract will be for one (1) year. Upon mutual, written agreement, the Contract may be renewed or extended with an anticipated total contract term of five (5) years.

Important Note: Any modifications or exceptions to the Contract may be rejected by the State. Therefore, the Bidder is strongly encouraged to submit any proposed modifications or exceptions during the Q&A period (see Section 1.7).

EXHIBIT 1 – Amended 10/16/2025 MP General Specifications

1. GENERAL SPECIFICATIONS

Detailed specifications for each model off road vehicle can be found on Attachments 1, Attachment 2, Attachment 3, and Attachment 4. These general specifications apply to all recreation vehicle categories.

1.1. Each vehicle must be the latest fleet model vehicle of the manufacturer's current standard production, as offered to commercial trade. Though they are not specifically covered herein, all parts necessary to provide a complete and efficient vehicle must be furnished. All parts must conform in design, strength, quality of materials, and workmanship to current engineering practices and accepted standards of the industry. The bidder represents that the vehicle, accessories, and ancillary equipment offered under this specification are new at time of delivery.

1.2. All equipment, including standard and supplemental, must be installed per the manufacturer’s specifications, and the vehicle must be serviced and ready for continuous operation at the time of delivery.

1.3. The Ordering Agency reserves the right to add on any available factory options. Bidder must provide all available factory options for the off road vehicles bid on Submittal Form B Pricing Schedule. All factory installed optional equipment and accessories over and above those that are standard equipment on the model being ordered will be priced at Dealer Invoice price. Prices of optional equipment/accessories may increase or decrease based on model year and/or manufacturer’s cost. Invoices must reflect contract prices in effect on the date the order is placed by the Ordering Agency.

1.4. No advertising, such as decals or insignia indicating dealer identity, are to be affixed to any vehicle ordered under the resulting contract(s). Contractor is responsible for any cost incurred for removal of such items.

1.5. Upon request from the Ordering Agency, the Contractor must supply a manufacturer build-out sheet that provides a breakdown of the standard equipment for the base model vehicle being ordered.

1.6. Each vehicle must be furnished with a minimum of one-quarter (1/4) tank of fuel.

1.7. The interior and exterior of the vehicle must be clean and free of any appearance or performance altering defects when delivered to the Ordering Agency.

2. VEHICLE CATEGORIES

The Vehicles are divided into four categories: UTVs (Attachment 1), Snowmobiles (Attachment 2), and Motorcycles (Attachment 3), and ATVs (Attachment 4).

3. QUANTITY

The following quantities are for information only to give bidders an idea of the potential quantities that may be anticipated with the resulting contract. These numbers represent the average purchases over the last two years for these categories by four (4) of the main using agencies with the State of Idaho. The resulting contract shall be an indefinite quantity contract, no minimum or maximum amounts are guaranteed or implied.

· Motorcycles – 13 each

· UTV – 25 each

· ATV – 33 each

· Snowmobiles – 24 each

4. COST

Provide your price for each recreation vehicle in the categories and areas in which you are bidding on Submittal Form B Pricing Schedule. Prices bid must include any and all accessories/options required to meet the minimum specifications as published in Attachments 1, 2, 3, and 4. Bidder must provide a fully burdened rate which must include, but not be limited to, title application, dealer fees, operating and personnel expenses, such as: overhead, salaries, administrative expenses, travel, profit, and supplies. If bidder cannot provide Idaho Title Application, the cost of the Title Application may be subtracted from your bid price at time of order, however your bid must include the cost of the Title Application and dealer fees.

5. Additional Requirements Note: In the event of conflict with the State’s Standard Terms and Conditions, or other terms, conditions or requirements contained in this ITB, the following provisions will take precedence:

5.1. Off-the-lot purchases

Off-the-lot purchases may only be utilized when an Ordering Agency has an immediate need for a vehicle and cannot wait the maximum allowable days for a vehicle to be delivered, or in circumstances where the factory cut-off date for ordering a vehicle has passed and an Ordering Agency has an immediate need and cannot wait for the next build-out date to be provided. The Contractor may, in its discretion, choose not to include factory bid assistance or fleet incentives for vehicles purchased off-the-lot. Any Off-The-Lot purchases must be provided with the standard fleet vehicle warranty and be approved by DOP prior to purchase.

5.2. Order placements

Vehicle orders will be placed by State of Idaho Agencies only, via State issued Purchase Order. Public agencies will issue their own Purchase Order and work directly with the Contractor. The Contractor must sign and return the Purchase Order within three (3) business days ARO, acknowledging receipt of the order and placement of the order with the manufacturer.

5.3. Cancellation of orders

Orders placed by an Ordering Agency may be cancelled, within thirty (30) calendar days after receipt of order (ARO) from the Ordering Agency. If a Contractor cannot meet the maximum delivery dates outlined in Section 5.7.5, the Ordering Agency may elect to accept the vehicle, with a revised estimated delivery date, or cancel the existing order at no additional cost or liability to the Ordering Agency or the State.

5.4. Order cut-off dates

Contractors must send updated order cut-off dates immediately to Division of Purchasing upon receiving said dates from manufacturer. Cutoff dates must be provided for all Categories Contractor is awarded.

5.5. Warranty, Service and Support, Maintenance, etc.

All vehicles must carry a standard manufacturer’s standard warranty. The warranty start date will not be in effect until the vehicle(s) have been accepted by the Ordering Agency. If the standard manufacturer’s warranty is greater than the listed minimum warranty, Contractor must provide the Ordering Agency with the enhanced warranty at no additional cost. Warranty documentation must be supplied to the Ordering Agency upon delivery for each vehicle ordered. The Ordering Agency reserves the right to purchase extended warranties Contractor may offeror.

5.6. Reporting requirements

Quarterly Usage Reports are required as outlined in Section 5.1 (Reporting) of the State of Idaho Standard Contract Terms and Conditions.

5.7. Delivery

5.7.1. Build-out and delivery schedule

Contractor must make every effort possible to provide an accurate delivery date to the Ordering Agency. Contractor must confirm and notify the State and the Ordering Agency with fourteen (14) calendar days ARO of the build date and scheduled delivery date. In the event confirmation and notice exceeds fourteen (14) calendar days or the maximum allowable dates provided in Section 5.7, the Ordering Agency may elect to cancel the order without any penalty or liability to the State or Ordering Agency.

5.7.2. Delivery date from arrival on the lot

Vehicle deliveries from the dealer’s location to the Ordering Agency must occur within fourteen (14) calendar days from the date the dealer receives the vehicle from the manufacturer. Failure to deliver the vehicle in that timeframe will result in the agency deducting $100 per day late from the invoice, unless otherwise agreed to in writing by the ordering agency. Contractor must provide the Bill of Lading (BOL) upon request from the ordering agency.

5.7.3. The Contractor must complete a pre-delivery inspection (PDI) and adjustment so the vehicle can be put into service as soon as it is delivered and accepted by the Ordering Agency. PDI and adjustments include, but are not limited to, the following:

5.7.3.1. Engine, chassis, accessories: All fluids filled with appropriate lubricants and levels, per manufacturer’s recommendations.

5.7.3.2. One quarter (1/4) tank of fuel.

5.7.3.3. Inspect the vehicles electrical, braking, and suspension systems for proper functionality.

5.7.3.4. Accessories added by Ordering Agency adjusted and installed, per manufacturer’s recommendations.

5.7.3.5. Tires, if equipped, inflated per manufacturer's recommendations.

5.7.3.6. Vehicle(s) cleaned and detailed inside and out. All upholstery and floor protection removed and window decals and any adhesives cleaned from window.

5.7.4. The Ordering Agency may refuse delivery of any vehicle(s) which does not meet the PDI requirements. Upon delivery, the Ordering Agency will have up to fourteen (14) calendar days to inspect and accept each vehicle to ensure compliance with the specifications. If the Ordering Agency determines that any vehicle is not in accordance with the specifications, the Contractor must pick-up, correct any deviations, and re-deliver to the Ordering Agency’s delivery destination at the Contractor’s expense. The timeframe for completion of corrective action must not exceed thirty (30) calendar days from receipt of written notifications from the agency’s designated individual.

5.7.5. The Contractor shall deliver the vehicles as soon as they are available. The Contractor will have a maximum of two hundred and ten (210) calendar days for delivery of vehicles, after receipt of order (ARO). Contractor must immediately notify the Ordering Agency, in writing, of any delivery dates that cannot be met, and provide a revised estimated delivery date.

5.7.6. The Contractor must supply two (2) sets of pre-tested keys, marked with the Vehicle Identification Number (VIN), to ensure the keys are for the vehicle being delivered. In the event the vehicle requires a key fob to operate (push button start, etc.) the Contractor must also supply the Ordering Agency with two (2) sets of pre-tested key fobs.

5.7.7. The Contractor must provide the following documentation to the Ordering Agency, for each vehicle, upon delivery:

· Operator’s (owner’s) manual;

· Manufacturer’s warranty information;

· Original Odometer Statement or Hour Meter equivalent;

· Copy of Manufacturer’s Statement of Origin (MSO);

· Application for title, if dealer can provide (See Section7), properly completed and signed;

· Vehicle MSRP window sticker;

· Manufacturer’s specifications; and

· PDI Checklist

5.7.8. Final delivery location and costs

All prices bid must include delivery within fifty (50) highway miles, one way, from the dealer location to the Ordering Agency. If Contractor does not have a physical location in the Area in which they bid the following cities will be used for reference and delivery must be included within 50 miles:

· Area A Coeur d'Alene Idaho;

· Area B Boise Idaho; and

· Area C Pocatello Idaho.

Deliveries more than fifty (50) highway miles from the dealer location to the Ordering Agency, one way, may be subject to additional mileage fees as applicable here:

5.7.9. For each one-way mile over 51 miles and up to 100 miles, a maximum $3.00 charge per mile may be assessed at the Contractor’s discretion.

5.7.10. For each one-way mile over 100 miles, a maximum $2.25 charge per mile may be assessed at the Contractor’s discretion.

5.7.11. These additional fees apply only to the miles in excess of the required minimum fifty (50) miles and miles are one-way miles.

5.7.12. Pickup

The Ordering Agency reserves the right to pickup the vehicles at the dealer’s location or a mutually agreeable location within the awarded Area instead of delivery.

5.8. Registration

Ordering Agency shall register its own vehicle(s).

5.9. Recalled Components

In the event any components of a vehicle are recalled by the manufacturer, the Contractor must immediately notify the Ordering Agency’s designated individual and provide copies of the notice or documentation of the recall. Upon notification, the Ordering Agency may elect to require the Contractor to complete the necessary modifications, in a timely manner, at the Contractor’s sole expense. DO NOT SEND THE NOTIFICATIONS TO THE DIVISION OF PURCHASING.

5.10. Additions to Contract

The State reserves the right to add new vehicles as needed, added vehicles must be within the awarded category and must be mutually agreeable between the State and the Vendor and must be approved in writing by the Division of Purchasing in an Amendment to the Contract.

When a manufacturer provides a new model replacing the model available on the contract, the awarded Contractor must update the State with the specifications and the vehicle. The vehicle must be approved in writing by the Division of Purchasing and approved in an Amendment to the contract.

5.11. Price Adjustment Clause

Contractor(s) may propose a price increase from the manufacturer, strictly for the base cost of the vehicle, with each new model year offered. It is the responsibility of the Contractor(s) to notify the State, in writing, of any price increases from the manufacturer. Price increases will be a “pass-through,” and must not produce a higher profit margin for the Contractor(s) than the established original contract pricing.

If price decreases become effective for the Contractor, the State will be given immediate benefit of the price decrease on the date the price decrease became available to the Contractor.

The State may request supporting documentation from the Contractor for price verification of any of the vehicles currently on contract. The requested documentation must be provided directly from the manufacturer. This requirement will help ensure that the State is receiving the most current pricing offered by the vehicle manufacturer(s).

Contractor(s) will have fourteen (14) business days to provide current price information, for verification by the State, prior to any price increase. If the Contractor cannot meet this deadline, the current contract prices will govern and remain in effect until pricing can be verified.

Contract pricing shall only be adjusted upon being approved in writing by the State and posted on the State of Idaho’s purchasing website.

5.12. Tariff Cost

If the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”) on an imported good that results in an increase in Contractor’s costs to a level that renders performance under this Agreement impracticable, Contractor may be permitted to add up to fifty percent (50%) of the actual and verifiable cost it directly incurs due to tariffs to its invoices submitted to the State, subject to the following conditions:

1. The Agency must have sufficient appropriation to pay any tariff costs.

2. Contractor shall promptly notify the Agency of the maximum cost of tariffs and obtain the Agency’s prior written approval for payment of any tariff costs. The Agency shall not be obligated to pay tariff costs for which the Agency did not provide prior written approval, for which the Agency does not have sufficient appropriation, or which exceed the approved maximum. Contractor may provide notification of maximum tariffs on a case-by-case basis (for each order) or may provide blanket or time-bound notification (e.g., maximum for any orders placed for the next six (6) months).

3. Contractor shall take reasonable steps to avoid or minimize incurring tariffs and may be asked to provide a certification confirming its efforts and supporting documentation to the Agency.

4. Contractor may only invoice for actual approved tariff costs, even if that amount is less than the approved maximum.

5. The invoice must be supported by accurate documentation confirming the actual cost and applicability of tariffs, which may include country of origin, order/delivery dates, official tariff rates, declared value, supplier or manufacturer invoices, etc.

6. If applicable tariffs are subsequently reduced or eliminated, Contractor will promptly notify Agency and invoices must reflect such change.

Any material misrepresentation of fact by Contractor relating in any way to an increase in pricing due to tariffs is a default under this Contract and shall be subject to the remedies set forth herein, in addition to any other claim or remedy available to the State. Furthermore, any material misrepresentation of fact by Contractor relating in any way to the Agency’s payment of additional sums due to tariffs shall be fraud against the taxpayers of the State and grounds for the Contractor to be deemed non-responsible and/or disqualified from participation in future solicitations administered by the State.

EXHIBIT 2 - AREA MAP

ITB # 1027 Statewide Off Road Vehicles

EXHIBIT 6

Contract

The Contract resulting from this solicitation is subject to the terms and conditions set forth in the document titled “State of Idaho Contract Terms and Conditions” attached within the Questions tab in IPRO Powered by LUMA. By executing a Contract resulting from this solicitation, the parties acknowledge and agree to be bound by all such terms and conditions as if fully set forth herein.

The Contract incorporates by reference all attachments, exhibits, and documents included in the original solicitation, as well as all attachments, exhibits, and materials submitted by the Contractor in response to the solicitation. Such documents form an integral part of the Contract and shall have the same force and effect as if set forth in full herein.

A sample of the Contract document can be found on the following page.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

image2.png image3.png image1.png