STATE OF IDAHO

DIVISION OF PURCHASING

FOR

Idaho State Department of Agriculture

Invitation To Bid

CARBARYL 5% BAIT

ITB Number: 1085

Table of Contents

Section 1 Administrative Information and Overview

1.1 Purpose

The State of Idaho’s (“State”) Division of Purchasing (“DOP”), on behalf of the Idaho State Department of Agriculture (“ISDA”) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”), that can provide Carbaryl 5% bait for the purpose of the control and treatment of grasshopper and Mormon cricket infestations within the State. Background information and the complete scope of work are provided in Exhibit 1.

1.2 Procurement Schedule

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Bid Opening Date:

Public Bid Opening Meeting Link:

Anticipated Award 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.

December 17th @ 11:59 pm MT January 5th @ 5:00 pm MT (Note: in the event of a conflict between this document and the State’s ERP system, the closing date in the ERP system takes precedence.)

January 6th @ 10:30 am MT ITB 1085 - Public Bid Opening | Meeting-Join | Microsoft Teams Week of January 12th – 16th. New contract will not be activated until late February/early March.

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.

Kevin Jarrett Purchasing Officer, Division of Purchasing Kevin.Jarrett@adm.idaho.gov

1.4 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.

Link: IPRO POWERED BY LUMA

1.5 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 2 for additional instructions. Questions must be submitted using the table provided within Exhibit 2.

1.6 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 3 for additional instructions. Modifications and exceptions must be submitted using the table provided within Exhibit 3. The Contract requirements, terms, and conditions are provided in the Questions section of the event in IPRO.

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 will be given.

1.7 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.

1.8 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.

· 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 3: If your Bid contains trade secrets (see next Section), submit an additional redacted version. This should be labeled as Package 3 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 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: Provide any additional documentation that may be requested.

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.

3.3 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.

3.4 Award

An award will be made to the lowest responsive and responsible Bidder with the lowest total cost across both line items.

3.5 Resulting Contract

If the State awards Contract(s) from this solicitation, it will do so by issuing Contract document(s) from IPRO powered by 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 4. At its option, the State may memorialize the agreement between the State and each Contractor in one (1) or more final Contract documents.

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

Scope of Work

1. Summary of Scope The Idaho State Department of Agriculture (ISDA) is seeking the purchase of Carbaryl 5% bait for the purpose of the control and treatment of grasshopper and Mormon cricket infestations within the state. ISDA is charged with assisting landowners across the state in the suppression and control of seasonal outbreaks of grasshoppers and Mormon crickets. The purpose of this purchase is to have on hand a supply of bait to be used for landowner assistance as outbreaks occur.

2. Objectives and Expectations The bait will be utilized by ISDA to respond to Mormon cricket and grasshopper infestations statewide on state and qualifying private lands. For qualifying infestations on private land, bait will be distributed to private landowners for treatment of infestations by them.

3. Budgetary Expectations ISDA estimates that two hundred thousand pounds (200,000 pounds) of Carbaryl 5% will be required annually.

On the previous contract, spend was seven hundred ninety thousand two hundred and seventy-two ($790,272.00) dollars over four (4) years. The expected budget for this solicitation is two hundred and fifty-four thousand ($254,000.00) dollars per year.

4. Schedule & Term Expectations The term of this Contract will be for one (1) year. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is five (5) years.

Delivery is expected 7 days ARO (after receipt of order)

5. Requirements These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award.

5.1 Bait must be formulated with Carbaryl (1-naphthyl N – methylcarbamate) at five (5%) percent by weight/volume

5.2 Bait must be formulated with Plant based insect attractant

5.3 Bait must be formulated as pellets/granules

5.4 Bait must be labeled for agricultural crops, range and pasture.

5.5 Bait must be registered as a pesticide for use in Idaho.

6. 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:

6.1. Acceptance

The product will be inspected upon delivery to ensure accurate quantity was delivered, product name and labeling match order request, and product condition (no visible water or visibly torn bags).

ISDA reserves the right to return product that has been damaged due to mold, high moisture content, or tears to the bag that may not have been visible at time of delivery but becomes identified at time of use. ISDA will provide LOT or Batch numbers to identify a manufacturing issue for product return.

6.2. Delivery

Delivery will either be to the ISDA main office at 2270 Old Penitentiary Road, Boise, ID, or the ISDA Twin Falls Bait Shed at 2015 Eldridge Ave, Twin Falls, ID. The delivery location will be specified at time of order. The point of contact for ISDA to coordinate delivery will be made available upon award of the contract. The bait will be ordered on an as needed/as requested basis, by the truckload, with the following instructions:

6.2.1 Bags must be delivered on 4-way pallets with fifty (50) bags per pallet and with netting wrap or plastic.

6.2.2 No delivery on weekends or holidays. State of Idaho holidays can be found here (State Holidays | The Official Website of the State of Idaho).

6.2.3 No loading ramp is available; delivery must be by flatbed trailer to unload from the ground with a forklift or by van so pallets can be pulled out with a pallet puller, etc. from the ground.

6.2.4 Delivery must be between the hours of 8:00 am and 3:00 pm Mountain Time on weekdays.

6.2.5 24-hour notice must be given to IDSA for deliveries.

6.2.6 MSDS and Bill of Lading must be provided at time of delivery.

6.3. Price Adjustment Clause

A price adjustment may be considered after the first twelve (12) months of the initial term of the Contract, and every six (6) months thereafter. If a price increase is requested, it will be the responsibility of the Contractor to notify DOP and ISDA sixty (60) calendar days in advance of the desired effective date and provide supporting documentation showing industry wide increases justifying the request. DOP will notify Contractor whether the request is approved within thirty (30) calendar days of receipt of the request.

If there is an industry wide price decrease, Contractor must notify DOP immediately of the decrease; and make the price decrease effective for ISDA on the same day it becomes effective for the Contractor. If the State is not properly notified of price decreases, the pricing at the time of order will be used for invoice payment and the Contractor will provide refunds or credits as necessary.

6.4. Billing Procedure

The Contractor must provide a signed invoice upon delivery. Payment will be Net 30 invoicing terms. No invoice will be accepted or paid without acceptance of products and receipt of required documentation. Invoices submitted without the required documentation will be returned to the Contractor for resubmission. The point of contact for ISDA to coordinate invoicing will be available upon award of the contract.

The Contractor must provide the following information with each invoice:

1. IPRO contract number and name of product and Agency PO number

2. Delivery location and delivery date

3. Total amount billed for the billing period

4. Name of authorized individual and contact information for Contractor

Invoices and reports are to be submitted to:

Agency Contact Person:

P.O Box 7249, Boise, ID 83709

EXHIBIT 2

Questions

General Instructions

· The ITB Lead is the sole point of contact for this solicitation.

· All questions, clarification, or other correspondence must be submitted in writing via email to the ITB Lead.

· The e-mail subject line should include the “ITB Number”, followed by “Questions” (i.e. ITB 12345 Questions).

· Questions must NOT be submitted through IPRO.

· Questions must be received by the deadline specified in the Procurement Schedule.

· The Bidder must use the table on the following page, to submit all questions or clarifications. The Bidder must adhere to the instructions below.

Instructions Regarding the Table

· Do NOT change the format, font, font style, or font colors.

· Do NOT submit any questions related to the State’s Contract Terms or Conditions. Those must be submitted using Exhibit 3.

· Do NOT identify your name, your company’s name, or product names of intellectual property in your questions.

· Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment 1”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

· Add additional rows by hitting the “Tab” key while within the table, and within the final row.

· Do not enter text in the “Response” field (column 5). This is for the State’s use only.

Bidder Questions ITB 1085 Carbaryl 5% Bait

EXHIBIT 3

Contract Modifications and Exceptions Before requesting modifications or exceptions to the Contract requirements, terms, and conditions, please review this document for greater context and reasoning behind key items.

1. Idaho Terms and Conditions – Background The Division of Purchasing issues solicitations on behalf of State of Idaho agencies. As public entities, the Division and the agencies it serves are subject to statutes, rules and policies that result in terms and conditions unlike those common in contracts between private parties. The Division of Purchasing does not have authority to vary many of these terms and in some instances variations are void under Idaho law. See IDAPA 38.05.01.112.

Idaho is not unique. Many of the terms in the State of Idaho Standard Terms and Conditions are similar to terms offered by most federal, state, and local government agencies. Vendors who seek to work with government agencies should become familiar with these terms. The discussion below is provided to assist you in becoming familiar with the legal and policy basis for the terms and to provide information for you to evaluate the risks and benefits of working with public entities.

2. Termination – Costs of Re-procurement The State of Idaho Standard Terms and Conditions provision concerning termination specifically identifies the costs of re-procurement as a damage arising from a breach of the contract by a vendor. This damage is identified because of the public agency budgeting process and the competitive solicitation process required by Idaho’s purchasing laws. The Idaho purchasing laws provide a preference for open, competitive procurements. These procurements come at a cost to the agency, which is generally included in the agency budget requested from the Idaho Legislature more than twelve months prior to incurring the expense. Unlike a private business, public agencies cannot independently pass through the costs of re-procurement to Idaho taxpayers, who are the customers of government. Instead, Idaho agencies must submit a request for the costs to the Idaho Legislature in a subsequent budget year, which is usually after the need to secure a replacement vendor for the breaching contractor arises. As a matter of public policy, the contractor whose breach caused the damage of requiring re-procurement must pay those costs at the time of breach so that the public can receive the benefit of the contract made on its behalf through re-procurement of a new contract. This policy is reflected in the State of Idaho Standard Terms and Conditions provision concerning termination and the Division of Purchasing does not generally vary this requirement.

3. Termination – Fiscal Necessity Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. An appropriation can be reduced under Idaho law through “give backs” and “hold backs” issued by the executive branch. When the Division of Purchasing enters into a contract, it must contain the term allowing for termination for fiscal necessity to comply with these provisions. Variation of this term is not offered.

4. Anti-Discrimination/Equal Employment Opportunity Many of the Idaho agencies served by the Division of Purchasing receive federal funding that is subject to a requirement concerning a pass-through to vendors of the obligation to comply with federal civil rights and anti-discrimination laws. The pass-through obligation may extend beyond the specific federal funds to all agency contracts. Variation of this term is not offered to prevent a breach of the State of Idaho’s obligations under its agreements with the United States.

5. Taxes The State of Idaho Standard Terms and Conditions provision concerning taxes identifies that Idaho agencies are exempt from the payment of taxes and provides that the contractor is responsible for all taxes assessed against the contractor as a result of doing business with the State of Idaho. State agencies are not granted an appropriation to pay taxes due to the exemptions that apply to government agencies. As discussed above under the heading Termination – Fiscal Necessity, terms in excess of appropriation are void under Idaho law. Variation of this term is not offered.

6. Indemnification Many vendors request the State of Idaho offer an indemnification of the vendor. An indemnification is a promise to pay funds that have not been appropriated in the current budget year or that may occur in a future budget year that has not yet been appropriated by the Idaho Legislature. Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. Variation of this term is not offered.

In assessing the risk of doing business with the State of Idaho, vendors should consider the following. The State of Idaho has waived its sovereign immunity for torts as described in the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. To the extent that the State or its employees have committed a tort, contractors have legal remedies available through that act. Tort liability is funded by the Idaho Legislature through an appropriation to the Retained Risk Program and appropriation issues do not arise in actions under the act. In addition, under existing Idaho court decisions, the State does not have sovereign immunity for contract claims arising from a properly entered contract. If the State is in breach of its contract obligations, contractors have the legal remedies available under any contract. Lastly, States are generally prohibited from the benefits of the federal bankruptcy laws. Unlike private companies, an indemnification clause is not required to preserve a remedy through the company’s insurer should the company declare bankruptcy.

7. Public Records All Idaho agencies are subject to the Idaho Public Records Act, Idaho Code title 74, chapter 1. State agencies cannot by contract vary the requirements of the Act or agree to violate the Act by withholding records properly subject to release under the Act. The State of Idaho Standard Terms and Conditions provision concerning disclosure of public records has been drafted to allow contractors to designate records as exempt under the provision of the Act if the contractor agrees to defend that designation and to indemnify the State of Idaho for any costs and penalties imposed under the Act. Variation of this term is not offered.

8. Assignments Idaho code section 67-9230 prohibits the transfer of a contract issued by the Division of Purchasing without written approval by the Administrator and the Idaho Board of Examiners. At the option of the Administrator, a contract transferred in violation of this provision can be annulled. Idaho Code section 67-1027 provides that the Idaho Controller shall not pay an assignee of a contract if the assignment has not been approved by the Idaho Board of Examiners. The State of Idaho Standard Terms and Conditions provision concerning assignment cannot be varied in a way that allows assignment without approval of the Administrator and the Idaho Board of Examiners.

9. Governing Law, Jurisdiction and Venue, Arbitration, Waiver of Jury Trial As a sovereign state, the State of Idaho is not subject to the jurisdiction of the courts of its sister states. The Idaho legislature has not consented to the waiver of this limitation by state agencies. The 11th amendment to the United States Constitution provides limitations on the jurisdiction of federal courts over claims against the State of Idaho. IDAPA 38.05.01.112, approved by the Idaho Legislature in 2015, provides that terms subjecting the State of Idaho to the jurisdiction of the courts of other states are void.

Agencies of the State of Idaho are subject to Idaho law and cannot vary the legal provisions governing the agency by contract. Based on this limitation, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to all of a contract. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to a portion of the contract.

Idaho Code section 29-110 provides that any term of a contract subjecting a party to arbitration conducted outside the State of Idaho is void. IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to arbitration. At this time, the Office of the Attorney General does not generally advise agencies to consent to arbitration. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to an arbitration provision.

IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to wavier of the right to a jury trial. At this time, the Office of the Attorney General does not generally advise agencies to consent to waiver of the right to a jury trial. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to waiver of the right to a jury trial.

10. Payment Terms Idaho Code section 67-2302 establishes the general legal requirements for payments by Idaho agencies. Among other things, this section prohibits full payment on partial deliveries and establishes a statutory rate of interest and penalties on late payments. Idaho agencies cannot vary these terms by contract.

11. Limitations of Liability As a public entity representing Idahoans, requests to limit the liability of a contractor are considered as matters of public policy. Limitations of liability are authorized only when it is appropriate for the taxpayers of Idaho to bear the risk of the contractor’s breach or where the limitation is in excess of any reasonable contractor liability under the contract. In general, it is the policy of the Division of Purchasing to expect contractors to secure insurance to provide for the reasonable risks of operating the contractor’s business. As representatives of all Idahoans and a matter of public policy, the Division of Purchasing will not approve limitations of liability for death or personal injury or damage to real property.

General Instructions

· The ITB Lead is the sole point of contact for this solicitation.

· All modifications and exceptions to the State’s Contract Terms and Conditions must be submitted in writing via email to the ITB Lead.

· The e-mail subject line should include the “ITB Number”, followed by “Questions” (i.e. ITB 12345 Questions).

· Questions must NOT be submitted through IPRO.

· Questions must be received by the deadline specified in the Procurement Schedule.

· The Bidder must use the table on the following page, to submit all modifications and exceptions. The Bidder must adhere to the instructions below.

Instructions Regarding The Table

· Do NOT change the format, font, font style, or font colors.

· Do NOT identify your name, your company’s name, or product names of intellectual property in your questions.

· Blanket requests to negotiate requirements, terms, or conditions will NOT be considered.

· Identify the section number, and title of the section containing the language being questioned.

· Provide the rationale for the specific requirement being unacceptable (define the deficiency).

· Provide alternative or suggested language for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

· Add additional rows by hitting the “Tab” key while within the table, and within the final row.

· Do not enter text in the “Response” field (column 5). This is for the State’s use only.

Modification & Exception Form ITB 1085 Carbaryl 5% Bait

EXHIBIT 4

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

SUBMITTAL FORM A

Background, Declarations, & Certifications

All information requested in this Submittal Form is Mandatory.

Failure to complete or respond to each question, failure to sign this Form, and failure to submit this Form may result in your Bid being deemed non-responsive.

PROJECT INFORMATION

BIDDER INFORMATION

Company Name:

Company Address:

Tax Identification Number (EIN):

DUNS Number:

☐ Limited Liability Corporation (LLC) ☐ Limited Liability Partnership ☐ Sole Proprietorship ☐ Other (specify)

CONTACT INFORMATION

Individual responsible for preparing this Bid, and who can be contacted for clarification on this Bid

Contact Name:

Title:

Email:

Telephone:

AMENDMENT ACKNOWLEDGEMENT

CONFLICT OF INTEREST

The Bidder SHALL select an option below:

☐ The Bidder declares that there ARE potential, perceived, or actual conflicts of interest that may arise as a result of their response to this ITB and/or subsequent award of Contract. The Bidder SHALL attach additional information to explain the conflicts.

CERTIFICATIONS

1) Is Bidder a legal entity with the legal right to contract?

☐ Yes ☐ No

2) Is Bidder in compliance with applicable equal employment regulations?

☐ Yes ☐ No

3) Does Bidder understand and agree that for breach or violation of the above term, the State has the right to annul the Contract without liability or, in its discretion, to deduct from the offered price the amount of any such fee, commission, percentage, brokerage fee, gifts, or contingencies.

☐ Yes ☐ No

4) Does Bidder affirm that it is not currently suspended, debarred, or otherwise excluded from federal or state procurement and non-procurement programs? Note: vendor information is available at https://sam.gov

☐ Yes ☐ No

5) Does the Bidder affirm that the Bid will be firm and binding for ninety (90) calendar days from the Bid opening date?

☐ Yes ☐ No

7) The Bidder confirms that it has the financial strength to perform the services required under this ITB.

☐ Yes ☐ No

8) The Bidder confirms that they can provide financial information (records, documents, etc.) and financial statements (Balance Sheet, Income Statement, and Cash-Flow Statement), to the State upon request.

☐ Yes ☐ No

* Failure to answer, or answering “No” may be grounds for disqualification. Attach additional information on any subject where the Bidder responded “No” to a question above.

CONTRACT TERMS AND CONDITIONS

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).

* Failure to answer, or answering “No” may be grounds for disqualification. Complete the information below if you have responded “No” to the question above.

The Bidder shall review Exhibit 3 for additional information regarding the State’s Terms and Conditions. Non-material modifications or exceptions may be discussed with the apparent successful Bidder, at the discretion of the State. The State has sole discretion to determine if the modifications or exceptions would result in a material change or otherwise threaten the integrity of the procurement process. The State shall have the right to reject any and all such modifications and/or exceptions, or to call an end to such discussions, and to instruct the Bidder to amend its Bid and remove the modifications and/or exceptions. Failure to do so may result in the State finding the Bid non-responsive. The determination of materiality will be made at the State’s sole discretion. In the event that the Bidder has conditioned its Bid on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Bidder will be given the opportunity to retract the proposed modifications or exceptions from its Bid. Failure to do so will result in the Bidder’s Bid being found non-responsive, after which it will receive no further consideration.

The Bidder shall identify all modifications or exceptions to the Contract Terms & Conditions provided in the Questions section of the event in IPRO. The Bidder must use the template that is provided in Exhibit 3. Blanket requests to negotiate requirements, terms, or conditions will NOT be considered.

ATTESTATION AND SIGNATURE

This Submittal must be dated and signed by an officer or agent (“Representative”) duly authorized to execute contracts for the Bidder. I certify that I have read and understand this ITB and I am authorized to sign this Bid on behalf of the Bidder.

Printed Name of Representative

Signature

Date

SUBMITTAL FORM B

Bid Schedule

Instructions The Bidder must complete and submit all information requested in this Submittal Form. The State reserves the right to request additional information to verify and validate that the price proposed is fair and reasonable. The Bidder shall provide any additional information, upon request. The Bidder is not permitted to adjust or modify this form, and may not include additional rates, amounts, costs, information, exceptions, or limitations to their costs. Failure to meet these requirements may deem the Bid to be non-responsive. Please be aware that new contract is not expected to activate until late February.

Submittal Form B can be found in the Questions section of the event in IPRO.

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