ITB 1125 Grounds Maintenance and Snow Removal Administrative Document - Amendment One (1).docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

Idaho Department of Juvenile Corrections

Invitation To Bid

Grounds Maintenance & Snow Removal

ITB Number: 1125 Amendment One (1)

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 Department of Juvenile Corrections (IDJC) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”), that can perform seasonal Grounds Maintenance at the three (3) Juvenile Corrections Center (JCC) and Snow Removal at two (2) locations throughout the state. Background information is provided in Exhibit 1. The complete scope of work is provided in Exhibit 2.

1.2 Procurement Schedule

Optional Pre-Bid Site Visit:

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Bid Opening Date:

Public Bid Opening 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.

Lewiston – 1/22/26 at 2:00 PST; Nampa – 1/23/26 at 2:00 MST;

Saint Anthony – 1/27 at 2:00 MST 2/3/2026 @ 11:59 pm MT 2/19/2026 2/25/2026 @ 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.)

2/20/2026 2/26/2026 @ 10:30 am MT Public Bid Opening ITB 1125 IDJC Grounds Maintenance & Snow Removal | Meeting-Join | Microsoft Teams Week of 2/23/2026 3/2/2026

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.

Mack DeYoung Buyer, Idaho Division of Purchasing Mack.DeYoung@adm.Idaho.gov

1.4 Pre-Bid Site Visit

A non-mandatory pre-bid site visit will be held. While attendance is highly encouraged, it is not mandatory. To obtain additional information regarding this site visit, Bidders must complete and submit Exhibit 3, which informs the State of your planned interest and attendance.

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 Exhibit 6.

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: https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateofIdaho

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: If requested, provide any additional documentation that may be requested, which may include a detailed project/work plan, warranties, testing and commissioning plan, training, change management plan, safety plan, staffing plan, operational plan, maintenance plans, 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.

3.3 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). The State reserves the right to conduct one (1) or more rounds of a BAFO with these Bidders. The revised BAFO cost Bids 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 for each location to the lowest responsive and responsible Bidder per Service Group for each JCC location (Lewiston, Nampa, Saint Anthony). The services up for bid are:

· Total Annual Grounds Maintenance Cost (per JCC location).

· Cost per Event hour for Snow Removal and Deicer (JCC Nampa) and Snow Removal and Sand Application (JCC Saint Anthony).

Bidders do not have to provide bids on all JCC locations or both service groups to be considered for award. Bidders must, however, bid on all services listed for each site bid.

3.5 Resulting Contract

If the State awards Contract(s) from this solicitation, it will do so by issuing Contract Purchase Order (CPO) 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.

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

Background Information

1. About The Department / Agency The Idaho Department of Juvenile Corrections (IDJC) operates three (3) facilities throughout the State of Idaho. Our mission is to guide youth toward productive futures by restoring justice, fostering accountability, and strengthening communities through meaningful partnerships with the vision to empower young individuals and their families by providing comprehensive support, education, and skill-building opportunities to instill resilience and purpose.

2. Background Information Idaho Department of Juvenile Corrections currently contracts for snow removal at JCC-Nampa and JCC-Saint Anthony and for grounds maintenance at JCC-Lewiston. The overall goal is to have contracts in place for all services at all facilities in order to have consistent, efficient and quality work performed at all IDJC facilities statewide.

3. Existing Data The expected start date for this Contract is March 1, 2026. Additionally, IDJC has existing contracts for snow removal services at the Nampa and St. Anthony locations. IDJC reserves the right to allow these contracts to remain in place until such time as the contracts expire after April 2026. There is no expected need for snow removal services at the Lewiston JCC location.

EXHIBIT 2

Scope of Work

1. Summary of Scope The Idaho Department of Juvenile Corrections (IDJC) requires seasonal Grounds Maintenance Services and weather event Snow Removal with Deicer/Sanding Application at all three (3) of its Juvenile Corrections Centers (JCC) located in Lewiston, Nampa, and Saint Anthony, Idaho.

2. Objectives and Expectations Due to the inherent complexity of weather events and seasonal needs, the State is under no obligation to purchase any minimum or maximum quantity of products and/or services under this contract.

3. Budgetary Expectations Due to statewide agency budget holdbacks, overhead costs are very important to IDJC. By using the competitive bid process for these needs, the desired outcome for IDJC is to contract these services with a quality vendor that will both improve work efficiency and reduce overall costs.

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 with four (4) optional one (1) year renewals for an anticipated total contract term of five (5) years.

5. Unique Considerations

6. Requirements – JCC Nampa @ 1650 11th Ave North, Nampa, ID These specifications are the minimum mandatory specifications that your Bid must meet for the Nampa JCC site in order for the State to consider your Bid for award. For reference, file “JCC-Nampa Grounds Maintenance Map” is located in the Attachments tab in LUMA.

6.1 Weeding and Weed Trimming

6.2 Tree and Bush Pruning

6.3 Sprinkler Blowouts

6.3.1 The Contractor must complete a startup and charging of all sprinkler systems in the spring as scheduled by the JCC-Nampa Maintenance crew, including the Contractor adjusting valves, sprinklers and associated equipment as necessary, and;

6.3.2 The Contractor must complete a winterization (sprinkler blowout) of all sprinkler systems in the fall scheduled by the JCC-Nampa Maintenance crew. This includes but is not limited to blowing out the sprinkler lines and associated equipment.

6.4 Herbicide and Fertilizer Application

6.5 No On-Site Storage

No Contractor-owned equipment, materials, vehicles or chemicals shall be stored at JCC-Nampa.

6.6 Snow Removal from Campus Roadways and Parking Lots

6.6.1 The Contractor must remove snow from main roadways and parking lots located at 1650 11th Ave N Nampa, Idaho, moving it to designated end parking spots or available grass areas;

6.6.2 The Contractor shall respond with or without a verbal request from a JCC-Nampa staff member when two (2) or more inches of snowfall accumulates on the JCC grounds occurs;

6.7 Deicing of Campus Roadways, Parking Lots, Front Sidewalk and Walkway to Front Entrance

6.7.1 The Contractor must provide deicing chemical and apply it to these areas. The Contractor may use either a deicing chemical designed to prevent snow from accumulating and to prevent ice from forming (anti-ice) or may use a deicing chemical designed to melt snow and ice after snow fall or freezing, and;

6.7.2 If the Contractor chooses to use a preventive chemical, and it fails to keep snow from accumulating, fails to keep ice from forming, or both, the Contractor must, at no additional cost, apply additional chemicals or use some other form(s) of back-up method to keep snow from accumulating and ice from forming.

6.7.3 The Contractor must not use any chemicals that would deteriorate or damage concrete or asphalt surfaces.

6.8 Sufficient Equipment and Personnel

The Contractor must have sufficient equipment and personnel to clear all required areas within five (5) hours of arriving at JCC–Nampa. The Contractor must have at least one (1) piece of equipment (whether owned or rented; this could include but not be limited to a pickup truck with snowplow attachment) that can also be used to open the entry roadways if needed (ex: a grader or other heavy equipment).

6.9 Special Concerns

6.9.4 The Contractor must not pile snow in these areas:

6.10 Coordination of Services

7. Requirements – JCC Saint Anthony @ 2220 E. 600 N., Saint Anthony, ID These specifications are the minimum mandatory specifications that your Bid must meet for the JCC – Saint Anthony site in order for the State to consider your Bid for award. For reference, file “JCC-Saint Anthony Grounds Maintenance Map” is located in the Attachments tab in LUMA.

7.1 Tree and Bush Pruning

7.2 Herbicide and Fertilizer Application

7.2.3 The herbicides and fertilizer to be used must be approved by JCC – St Anthony Maintenance crew, and;

7.2.3 Prior to application, the Contractor must provide to the JCC and continually keep updated, and on file thereafter, current copies of Safety Data Sheets (SDS) for all chemicals, herbicides & fertilizer being used.

7.3 Grounds Irrigation

7.3.3 The Contractor must complete a startup and charging of all sprinkler systems in the spring as scheduled by the JCC-Saint Anthony Maintenance crew, including the Contractor adjusting valves, sprinklers and associated equipment as necessary;

7.3.4 The Contractor must complete a winterization of all sprinkler systems in the fall scheduled by the JCC-Saint Anthony Maintenance crew. This includes but is not limited to blowing out the sprinkler lines and associated equipment, and;

7.3.5 The Contractor must make repairs to valves, sprinklers and associated equipment when necessary.

7.5 No On-Site Storage

No Contractor-owned equipment, materials, vehicles or chemicals shall be stored at JCC-Saint Anthony.

7.6 Snow Removal from Campus Roadways and Parking Lots

7.9 Special Concerns

8. Requirements – JCC Lewiston @ 140 Southport Avenue, Lewiston, ID These specifications are the minimum mandatory specifications that your Bid must meet for the JCC-Lewiston site in order for the State to consider your Bid for award. For reference, file “JCC-Lewiston Grounds Maintenance Map” is located in the Attachments tab in LUMA.

8.1 Mowing, Weeding and Weed Trimming

8.2 Edging

8.3 Tree and Bush Pruning

8.4 Debris Removal

8.5 Herbicide and Fertilizer Application

8.5.1 The Contractor must apply herbicide and fertilizer for all trees, bushes and grass two (2) times annually. The herbicides and fertilizer to be used must be approved by JCC-Lewiston in writing prior to use. All applications of herbicide and fertilizer must occur during business hours.

8.5.2 Prior to application, the Contractor must provide to the JCC and continually keep updated and on file thereafter, current copies of Safety Data Sheets (SDS) for all chemicals, herbicides & fertilizer being used.

8.6 No On-Site Storage

No Contractor-owned equipment, materials, vehicles or chemicals shall be stored at JCC-Lewiston.

9. Additional Requirements

9.1 Pre-Bid Site Visit

9.2 Subcontractors

Contractor shall not, without written approval from the State, enter into any subcontract relating to the performance of this Contract or any part thereof. Reference Section 1.13 of the State of Idaho Contract Terms and Conditions.

9.3 Price Adjustment Clause

A price adjustment may be considered after the first twelve (12) months of the initial term of the Contract, and every twelve (12) months thereafter. If a price increase is requested, it will be the responsibility of the Contractor to notify DOP 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.

9.4 Records Maintenance

Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

9.5 Audit Rights

The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

9.6 Billing Procedure

The Contractor must provide a signed invoice upon service completion. The invoice must be submitted no later thirty (30) calendar days after services were provided]. No invoice will be accepted or paid without receipt of required documentation. Invoices submitted without the required documentation will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

1. Contract number;

2. JCC location name;

3. Detailed description of services/products provided;

4. Cost of each service/product provided;

5. Total invoiced, and;

6. Dates services/products provided.

Invoices and reports must be submitted electronically via email at: accountspayable@idjc.idaho.gov

EXHIBIT 3

Pre-Bid Site Visit Registration Form

Instructions: Potential Bidders choosing to participate in this Procurement Event are encourage to a site visit for each site they are intending to bid. Bidders must pre-register by submitting this completed form, via e-mail, to the ITB Lead. Bidder attendees will be limited to no more than three (3) representatives from each company. Attendees are asked to submit this registration at least 3 days prior to the optional Pre-Bid Site Visit.

As a reminder, Bidders are cautioned against relying on any verbal information shared during the Conference. The ITB may only be amended by written documentation, posted to the state’s eProcurement System, IPRO POWERED BY LUMA.

NAMPA: Friday, 1/23/2026 @ 2:00PM MT

SAINT ANTHONY: Tuesday, 1/27/2026 @ 2:00PM MT

LEWISTON: Thursday, 1/22/2026 @ 2:00PM PT

EXHIBIT 4

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 4.

· 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 1125 – IDJC Grounds Maintenance & Snow Removal

EXHIBIT 5

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.