ITB 1182 - Administrative Document - Highway Delineation.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

IDAHO TRANSPORTATION DEPARTMENT

Invitation To Bid

Highway Delineation

ITB Number: #1182

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 Transportation Department (“ITD”) is issuing this Invitation To Bid (“ITB”) to solicit Bids from qualified and experienced firms (“Bidders”), that can provide various types of highway delineation, on an as-needed basis. Background information is provided in Exhibit 1. The complete scope of work is provided in Exhibit 3.

1.2 Procurement Schedule

Deadline to submit questions:

Closing Date (deadline to submit Bid):

Public Opening Date:

Link for Public Bid Opening:

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.

March 25, 2026 @ 11:59PM MT April 16, 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.)

April 17, 2026 @ 10:30 am MT ITB 1182 - Highway Delineation - Public Bid Opening | Meeting-Join | Microsoft Teams Week of April 27, 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.

Sean Hogan Buyer, Division of Purchasing Sean.hogan@adm.idaho.gov

1.4 Pre-Bid Conference

There will be no pre-bid conference for this event.

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.

Link: IPRO POWERED BY LUMA

1.6 Initial Term of Contract and Renewals

The resulting Contract will be a Blanket Purchase Order (BPO). The initial term of the Contract will be for two (2) years. Upon mutual, written agreement, the Contract may be renewed, extended or amended for two (2) additional two (2) year periods. The anticipated total Contract term is six (6) years.

1.7 Questions

The Bidder must 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 5 for additional instructions. Questions must be submitted using the table provided within Exhibit 5.

1.8 Modifications and Exceptions to Requirements, Terms, and Conditions The Bidder must 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 6 for additional instructions. Modifications and exceptions must be submitted using the table provided within Exhibit 6. The Contract requirements, terms, and conditions are attached 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 may be given.

1.9 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.

1.10 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 must 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:

2.3.1 The Bidder shall not embed information, embed files, or embed any links within the Submittals.

2.3.2 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:

2.4.1 The Bid must 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.

2.4.2 The Bid must be submitted in the following forms:

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

2.4.3 All electronic files must be in Adobe PDF, Microsoft Word, or Microsoft Excel format as noted in the table above. Bids containing contents in any other format, may deem the Offeror non-responsive.

2.4.4 The Bid file(s) must not be password protected or locked in any way. Bids must be accessible on the day of the bid opening.

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

2.4.6 Alternate Bids are not allowed.

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

2.4.8 Submittal form No. 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:

2.5.1 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.”

2.5.2 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.

2.5.3 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:

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

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

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

3.1.4 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:

3.2.1 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.

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

3.2.3 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.

3.2.4 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.

3.2.5 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.

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

3.2.7 Additional Requested Documentation: If requested, provide any additional documentation that may be requested, which may include a Product Data Sheets (PDS), Safety Data Sheets (SDS), confirmation of compliance with Federal Highway Administration (FHWA), American Association of Highway and Transportation Officials (AASHTO) and Manual for Assessing Safety Hardware (MASH) if applicable.

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 1.8), 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 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

Award will be made to the responsive, responsible Bidder(s) providing the lowest Total Cost for each group of line items, as provided on Submittal Form B – Pricing Schedule. More than one (1) award may be issued from this solicitation.

The State also reserves the right to make multiple awards in accordance with Section 67-9211 of Idaho Code in the best interest of the State.

3.5 Resulting Contract

If the State awards Contract(s) from this solicitation, it will do so by issuing a Blanket Purchase Order (BPO) 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 7. 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 1.8).

EXHIBIT 1

Background Information

1. About The Department / Agency The Idaho Transportation Department (ITD) is responsible for the planning, construction, maintenance, and operation of Idaho’s state highway system, ensuring safe and efficient transportation infrastructure across the state. ITD oversees critical maintenance activities, including highway delineation to enhance public safety. The Division of Purchasing (DOP), on behalf of ITD, manages procurement processes to acquire equipment and services that support these objectives in compliance with Idaho Code and IDAPA regulations.

2. Background Information Idaho's state transportation system consists of more than 12,200 miles (19,600 km) (lane miles) of roads, more than 1,800 bridges, approximately 1,630 miles (2,620 km) of rail lines, 126 public-use airports, and the Port of Lewiston. The agency is also responsible for 29 rest areas and 12 ports of entry. The entire system requires highway delineation.

3. External References

3.1. Specifications for Highway Construction: https://apps.itd.idaho.gov/Apps/manuals/SpecBook/SpecBook23.pdf

4. Summary of Specifications The purpose of this solicitation is to procure a reliable supplier for highway delineation. “Highway Delineation” is defined as products used to guide, warn, or regulate roadway users, including but not limited to, raised pavement markers, delineators, channelizing devices, flexible posts, object markers, and related highway delineation items

5. Objectives and Expectations The high-level objectives of this procurement are to secure highway delineation and adherence to Federal Highway Administration (FHWA) American Association of Highway and Transportation Officials (AASHTO) and Manual for Assessing Safety Hardware (MASH) regulatory standards, ultimately supporting ITD's mission of safe and efficient transportation infrastructure maintenance.

6. Schedule & Term Expectations The resulting Contract will be a Blanket Purchase Order (BPO). The term of this Contract will be for two (2) years, with the option to renew for two (2) additional two (2) year periods upon mutual, written agreement. The anticipated total Contract term is six (6) years.

EXHIBIT 2

General Requirements

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

The Contractor must ensure that the Manufacturer’s standard warranty is fully extended to ITD and explicitly incorporated into the resulting Contract. See Section 2.4 of the State of Idaho’s Contract Terms and Conditions, located in IPRO, for warranty details.

2. Contract Monitoring

2.1. Contract Monitor contact information will be provided at the time of Contract award. The Contract Monitor is responsible for managing the performance of the Contract.

3. Delivery

3.1. Deliveries must be made within thirty (30) calendar days after receipt of each order (ARO). The delivery location will be indicated on each Order as it is placed. The delivery locations for items to be ordered by each ITD District are provided in Section 6. ITD reserves the right to add or delete delivery locations;

3.2. Deliveries must be made Monday through Friday between the hours of 8:00 AM and 4:00 PM Local Time of each ITD District. ITD Districts 1 & 2 are Pacific Time and ITD Districts 3 through 6 are Mountain Time. No deliveries will be accepted on weekends or State recognized; holidays; (https://sos.idaho.gov/state-holidays/), unless otherwise coordinated and approved by the ITD District placing the order.

3.3. Deliveries must include a packing slip with the following information:

3.3.1. IPRO Contract number;

3.3.2. ITD District purchase/delivery order number;

3.3.3. Delivery location;

3.3.4. Product description and;

3.3.5. Quantity.

3.4. If the Contractor is unable to provide delivery to any location identified in Section 6, the Contractor must notify ITD in writing within five (5) business days of contract award or upon discovery of the inability to deliver (whichever occurs first). The Contractor must coordinate with the designated ITD Contract Monitor to arrange alternative delivery methods, at no additional cost to ITD beyond the bid pricing;

3.5. Failure to deliver within the required thirty (30)-day ARO timeline, unless mutually agreed in writing by ITD, shall constitute a material breach of the Contract. ITD may, at its sole discretion:

3.5.1. Reject the delivery and require redelivery at Contractor’s expense;

3.5.2. Terminate the affected delivery location or the entire Contract for default, or;

3.5.3. Pursue any other remedies available under the State of Idaho Standard Contract Terms and Conditions.

4. Orders

4.1. Orders will be placed on an as needed basis by ITD via an ITD purchase order (Order).

4.2. The Contractor must confirm receipt of each Order and provide an estimated delivery date within forty-eight (48) hours after receiving the Order from ITD,

4.3. Each Order will indicate the quantity and Delivery Location.

5. Packaging

5.1. Flexible Delineator Posts and Flexible Snow Marker Posts:

5.1.1. All product units must be boxed in a minimum of ten (10) and a maximum of twenty-five (25) per box.

5.1.2. Boxes must be marked with content description and number of units noted on outside of each box. Boxes must be of suitable strength and durability to prevent puncturing or weather damage during shipment.

5.2. Rigid Type “U” Steel Posts for Delineators:

5.2.1. Rigid delineator posts must be metal strapped in individual bundles of twenty-five (25) posts per bundle. Four (4) individual bundles of twenty-five (25) must be bundled in one (1) bundle of one hundred (100).

5.3. If requested by ITD, orders must be packaged, palletized, and wrapped in a manner so that unloading can be accomplished by a forklift. A forklift and operator will be provided by ITD to assist in unloading.

5.4. Safety Data Sheets (SDS) and Technical Data Sheets (TDS) must accompany each shipment;

6. Locations ITD reserves the right to add or remove delivery locations within ITD District boundaries. Notification of delivery location changes will be sent electronically through email communication. Any addition or removal of delivery locations shall not be effective until an Amendment to the Contract is agreed to by the parties and executed by DOP.

ITD District 1 Yard 600 W. Prairie Ave.

Coeur d’Alene, ID 83814

ITD District 2 Yard 2600 Frontage Rd.

Lewiston, ID 83501 ITD District 3 Yard 8150 Chinden Blvd.

Boise, ID 83714

ITD District 4 Yard 216 Date St.

Shoshone, ID 83352

ITD District 5 Yard 5151 South 5th Pocatello, ID 83204 ITD District 6 Yard 206 N. Yellowstone Rigby, ID 83442

7. Price Adjustment Clause

7.1. 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 the State in writing at least 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 the Contractor whether the request is approved within thirty (30) calendar days of receipt of the request; and

7.2. If there is an industry wide price decrease, Contractor must notify ITD immediately of the decrease and make the price decrease effective for ITD 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.

8. Tariff Costs

8.1. 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:

8.2. ITD must have sufficient appropriation to pay any tariff costs.

8.3. Contractor shall promptly notify the State of the maximum cost of tariffs and obtain ITD’s prior written approval for payment of any tariff costs. ITD shall not be obligated to pay tariff costs for which ITD did not provide prior written approval, for which ITD 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).

8.4. 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 State.

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

8.6. 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.

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

8.8. 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 ITD’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.

9. Records Maintenance The Contractor must 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 must 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.

10. 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.

11. Billing Procedure The Contractor must provide a signed invoice upon delivery. The invoice must be submitted no later than thirty (30) calendar days after delivery.

11.1. The Contractor must provide the following information with each invoice:

11.1.1. Agency PO number;

11.1.2. Identification of billing period;

11.1.3. Total amount billed for the billing period;

11.1.4. Detailed description of products provided;

11.1.5. Contact information for Contractor.

12. Invoices must be submitted to the following e-mail addresses:

ITD District 1 D1AP@itd.idaho.gov ITD District 2 D2AP@itd.idaho.gov ITD District 3 D3AP@itd.idaho.gov

ITD District 4 D4AP@itd.idaho.gov

ITD District 5 D5AP@itd.idaho.gov ITD District 6 D6AP@itd.idaho.gov

13. Payment Payment will be made in accordance with Idaho Code 67-2302 after receipt of the Contractor's itemized invoice and is accepted by ITD.

14. Additional Volume Discount Bidders may offer volume discounts for Highway Delineation. If offering a volume discount, provide the discount percentage and dollar amount required to receive the discount in your Bid Schedule. (See Submittal Form B - Pricing)

Note: Discounts offered will apply after the award of the contract and will not be considered during bid evaluations.

EXHIBIT 3

Specifications

1. Manufacturer Brand Components

1.1. Any Manufacturer Brand Components referenced in this solicitation are intended to be descriptive—not restrictive—and serve only to illustrate the quality and characteristics required. Bidders proposing an equivalent Manufacturer Brand Component must provide documentation demonstrating, to the State’s satisfaction, that the offered item(s) meet all minimum requirements outlined in the solicitation. This documentation must be submitted prior to the closing of the question period as noted in Section 1.2;

1.2. If your product offered does not meet any of the specifications, Bidder must provide an explanation of how the product offered is functionally equivalent to the stated specification as well as descriptive literature that supports the product offered;

1.2.1. This explanation must be declared during the question period of this event as stated in Exhibit 5 – Questions of this ITB. State acceptance will be in the form of an amendment, and;

1.3. In the event documentation is not satisfactory, the State reserves the right to seek clarification from the Vendor. Failure to provide satisfactory documentation or a clarifying response to the State may eliminate the Vendor from further consideration.

2. Group 1 – Flexible Delineator Posts

2.1. Carsonite as Follows:

2.1.1. Roadmarker (CRM);

2.1.2. Dual-Sided Marker (CIB);

2.1.3. Curv-Flex (CFR);

2.1.4. Tuff-Flex (CTFM);

2.1.5. See Exhibit 9 for drawings, colors, lengths, and illustrations;

2.1.6. Posts must be constructed of fiberglass-reinforced composite material, and;

2.1.7. All styles must be supplied with anchor barbs.

2.2. Flexible Delineator Posts Reflective Sheeting:

Flexible Delineator Posts must have Reflective Sheeting (RS) meeting the following requirements:

2.2.1. Type IV (minimum) direct applied retroreflective sheeting conforming to Section 712.02 of ITD’s Standard Specifications for Highway Construction: https://apps.itd.idaho.gov/Apps/manuals/SpecBook/SpecBook23.pdf.

2.2.2. Centered horizontally on the post;

2.2.3. Measures (as determined by ITD at the time of order):

2.2.3.1. Must be three (3) inch wide by three (3) inch long (3” X 3”) and three (3) inch wide by six (6) inch long (3” X 6”), and;

2.2.4. Must be available in white, yellow, red and blue.

3. Group 2 – Glasforms Snow Marker Poles

3.1. Glasforms Flexible Rectangular Fiber Reinforced Polymer Composite Snow Marker Poles:

3.1.1. Glasforms RSP38-120-03 Rectangular Snow Marker Poles;

3.1.2. Must be three-eights (3/8) inch X one and a quarter (1 ¼) inch solid bar;

3.1.3. Must have Unidirectional E-glass in isopolyester resin with Ultra Violet (UV) resistance;

3.1.4. Must have an Elliptical profile with flattened back;

3.1.5. Reflectivity must not be applied;

3.1.6. Must be one hundred forty four (144) inches in length;

3.1.7. Must be orange in color;

3.1.8. Must have radius edges and;

3.1.9. Must have beveled corners.

4. Group 3 – Rib-Back Rigid Steel Posts

4.1. Nucor Marion Rigid Type “U” Channel Steel Posts for Delineators:

4.1.1. Must meet the dimensional design requirements described in Exhibit 9 - Illustrations Type “U” Rigid Steel Post Detail Drawing;

4.1.2. Must be one point one two (1.12) lb./ft six (6) ft meeting A499-89 Grade sixty (60). (Roll form meet A499-89 Grade 60 or equal are acceptable);

4.1.3. Punching must be three-eighths (3/8) inch diameter holes on one (1.0) inch centers, with first hole one (1.0) inch from the top and last hole twenty-six (26) inch from the top;

4.1.4. Must not have an anchor plate;

4.1.5. Coating must be free of lead and chromate pigments, and;

4.1.6. Must be galvanized or finished with green baked enamel, conforming to section 708.16 of ITD’s Standard Specifications for Highway Construction:

https://apps.itd.idaho.gov/Apps/manuals/SpecBook/SpecBook23.pdf.

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. Catalog Items

5.1.1. The Contractor must offer their full catalog of flexible highway delineation products, accessories, and replacement parts to the State. Catalog products available on the resulting contract must be limited to traffic delineation related products, accessories, and replacement parts. Other catalog categories and items shall be excluded from the resulting contract.

5.1.2. If Contractor is offering a discount percent for the vendor catalog enter it on Submittal Form B – Pricing. Submitting bidders are not required to offer a catalog discount price. Discount pricing is for contractual purposes only and shall not be evaluated.

5.2. Product Substitutions

No product substitution may be made without prior written approval from the State. The Contractor must immediately notify the State in writing upon learning that a specified product listed on Submittal Form B is unavailable, discontinued, or cannot be supplied (except in cases of Section 1.24 Force Majeure, of the State of Idaho Standard Contract Terms and Conditions).

The notification must include:

5.2.1. Product name and catalog item number;

5.2.2. Reason for unavailability;

5.2.3. Proposed substitute product (including brand, specifications, and evidence of equivalent or superior performance), and;

5.2.4. Confirmation that the substitute meets or exceeds all performance requirements, including FHWA, AASHTO and MASH.

The State reserves the sole right to approve or reject any substitute. No substitute product must be shipped until ITD provides written approval. Unauthorized substitution may be grounds for rejection of delivery, invoice non-payment, and/or termination of the Contract for default.

Product substitutions resulting from discontinued products may be amended to the Contract as agreed to by the parties and executed by DOP.

5.3. Authorized Distributor

5.3.1. Submitting vendors must be an authorized distributor or manufacturer of the products 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;

5.3.2. Bidder must submit a letter from the equipment manufacturer on the equipment manufacturer’s official letterhead, declaring the Bidder (doing business as stated in Submittal Form A) is a current, authorized distributor or manufacturer of the products offered, and;

5.3.3. Bids from Contractors who are not an authorized distributor by the manufacturer shall not be considered.

EXHIBIT 4

Pre-Bid Conference Registration Form

There will be no pre-bid conference for this ITB.

EXHIBIT 5

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 6.

· 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 #1182 Highway Delineation

EXHIBIT 6

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 #1182 Highway Delineation

EXHIBIT 7

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 is provided below.

EXHIBIT 8

Acronym Definitions List

Definitions. The following definitions shall apply to the terms used in the ITB:

EXHIBIT 9

Illustrations and Drawings

Tools

Carsonite Anchor Barbs

(Illustrations are for informational purposes only)

Nucor Steel Marion Inc. Rib-Back Rigid Steel Posts

SUBMITTAL FORM A

Background, Declarations, & Certifications

All information requested in this Submittal Form is Mandatory.

Failure to complete or…