STATE OF IDAHO

IDAHO TRANSPORTATION DEPARTMENT

Invitation to Bid (ITB) # 1235

POLYETHELYNE BULK LIQUID STORAGE TANKS

ITB Administrative Information

ITB Lead:

Kevin Chambers, Contract Officer Idaho Transportation Department 3311 W State Street, Boise ID, 83702 Kevin.chambers@ITD.idaho.gov 208-334-8768

Public Bid Opening:

Teams Link:

Phone:

Phone Conference ID:

A public bid opening will be held at 10:30 am MT on the next business day following the closing date to announce the Offerors who have submitted proposals. Offeror’s proposals will not be opened. The bid opening will be conducted virtually, with the access link provided below.

Teams Link +1 208-473-7075, United States, Boise Phone conference ID: 457 913 249#

IPRO Powered by LUMA (hereafter referred to as “IPRO”)

THE ADMINISTRATIVE FEE DETAILED IN SECTION 5.2 OF THE STATE’S STANDARD CONTRACT TERMS AND CONDITIONS WILL NOT APPLY TO THE CONTRACT(S) THAT RESULT FROM THIS SOLICITATION.

PURPOSE

The State of Idaho Transportation Department (“ITD”) is requesting Bids from qualified Vendors for the purchase and delivery of Polyethylene Bulk Liquid Storage Tanks (Tanks) in accordance with the specifications provided below.

GENERAL INFORMATION, SOLICITATION INSTRUCTIONS AND STANDARD TERMS AND CONDITIONS

This Solicitation is issued by Idaho Transportation Department (“ITD”) via IPRO Powered by Luma (IPRO). The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB shall be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at IPRO. It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB shall not be relied upon. All changes to this ITB must be in writing and posted at IPRO to be valid. Alternate Bids are not allowed.

INQUIRIES

Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION. Written questions must be submitted using Attachment 1, Bidder Questions. Official answers to all written questions will be posted on IPRO as an amendment to this ITB.

ITB Lead: Kevin Chambers, Contract Officer Phone: 208-334-8768 E-mail: Kevin.Chambers@ITD.idaho.gov

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

BACKGROUND

The Idaho Transportation Department (ITD) maintains and operates approximately 12,300 lane miles of state highways, including roads, on- and off-ramps, and other connected infrastructure. During the winter months highways accumulate snow and ice on the highway roads creating hazardous driving conditions for the public. To reduce the hazard of ice and snow buildup, ITD uses plow and brine trucks to clear and prevent these deposits. These trucks use between twenty to thirty gallons of brine solution per lane mile, and in order to store enough of the solution, sheds across the state must create and store it to maintain continuity of operations and safe road conditions.

SPECIFICATIONS

See Attachment 2 - Specifications.

QUANTITY

See Attachment 3 - Bid Schedule

COST

Provide your fully burdened Total Cost on the Bid Schedule (Attachment 3).

BILLING PROCEDURE – Invoice and Payment Invoices must be submitted as further detailed below. Invoices submitted prior to Acceptance, or without the required information listed below will be returned to the Contractor for correction and resubmission. Resubmitted invoices must be sent with a new invoice date, which will restart the timeline required for payment.

Invoices must be submitted as follows:

One (1) invoice per unit after acceptance by ITD.

Invoices must include the following information:

Contractor Company & Contact Information;

Contract Name & Number;

Order Number;

Invoice Number & Date and;

Itemization of the Property provided and accepted to include, description matching the contract, quantity, unit of measure, unit price, extended price, and total invoice amount.

Invoices must be emailed to:

D1AP@itd.idaho.gov D3AP@itd.idaho.gov D6AP@itd.idaho.gov

ITD’s Contract Management Team (CMT). ITD’s CMT will review each invoice and dispute with the Contractor, if needed, prior to forwarding to ITD’s accounts payable to process the payment.

Payment Payment will be made in accordance with Idaho Code 67-2302 https://legislature.idaho.gov/statutes after receipt of the Contractor's itemized invoice and is accepted by ITD. Total payments under this Contract shall not exceed the Total Price provided on Attachment 3 – Bid Schedule unless otherwise modified in an amendment to this Price Agreement.

SUBMISSION REQUIREMENTS

Required Bid Submission Items Your Bid Submission must consist of the following:

Bid Schedule Provide your cost information on Attachment 3, Bid Schedule, attached. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule may cause your Bid to be rejected as non-responsive.

Attachment 4 – Product Information Sheet Product.

State of Idaho Signature Page The State of Idaho Signature Page must be completed and submitted as part of your Bid. The State of Idaho Signature Page is attached in IPRO.

Supporting documentation if offering equal as indicated in Attachment 2 – Specifications.

Bid Submission Methods Bids must be submitted electronically via IPRO. Do not fax or e-mail your Bid. Your Bid must be received at the Idaho Transportation Department by the date and time specified on the IPRO header document. The official time, for bid closing purposes, is the Idaho Transportation’s time clock.

Electronic Submission via IPRO Submitting electronically via IPRO, upload all of the Required Bid Submission Items (See Section 9.1) and enter your cost in IPRO for each line item; as the “Total Cost” on the Bid Schedule OR $0.01 as your cost in IPRO.

Upload all Required Bid Submission Items using Microsoft products such as Word and Excel. Do not submit items in .pdf format, unless provided otherwise in this ITB.

Submitting via IPRO, be advised that the Bidder for Bid evaluation and award purposes is the entity profile under which you submit in IPRO, which must be the same legal entity presented in your uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Bid in IPRO, the information provided on the Signature Page prevails.

It is mandatory to submit your Bid electronically via IPRO, all Bidders participating in a Solicitation issued through IPRO must establish an account in the IPRO system as it is necessary in order to process and/or award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Bidders are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows the State to efficiently navigate the Bidder’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

Trade Secrets If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in the three (3) paragraphs directly below) of all trade secret information which was removed or blacked out in the redacted copy.

Paragraph 28 of the Solicitation Instructions to Vendors describes 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.” In addition to marking each page of the document with a trade secret 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” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” 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.”

Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret 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.

AWARD

Award may be made by the line items, groups of the line items, or total line items, to the responsive, responsible Bidder providing the lowest total price, as provided on the Attachment 3 – Bid Schedule.

The State also reserves the right to make multiple awards per manufacturer, per area, in accordance with Section 67-9211 of Idaho Code.

ACCEPTANCE

Upon receipt, the Tanks shall be inspected by the ITD Maintenance Services Manager or designee to ensure the minimum specifications are met. Acceptance shall occur fourteen (14) calendar days after delivery, unless ITD has notified the Contractor in writing that the product delivered does not meet the minimum specifications. If ITD determines that the Tanks are not in accordance with the specifications, ITD shall provide the Contractor with a written notification. The Contractor must pick-up, correct any discrepancies, and re-deliver to the ITD specified location at the Contractor’s expense. The timeframe for completion of corrective action must not exceed thirty (30) calendar days from receipt of written notification from ITD.

WARRANTY

Manufacturer Standard Warranty for two years;

If the Tanks continuously malfunction and causes it to be out of service on multiple occasions, the Agency reserves the right to require the Contractor to pick up, repair, and return the Tanks at no additional cost to the Agency. In the event of a major repair(s) the timeframe must be mutually agreed upon by the Contractor and ITD.

If any warranty work is to be performed, the Contractor may elect to have a dealer of its choice perform the work in accordance with the manufacturer’s standards.

Bidders must submit warranty documentation and an acceptance letter agreeing to warranty provisions of the Tanks (See IPRO powered by Luma).

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ORDERS

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

Each Order will indicate the quantity and Delivery Location for the Tank(s).

CHANGES/AMENDMENTS

Either party may, at any time by a written request, request changes to the Contract. The party requesting the change must complete the Change Request Form (see Exhibit A, below), providing all details for the change. The party receiving the Change Request Form must confirm receipt and provide feedback regarding any desired changes to the request.

If the Change Request consists solely of plan, timeline, schedule, or key personnel changes; or which otherwise acts to clarify the roles and responsibilities or modify the activities within the scope of the Contract, without an impact on cost, the ITD CMT is authorized to negotiate and execute the Change Request Form with the Contractor.

If the Change Request directly or indirectly increases the monetary obligations of the State, expands the scope of the Contract, changes contract requirements or terms and conditions or extends the Contract term, a formal Amendment will be issued by the State. The ITD CMT will submit the drafted Change Request Form to the State’s CAT for review. Any Amendment must be in writing and mutually agreed upon by both parties. No amendment will be effective until executed by the Department of Administration. An Amendment not executed in compliance with the section may be void pursuant to Idaho Code, Section 67-9213, and may cause the entire Contract to be void.

DELIVERY

The Contractor must deliver and unload the Tanks within one hundred twenty (120) calendar days after receipt of each Order.

Deliveries must be made Monday through Thursday, 8:00 am to 3:00 pm local time (per Delivery Location), excluding state of Idaho recognized holidays (https://www.idaho.gov/government/holidays.html), unless otherwise approved by ITD.

Delivery Locations (the “Ship To” will be indicated on each Order):

ITD District 1 Osburn Yard, I-90 Exit 54 Osburn, ID 83849

ITD District 3 Yard, 8150 Chinden Blvd., Boise, ID 83714

ITD District 6 Yard, 206 N. Yellowstone, Rigby, ID 83442

ASSEMBLY

The Tanks must be assembled and adjusted when delivered to the ITD location specified. All equipment, including standard and supplemental equipment, must be installed as per the manufacturer’s specifications, and serviced and ready for continuous operation at the time of delivery, unless otherwise stated in this ITB.

AUTHORIZED DISTRIBUTOR

Submitting vendors must be an authorized distributor or manufacturer of the Tanks offered. An authorized distributor shall be defined as a company or organization that has a written agreement with the manufacturer to sell or service its products. Bids from Contractors who are not an authorized distributor by the manufacturer shall not be considered.

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.

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.

TERMINATION AND CURE

See Idaho Contract Terms and Conditions located on the Terms tab in ITB 1235 IPRO powered by LUMA.

RESPONSIBILITIES PURSUANT TO IDAPA 38.05.01.081

The ITB Lead may, in the State’s sole discretion, require the apparent lowest responsive Bidder’s to provide documentation to demonstrate its responsibility. The ITB Lead may request documentation including, but not limited to credit or financial reports, and references. Failure to provide requested documentation may result in the Bidder’s being deemed non-responsible. Nothing herein shall prevent the State from using other means to determine Bidder’s responsibility.

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.

AUDIT RIGHTS

The Contractor must 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.

INSURANCE REQUIREMENTS

See Insurance Requirements on the Attachment Tab.

DISPUTE RESOLUTION

See Attachment 5 – Idaho Standard Terms and Conditions.

NON-COMPLIANCE AND REMEDIES

ITD’s service location contact will be responsible for documenting non-compliance, in writing, via email. This notice will include the details of each discrepancy that requires corrective action. Invoicing must not occur until non-compliance has been corrected.

Correcting Non-Compliance - After receipt of written notice from ITD, the Contractor must respond, in writing, explaining how and when each discrepancy will be corrected. All discrepancies must be corrected and brought back into compliance with the Contract within fourteen (14) calendar days after receipt of the notice from ITD. If the Contractor does not correct the discrepancies within this timeframe, ITD reserves the right to take further remedial action.

In addition to any remedies available to the State under law or equity, the State may it its sole discretion require one (1) or more of the following remedial actions if any of the service does not conform to the Contract requirements: 1) require the Contractor to take corrective action to ensure that performance conforms to the Contract requirements, 2) require the Contractor to subcontract all or part of the Contract at no additional cost to the State, 3) withhold payment or require payment of actual damages caused by the non-compliance, 4) terminate the Contract, in addition to any remedies imposed by the State.

If ITD must perform or hire a separate contractor to perform any of the Contract’s requirements, which is the responsibility of the Contractor under the terms of the Contract, ITD may withhold the actual cost to ITD from the Contractor’s payment(s).

ITB # 1235 POLYETHELYNE BULK LIQUID STORAGE TANKS

ATTACHMENT 1 – BIDDER QUESTIONS

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

2. 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 regards to a State Term or Condition or a Special Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

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

4. Once completed, this form is to be e-mailed per the instructions in the ITB. The e-mail subject line is to state the ITB number followed by “Questions.”

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ITB 1235 POLYETHELYNE BULK LIQUID STORAGE TANKS

ITB # 1235 Polyethylene Bulk Liquid Storage Tanks

ITB 1235 POLYETHELYNE BULK LIQUID STORAGE TANKS

ATTACHMENT 2 – SPECIFICATIONS

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

2. The Tanks must be the latest model of the manufacturer's current standard production, as offered to commercial trade. Though they are not specifically covered herein, all parts necessary to provide complete and functional Tanks, complete with accessories, must be furnished. All parts must conform in design, strength, quality of materials, and workmanship to current engineering practices and accepted standards of the industry. All parts must be the manufacturer’s standard unless otherwise specified in this ITB.

3. 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 Attachment 1 – Bidder Questions.

4. 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. This explanation must be declared during the question period of this event as stated in Attachment 4 – Product Information of this ITB. State acceptance will be in the form of an amendment.

Norwesco #47638 ten-thousand five-hundred (10,500) vertical translucent white polyethylene gallon tank or equal and at a minimum must consist of the following:

1.1. High-density vertical translucent white poly tanks;

1.2. Overall Height – one hundred thirty (130) in +/- ten (10)%;

1.3. Overall Diameter – two hundred two (202) in +/- ten (10)%;

1.4. Four (4) lifting lugs;

1.5. Must be embossed with a date stamp in the month/year format;

1.6. Must have embossed gallon measurement markers;

1.7. Self-supporting vertical tanks requiring no framework;

1.8. Ultraviolet A (UVA) and Ultraviolet B (UVB) resistant;

1.9. Made of polymer material to withstand storage of salt brine solution with a minimum specific gravity of one and six tenths (1.6). Specific gravity is the ratio of the chemical weight per gallon divided by the weight of water per gallon eight and thirty-three hundredths (8.33) pound per gallon). As an example, if a chemical weighs ten (10) pound per gallon, the specific gravity of the chemical is ten (10.0)/ eight and thirty-three hundredths (8.33) = one and two tenths (1.2). (Metric: kilogram/cubic meter or gram/liter);

1.10. Specific gravity label must be applied to the tank;

1.11. Minimum sixteen (16) in off-set top fill vented access port lid injection molded;

1.12. Vent fitting at top of tank;

1.13. Include suitable flat areas for valve, plumbing, and fitting installation;

1.14. Include tie down points for secure mounting to a fixed pad;

1.15. Include two (2) each installed three (3) in flange fittings at the lowest level of the tank; (located one hundred eighty (180) degrees opposing for complete draining of the tank and;

1.16. Submitting vendor must include a drawing of the tank offered.

Illustration is for informational purposes only.

Attachment 3 – Bid Schedule – attached separately

Attachment 4 – Product Information

Bidder Name:

Provide your product information in the fields below:

Make and Model:

Tank Size:

Tank Height:

Tank Diameter:

Do you meet the specifications provided in Attachment 2 - Specifications?

YES *NO

*If your product offered does not meet or if it exceeds 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.

If awarded the contract, what is your estimated delivery timeline to the locations listed in Section 15 - Delivery, after Receipt of Order (ARO) form ITD? _______ Calendar days ARO

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE

EXHIBIT A – CHANGE REQUEST FORM

Description of Change:

Reason for Change:

Cost and Schedule Impact:

* If the Change Request directly or indirectly increases the monetary obligations of the State, expands the scope of the Contract, or extends the Contract term, a formal Amendment will be issued by the State. The ITD CMT will submit the drafted Change Request Form to the State’s CAT for review. Only the State’s CAT is authorized to execute an Amendment on behalf of the State. An Amendment not executed in compliance with the section may be void pursuant to Idaho Code, Section 67-9213.

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