ITB Event #123 - Administration Documents.docx
DOCX document 170 KB Posted
- Attached to
- Mini Excavators
- Solicitation number
- 123
- Issued by
- Ada County, Kootenai County, Nez Perce County, Idaho
About this file
This document is an Invitation to Bid (ITB) issued by the State of Idaho Division of Purchasing for the Idaho Department of Transportation (ITD). The ITB is seeking bids from qualified vendors for the purchase of nine (9) mini excavators, with options for direct purchase or direct purchase with a buyback contract. The ITB provides detailed specifications for three groups of mini excavators based on operating weight, as well as requirements for the excavators' engines, hydraulic systems, implements, and other features. The ITB includes a bid schedule, product information form, and buyback contract. Bids are due by the date and time specified in the ITB Administrative Information section, and awards may be made to multiple vendors.
The ITB outlines the pricing terms for direct purchase and direct purchase with buyback, including the calculation of monthly ownership cost. It also details the contractor's responsibilities for maintenance, warranty, and buyback under the buyback contract option. The ITD will provide liability and property coverage for the excavators while in its custody and operated by ITD personnel. Bidders must demonstrate that their offered products meet or exceed the minimum mandatory specifications to be considered for award.
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment 1 Changed Specifications.docx | DOCX document | |
| Signature+Page.pdf | ||
| Event 104 Administration Document.docx | DOCX document | |
| solicitation_instructions Jan 2017.pdf | ||
| Amendment Acknowledgement.docx | DOCX document | |
| RFP Event 266 Administrative Document .docx | DOCX document | |
| Exhibit A - Bid Schedule.xlsx | XLSX spreadsheet | |
| RFQ Event #100 Administration Document.docx | DOCX document | |
| Insurance Requirements 2023.docx | DOCX document | |
| ITB_Attachment 2-Bid Schedule.docx | DOCX document | |
| amendment acknowledge.docx | DOCX document | |
| Insurance Requirements 2023.pdf | ||
| ITB123 - Mini Excavators - Bid Schedule.xlsx | XLSX spreadsheet | |
| Standard-Terms-and-Conditions_May-2021.pdf | ||
| Attachment 4 Lease agreement.docx | DOCX document | |
| Signature Page ITB RFP August 2020.pdf | ||
| Standard Terms and Conditions_May 2021.pdf | ||
| Event 182 Administration Document.docx | DOCX document |
Show all 18
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Text version
STATE OF IDAHO
DIVISION OF PURCHASING
FOR
IDAHO DEPARTMENT OF TRANSPORTATION
Invitation to Bid (ITB) ITB #123
Mini Excavators
Date of Issuance: Date12/06/2023
TABLE OF CONTENTS
| ITB Administrative Information | 1 | |
| 1 | PURPOSE | 2 |
| 2 | GENERAL INFORMATION, solicitation instructions and standard terms and conditions | 2 |
| 3 | QUESTIONS | 2 |
| 4 | INQUIRIES | 2 |
| 5 | SUBMISSION REQUIREMENTS | 3 |
| 6 | SPECIFICATIONS | 4 |
| 7 | QUANTITY | 4 |
| 8 | GENERAL | 5 |
| 9 | AWARD | 5 |
| 10 | BUY-BACK CONTRACT | 6 |
| 11 | Acceptance | 7 |
| 12 | Warranty, Service and Support, Maintenance, etc. | 7 |
| 13 | pREVENTATIVE MAINTENANCE (BUY-BACK ONLY) | 7 |
| 14 | fluid filters (buy-back only) | 7 |
| 15 | INSPECTIONS AND RETURNS (BUY-BACK ONLY) | 7 |
| 16 | MANUALS | 7 |
| 17 | Delivery | 8 |
| 18 | INVOICING & PAYMENT | 8 |
| 19 | CHANGES/AMENDMENTS | 8 |
| 20 | TERMINATION | 9 |
| 21 | CONTRACT CLOSEOUT | 9 |
| 22 | RESPONSIBILITIESPursuant to IDAPA 38.05.01.081 | 9 |
| 23 | RECORDS MAINTENANCE | 10 |
| 24 | AUDIT RIGHTS | 10 |
| 25 | SUBCONTRACTING | 10 |
| 26 | INSURANCE REQUIREMENTS | 10 |
| 27 | DISPUTE RESOLUTION | 10 |
| 28 | NON-COMPLIANCE AND REMEDIES | 10 |
| 29 | additional Liability and Property Coverage | 11 |
| 30 | Audit Rights | 11 |
| ATTACHMENT 1 – BIDDER QUESTIONS | 12 | |
| ATTACHMENT 2 – specifications | 14 | |
| Attachment 3 – BID SCHEDULE Attached SEPARATELY | 22 | |
| ATTACHMENT 4 – product information | 23 | |
| ATTACHMENT 5 – buy-back contract | 26 | |
| ATTACHMENT 6 – Contract Discrepancy Notice | 32 |
ITB Administrative Information
| ITB Title: |
| Mini Excavators |
| ITB Project Description: |
| The Idaho Transportation Department is seeking bids for nine (9) mini excavators for a direct purchase or direct purchase with a buyback option. |
ITB Lead:
Mark Ward Division of Purchasing 650 W. State St, RM 100, Boise ID, 83720 Mark.Ward@adm.idaho.gov 208-332-1609
| Submit electronically via IPRO: |
| Electronic Submission |
IPRO POWERED by LUMA
| Deadline To Receive Questions: |
| Electronic Submission |
IPRO POWERED by LUMA
| ITB Closing Date: |
| Electronic Submission |
IPRO POWERED by LUMA
| ITB Opening Date: |
| Electronic Submission |
IPRO POWERED by LUMA
The Administrative Fee detailed in Paragraph 5 of the State’s Standard Contract Terms and Conditions will not apply to the Contract(s) that result from this Solicitation.
PURPOSE
The Idaho Transportation Department (“ITD”), through the Idaho Division of Purchasing (“DOP”), is requesting Bids from qualified Vendors for the purchase of nine (9) mini excavators in accordance with the specifications provided below.
GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via IPRO: (IPRO POWERED by LUMA). 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.
Restrictions on Communications From the issue date of this ITB, until a contract is awarded or the ITB is cancelled, vendors and their representatives are prohibited from communications (written or verbal) regarding this ITB with ITD staff, evaluation committee members, or other state employees other than the ITB Lead, except during formal solicitation events (including the pre-bid conference, demonstrations, and negotiations; if any) or challenges defined in Idaho Code 67-9232.
INQUIRIES
Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 12/20/2023 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 POWERED by LUMA as an amendment to this ITB.
ITB Lead: Mark Ward Phone: 208-332-1609 E-mail: Mark.Ward@adm.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.
SUBMISSION REQUIREMENTS
5.1 Required Bid Submission Items
5.1.1 Bid Schedule
5.1.2 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 POWERED by Luma.
5.2 Bid Submission Methods
Bids must be submitted electronically via IPRO POWERED by LUMA. Do not hand deliver, mail, fax or e-mail your Bid. Your Bid must be received at the Division of Purchasing by the date and time specified on the IPRO POWERED by LUMA header document. The official time, for bid closing purposes, is the Division of Purchasing’s time clock.
5.2.1 Electronic Submission via IPRO POWERED by LUMA POWERED When submitting electronically via.
IPRO POWERED by LUMA, upload all the Required Bid Submission Items (See Section 8.1) and enter your cost in IPRO POWERED by LUMA for each line item; as the “Total Cost” on the Bid Schedule Attachment 3.
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.
Be advised that that the Bidder for Bid evaluation and award purposes is the entity profile under presented in your uploaded response materials. If the entity identified in the State of Idaho Signature Page differs from the profile under which the Bid is submitted in IPRO POWERED by LUMA, the ITB Lead may work with the Bidder to take such actions as are necessary to correct the irregularity.
All Bidders participating in a Solicitation issued through IPRO POWERED by LUMA must establish an account in the IPRO POWERED by LUMA 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 POWERED by LUMA.
Trade Secrets and Non-Public Information. The Idaho Public Records Act, Idaho Code title 74, chapter 1 (the “Act”) requires disclosure of public records, which generally includes vendor responses to Solicitations. The Act provides certain exemptions from disclosure, including for “trade secrets.” 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), Offerors 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.”
Submit a redacted copy of the Proposal with all trade secret and exempt information removed or blacked out. The redacted copy must be submitted electronically, with the word “redacted” in the file name.
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 Proposal; 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.
SPECIFICATIONS
(See Attachment 2 - Specifications)
QUANTITY
The quantities for each item and district are listed below.
| Group 1 (14,200 lbs operating weight) |
| Group 2 (21,000 lbs operating weight) |
| Group 3 (34,000 lbs operating weight) |
| ITD District 1 Yard |
| 1 each |
| 2 each |
| ITD District 2 Yard |
| 4 each |
1 each
| ITD District 3 Yard |
| 1 each |
| ITD District 4 Yard |
| 1 each |
| ITD District 5 Yard |
| 2 each |
GENERAL
The brand names specified in this solicitation are intended to be descriptive, but not restrictive; indicative of the quality and characteristics of items that meet the minimum requirements. Bidders offering an “equal” must include documentation which demonstrates, to the ITD’s satisfaction, that the offered item(s) meets the requirement of the solicitation. In the event documentation is not satisfactory, ITD reserves the right to seek clarification from the Bidder. Failure to provide satisfactory documentation or a clarifying response may eliminate the Bidder from further consideration.
1.1 The State reserves the right to evaluate or make an award in the best interest of the State.
AWARD
More than one (1) award may be issued for this ITB. Award will be based on fully burdened Extended Prices Bid, and may be by line item, groups of line items, or total of all line items, either by Direct Purchase or Direct Purchase with Buy-Back, as the State determines to be in its best interest.
The calculation will be based on the monthly ownership cost as outlined below, to determine which Bid is in the best interest of the state.
Direct Purchase:
The monthly ownership cost will be determined by straight-line depreciation, with the monthly depreciation being the monthly ownership cost. ITD utilizes a twenty percent (20%) salvage value with a useful life of twelve (12) years.
Example:
| Unit Price | $150,000 | |||
| Annual Depreciation | (Unit Price x 0.80) / Useful Life | |||
| ($150,000 x 0.80) / 12 = $10,000.00 | ||||
| Monthly Depreciation | Annual Depreciation / Useful Life | |||
| (Monthly Ownership Cost) | $10,000.00/ 12 = $833.33 |
Direct Purchase with Buy-Back:
The monthly ownership cost will be determined as follows: Subtract the Buy-Back Price from the Unit Price and divide that amount by the respective number of months of ownership; then, add the loss of interest on the Unit Price to that monthly amount. The loss of interest on the Unit Price will be calculated by the difference in the Unit Price and the lowest Unit Price offered among all Bidders. This will be calculated at a five percent (5%) simple interest annually.
Example:
| Bidder A |
| Bidder B |
| Unit Price |
| $150,000 |
| $155,000 |
| Buy-Back Price |
| $142,000 |
| $150,000 |
| Buy-Back Date |
| April 1, 2021 |
(19 months of ownership) November 1, 2021 (19 months of ownership)
$150,000 - $142,000 19 months $421.05 per month $155,000 - $150,000 19 months $263.16 per month
Loss of Interest
($150,000 - $150,000) x .05 12 months $0 per month ($155,000 - $150,000) x .05 12 months $20.83 per month
| Monthly Ownership Cost |
| $421.05 + $0 |
$421.05 per month $263.16 + $20.83 $283.99 per month
Evaluating Award Options:
Based on the methods and examples above, the Direct Purchase with Buy-Back from Bidder B offers the State the lowest monthly ownership cost. This would be the bid determined to be in the best interest of the State.
Bidders may offer the direct purchase, the purchase with Buy-Back option, or both. Bidders do not have to bid on all line items to be considered for an award; however, for each line item you must Bid on all quantities requested for the Direct Purchase or Direct Purchase with Buy-Back.
BUY-BACK CONTRACT
If the Buy-Back option is awarded, the Contractor must complete and submit Attachment 5 - Buy-Back Contract (including the Surety Payment Bond) to DOP prior to the delivery of the Excavators to ITD. The Bonding Surety must be registered and licensed with the Idaho Department of Insurance. The Surety Payment Bond will not be accepted if Surety is not registered and licensed in Idaho, and the Contract will not be executed by the State. If the Contractor fails to present an acceptable bond, this failure may be deemed just cause for the cancellation of the award of the Contract.
Acceptance In the event the specifications are not met, the Contractor must pick-up, correct any discrepancies, and re-deliver within thirty (30) calendar days after notification from ITD, at no additional cost to ITD.
Warranty, Service and Support, Maintenance, etc.
If the Direct Purchase is awarded: Warranty must be for a minimum period of five (5) years or five thousand (5,000) hours, whichever comes first, for the entire Excavator, after ITD’s Acceptance.
If the Buy-Back is awarded: Warranty must be for the entire period of the Buy-Back Contract.
Warranty must include all parts, labor, and freight to replace a defective warranted item. Warranty excludes routine lubrication, fuel, oil, tires, antifreeze, lights, paint, fuses, glass, and other manufacturer’s auxiliary attachments.
pREVENTATIVE MAINTENANCE (BUY-BACK ONLY) If the Buy-Back is awarded: ITD will be responsible in performing preventative maintenance on the Excavators, following the manufacturer’s suggested maintenance intervals for oil changes, fluid changes, and necessary adjustments during the duration of the Buy-Back Contract. ITD will be responsible in performing all non-expected repairs, not covered under warranty, during the duration of the Buy-Back Contract.
fluid filters (buy-back only) If the Buy-Back is awarded: All fluid filters must be supplied to the Delivery Locations for each Excavator for duration of Buy-Back Contract. All filters must be provided per manufacturer’s scheduled service intervals detailed in operator’s manual. The Excavators will not have More than four hundred fifty (450) hours per year on each Excavator, in a twelve (12) month period.
INSPECTIONS AND RETURNS (BUY-BACK ONLY)
If the Buy-Back is awarded: The Contractor must perform an inspection on each Excavator, two (2) weeks prior to the Buy-Back Date at each Delivery Location. The Contractor is responsible for the following:
1. Travel time, mileage and any other expenses related to performing the inspection.
2. Suggesting any manufacturer adjustments needed to ensure the Excavators are returned as close to original delivery condition as possible.
3. Report any defects or repairs that need to be corrected to the ITD Maintenance Services Manager or designee.
Once the Inspection has been completed and the Buy-Back contract has ended, the Contractor must pick up the Excavators from each Delivery Location. ITD will ensure the Excavators are maintained in as good condition as when received, with any defects or repairs corrected, prior to the Buy-Back Date (ordinary wear, tear, and defects are to be expected).
MANUALS
The Contractor must provide one (1) operator’s manual and one (1) service manual with each Excavator at the time of delivery. The manuals must be electronic PDF copies provided via USB, email, or free website download (hyperlink must be provided).
Delivery Delivery is desired between April 1, 2024 and May 1, 2024 FOB Destination, freight prepaid and allowed. ITD reserves the right to accept delivery dates outside of the desired delivery date if in the best interest of the State of Idaho. The Contractor must deliver the Excavators to the locations listed below by the desired delivery date or the date provided on Attachment 3 – Bid Schedule if determined to be in the best interest of the State of Idaho.
The Contractor is responsible for providing the necessary labor and equipment to unload the Mini Excavators, including any re-assembly of Mini Excavators components that were unassembled for delivery or unloading.
Delivery must be made Monday through Friday, 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:
ITD District 1 Yard, 600 West Prairie, Coeur d’Alene, ID 83814 ITD District 2 Yard, 2600 Frontage Road, Lewiston, ID 83501 ITD District 3 Yard, 8150 Chinden Boulevard, Boise, ID 83714 ITD District 4 Yard, 63 West Highway 26, Shoshone, ID 83352 ITD District 5 Yard, 5151 South 5th, Pocatello, ID 83205
2 INVOICING & PAYMENT
2.1 Invoice – 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 with a new invoice date, which will restart the timeline required for payment.
2.2 Invoices must be submitted as follows:
2.2.1 One (1) invoice per unit after acceptance by ITD.
2.3 Invoices must include the following information:
2.3.1 Contractor Company & Contact Information
2.3.2 Contract Name & Number
2.3.3 Order Number
2.3.4 Invoice Number & Date
2.3.5 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.
2.4 Invoice must be emailed to:
2.4.1 ITD’s 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.
2.4.2 Payment - Payments for correctly submitted invoices will be made in accordance with IC 67-2302: (https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch23/sect67-2302/)
3 CHANGES/AMENDMENTS
3.1 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.
3.2 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.
3.3 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.
4 TERMINATION
For Cause - See Section 2, Termination, of the State of Idaho Standard Terms and Conditions.
For Fiscal Necessity – See Section 27, Termination for Fiscal Necessity, of the State of Idaho Standard Terms and Conditions.
For Convenience – Either party may terminate this Contract for its convenience at any time upon written notification provided with at least ninety (90) calendar days prior to the desired termination date. The Contractor’s sole obligation shall be to complete the delivery of any Orders placed prior to receiving (or providing) a written notice of termination. ITD’s sole responsibility shall be to pay for Orders placed prior to receiving (or providing) a written notice of termination that have been satisfactorily delivered and accepted.
5 CONTRACT CLOSEOUT
ITD’s CMT will initiate its contract closeout procedures when the following occur: 1) upon completion of the total Contract term, 2) either party requests to cancel the Contract within the required timeline, or 3) termination of the Contract for any reason. The closeout procedure will consist of ITD completing a closeout checklist to ensure all obligations have been fulfilled, all disputes are resolved, and all payments have been complete.
ITD’s CMT will provide an initial closeout letter to the Contractor with at least a thirty (30) calendar day advance notification. This notification will serve as a reminder that the contract is reaching its completion, giving an opportunity for the Contractor to return complete any outstanding Orders.
All Orders sent to the Contractor prior to the end of the Contract term (including Termination for Convenience), must be delivered, even if services are performed beyond the Contract term. Any Orders placed prior to the expiration will still be subject to the same terms and conditions applicable to the Contract at the time of expiration or termination.
Upon completion of the contract term, and after ITD confirms that all obligations have been met, all Orders have been delivered, disputes are resolved, and all payments are complete, ITD’s CMT will provide a final closeout letter confirming that the contract is complete and has been closed out. Copies of the letters will be provided to the Contractor and the State’s CAT for documentation and record keeping purposes.
RESPONSIBILITIESPursuant 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.
6 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.
7 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.
8 SUBCONTRACTING
Unless otherwise allowed by the State in the Contract, the Contractor shall not, without written approval from the State, enter into any subcontract relating to the performance of the Contract or any part thereof. Approval by the State of Contractor’s request to subcontract or acceptance of or payment for subcontracted work by the State shall not in any way relieve the Contractor of any responsibility under the Contract. The Contractor shall be and remain liable for all damages to the State caused by negligent performance or non-performance of work under the Contract by Contractor’s subcontractor. Subcontractor(s) must maintain the same types and levels of insurance as that required of the Contractor under the Contract; unless the Contractor provides proof to the State’s satisfaction that the subcontractor(s) are fully covered under the Contractor’s insurance, or, except as otherwise authorized by the State.
If you intend to utilize subcontractors, you must include with your bid a description of the extent to which they will be used to comply with Contract requirements. Include each position providing service and provide a detailed description of how the subcontractors are anticipated to be involved under the Contract. Include a description of how the Offeror will ensure that all subcontractors and their employees will meet all Scope of Work requirements. If you do not intend to utilize subcontractor(s), provide a statement to that effect.
9 INSURANCE REQUIREMENTS
See Insurance Requirements on the Attachment Tab.
10 DISPUTE RESOLUTION
During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to ITD’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties shall agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute.
11 NON-COMPLIANCE AND REMEDIES
28.1 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 require corrective action. Invoicing shall not occur until non-compliance has been corrected.
11.1 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.
11.1.1 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.
11.1.2 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).
additional Liability and Property Coverage ITD will provide liability and property coverage for the Excavators in ITD’s custody and while operated by ITD personnel. ITD will indemnify the Contractor for ITD’s negligent acts. ITD’s liability coverage will be primary over any other collectible insurance on the rented Excavators as long as the Excavators are in ITD’s custody and are being operated by ITD.
The Contractor agrees to defend and indemnify ITD from liability for claims resulting from defective Excavators and shall carry public liability and damage insurance on all Excavators in the amount not less than $1,000,000 per occurrence.
ITD shall furnish all fuel, oil, and routine operational expenses in connection with ITD’s operation of each Mini Excavator.
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 shall be during normal business hours or by appointment.
ATTACHMENT 1 – BIDDER QUESTIONS
ITB123 Mini Excavators
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.”
ITB123 MINI EXCAVATORS Page 33
ITB123 Mini Excavators
| ITB Section |
| ITB Page |
| Question |
| Response |
ATTACHMENT 2 – specifications ITB123 Mini Excavators
These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award. Restate each specification listed in this section, followed by your response demonstrating that your Bid meets or exceeds the required specifications; provide model, part #, or description, as appropriate.
The brand names specified in this solicitation are intended to be descriptive, but not restrictive; indicative of the quality and characteristics of items that meet the minimum requirements. Bidders offering an “equal” must include documentation, which demonstrates to ITD’s satisfaction, that the offered item(s) meets the requirement of the solicitation. In the event documentation is not satisfactory, ITD reserves the right to seek clarification from the Bidder. Failure to provide satisfactory documentation or a clarifying response may eliminate the Bidder from further consideration.
1. GENERAL SPECIFICATIONS
The following specifications must be applied to each item listed in Sections 2-4.
1.1. Boom
1.1.1. Holding valve to prevent elevated load from drifting or dropping unexpectedly and;
1.1.2. Secondary Hydraulic Auxiliary Port – Hydraulic lines with quick couplers at the outer boom extension for providing hydraulic oil flow to power optional accessories.
1.2. Cab
1.2.1. Occupational safety and health administration (OSHA) certified roll over protection system (ROPS)/occupant protection guards (OPG) cabin Fully enclosed, weatherproof and sound suppressed;
1.2.2. Digging Controls – Electrohydraulic or Pilot;
1.2.3. Pedals – Foot operated to control machine travel. Boom swing to be operated by a foot pedal or a joystick;
1.2.4. Track Controls – Two (2) hand and two (2) foot levers;
1.2.5. Auxiliary Controls – Thumb switches, joystick mounted;
1.2.6. Windows – Polycarbonate or safety glass type for all windows. One (1) side sliding ventilation window and one (1) gas assisted front opening window;
1.2.7. Seat – High back or mid back, suspension type, deluxe cloth covered with dual arm rests and four (4)-way adjustments with functions to include but not limited to up, down, forward, and backward;
1.2.8. Seat Belt – Three (3) in retractable type. Orange in color;
1.2.9. Air Conditioning – Designed for outside operation in one hundred and ten (110) degrees Fahrenheit ambient temperature;
1.2.10. Amplitude modulation/frequency modulation (AM/FM) stereo – with Bluetooth, MP3/AUX port and USB/Mini USB added if available;
1.2.11. Mirrors – Dual exterior mirrors;
1.2.12. Windshield Wipers – Front with washer;
1.2.13. Instrumentation – To display critical machine functions to include but not limited to, engine temperature, engine oil pressure, hydraulic oil temperature, hydraulic filter restriction, air filter restriction, hour meter, charge rate, and fuel level;
1.2.14. Floor Mat – Washable and;
1.2.15. Monitor system must include – Diagnostics and auto idle.
1.3. Diesel Engine
1.3.1. Engine must meet US environmental protection agency (EPA) tier four (4) final emission requirements. Engine must be liquid cooled and sized appropriately to allow the Excavator to be fully functional while under a full load;
1.3.2. Fuel System Protection – Spin-on type fuel filter and manufacturer provided fuel/water separator;
1.3.3. Cooling System - Designed to keep engine from overheating while operating at maximum output in one hundred twenty-five (125) degree Fahrenheit ambient temperature;
1.3.4. Antifreeze - Extended life, testing to a minus thirty-four (-34) degree Fahrenheit ambient temperature;
1.3.5. Oil Sample Fitting – Titan laboratories model no. OD1014 or equal;
1.3.6. Air Filter – Dual element with pre-cleaner;
1.3.7. Air Filtration Restriction Indicator – Mounted on or near the air filter housing;
1.3.8. Muffler – Spark arrestor type;
1.3.9. Block Heater – Electric, seven hundred (700) Watt with stationary receptacle;
1.3.10. Cold Start Assist – To start engine in negative thirty-four (-34) degrees Fahrenheit ambient temperature;
1.3.11. Warning System - Audible and visual for but not limited to low oil pressure and high coolant temperature;
1.3.12. Auto Idle System – Designed to automatically reduce engine RPM to idle when system senses the hydraulic control levers in the neutral position for more than four (4) seconds, move the control lever and the engine speed automatically returns to the pre-set RPM and;
1.3.13. Engine Shutdown – Key type.
1.4. Electrical
1.4.1. Twelve (12) Volt direct current (DC) system;
1.4.2. Battery(s) – Maintenance free, rated capacity six hundred and fifty (650) cold cranking amps at zero (0) degrees Fahrenheit ambient temperature and;
1.4.3. Alternators – Item 1 50 amps, Items 2 and 3 fifty (50) amps. Ninety (90) amps.
1.5. Accessories
1.5.1. Counterweight – If required, to enable correct and safe operation of the Excavators with specified implements installed;
1.5.2. Parking Brake – To lock the swivel functions in its current position and prevent unexpected machine movement;
1.5.3. Vandalism Protection – To prevent unauthorized cranking/starting of the diesel engine and to prevent unauthorized access to the machine’s operators cab, engine/hydraulic compartments, and all fluid compartments;
1.5.4. Work Lights – One (1) boom mounted work light and One (1) cab mounted front work lights for nighttime operation of the machine and;
1.5.5. Emergency Warning Light – Fifteen (15) inch light emitting diode (LED), roof-mounted, to be seen from all directions. Controlled by interior cab mounted switch.
2. GROUP 1 - SPECIFICATIONS
All parts not specifically listed or mentioned in the specifications must be to manufacturer specifications, making a complete, fully functional, and operational Excavator. The specifications listed below are the minimum mandatory your bid must meet or exceed to be considered for award.
2.1. General
2.1.1. Type – Utility, track, self-propelled, compact radius, long arm, and enclosed cab;
2.1.2. Operating Weight – fourteen thousand two hundred (14,200) pounds;
2.1.3. Undercarriage Length – ninety-eight (98) inches;
2.1.4. Overall Width – seventy-eight (78) inches;
2.1.5. Dig Height – two hundred forty-one (241) inches;
2.1.6. Dumping Height – one hundred seventy-four (174) inches;
2.1.7. Dig Depth – one hundred sixty-two (162) inches;
2.1.8. Ground Clearance – twelve (12) inches;
2.1.9. Bucket Breakout Force – nine thousand two hundred forty (9,240) pounds without the quick coupler and;
2.1.10. Long Arm Breakout Force – five thousand and nine hundred (5,900) pounds.
2.2. Fuel Tank
2.2.1. Fuel Tank – Thirty-one (31) Gallons, equipped with tank drain and tank cleanout port.
2.3. Drive System
2.3.1. Two (2)-speed, hydrostatic, with planetary reduction;
2.3.2. Travel Speed – Low 1.7 MPH, high 3 MPH, capable of automatically shifting between low and high speeds;
2.3.3. Drawbar pull – Low speed nine thousand two hundred and sixty-two (9262) pounds and;
2.3.4. Braking – Multiple disc brakes, automatically applied.
2.4. Track & Undercarriage
2.4.1. Steel Track with Rubber Pads;
2.4.2. Carrier and Track Rollers – Five (5) per side, permanently lubricated;
2.4.3. Track Width – Sixteen (16) inches;
2.4.4. Track Gauge – Sixty-two (62) inches;
2.4.5. Adjustment – Grease, piston and;
2.4.6. Guards – Provided the full length of bottom rollers.
2.5. Hydraulic System
2.5.1. Closed center or open center, load sensing; Closed center, load sensing;
2.5.2. Hydraulic Pump(s) single or combined pumps to be rated at thirty-eight (38) gallons per minute (GPM) hydraulic flow output;
2.5.3. Auxiliary Oil Flow Control – Hydraulic control system for adjusting the maximum oil flow output to the auxiliary hydraulic port. Oil flow to the auxiliary hydraulic port must be controlled from the operator’s seat;
2.5.4. Secondary Hydraulic Auxiliary Port – Hydraulic lines with quick couplers extend to the outer boom extension for providing hydraulic oil flow to power optional accessories and;
2.5.5. Swing System – Direct drive hydraulic motor equipped with automatic multi-disc brake.
2.6. Implements
2.6.1. Hydraulic Quick Coupler – Manufacturers provided; factory or dealer installed;
2.6.2. Excavation Bucket – Twenty-four (24) inches wide, quick attach, heavy-duty trenching bucket. Grading bucket forty-seven (47) inches, quick attach with edge;
2.6.3. Hydraulic powered progressive link thumb, thumb kit designed to operate with digging bucket specified and;
2.6.4. Blade – Seventy-eight (78) inches wide, hydraulic powered blade with control up/down. Movement and positioning of the blade will be from the operator’s seat. The blade will include a hydraulic float position for reverse machine back-filling, sixteen (16) inch lift and dig depth of fifteen (15) inches, Bolt-on or welded on cutting edge. Bolt-on cutting edge and two-piece hose design to aid in hose replacement.
3. GROUP 2 - SPECIFICATIONS
All parts not specifically listed or mentioned in the specifications must be to manufacturer specifications, making a complete, fully functional, and operational Excavator. The specifications listed below are the minimum mandatory your bid must meet or exceed to be considered for award.
3.1. General
3.1.1. Type – Utility, track, self-propelled, long arm, Enclosed Cab;
3.1.2. Operating Weight – Twenty-one thousand (21,000) pounds;
3.1.3. Undercarriage Length – One hundred fifteen (115) inches;
3.1.4. Overall Width – Ninety-three (93) inches;
3.1.5. Dig Height – Twenty hundred seventy-nine (279) inches;
3.1.6. Dumping Height – Two hundred (200) inches;
3.1.7. Dig Depth – One hundred seventy-eight (178) inches;
3.1.8. Ground Clearance – Fourteen (14) inches;
3.1.9. Bucket Breakout Force – Ten thousand four hundred and seventy-six (11,476) pounds – without the quick coupler and;
3.1.10. Long Arm Breakout Force – six thousand nine hundred and nine (6,909) pounds.
3.2. Fuel Tank
3.2.1. Fuel Tank – Thirty-one (31) gallons, equipped with tank drain and tank cleanout port.
3.3. Drive System
3.3.1. Two (2) - speed, hydrostatic, with planetary reduction;
3.3.2. Travel speed – Low 1.6 MPH, high 3.1 MPH, capable of automatically shifting between low and high speeds;
3.3.3. Drawbar pull – Low speed fourteen thousand six hundred (14,600) pounds and;
3.3.4. Braking – Multiple disc brakes, automatically applied.
3.4. Track & Undercarriage
3.4.1. Steel Track with Rubber Pads;
3.4.2. Carrier and Track Rollers – Five (5) per side, must be permanently lubricated;
3.4.3. Track Width – Sixteen (16) inches;
3.4.4. Adjustment – Grease, piston and;
3.4.5. Guards – Provided the full length of bottom rollers.
3.5. Hydraulic System
3.5.1. Closed center or open center load sensing;
3.5.2. Hydraulic Pump(s) – single or combined pumps to be rated at fifty-three (53) gallon per minute hydraulic flow output;
3.5.3. Auxiliary Oil Flow Control – Hydraulic control system for adjusting the maximum ail flow output to the auxiliary hydraulic port oil flow to the auxiliary hydraulic port will be controlled from the operator’s seat;
3.5.4. Secondary Hydraulic Auxiliary Port – Hydraulic line with quick couplers extend to the outer boom extension for providing hydraulic oil flow to power optional accessories and;
3.5.5. Swing System – Direct drive hydraulic motor equipped with automatic multi-disc brake.
3.6. Implements
3.6.1. Hydraulic Quick Coupler – Manufacturers provided; factory or dealer installed;
3.6.2. Excavation Bucket – Twenty-four (24) inches wide, quick attach, heavy-duty trenching bucket. Grading bucket forty-seven (47) inches quick attachment with edge;
3.6.3. Hydraulic powered progressive link thumb, thumb kit designed to operate with digging bucket specified and;
3.6.4. Blade – Eighty-seven (87) inches wide, hydraulic powered blade with control up/down. Movement and positioning of the blade will be from the operator’s seat. The blade will include a hydraulic float position for reverse machine backfilling; fourteen (14) inch lift and dig depth of thirteen (13) inches Bolt-on cutting edge and two-piece hose design to aid in hose replacement.
4. GROUP 3 - SPECIFICATIONS
All parts not specifically listed or mentioned in the Specifications must be to manufacturer specifications, making a complete, fully functional, and operational Backhoe. The specifications listed below are the minimum mandatory your bid must meet or exceed to be considered for award.
4.1. General
4.1.1. Type – Utility, track, self-propelled, compact radius, long arm;
4.1.2. Minimum operating Weight – Thirty-four thousand (34,000) pounds;
4.1.3. Track Length – Eleven feet and nine (11.9) inches;
4.1.4. Overall Width – eight and six tenths (8.6) feet;
4.1.5. Dig Height – Thirty-one (31) feet;
4.1.6. Dumping Height – Twenty-three (23) feet;
4.1.7. Dig Depth – Nineteen (19) feet;
4.1.8. Ground Clearance – Sixteen (16) inches;
4.1.9. Bucket Breakout Force – Twenty-two thousand (22,000) pounds - without the quick coupler and;
4.1.10. Long Arm Breakout Force – Thirteen thousand (13,000) pounds.
4.2. Fuel Tank
4.2.1. Fuel Tank – Forty-nine (49) gallons, equipped with tank drain and tank cleanout port.
4.3. Drive System
4.3.1. Two (2)-speed, hydrostatic, with planetary reduction;
4.3.2. Travel Speed – Low 2.1 MPH, high 3.4 MPH, capable of automatically shifting between low and high speeds;
4.3.3. Drawbar pull – Twenty-four thousand seven hundred and twenty nine (24,729) pounds and;
4.3.4. Braking – Multiple disc brakes, automatically applied.
4.4. Track & Undercarriage
4.4.1. Triple grouser track design;
4.4.2. Carrier and Track Rollers – Seven (7) per side, permanently lubricated;
4.4.3. Track Width – Twenty-four (24) inches;
4.4.4. Adjustment – Grease, piston and;
4.4.5. Guards – Provided the full length of tracks and sprockets.
4.5. Hydraulic System
4.5.1. Closed center, or open center load sensing;
4.5.2. Hydraulic Pumps - single or combined pumps to be rated at 65 gallon per minute (GPM) hydraulic flow output;
4.5.3. Auxiliary Oil Flow Control – Hydraulic control system for adjusting the maximum oil flow output to the auxiliary hydraulic port. Oil flow to the auxiliary hydraulic port must be controlled from the operator’s seat;
4.5.4. Secondary Hydraulic Auxiliary Port – Hydraulic lines with quick couplers extend to the outer boom extension for providing hydraulic oil flow to power optional accessories and;
4.5.5. Swing System – Direct drive hydraulic motor equipped with automatic multi-disc brake.
4.6. Implements
4.6.1. Hydraulic Quick Coupler – Manufacturers provided; factory or dealer installed;
4.6.2. Heavy-duty excavation buckets with teeth – Twenty (24) inches wide, and thirty-six (36) inches wide, eared to hook to quick coupler;
4.6.3. Hydraulically tilting Grading Bucket – Forty-eight (48) inches wide with smooth cutting edge;
4.6.4. Hydraulic Powered Thumb - Hydraulic powered progressive link thumb, thumb kit designed to operate with digging bucket specified and;
4.6.5. Blade – 8.6 ft wide, hydraulic powered blade with control up/down. Movement and positioning of the blade must be from the operator’s seat. With a replaceable Bolt-on cutting edge.
Attachment 3 – BID SCHEDULE Attached SEPARATELY
ATTACHMENT 4 – product information
ITB123 MINI EXCAVATORS
THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE
Bidder Name:
GROUP 1
Provide your product information in the fields below:
Make and Model:
Operating weight:
Diesel Engine # Cylinders
Diesel Engine Displacement (cu. in)
Diesel Engine Rated HP at RPM
Breakout Force (lb)
Dump Height (in)
Digging Depth (ft)
Blade width:
Long Arm Y/N
Track Gauge:
GROUP 2
Make and Model:
Operating weight:
Diesel Engine # Cylinders
Diesel Engine Displacement (cu in)
Diesel Engine Rated HP at RPM
Breakout Force (lb)
Dump Height (in)
Digging Depth (ft)
Blade width:
Long Arm Y/N
Track Gauge:
GROUP 3
Make and Model:
Operating weight:
Diesel Engine # Cylinders
Diesel Engine Displacement (cu. in)
Diesel Engine Rated HP at RPM
Breakout Force (lb)
Dump Height (in)
Digging Depth (ft)
Blade width:
Long Arm Y/N
Track Gauge:
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.
ATTACHMENT 5 – buy-back contract
The purpose of the following Buy-Back and Surety Payment Bond contract is to establish the obligations for the Idaho Transportation Department and the Contractor listed below.
The Contractor shall guarantee to purchase from the Idaho Transportation Department the Mini Excavators listed below for the sum of ________________________________________________ ($____________________) lawful money of the United States. Both the Buy-Back and Surety Payment Bond contracts are to be completed and returned to Division of Purchasing prior to delivery of Mini Excavators.
This payment is due on or before _______________________________. Failure to make this payment by the Contractor shall result in the Idaho Transportation Department collecting the monies due from the Surety Payment bond affixed to this contract.
In consideration for this payment, the Idaho Transportation Department will provide the following:
| 1. | The Mini Excavators will be used by the Idaho Transportation Department to maintain Idaho highways. |
| 2. | The Mini Excavators will be maintained in accordance with the criteria set forth in these specifications and the operator's manual. |
| 3. | The Mini Excavators will not have more than four hundred and fifty (450) hours per year and be in good condition at the time of the Buy-Back. |
| 4. | The Mini Excavators will be available to the Contractor at the location of delivery upon receipt of payment to the Idaho Transportation Department. |
In case of change of corporate structure or loss of identity by assimilation or merger with other companies, this agreement shall remain in effect and be binding on the successor Company (ies).
The Idaho Transportation Department reserves the right to sell, trade, retain, or otherwise dispose of the Mini Excavators purchased under this agreement, at its discretion at any time. The Idaho Transportation Department will notify the Contractor if any of these options are exercised, in writing, within ten (10) calendar days of choosing an option.
Mini Excavators to be purchased:
MAKE
MODEL
VEHICLE IDENTIFICATION NUMBER
DESCRIPTION
Signed:
Contractor
ITD Purchasing Agent or Designee
Signature
Date
Signature
Date
Print Name
Printed Name
Title
ITD Maintenance Services Manager or Designee
Corporate Name and Address
Signature
Date
Printed Name
SURETY PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That we ____________________________________, a corporation of ___________________________________________________________________________ as Principal, and _____________________________________________________________________________ as Surety, are held and firmly bound unto the state of Idaho in the penal sum of ___________________________ ____________________________________________________________ ($__________________) lawful money of the United States, which sum is agreed to be the maximum liability hereunder, well and truly to be paid, and for the payment of which we and each one of us bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents.
The condition of this instrument is such, that whereas the Principal has entered into a certain agreement, hereto attached, with the state of Idaho, dated _______________________________, 20____, for the purchase of the Excavators listed in the Division of Purchasing Bid ITB2024.
NOW, THEREFORE, if the Principal pays to the Idaho Transportation Department ten percent (10%) of the repurchase price listed in…
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