ITB Event #73 - Administative Document.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

IDAHO TRANSPORTATION DEPARTMENT (ITD)

Invitation to Bid ITB73

Above Ground Diesel Exhaust Fluid Dispensers

ITB Administrative Information ITB Title:

Above Ground Diesel Exhaust Fluid Dispensers

ITB Lead:

Mark Ward Division of Purchasing 650 State Street, Rm 100, Boise, ID 83702 Mark.Ward@adm.idaho.gov 208-332-1609

Submit electronically via IPRO:

Electronic Submission IPRO POWERED by LUMA

Deadline to Receive Questions:

See IPRO POWERED by LUMA Header Document

ITB Closing Date:

See IPRO POWERED by LUMA Header Document

Public Opening Date:

See IPRO POWERED by LUMA Header Document

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) is requesting bids from qualified Vendors to provide purchase and delivery of above ground diesel exhaust fluid dispensers (Dispensers).

GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via LUMA: IPRO POWERED by LUMA LOGIN 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 LUMA. It is the responsibility of the Bidder to monitor LUMA 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 LUMA 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: Mark Ward Phone: 208.332.1609 E-mail: Mark.Ward@adm.idaho.gov

Any questions regarding the State of Idaho’s Contract Terms and Conditions can be 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

Dispensers will be deployed statewide for the storage and dispensing of diesel exhaust fluid.

cost Provide your fully burdened Total Cost on the Bid Schedule (Attachment 3). This cost must be fully burdened FOB Destination freight pre-paid and allowed to include any shipping costs associated with this purchase.

BILLING PROCEDURE

The Contractor must provide a signed invoice within thirty (30) calendar days after delivery. No invoice will be accepted or paid without the required information listed below and will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

· IPRO contract number (and name of project/product, if appropriate) and Agency PO number

· Identification of billing period

· Total amount billed for the billing period

· Detailed description of services/products provided and associated # of hours/$ amounts, as appropriate

· Name of authorized individual and contact information for Contractor

· Invoices are to be submitted to: HQAP@itd.idaho.gov

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. 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.

Drawing of the general features and dispenser measurements.

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.

Bid Submission Methods Bids must be submitted electronically via IPRO (IPRO POWERED by LUMA LOGIN). Do not fax or email your Bid. Your Bid must be received at the Division of Purchasing by the date and time specified on the IPRO header document. The official time, for bid closing purposes, is the Division of Purchasing’s time clock.

Electronic Submission via IPRO Submitting electronically via IPRO, upload all of the Required Bid Submission Items (See Section 12.1) and enter your cost in IPRO for each line item as $0.00.

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 that the Bidder for Bid evaluation and award purposes is the entity profile under which 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 Powered by Luma.

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 will be made to the responsive responsible vendor with the lowest total Cost for all line items on Attachment 3 – Bid Schedule in Luma. Submitting vendors must provide a bid on all line items on Attachment 3 - Bid Schedule in Luma, failure to provide a bid on all line items will result in a non-responsive bid.

The State reserves the right to make an award in the best interest of the State.

QUANTITY

Quantities estimated in the Items section of IPRO are for bidding purposes only. Actual quantities may vary due to the nature of the requirements; no minimum or maximum orders are guaranteed or implied. The contract is going to be a one-time purchase for forty (40) Above Ground Diesel Exhaust Fluid Dispensers; the state does not anticipate going over the forty (40) Units.

Authorized Distributor Submitting vendors must be an authorized distributor or manufacturer of the Dispensers offered.

Technical assistance The Contractor must provide a technical assistance representative (via telephone) from an authorized distributor who has experience working on or troubleshooting the DEF tanks, Monday through Friday, during the Contractor’s normal hours of operation.

In the event the technical assistance representative (via telephone) is unable to troubleshoot product issues, i.e. application problems, the Contractor must provide onsite assistance from a representative(s) knowledgeable of the Dispensers provided, to troubleshoot or give instructions on product applications, within seven (7) business days of written notification from ITD at no additional cost to ITD.

SPECIFICATIONS

See Attachment 2 – SPECIFICATIONS deliveries Delivery is desired between one hundred and twenty (120) and one hundred and eighty (180) days ARO, 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 Dispensers 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.

Deliveries must be made between the hours of 8:00 AM and 4:00 PM local standard time, Monday through Friday. No deliveries will be accepted on State recognized holidays (http://www.legislature.idaho.gov/idstat/Title73/T73CH1SECT73-108.htm). ITD is responsible for offloading the Dispensers.

A packing slip must also accompany each shipment and include the following minimum information:

Contract number;

ITD’s purchase order number;

Delivery location;

Product description

Delivery Locations

Acceptance See State of Idaho’s Terms on Conditions on LUMA Attachment Tab.

substitution Product Substitution - In the event a specified manufacturer’s product listed on Attachment 3 – Bid Schedule becomes unavailable or cannot be supplied by the Contractor for any reason (except as provided for in section 33, Force Majeure, of the State of Idaho’s Contract Terms and Conditions), a product deemed in writing by the Contractor to be equal to or better than the specified product, and approved in writing by ITD, may be substituted by the Contractor at no additional cost or expense to ITD. Unless otherwise specified, any substitution of product prior to ITD written approval may be cause for termination of Contract.

Warranty Manufacturer warranty must cover all Products and meet Speciation’s as called out in Attachment 2 –Specifications.

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.

17 Insurance Requirements Within 5 days of notification of award (or such other time as designated by the Purchasing Activity), the apparent successful Bidder or Offeror shall provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the 5-business day period may be cause for your Bid or Proposal to be declared non-responsive or for your Contract to be cancelled.

Contractor shall carry liability and property damage insurance that will protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, the Contractor shall keep in force all required insurance until the Contract is terminated.

17.1 Commercial General and Umbrella Liability Insurance. Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Contract.

17.2 CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

17.3 Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

17.4 Bidder or Offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its Bid or Proposal if the Bidder or Offeror will not use any owned, hired or non-owned vehicles to conduct business under the Contract, if it is awarded the Contract, and the State of Idaho will consider the request. If the Bidder or Offeror submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of Bids or Proposals, the State of Idaho may not consider the request.

17.5 Workers Compensation (Statutory) and Employer’s Liability. Contractor shall maintain workers compensation coverage as follows:

Coverage A – Statutory Coverage B – $1,000,000 each accident for bodily injury by accident; $1,000,000 each employee for bodily injury by disease; $1,000,000 policy limit for bodily injury by disease. If there is an exposure of injury to Contractor’s employees under the U.S. Longshore and Harbor Workers Compensation Act, the Jones Act, or under laws regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. Coverage shall include a waiver of subrogation in favor of the State, its officers, employees, agents, and volunteers.

17.6 Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the Contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

17.7 State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract shall include the State of Idaho, the (agency) and its divisions, officers and employees as additional insured, but only with respect to the Contractor’s activities to be performed under the Contract.

17.8 The Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing endorsements to the liability insurance policies showing the State of Idaho, the (agency) and its divisions, officers and employees as additional insured. The endorsements must also show the policy numbers and the policy effective dates.

17.9 If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing copies of the policy pages that clearly identify the blanket endorsement.

17.10 Notice of Cancellation or Change: Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

17.11 Contractor shall further ensure that all policies of insurance are endorsed to read that any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage(s) provided to the State of Idaho, and its divisions, officers and employees.

17.12 Acceptable Insurers and Deductibles: Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor shall be financially responsible for all deductibles, self-insured retention’s and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the Contract and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability.

17.13 Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles, but such deductibles will not be deducted from any damages due to the State.

18 Records Maintenance 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.

19 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.

20 TERMINATION FOR CONVENIENCE

Either party may terminate this Contract for its convenience at any time upon providing its written notification at least ninety (90) calendar days prior to the desired termination date. The Contractor’s sole obligation shall be to complete any Orders placed prior to receiving (or providing) a written notice of termination, unless otherwise cancelled by ITD.

ATTACHMENT 1 – BIDDER QUESTIONS

ITB73 ABOVE GROUND DIESEL EXHAUST FLUID DISPENSERS

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.”

9 | Page ITB #73 Above Ground Diesel Exhaust Fluid Dispensers ITB73 Above Ground Diesel Exhaust Fluid Dispensers

ATTACHMENT 2 – SPECIFICATIONS

ABOVE GROUND DIESEL EXHAUST FLUID DISPENSERS

The Dispensers 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. Vendors 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 Vendor. Failure to provide satisfactory documentation or a clarifying response to ITD may eliminate the Vendor from further consideration.

Equipment must meet the minimum specifications provided below and be the latest model of the manufacturer's current production, as offered to commercial trade. All parts must conform in design, strength, quality of materials, and workmanship as described. All parts must meet manufacturers’ specifications unless otherwise specified in this ITB.

1. General Specifications Blue One Energy Equipment Self Contained, closed loop, stand alone, fully assembled, pre-wired outdoor extreme ready, heated diesel exhaust fluid (DEF) tank and pumping system or equal, to include but not limited to:

1.1. Must Be Available In Both three hundred ninety (390) +/- ten (10) % gallon tank and six hundred sixty (660) +/- ten (10)% gallon tank;

1.2. Pre wired one hundred ten – one hundred fifteen (110-115) volt power source;

1.3. Double wall containment;

1.4. Fuel island ready foot print;

1.5. Outer tank must hold one hundred ten (110)% of inner tank volume;

1.6. Minimum six (6) gallon per minute one hundred twenty (120) volt pump;

1.7. General construction inspection approval Z-40321-510;

1.8. Polyurethane foam insulation;

1.9. Hinged, lockable lid with pneumatic arms;

1.10. Integral sump;

1.11. Electronic overfill sensor;

1.12. Optical bund alarm;

1.13. Overfill bund alarm at eighty five (85)% of tank capacity;

1.14. Two (2) in dry-break fill port;

1.15. Liquid level gauge;

1.16. Five hundred (500) watt internal submersible probe heater with auto thermostat to prevent DEF from freezing;

1.17. Auto stainless steel nozzle and nozzle holder, with twenty five (25) ft. retractable hose reel;

1.18. Four hundred (400) watt deck heater and;

1.19. Must have the option to add a pulse meter to connect to card reader system.

2. Following Will Not Be Accepted:

2.1. Caged tanks;

2.2. External tank heating;

2.3. Remote dispenser heads;

2.4. Hard wiring requirement and;

2.5. External tank heating blankets.

3. Submitting Vendor Must Include a Drawing Of The General Features And Dispenser Measurements.

4. Installation is not required.

Attachment 3 – Bid Schedule

See Attachments Powered by LUMA Attachment Tab image1.png