ITB127 - Administrative Document - 10CY Dump Bodies Hydraulic System Install V Box Spreader and Wing.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

IDAHO TRANSPORTATION DEPARTMENT

Invitation to Bid (ITB) 127

10 CY DUMP BODIES, HYDRAULIC SYSTEM, WING PLOW AND V-BOX SPREADER INSTALLATION

ITBXX

ITB ADMINISTRATION DOCUMENT

ITB Title:

10 CY Dump Bodies, Hydraulic System Install, V-Box Spreader, and Wing Plows

truck equipment to various Idaho Transportation Departments District locations throughout the state of Idaho.

ITB Lead:

Division of Purchasing Bob Morlan Bob.morlan@adm.idaho.gov 208.332.1611

Submit electronically via IPRO:

Electronic Submission

IPRO POWERED BY LUMA

Pre-Bid/Build Conference:

The Pre Bid/Build conference will be held via a Teams meeting or in person. A meeting invite will be provided to requesting vendors who intend to submit a bid.

See Section 3 for additional information and requirements.

See Attachment 11 – Pre-Bid/Build Conference Agenda

Deadline to Receive Questions:

Tuesday October 24, 2023 at 11:59:59 PM Mountain Time. After the Pre Bid/Build Conference Questions are due Wednesday November 8, 2023 at 11:59:59 PM Mountain time.

ITB Closing 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.

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1 PURPOSE

The Idaho Transportation Department (ITD) is requesting Bids from qualified Vendors for the purchase of ten (10) cubic yard dump bodies with installation, snowplow hydraulic systems with installation, wing plows with installation and V-Box spreaders with installation on sixty thousand (60,000) Gross Vehicle Weight (GVW) ITD owned truck chassis’ s fleet, in accordance with the specifications provided within this Invitation to Bid (ITB).

ITD fleet for the purpose of this ITB consists of 6x4 truck chassis’ s that are used in harsh environments for application of de-icing materials, snow removal on interstate and state highways, rock, gravel, road base, and asphalt hauling. Slide in Dump bodies and V-Box spreaders are interchangeable without the need for any chassis modifications.

2 GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (State) via LUMA: (https://purchasing.idaho.gov/information-for-vendors/). The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB must be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at IPRO POWERED BY LUMA. It is the responsibility of the Bidder to monitor IPRO POWERED BY LUMA for any updates or amendments. Any oral interpretations or clarifications of this ITB will not be relied upon. All changes to this ITB must be in writing and posted at IPRO POWERED BY LUMA to be valid. Alternate Bids are not allowed.

3 PRE BID/BUILD MEETING

3.1 In order for bids to be considered responsive and responsible, all submitting vendors must attend a mandatory Pre Bid/Build meeting via Microsoft Teams or in person. The individual Pre Bid/Build meetings will be scheduled, with all vendors who register, approximately ten (10) days after the ITB is posted. See Attachment 12 – Vendor Pre-Bid/Build Conference Registration.

3.2 Fill out and submit Attachment 12 - Vendor Pre-Bid/Build Conference Registration. Please RSVP as soon as possible, prior to the deadline stated on Attachment 12. Timeslots will be scheduled on a first-come, first-served basis. Once your timeslot is confirmed, the State will send a meeting invitation to you with a Microsoft Teams link for a video-call or address for in person attendance.

3.3 The purpose of this meeting is to define roles, responsibilities, review specifications, identify risks, define expectations and determine any ITB solicitation amendments. Each vendor will be given four (4) hours to ask questions, seek clarity on specifications and offer alternative products. (Alternatives may or may not be considered) Only one (1) vendor per session will be allowed. Each vendor will be allowed to have two (2) representatives in person and four (4) on Microsoft Teams, at their scheduled session. All ITB amendments as a result of these meetings will be posted in LUMA for public visibility and incorporation into submitting vendors bids prior to the ITB close date.

3.4 Vendors must provide drawings, documentation and justification for any requested changes to listed specifications contained within this ITB during the Pre Bid/Build Meeting in order to be considered for any amendment to the specifications.

4 QUESTIONS

4.1 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.

5 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 POWERED BY LUMA as an amendment to this ITB.

ITB Lead: Bob Morlan Phone: 208-332-1611 E-mail: bob.morlan@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.

6 SUBMISSION REQUIREMENTS

6.1 Required Bid submission Items

6.1.1 Bid Schedule

Provide your cost information on Attachment 4 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.

6.1.2 Warranty documentation and acceptance letter.

6.1.3 NTEA Hoist documentation Section 3: Item 4 Hoist, Specification Items 4.3.1 and 4.11 and Section 4: Item 4, Specification Item 4.3.1 and 4.10.1

6.1.4 Hoist to Dump Body Attachment Documentation

6.1.5 Attachment 3 – Product Information

6.1.6 Attachment 6 – Attachment 6 - Contract Management (Sections 4 & 5)

6.1.7 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.

6.2 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.

6.2.1 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 4.

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 which the Bid is submitted in IPRO POWERED BY LUMA, which must be the same legal entity 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.

6.3 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:

6.3.1 Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” or “exempt from disclosure” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” or “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret” or “exempt from disclosure.”

6.3.2 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.

6.3.3 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.

7 QUANTITY

7.1 While the quantities provided in Attachment 4 – Bid Schedule are annual estimates and will be used for evaluation and award purposes, actual quantities each ITD District purchases may vary; no minimum or maximum order quantities are guaranteed or implied.

7.2 The following quantities listed below are the quantities ITD anticipates purchasing, broken down over the next five (5) years.

ITEM 1 – SNOWPLOW TRUCK HYDRAULIC SYSTEM

ITEM 2 – 10 CY ASPHALT DUMP BODIES

ITEM 3 – 10 CY ½ ROUND ROCK DUMP BODIES

ITEM 4 – 8 FT. EXTENDABLE TRUCK MOUNTED WING PLOWS

ITEM 5 – 10 FT. DUAL FUNCTION TRUCK MOUNTED WING PLOWS

ITEM 6 – 10 FT. SINGLE FUNCTION TRUCK MOUNTED WING PLOWS

ITEM 7 – 8 CY SLIDE-IN V-BOX SPREADER

ITEM 8 – 9 CY CHASSIS MOUNT V-BOX SPREADER

ITEM 9 – 1,750 GALLON SLIDE-IN DEICER TANK

8 SPECIFICATIONS

See ATTACHMENT 2 – Requirements and Specifications.

9 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.

10 AWARD

Award will be made to the responsive, responsible Bidder who attended the mandatory Pre Bid/Build meeting, with the lowest combined Total Cost of Group 1 and Group 2 on Attachment 4 Bid Schedule or awarded on what is in the Best Interest of the State. Submitting vendors must provide a bid on Group 1 and Group 2 on Attachment 4 – Bid Schedule. Failure to provide a bid on all line items will result in a non-responsive bid.

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

11 INVOICING & PAYMENT

11.1 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.

11.2 Invoices must be submitted as follows:

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

11.3 Invoices must include the following information:

11.3.1 Contractor Company & Contact Information

11.3.2 Contract Name & Number

11.3.3 Order Number

11.3.4 Invoice Number & Date

11.3.5 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.

11.4 Invoice must be emailed to:

11.4.1 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.

11.4.2 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/)

12 CHANGES/AMENDMENTS

12.1 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 Attachment 7), 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.

12.2 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.

12.3 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. 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, and may cause the entire Contract to be void.

13 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.

14 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.

15 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.

16 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.

17 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.

18 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.

19 INSURANCE REQUIREMENTS

See Attachment 8 – Insurance Requirements

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.

21 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 will 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.

22 NON-COMPLIANCE AND REMEDIES

22.1 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.

22.2 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.

22.2.1 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.

22.2.2 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).

ATTACHMENT 1 – BIDDER QUESTIONS

10 CY DUMP BODIES, HYDRAULIC SYSTEM, WING PLOW AND V-BOX SPREADER INSTALLATION

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.”

ITB127 - 10 CY DUMP BODIES, HYDRAULIC SYSTEM, WING PLOW AND V-BOX SPREADER INSTALLATION

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