ITB654 Pinwheels.pdf

STATE OF IDAHO

DEPARTMENT OF HEALTH AND WELFARE

Invitation to Bid (ITB) ITB654

PINWHEELS

Date of Issuance: 9/25/2024

TABLE OF CONTENTS

ITB ADMINISTRATIVE INFORMATION

1 PURPOSE

2 GENERAL INFORMATION, SOLICITATION INSTRUCTIONS AND STANDARD TERMS AND CONDITIONS

3 INQUIRIES

4 BACKGROUND

5 SPECIFICATIONS

6 COST

7 BILLING PROCEDURE

8 SUBMISSION REQUIREMENTS

9 AWARD

10 ACCEPTANCE

11 WARRANTY

12 CONTRACT MONITORING

13 DELIVERY

14 SUBCONTRACTORS

15 WEBSITE/ORDERING REQUIREMENTS

16 ADDITIONS TO CONTRACT

17 PRICE ADJUSTMENT CLAUSE

18 INSURANCE REQUIREMENTS

19 RECORDS MAINTENANCE

20 AUDIT RIGHTS

21 OWNERSHIP OF INFORMATION

ATTACHMENT 1 - SPECIFICATIONS

ATTACHMENT 2 - MODIFICATION AND EXCEPTION FORM

ATTACHMENT 3 - COVER FORM

ITB ADMINISTRATIVE INFORMATION

ITB Title: Pinwheels

ITB Project Description: Pinwheels for the Idaho Children’s Trust Fund

ITB Lead:

J.P. Brady Senior Buyer JP.Brady@dhw.idaho.gov

Deadline To Receive Questions: Friday October 4, 11:59:59 p.m. Mountain Time

ITB Closing Date: Friday November 8, 5:00 p.m. Mountain Time

ITB Opening Date: Monday November 11, 9:00 a.m. Mountain Time By Conference Call Only

The Department is conducting Virtual Electronic Bid Openings instead of in-person Public Bid Openings. Interested vendors must email the ITB lead forty-eight (48) hours before bid close to attend.

Samples due: Friday November 8, 5:00 p.m. Mountain Time

Initial Term of Contract and Renewals: The initial term is anticipated to be one (1) year. Upon mutual, written agreement, the contract may be renewed, extended or amended. The total contract term, including all extensions, is not anticipated to exceed five (5) years.

mailto:JP.Brady@dhw.idaho.gov

1 PURPOSE

The Idaho Department of Health and Welfare (Department), Idaho Children’s Trust Fund (ICTF), is requesting Bids from qualified Vendors for the purchase of Pinwheels for the Department’s Child Abuse Prevention campaign in accordance with the specifications provided below.

2 GENERAL INFORMATION, SOLICITATION INSTRUCTIONS AND STANDARD TERMS AND CONDITIONS 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. It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB must 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.

3 INQUIRIES

Questions must be submitted using the Q & A Board in IPRO. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M.

Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION section. Official answers to all questions will be posted on the Q & A Board on IPRO as an amendment to this ITB.

Any requests for modifications regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must be submitted in writing, using Attachment 2, Modification and Exception, and uploaded in IPRO on the Supplier Attachment page by the deadline identified in the ITB Administrative Information section. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Proposed modifications and exceptions to requirements, terms or conditions 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.

The State has sole discretion to determine if the modifications or exceptions submitted by a Bidder would result in a material change or otherwise threaten the integrity of the procurement process. Pursuant to IDAPA 38.05.01.084, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated. In the event that the Bidder has conditioned its Bid on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Bidder will be given the opportunity to retract the proposed modifications or exceptions from its Bid. Failure to do so will result in the Bidder’s Bid being found non-responsive, after which it will receive no further consideration.

Non-material modifications or exceptions may be negotiated with the apparent successful Bidder, at the discretion of the State; however, the State must have the right to reject any and all such modifications and or exceptions, and to instruct the Bidder to amend its Bid and remove the modifications and or exceptions. Failure to do so may result in the State finding the Bid non-responsive.

Except as otherwise provided in the solicitation document, including the State of Idaho Standard Contract Terms and Conditions (updated July 2024), the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the Closing Date.

https://purchasing.idaho.gov/wp-content/uploads/State-of-Idaho-Contract-Terms-and-Conditions_2024.pdf

4 BACKGROUND

The ICTF is seeking blue pinwheels to raise awareness for Child Abuse Prevention Month (CAP Month). CAP Month occurs every April and is a statewide awareness effort. The pinwheels will be ordered by the Idaho Children’s Trust Fund directly from the Contractor and will be drop shipped to the seven (7) regions across the State.

5 SPECIFICATIONS

See SPECIFICATIONS (Attachment 1)

6 COST

Provide your fully burdened Total Cost on the Items page in IPRO. The Cost must include the price of delivery.

7 BILLING PROCEDURE

The Contractor must provide an invoice upon delivery of the pinwheels. The invoice must be submitted no later thirty (30) calendar days after the pinwheels have been accepted by Department personnel. The Department is allowed three (3) business days to accept the pinwheels beginning from the day after the goods were delivered.

The Contractor must provide the following information with each invoice:

1 IPRO contract number (and name of project/product, if appropriate) and Agency PO number 2 Identification of billing period 3 Total amount billed for the billing period 4 Detailed description of services/products provided and associated # of hours/$ amounts, as appropriate 5 Name of authorized individual and contact information for Contractor

8 SUBMISSION REQUIREMENTS

8.1 Bid Submission Method

Bids must be submitted electronically through IPRO. The Department will not accept hardcopy (manual) submissions. Supporting documents can be uploaded in IPRO on the Supplier Attachment page.

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 award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Enter your Total Cost on the Items page in IPRO. It must be entered prior to the deadline established in the ITB ADMINISTRATIVE INFORMATION section above.

8.2 Samples

All Bidders participating in this solicitation must submit samples of their pinwheels to the Department prior to bid close. The Department will inspect the pinwheels to ensure they meet all specifications.

Bidders whose pinwheels are not received by bid close or deemed not meeting specifications may be found non-responsive. Address to submit sample pinwheels:

Idaho Department of Health & Welfare Attn: J.P. Brady 450 W. State St., 9th floor Boise, ID 83720-0036

8.3 Signature Page

Bids must be accompanied by a signed State of Idaho Signature Page. This page is attached in IPRO.

8.4 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. Redacted file must be submitted in IPRO on the Supplier Attachment page.

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.

9 AWARD

Award will be made to the responsive responsible Bidder with the lowest Total Cost.

Award will be “All or None” to the responsive, responsible bidder with the lowest Total Cost meeting all of the requirements of the ITB. Bidders that do not bid on all items will not be considered for award. Multiple or alternate bids will not be accepted. Bidders that include multiple or alternate bids may be found non-responsive.

10 ACCEPTANCE

The items will be inspected by the Department prior to acceptance. Excessive defects or damage may be grounds for rejection of the items. The determination of what is or is not acceptable will be solely at the discretion of the Department. The Department is allowed seventy-two (72) hours from delivery to accept the products, Monday through Friday, State holidays excepted (https://www.idaho.gov/government/state-holidays/).

If an item is rejected due to a repairable condition the vendor may, at the option of the Department, have one (1) calendar week to correct the defect(s) (at the vendor’s expense) or, at the vendor’s option a replacement of the same class or equivalent, which meets all the minimum specifications, requirements of this quote and is https://www.idaho.gov/government/state-holidays/ compatible with previously delivered devices may be substituted within a reasonable amount of time, not to exceed two (2) calendar weeks.

It is at the Department’s sole discretion whether your response meets the requirements of this ITB. At the sole discretion of the Department if your response does not meet the requirements of the ITB the submitting vendor will not be considered for award. Responses to the questions in the IPRO Question page will be used to determine whether your response meets the requirements of this ITB.

11 WARRANTY

The Contractor must include a minimum one (1) year full factory warranty for the product in the price of the bid.

The warranty must include parts and labor to ensure the product is operating as intended and within the original parameters.

12 CONTRACT MONITORING

If the Contractor fails to perform as required, the Contractor will be given written notice to remedy any performance issues. If the Contractor fails to perform as required, the Contract may be cancelled, and the Contractor may be disqualified from participating in the solicitation or the subsequent contract that supersedes the failed Contract.

13 DELIVERY

The pinwheels must be shipped F.O.B. Destination, Pre-paid and Allowed to various locations across the State.

The cost of the delivery must be included in the Total Bid price. The shipments will go to Department Hubs and storage partners (an estimated quantity is provided for each region for bidding purposes). A full list is provided:

Region 1 (approximately 2,500ea) Katie Simmons

ICARE/CACFP

201 E. Harrison Ave Coeur d’Alene, ID 83814

Region 2 (approximately 1,000ea) Kim Neely FACS Region II Program Manager 1118 F Street Lewiston, ID 83501

Region 3 (approximately 1,000ea) Melanie Tucker Nampa Family Justice Center 1305 3rd St. S Nampa ID 83651

Region 4 (approximately 1,000ea) Sonja Howerton Idaho Network of Child Advocacy Centers 417 S. 6th Street Bosie, ID 83702

Region 5 (approximately 1,000ea) Silvia Renova-Gaxiola St. Luke’s CARES 2550 Addison Ave. E. Suite G.

Twin Falls Idaho 83301

Region 6 (approximately 1,000ea) Tracy Reed Southeastern Idaho Public Health 1901 Alvin Ricken Pocatello, ID. 83201

Region 7 (approximately 1,000ea) Holly Whitworth Eastern Idaho Public Health 1250 Hollipark Dr.

Idaho Falls, Id 83401

ICTF

Taber Subia (approximately 33,000ea) 304 W State St Boise, ID 83702 Idaho Foodbank 3650 E Commercial Ct Meridian ID 83642

Quantities to be provided to Contractor by February 1, 2025.

14 SUBCONTRACTORS

The Contractor may subcontract as needed.

The Contractor must be responsible for any work or product that is produced and delivered to the Department under this contract whether produced solely or in part by the Contractor or Subcontractor.

Subcontractor relationships, performance, and compliance with the terms of the contract are solely the responsibility of the Contractor. The Bidder must provide an overview of any Subcontractor relationships that will be reflected in the total proposed solution. The above information must be included for any planned subcontractors if any exist. Additionally, the bidder must provide:

A description of the nature of the subcontractor agreement(s) (if any);

Its reliance on the subcontractor with respect to fulfilling any of the ITB requirements.

The Bidder must disclose the information requested above for the parent company if the Bidder is a subsidiary of a parent company that owns more than five percent (5%) of the Bidders’ company.

The Bidder must disclose the detail information requested above for any subsidiary in which the Vendor is more than a five percent (5%) owner.

The Contractor must be the sole point of contact regarding any and all contractual matters. The Department will only pay the Contractor and will not pay Subcontractors directly.

15 WEBSITE/ORDERING REQUIREMENTS

Department personnel must be able to place orders via telephone, email, and vendor website.

16 ADDITIONS TO CONTRACT

The Department reserves the right to purchase additional products not specifically detailed in this ITB, but within the scope of the subsequent contract. This may include accessories, replacement parts or related products that directly support the project. The prices will be negotiated between the Contractor and Department prior to purchase.

17 PRICE ADJUSTMENT CLAUSE

The parties may consider rate changes upon renewal. The Department or Contractor must request potential rate changes (either increases or decreases) at least sixty (60) calendar days prior to the Contract renewal date and provide written justification for the request for a rate change. No rate change will be effective until accepted in writing by the Department.

18 INSURANCE REQUIREMENTS

Within five (5) business days of notification of award (or such other time as designated by the Purchasing Activity), the apparent successful Bidder must provide certificates of insurance required herein and must 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 five (5) business day period may be cause for your Bid to be declared non-responsive or for your Contract to be cancelled.

For the term of the Contract, the Contractor must maintain in force, at its own expense, the following insurance.

• Commercial General Liability Insurance and, if necessary, Commercial Umbrella Liability Insurance with a limit of not less than one million dollars ($1,000,000) each occurrence. Insurance required by this section shall name the State of Idaho, Department of Health and Welfare as an additional insured.

• Automobile Liability Insurance and, if necessary, Umbrella Liability Insurance with a limit of not less than one million dollars ($1,000,000) each accident. Insurance required by this section must name the State of Idaho, Department of Health and Welfare as an additional insured. (Required when product is delivered using owned, leased, hired, non-owned and employee-owned vehicles. Not required when shipped via FedEx/UPS vs using their own vehicle for delivery.)

• Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident, $1,000,000 disease policy limit, and $1,000,000 disease, each employee.

• 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.

If any of the liability insurance required for this contract is arranged on a "claims-made" basis, "tail coverage" will be required at the completion or termination of this contract for a duration of twenty-four (24) months thereafter. Continuous "claims-made" coverage will be acceptable in lieu of "tail-coverage" provided the retroactive date is on or before the effective date of this contract, or twenty-four (24) months "prior acts" coverage is provided. Contractor will be responsible for furnishing certification of "tail coverage" or continuous "claims-made" coverage.

Prior to performing any services, the Contractor shall provide certificates of insurance to the Department. The Contractor is also required to maintain current certificates on file with the Department and to provide updated certificates upon request. Failure to provide the required certificates of insurance shall constitute a default under this Contract and upon such failure the Department may, at its option, terminate the Contract. Insurance required by this section shall be policies or contracts of insurance issued by insurers approved by the Department. Should any of above-described policies be cancelled before the expiration date thereof, notice shall be delivered in accordance with the policy provision.

Send updated certificates to: DHWInsurance@dhw.idaho.gov

19 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.

20 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.

21 OWNERSHIP OF INFORMATION

The Department and the United States Department of Health and Human Services must have unlimited rights to own, possess, use, disclose, transfer, or duplicate all information and data, copyrighted or otherwise, developed, derived, documented or furnished by the Contractor under the Contract.

mailto:DHWInsurance@dhw.idaho.gov

ITB654 Pinwheels

ATTACHMENT 1 - SPECIFICATIONS

GENERAL REQUIREMENTS

The Customized Pinwheels (Pinwheels) must be composed of recyclable materials.

Each Pinwheel must measure approximately fifteen and one-half inch high (15 ½ “ H).

Each Pinwheel rotor must measure approximately seven inches across (7” O) and one and three-quarters inches deep (1 ¾ “ D).

Each Pinwheel stem must measure approximately twelve inches in height (12” H) and five-sixteenth inches in diameter (5/16” O).

Pinwheel rotors must be composed of dual colored Mylar, high gloss sapphire blue (PMS 286) and high gloss Silver in color.

Pinwheel stems must be hollow and composed of number 5 polypropylene plastic (No. 5 PP), sapphire blue (PMS 286) in color.

Pinwheel stem must include www.preventchildabuse.org approximately two and one-half inches long (2 ½ “ L) printed in a legible location.

Pinwheels must be able to withstand up to thirty (30) days outside in temperate weather conditions.

Rotor axle/hubs must be connected to each stem with glue, bonding, or snaps to prevent separation.

Attached to the pin must be a pentafoil shaped, sapphire blue (PMS 286) Mylar cut-out with a cross sectional length approximately one and one-half inches (1 ½ “).

Pinwheels must rotate freely in wind speeds of three miles per hour (3 MPH) and above.

Pinwheels must come fully assembled and properly functioning.

Pinwheels must be manufactured and assembled in the United States of America (USA).

Packaging must include “WARNING: CHOKING HAZARD – Small parts. Not recommended for children under age 3 years” printed in legible location.

http://www.preventchildabuse.org/

ITB654 Pinwheels

ATTACHMENT 2 - MODIFICATION AND EXCEPTION FORM

Instructions: Complete this form and include with your question(s) in the Q & A Board at IPRO if you are proposing modifications or exceptions to any of the requirements, terms, or conditions included in the ITB, including any documents incorporated by reference (Standard Contract Terms and Conditions). See ITB Section 3 for a full explanation of the process surrounding Bidder-proposed modifications and exceptions.

Bidders must specifically address any and all proposed modifications and exceptions. Blanket requests to negotiate requirements, terms, or conditions will not be considered. Bidders must provide an explanation as to why the requirement, term, or condition should be considered non-material. Bidder must also provide a reason for the proposed modification or alternative language, specifically addressing the issues itemized in ITB Section 3.

The determination of materiality will be made at the State’s sole discretion. Non-material modifications or exceptions may be negotiated with the apparent successful Bidder, at the discretion of the State, and as otherwise provided in ITB Section 3.

ITB

Section

ITB Requirement, Term, or Condition

Reason Requirement, Term, or Condition Should Considered Non-Material

Proposed Modification, Alternative, or Exception

Reason for Proposed Modification, Alternative, or Exception

ITB20241654 Pinwheels

ATTACHMENT 3 - COVER FORM

Cover Form must be completed, signed, and uploaded to the Supplier Attachments page in IPRO. Failure to complete and submit this form may result in your Bid being deemed non-responsive.

Instructions: The Bid must include a signed copy of this cover form. Copy and paste this form onto your company letterhead, or include the following information: Bidder’s company name, mailing address, phone number, fax number, e-mail address, and name of Bidder’s authorized signer. The Cover Form must include the ITB Number and Title and must be signed by an individual authorized to commit the Bidder to the contents of the Bid.

Requirement Response Bidder’s corporate or other legal entity status ☐ Corporation

☐ Limited Liability Corporation (LLC) ☐ Limited Liability Partnership ☐Sole Proprietorship ☐ Other (specify)

Bidder’s Tax Identification Number

EIN:

Bidder’s DUNS Number

DUNS:

Is Bidder a legal entity with the legal right to contract?

☐ Yes ☐ No

Other than modifications/exceptions identified on Attachment 2, in compliance with Section 3 of this ITB, does Bidder accept, and is Bidder willing to comply with, the requirements of this ITB?

Is Bidder in compliance with applicable equal employment regulations?

Does Bidder affirm that it has not employed any company or person other than a bone fide employee working solely for the Bidder or a company regularly employed as its marketing agent, to solicit or secure the Contract, and that it has not paid or agreed to pay any company or person, other than a bone fide employee working solely for the Bidder or a company regularly employed by the Bidder as its marketing agent, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of the Contract?

Does Bidder understand and agree that for breach or violation of the above term, the State has the right to annul the Contract without liability or, in its discretion, deduct from the offered price the amount of any such fee, commission, percentage, brokerage fee, gifts, or contingencies?

Firm(s) and/or staff responsible for writing the Bid?

Names:

Does Bidder affirm that it is not currently suspended, debarred, or otherwise excluded from federal or state procurement and non-procurement programs?

Note: vendor information is available at https://sam.gov.

Does the Bidder affirm that the Bid will be firm and binding for ninety (90) calendar days from the Bid opening date?

https://sam.gov/

Does Bidder warrant that it does not knowingly and willfully employ persons who cannot legally work in this country; and that Bidder takes steps to verify that it does not hire persons who have entered our nation illegally or cannot legally work in the United States; and that any misrepresentation in this regard or any employment of persons who have entered our nation illegally or cannot legally work in the United States constitutes a material breach and will be cause for the imposition of monetary penalties up to five percent (5%) of the Bid price, per violation, and/or termination of the Contract?

Signed By:

Printed Name:

Date: