Negotiated Bid Main Document 26-88274 (1).pdf

STATE OF INDIANA

Contract Negotiated Bid 26-88274

INDIANA DEPARTMENT OF ADMINISTRATION

On Behalf Of Department of Natural Resources

Solicitation For:

Fish Feed

Submission Due Date and Time:

September 30, 2026 @ 3:00 PM Eastern Time

Kristine Kruger, Procurement Consultant Krkruger@idoa.in.gov

Indiana Department of Administration Procurement Division

402 W. Washington St., Room W468 Indianapolis, Indiana 46204 mailto:Krkruger@idoa.in.gov

Contents Section One General Information and Requested Products/Services

1.1 Introduction

1.2 Definitions and Abbreviations

1.3 Purpose of the Negotiated Bid

1.4 Summary Scope of Work

1.5 Negotiated Bid Outline

1.6 Question/Inquiry Process

1.7 Due Date for Bid Responses

1.8 Modification or Withdrawal of Offers

1.9 Pricing

1.10 Proposal Clarifications and Discussions

1.11 Best and Final Offer (BAFO)

1.12 Type and Term of Contract

1.13 Confidential Information

1.14 Taxes

1.15 Procurement Division Registration

1.16 Secretary of State Registration

1.17 Compliance Certification

1.18 Equal Opportunity Commitment

1.19 Reserved

1.20 Indiana Veteran Owned Small Business Subcontractor Commitment (IVOSB)

1.21 Americans with Disabilities Act

1.22 Summary of Milestones

1.23 Evidence of Financial Responsibility (25 IAC 1.1-1-5)

1.24 Conflict of Interest

1.25 Ethics Obligations

1.26 Procurement Protest Policy

1.27 F.O.B. (Free on Board) Destination

1.28 Open Competition

Section Two Proposal Preparation Instructions

2.1 General

2.2 Executive Summary

2.2.1 Summary of Ability and Desire to Supply the Required Products or Services

2.2.2 Signature of Authorized Representative

2.2.3 Respondent Notification

2.2.4 Secretary of State

2.2.5 Other Information

2.2.6 Contract Terms/Clauses

2.2.7 Registration to do Business

2.2.8 Authorizing Document

2.2.9 Diversity Subcontractor Agreements

2.2.10 Evidence of Financial Responsibility

2.2.11 General Information

2.2.12 Experience Serving State Governments

2.2.13 Experience Serving Similar Clients

2.2.14 Payment

2.3 Cost Proposal

2.4 Attestation Form

2.4.1 Indiana Economic Impact ................................................... Error! Bookmark not defined.

2.4.2 Buy Indiana Initiative (Indiana Business Preference)/Indiana Company

2.4.3 Indiana Preferences

2.4.4 Subcontractors

Section Three Proposal Evaluation

3.1 Bid Response Evaluation Procedure

3.2 Evaluation Criteria

Section One General Information and Requested Products/Services

1.1 Introduction

In accordance with applicable Indiana Code provisions, Rules and Policies, the Indiana Department of Administration (IDOA), acting on behalf of the Department of Natural Resources, requires Fish Feed. It is the intent of IDOA to solicit responses to this solicitation in accordance with the statement of work, proposal preparation section, and specifications contained in this document. This solicitation is being posted to the IDOA Bidding Opportunities website, at https://www.in.gov/idoa/procurement/current-business-opportunities/ for downloading. Neither this solicitation nor any response (proposal) submitted hereto are to be construed as a legal offer.

1.2 Definitions and Abbreviations

Following are explanations of terms and abbreviations appearing throughout this solicitation.

Other special terms may be used in the document, but they are more localized and defined where they appear, rather than in the following list.

Award Recommendation

IDOA’s summary, typically in letter format, of the solicitation and suggestion on respondent selection for the purposes of beginning contract negotiations

Award Amount Proposed amount or the BAFO amount that will result in a Contract.

https://www.in.gov/idoa/procurement/current-business-opportunities/

BAFO Best and Final Offer is an opportunity for respondents to propose an improved cost for final score consideration.

Bid Response

An offer as defined in IC 5-22-2-17

Evaluated Amount If preferences are selected, this is the amount after the preference is applied. Awardee is based on the evaluation amount.

Full Time Equivalent

(FTE)

The State defines FTE as a measurement of an employee's productivity when executing the scope of work in this Negotiated Bid for a specific project or contract. An FTE of 1 would mean that there is one worker fully engaged on a project.

If there are two employees each spending 1/2 of their working time on a project that would also equal 1 FTE

IAC Indiana Administrative Code

IC

Indiana Code

Installation

The delivery and physical setup of products or services requested in this Negotiated Bid

Other Governmental Body

An agency, a board, a branch, a bureau, a commission, a council, a department, an institution, an office, or another establishment of any of the following:

1) The judicial branch

2) The legislative branch

3) A political subdivision as defined in IC 5-22-2-22 and IC 36-1-

2-13 (includes school corporations, municipal corporations, Legislative body, Taxing district, Town, Township and Unit)

4) A State educational institution

PO (Purchase Order) Contractual mechanism for a one-time purchase

Prime Contractor Refers to the entity responding to the solicitation.

Products

Tangible goods or manufactured items as specified in this Negotiated Bid

Proposal An offer as defined in IC 5-22-2-17

Respondent

An offeror as defined in IC 5-22-2-18; and any entity or person who does business with the State and is registered as same. The State will not consider a bid response responsive if two or more offerors submit a joint or combined proposal. One entity or individual must be clearly identified as the company who will be ultimately responsible for performance of the contract

Services

Work to be performed as specified in this solicitation

State

The State of Indiana

State Agency

As defined in IC 4-13-1, “State Agency” means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive, including the administrative, department of State government

Subcontractor Referring to the entity entering into a contract with the Prime

Contractor for a portion of the scope of the solicitation

Total Bid Amount

The amount that the respondent proposes on Attachment C that represents their total, all-inclusive price

VSC (Valuable Scope Contribution)

The benefit the proposed certified subcontractors(s) must provide to the project set forth in the solicitation

1.3 Purpose of the Negotiated Bid

The purpose of this solicitation is to select a respondent that can provide Fish Feed. It is the intent of the Indiana Department of Administration to contract with a respondent that provides quality services.

1.4 Summary Scope of Work

The feed contract will encompass 7 Fish Hatchery throughout the State of Indiana. The feed orders will fluctuate, determined by the 4 seasons (4 quarters) Spring, Summer, Fall & Winter.

The 4 feed groups are: Starter, Granule, Pellet and Brood. The type of feed and size of the fish the hatcheries are raising will determine the overall order.

Site Locations

Bodine State Fish Hatchery Alexander Ingersoll, Property Manager

13200 Jefferson Blvd.

Mishawaka, IN 46545 O# 574/255-4199 County: Elkhart

Cikana State Fish Hatchery

Jeff Malwitz, Property Manager 2650 State Road 44 Martinsville, IN 46151 O# 765/342-5527 County: Morgan

Curtis Creek Trout Rearing Station Matt Horsely, Property Manager 4250 E. 400 N.

Howe, IN 46746 O# 260/562-3855

County: LaGrange

East Fork State Fish Hatchery Stefan Gosik, Property Manager

5807 E. 825 S.

Montgomery, IN 47558 O# 812/644-7717 County: Daviess

Fawn River State Fish Hatchery Aaron Voirol, Property Manager

6889 N. SR 327

Orland, IN 46776 O# 260/829-6241 County: Steuben

Mixsawbah State Fish Hatchery Rob Ackerson, Property Manager 5500 South 675 East Walkerton, IN 46574 O# 219/369-9591 County: St. Joseph

Item Description

Estimated Quantities Pound for 1 Year Starter Feed (Mash) Fry Life Stage #1, #2, 0.7 mm and 1.0 mm

15,000

Granule or Grower Feed, Fingerling Life Stage 1.5 mm and 2.0 mm

33,000

Pellet Feed, Production & Broodstock Life Stage 2.5 mm to 5.0 mm

120,000

Pellet Feed, Fish Brood Life Stage 6.0 mm

2,500

TOTAL POUNDS 170,500

1.5 Negotiated Bid Outline

The outline of this Negotiated Bid document is described below:

Section Description

Section One – General Information and Requested Products or Services

This section provides an overview of the solicitation, general timelines for the process, and a summary of the products/services being solicited by the State/Agency via this Negotiated Bid.

Section Two – Bid Response Preparation Instruction

This section provides instructions on the format and content of the Bid including an Executive Summary and a Cost Proposal.

Section Three – Negotiated Bid Evaluation Criteria

This section discusses the evaluation criteria to be used to evaluate Respondents’ bid responses

Attachment A1 IVOSB Participation Plan Form

Attachment B Sample Contract

Attachment C Cost Proposal Template

Attachment D Q&A Template

Attachment E Attestation Form

Attachment F Preferences

Attachment G Affidavit of Eligibility

Attachment H Fish Feed Specs

1.6 Question/Inquiry Process

All questions/inquiries regarding this Negotiated Bid must be submitted in writing by the date and time outlined in Section 1.22. Questions/Inquiries may be submitted in Attachment D, Q&A Template, via email to rfp@idoa.IN.gov and must be received by the time and date indicated in Section 1.22.

The subject line of the email submissions must clearly state the following:

“BID 26-88274 Questions/Inquiries – [INSERT COMPANY NAME]”.

Following the question/inquiry due date, the State will compile a list of the questions/inquiries submitted by all Respondents. The responses will be posted to the IDOA website according to the timetable established in Section 1.22. Only answers posted on the IDOA website will be considered binding and valid by the State. No Respondent shall rely upon, take any action, or make any decision based upon any verbal communication with any State employee.

If it becomes necessary to revise any part of this solicitation, or if additional information is necessary for a clearer interpretation of provisions of this solicitation prior to the due date for bid responses, an Addendum will be posted on the IDOA website. If such Addenda issuance is necessary, the State may extend the due date and time of bids to accommodate such additional information requirements, if required.

1.7 Due Date for Bid Responses

All proposals must be received through the Supplier Portal at the link below by the Procurement Division no later than the date and time outlined in Section 1.22 Summary of Milestones. The proposal will be considered the official response in evaluating responses for scoring and protest resolution and may be posted on the IDOA website, https://www.in.gov/idoa/procurement/award-recommendations/ if recommended for selection. The proposal must follow the format indicated in Section Two of this document. No mailto:rfp@idoa.IN.gov?subject=BID%20%23%23-%23%23%23%20Questions/Inquiries%20%E2%80%93%20%5bINSERT%20COMPANY%20NAME%5d https://www.in.gov/idoa/procurement/award-recommendations/ other method of submission will be accepted. Unnecessarily elaborate brochures or other presentations, beyond those necessary to present a complete and effective proposal, are not desired.

Multi-Factor Authentication:

https://www.in.gov/iot/customer-service/myshareingov/multi-factor-authentication/

Supplier Portal:

https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/

Instructions on how to submit an electronic bid:

https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/manage-my-bidder-profile/submitting-a-bid/

Important notes:

Remember that you cannot update the primary contact’s email address and use it to sign into the Supplier Portal on the same day.

No more than one proposal per Respondent may be submitted.

Responses may no longer be sent in on flash drives.

The State encourages Respondents to break down their proposals into small file sizes and use compressed zip files, where possible. Uploading large files may lengthen the time to successfully submit your proposal. Checking file sizes of the proposal documents by viewing file properties is also recommended to reduce risks when uploading files.

A bidder ID and password are required to submit a response. For more information on that process, visit: https://www.in.gov/idoa/wbt/SupplierPortal/index.html. Bidder ID and password issues are handled by submitting a request for assistance to the State of Indiana Office of Technology and are handled in the order in which they are received. IDOA is not able to assist with these types of issues and they are not justification to miss the submission deadline.

The State strongly encourages Respondents to allow plenty of time when electronically submitting their proposals. Waiting until the last day is not recommended. The Supplier Portal allows documents to be edited until the proposal due date. Therefore, documents could be loaded over several days. The Supplier Portal will not accept proposals once the proposal due date and time has expired, even if a Respondent has already begun uploading bid documents.

The State accepts no obligations for costs incurred by Respondents in anticipation of being awarded a contract.

https://www.in.gov/iot/customer-service/myshareingov/multi-factor-authentication/ https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/ https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/ https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/manage-my-bidder-profile/submitting-a-bid/ https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/manage-my-bidder-profile/submitting-a-bid/ https://www.in.gov/idoa/wbt/SupplierPortal/index.html

1.8 Modification or Withdrawal of Offers

Responses may be modified by Respondents until the time and date the response is due. The Respondent’s authorized representative may withdraw the proposal prior to the due date by sending notice to the address listed above in Section 1.7.

1.9 Pricing

Pricing on this solicitation must be firm and remain open for a period of not less than one hundred eighty (180) days from the date of award issuance.

Any attempt to manipulate the format of the document, attach caveats to pricing, or submit pricing that deviates from the current format will put your bid response at risk of being removed from consideration.

Respondents should refer to the Cost Proposal sub-section under Section Two for a detailed discussion of the bid response pricing format and requirements.

1.10 Proposal Clarifications and Discussions

The State may request clarifications, in writing, on bid responses submitted. These clarifications could include, but are not limited to, request for additional information, or request for Cost Proposal. If clarifications are conducted, they will involve all responsive Respondents and will be conducted in writing. As a result of these clarifications, Respondents may be asked to submit revised bid responses. Respondents may respond to this request by submitting their initial bid response unchanged; however, prices cannot be increased, they must remain the same or lower. The State will provide equivalent information to all Respondents which have been chosen for clarifications.

A sample contract is provided in Attachment B. Any requested changes to the sample contract must be submitted with your response. The State may reject any of these requested changes. It is the State’s expectation that all material elements of the contract will be substantially finalized prior to contract award.

1.11 Best and Final Offer (BAFO)

The State may request best and final offers from those Respondents determined by the State to be reasonably viable. The State reserves the right to award a contract based on initial bid responses received. Therefore, each bid response should contain the Respondent’s best terms from a price and technical standpoint.

Following evaluation of the best and final offers, the State may select for final contract negotiations/execution the offer(s) that are most advantageous to the State.

1.12 Type and Term of Contract

The State intends to sign a contract with one or more Respondent(s) to fulfill the requirements in this solicitation.

The term of the contract shall be for a period of four (4) years from the date of contract execution. There may be two (2) one-year renewals for a total of six (6) years, at the State’s option.

1.13 Confidential Information

Respondents are advised that materials contained in bid responses are subject to the Access to Public Records Act (APRA), IC 5-14-3 et seq., and, after the contract award, the entire solicitation file will be posted on the IDOA website and may be viewed and copied by any member of the public, including news agencies and competitors. The responses are deemed to be “public records” unless a specific provision of IC 5-14-3 protects it from disclosure.

Respondents claiming a statutory exception to the APRA must indicate so per Attachment G which specific provision applies to which specific part of the response.

Please note citing “Confidential” on an entire section is not sufficient or acceptable.

The Public Access Counselor (PAC) provides guidance on APRA. Respondents are encouraged to read guidance from the PAC on this topic as this is the guidance IDOA follows:

• 18-INF-06; Redaction of Public Procurement Documents Informal Inquiry

If the Respondent does not identify the statutory exception, the State will not consider the submission confidential. The State also reserves the right to seek the opinion of the PAC for guidance.

1.14 Taxes

Bid responses should not include any tax from which the State is exempt.

https://www.in.gov/pac/informal/files/18-INF-06.pdf

1.15 Procurement Division Registration

In order to submit a proposal per Section 1.7, Respondents must be registered as a bidder with the Department of Administration, Procurement Division.

At Bidder Profile Registration, https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/ the following may be completed.

• To register, follow instructions provided in Section 2.2.7.

• If registered, a Bidder ID # list is available to complete the Submission Form per Section

2.1.

1.16 Secretary of State Registration

If awarded, the Respondent will be required to register, and be in good standing, with the Secretary of State. The registration requirement is applicable to all limited liability partnerships, limited partnerships, corporations, S-corporations, nonprofit corporations, and limited liability companies. Information concerning registration with the Secretary of State may be obtained by contacting:

Secretary of State of Indiana Corporation Division 402 West Washington Street, E018 Indianapolis, IN 46204

(317) 232-6576 www.in.gov/sos

1.17 Compliance Certification

Responses to this Negotiated Bid serve as a representation that the Respondent has no current or outstanding criminal, civil, or enforcement actions initiated by the State, and it agrees that it will immediately notify the State of any such actions. The Respondent also certifies that neither it nor its principals are presently in arrears in payment of its taxes, permit fees or other statutory, regulatory, or judicially required payments to the State. The Respondent agrees that the State may confirm, at any time, that no such liabilities exist, and, if such liabilities are discovered, that State may bar the Respondent from contracting with the State, cancel existing contracts, withhold payments to setoff such obligations, and withhold further payments or purchases until the entity is current in its payments on its liability to the State and has submitted proof of such payment to the State.

https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/ https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/ http://www.in.gov/sos

1.18 Equal Opportunity Commitment1

It has been determined that there is a reasonable expectation of Indiana veteran business enterprises subcontracting opportunities on an award under this solicitation. Therefore, a contract goal of 3% for Indiana Veteran Owned Small Businesses have been established.

Failure to address these requirements will not impact the evaluation of your bid response.

Evaluation points are not associated with Indiana Veteran Owned Small Businesses.

1.19 Reserved

1.20 Indiana Veteran Owned Small Business Subcontractor Commitment (IVOSB)

In accordance with IC 5-22-14 and 25 IAC 9, it has been determined that there is a reasonable expectation of Indiana Veteran Owned Small Business subcontracting opportunities on a contract awarded under this solicitation. The IVOSB Subcontractor Commitment form is Attachment A1. The IVOSB Subcontractor Commitment Form is to be submitted alongside the Respondent’s proposal. The entity must be on the State of Indiana Certified IVOSB list at https://www.in.gov/idoa/.

If participation is proposed through the use of Subcontractors, the Respondent must provide the scope of work of the products and/or services to be provided by the Subcontractor(s). This must include explanation of whether the products and/or services are to be utilized directly by the Respondent and/or directly by the State, a description of the process through which the products/services will be received and applied to the benefit of the contract, the deliverable requirements as agreed upon between the Contractor and Subcontractor, the certified UNSPSC that applies to award, and the cost of supplies being utilized by the Respondent for this proposal. Respondents must complete the Subcontractor Commitment Form in its entirety.

The amount entered in “TOTAL BID AMOUNT” should match the amount entered in the Attachment C.

If the Respondent to the solicitation is an IVOSB certified entity, the Respondent may indicate this on Attachment E, Attestation Form.

The IVOSB Respondent must list their company contact information only on the IVOSB Subcontractor Commitment Form.

Failure to address these goals will not impact the evaluation of you Proposal. The Department may verify all information included on the IVOSB Subcontractor Commitment Form.

1 Points do not apply in a Negotiated Bid https://www.in.gov/idoa/

Prime Contractors must ensure that the proposed IVOSB subcontractors meet the following criteria:

• Must be listed on Federal Center for Veterans Small Business Certification VETCERT at https://veterans.certify.sba.gov/ under INDIANA, or listed at State of Indiana Certified IVOSB list at https://www.in.gov/idoa/, on or before the proposal due date

• Prime Contractor must include with their proposal the Subcontractor’s veteran business’s current certification status from VETCERT at https://veterans.certify.sba.gov/.

• IVOSB must have a Bidder ID

• Must provide goods or services only in the industry area for which it is certified as listed in the VETCERT federal registry, at https://veterans.certify.sba.gov/ under INDIANA or at State of Indiana Certified IVOSB list at https://www.in.gov/idoa/.

Specify the certified code on Attachment A1 that applies to the contract.

• Must be used to provide the goods or services specific to the award. Must be used to provide the goods or services specific to the award.

INDIANA VETERAN OWNED SMALL BUSINESS

SUBCONTRACTOR LETTER OF COMMITMENT

A signed letter(s), on company letterhead, from the IVOSB must accompany the IVOSB Subcontractor Commitment Form. Each letter shall state and will serve as acknowledgement from the IVOSB of its subcontract amount, a description of products and/or services to be provided on this project, and approximate date the Subcontractor will perform work on this contract.

By submission of the Bid Response, the Respondent acknowledges and agrees to be bound by the rules and requirements of the State’s IVOSB Program. Questions about those rules and requirements should be directed to IDOA at indianaveteranspreference@idoa.in.gov, (317) 232-3061, or https://www.in.gov/idoa/.

INDIANA VETERAN OWNED SMALL BUSINESS COMPLIANCE (IVOSB)

If awarded with IVOSB Subcontractor participation, the Respondent will be required to report payments made to IDOA certified Subcontractors under the Contract monthly using the online audit tool, commonly referred to as “Pay Audit.” The Contractor should also notify Subcontractors that they must confirm payments received from Contractor in Pay Audit. The Pay Audit system can be accessed on the IDOA Pay Audit System webpage at https://www.in.gov/idoa/.

https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://www.in.gov/idoa/ mailto:indianaveteranspreference@idoa.in.gov

Further, a copy of each Subcontractor agreement must be submitted to IDOA within thirty (30) days of the effective date of this award. The awards may be uploaded into Pay Audit, emailed to indianaveteranspreference@idoa.in.gov; or mailed to 402 W. Washington Street, Indianapolis IN 46204. Failure to provide a copy of any Subcontractor agreement or failure to meet these commitments could be considered a material breach of this Contract and result in sanctions.

Any changes to this information during the term of the award must be approved by IDOA at indianaveteranspreference@idoa.in.gov.

1.21 Americans with Disabilities Act

The Respondent specifically agrees to comply with the provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. and 47 U.S.C. 225).

1.22 Summary of Milestones

The following timeline is only an illustration of the solicitation process. Not all the dates below are binding.2 Due to the unpredictable nature of the evaluation period, these dates are commonly subject to change. At the conclusion of the evaluation process, all Respondents will be informed of the evaluation team’s findings.

Key Dates Activity Date

Issue of solicitation August 27, 2026

Deadline to Submit Written Questions September 11, 2026 by 3:00 PM Eastern Time

Response to Written Questions/Amendments September 16, 2026

Submission Due Date/Time September 30, 2026 by 3:00 PM Eastern Time

2 [1] Submission dates for Proposals, and Reference Check Forms to State ARE binding and not subject to change.

mailto:indianaveteranspreference@idoa.in.gov mailto:indianaveteranspreference@idoa.in.gov

The dates for the following activities are target dates only. These activities may be completed earlier or later than the date shown.

Proposal Evaluation October 01, 2026

Proposal Discussions/Clarifications (if necessary) October 02, 2026

Best and Final Offers (if necessary) October 05, 2026

Award Recommendation October 2026

1.23 Evidence of Financial Responsibility (25 IAC 1.1-1-5)

Removed at the request of the agency.

1.24 Conflict of Interest

Any person, firm or entity that assisted with and/or participated in the preparation of this solicitation document is prohibited from submitting a bid response to this specific solicitation.

For the purposes of this solicitation, a “person” means a State officer, employee, special State appointee, or any individual or entity working with or advising the State or involved in the preparation of this solicitation. This prohibition would also apply to an entity who hires, within a one-year period prior to the publication of this solicitation, a person that assisted with and/or participated in the preparation of this solicitation.

1.25 Ethics Obligations

The Respondent and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State, as set forth in Indiana Code § 4-2-6 et seq. and Indiana Code 4.2.7, the regulations promulgated thereunder, and Executive Order 04-08, dated April 27, 2004. If the Respondent is not familiar with these ethical requirements, the Respondent should refer any questions to the Indiana State Ethics Commission or visit the Indiana State Ethics Commission website at http://www.in.gov/ig/2335.htm. If the Respondent or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this or contract immediately upon notice to the contractor. In addition, the Respondent may be subject to penalties under Indiana Code § 4-2-6-12 and 4.2.7.

1.26 Procurement Protest Policy

The State’s procurement protest policy can be found at https://www.in.gov/idoa/files/ProcurementProtestPolicy.pdf. Per the policy, there are two periods of protest allowable for the solicitation:

• Specifications Protest - written letter of protest regarding inadequate, unduly restrictive, or ambiguous requirements or specifications must be received by IDOA by the close http://www.in.gov/ig/2335.htm https://www.in.gov/idoa/files/ProcurementProtestPolicy.pdf of business not less than ten (10) business days (as defined by the State work calendar) prior to the bid response due date.

• Award Recommendation Letter Protest - written letter of protest regarding the procurement methods and/or procedures used during the procurement process must be received by IDOA by the close of business within five (5) business days (as defined by the State work calendar) after the date of the Award Recommendation Letter.

Additional details as to the required content in the letter and the steps involved in a protest can be found in the State’s Procurement Protest Policy at https://www.in.gov/idoa/files/ProcurementProtestPolicy.pdf.

1.27 F.O.B. (Free on Board) Destination

The State requires all bids to be submitted based on F.O.B. destination.

Refusal to do so may lead to disqualification.

1.28 Open Competition

The specifications are intended to be nonrestrictive. Brand names and model numbers may be used but they are merely intended to be guidelines to establish criteria and quality for competitive bidding. Unless otherwise stated, alternate bids will be evaluated and may be acceptable if they can be verified as equal or better than specified as determined by the State.

All Respondents with alternate products shall submit detailed specifications with their bid.

1.29 Miscellaneous

Patents: The Contractor agrees to defend, at its own expense, the State of Indiana and the Using Agency and to hold it harmless with respect to any claims that the equipment furnished by the Contractor under this agreement infringes or allegedly infringes any patents of the United States and with respect to any and all suits, controversies, demands, and liabilities arising out of such claim; provided that the foregoing shall not apply to infringement resulting from Contractor’s use of a patented invention required to comply with the written instructions of the State, if such patented invention is not normally utilized by the Contractor , and provided that the State:

A. Gives the Contractor a prompt written notice of any claim; and B. Allows the Contractor to control and fully cooperates with the Contractor in the defense and all related settlement negotiations.

Obligation: Contractor’s obligation under the Patents Section is further conditioned on the State’s agreement that if the operation of the equipment becomes or, in the Contractor’s opinion, is likely to become the subject of such a claim, the State will permit Contractor, at its https://www.in.gov/idoa/files/ProcurementProtestPolicy.pdf option and expense, either to procure the right for the State to continue using the equipment or to replace or modify it so that it becomes non-infringing. However, if neither of the foregoing alternatives is reasonably available, the State will return the equipment upon written request by the Contractor. The Contractor agrees to grant the State credit for returned equipment as depreciated. The depreciation shall be an equal amount per year over the life of the equipment established by mutual agreement of the State of Indiana and the Contractor.

SECTION TWO

PROPOSAL PREPARATION INSTRUCTIONS

2.1 General

To facilitate the timely evaluation of proposals, a standard format for proposal submission has been developed and is described in this section. All Respondents are required to format their proposals in a manner consistent with the guidelines described below:

Proposals will be disqualified if received after 1.22 Summary of Milestones, Due Date.

Each item must be addressed in the Respondent’s proposal.

The Executive Summary must be in the form of a letter.

Each item, Executive Summary, and attachments must be separate standalone electronic files. Please do not submit your proposal as one large file.

A Bidder ID is a required. See 1.7 Due Date for Bid Responses.

Please submit all attachments in their original format. Any attempt to manipulate the format of the documents that deviates from the current format will put your proposal at risk of disqualification.

Confidential Information must also be clearly indicated in Attachment E, Attestation Form and a redacted file provided (See 1.13 Confidential Information).

2.2 Executive Summary

The Executive Summary must address the following topics except those specifically identified as “optional.” The Executive Summary is to be attached to the Submission Form by the response due date and Eastern time.

2.2.1 Summary of Ability and Desire to Supply the Required Products or Services

The Executive Summary must briefly summarize the Respondent’s ability to supply the requested products and/or services that meet the requirements defined in Section One of this solicitation.

2.2.2 Signature of Authorized Representative

A person authorized to commit the Respondent to its representations and who can certify that the information offered in the proposal meets all general conditions, must sign the Executive Summary. In the Executive Summary, please indicate the principal contact for the proposal along with an address, telephone, and e-mail address, if that contact is different than the individual authorized for signature.

2.2.3 Respondent Notification

Unless otherwise indicated in the Executive Summary, Respondents will be notified via e-mail.

It is the Respondent’s obligation to notify the State of any changes in any address that may have occurred since the origination of this solicitation. The State will not be held responsible for incorrect vendor, contractor, or respondent addresses.

2.2.4 Secretary of State

The Respondent shall indicate their status with respect to the Office of the Indiana Secretary of State.

2.2.5 Other Information

This item is optional. Any other information the Respondent may wish to briefly summarize will be acceptable.

2.2.6 Contract Terms/Clauses

A sample contract that the State expects to execute with the successful Respondent(s) is provided in Attachment B. This contract contains mandatory clauses. Mandatory clauses are listed below and are non-negotiable. Other clauses are substantively required. It is the State’s expectation that the final contract will be substantially similar to the sample contract provided in Attachment B.

Please review the contract and indicate per Attachment E, your acceptance of mandatory contract clauses. If a non-mandatory clause is not acceptable as worded, suggest specific alternative wording to address issues raised by the specific clause in Attachment E. If you require additional contract terms, please include them in this section. To reiterate it’s the State’s strong desire to not deviate from the contract provided in the attachment and as such the State may reject all requested changes.

The mandatory contract terms are as follows:

• Agreement to Use Electronic Signatures

• Authority to Bind Contractor

• Compliance with Laws

• Drug-Free Workplace Certification

• Employment Eligibility Verification (E-Verify)

• Funding Cancellation

• Governing Law

• Indemnification

• Information Technology Enterprise Architecture Requirements

• Nondiscrimination Clause

• Penalties/Interest/Attorney’s Fees

• Renewal Option

• Termination for Convenience

• Non-Collusion and Acceptance

The substantively required terms are as follows:

• Duties of Contractor, Consideration, and Term of Contract

• Ownership of Documents and Materials

• Payments

This solicitation and all portions of the Respondent’s response will be incorporated as part of the final contract.3

2.2.7 Registration to do Business

Secretary of State

3 The contracting agency will make the determination during contract negotiations whether proposed alternative language is acceptable. Proposed alternative language is not automatically accepted. The agency has the option to decline proposed language. Inability for the agency and the awardee(s) to agree to terms could jeopardize the contract and end the negotiations.

Respondents providing the products and/or services required by this solicitation must be registered to do business within the State by the Indiana Secretary of State. This process must be concluded prior to contract negotiations with the State. It is the successful Respondent’s responsibility to complete the required registration with the Secretary of State at www.in.gov/sos. The Respondent must indicate the status of registration, in the Executive Summary.

Department of Administration, Procurement Division To complete the on-line Bidder registration, go to the Bidder Profile Registration website at https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/.

The Bidder registration offers email notification of upcoming solicitation opportunities, corresponding to the Bidder’s area(s) of interest, selected during the registration process. Respondents need to be registered to submit a proposal. Completion of the Bidder registration will result in your name being added to the Bidder’s Database, for email notification. The Bidder registration requires some general business information, an indication of the types of goods and services you can offer the State of Indiana, and locations(s) within the state that you can supply or service. There is no fee to be placed in Procurement Division’s Bidder Database.

2.2.8 Authorizing Document

A person authorized to commit the Respondent to its representations and who can certify that the information offered in the bid response meets all general conditions must sign the Executive Summary, please indicate the principal contact for the proposal along with an address, telephone number, and e-mail address, if that contact is different than the individual authorized for signature.

Additionally, the Company’s Bidder ID #, FEIN, Type of Business (i.e., Corporation, Sole Proprietor, LLC), and North American Industry Classification System (NAICS) Code should all be included in the Executive Summary.

2.2.9 Diversity Subcontractor Agreements

a. Per Section 1.20 Indiana Veteran Owned Small Business Subcontractor

(IVOSB), explain process followed to engage with potential IVOSB owned, Indiana certified businesses listed on IDOA site. List the businesses invited to discuss the opportunity for potential partnership.

b. If not proposing IVOSB subcontractor partnership, explain the rationale for declining to do so.

http://www.in.gov/sos https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/ https://www.in.gov/idoa/procurement/supplier-resource-center/requirements-to-do-business-with-the-state/bidder-profile-registration/

2.2.10 Evidence of Financial Responsibility

Removed at the request of the agency.

2.2.11 General Information

Each Respondent must enter your company’s general information including contact information.

a. Does your Company have a formal disaster recovery plan? Please provide a yes/no response. If no, please provide an explanation of any alternative solution your company has to offer. If yes, please note and include as an attachment.

b. What is your company’s technology and process for securing any State information that is maintained within your company?

2.2.12 Experience Serving State Governments

Each Respondent is asked to please provide a brief description of your company’s experience in serving state governments and/or other governmental bodies.

2.2.13 Experience Serving Similar Clients

Each Respondent is asked to please describe your company’s experience in serving clients of a similar size to the State that also had a similar scope. Please provide specific clients and detailed examples.

2.2.14 Payment

Respondent should be able to accept payment by credit card as an optional form of payment but should be able to accept other forms of payment from the State as well. In the Respondent’s proposal, the Respondent should agree to accept any credit card-user handling fees associated with acceptance of the State’s Purchasing Card. Please demonstrate how your company will meet this requirement of accepting payment by credit card as the only form of payment if the State chooses to implement this policy.

2.3 Cost Proposal

The Cost Proposal Template is Attachment C.

The Cost Proposal must be submitted in the original format. Any attempt to manipulate the format of the Cost Proposal document, attach caveats to pricing, or submit pricing that deviates from the current format will put your bid response at risk.

Unit price must be entered and extended, and the total price of the bid must be shown. Unit prices are to be bid based on the unit specified. If there is an error between the unit price and total price, the unit price shall prevail. Awarded Prices: Prices listed for each item are firm and cannot be changed.

2.4 Attestation Form

The Attestation Form is Attachment E. This is the formal declaration of responses to the following as well as to the additional areas cited within Attachment E as it relates to this solicitation. Attachment E, Attestation Form is to be attached to the Submission Form due on the Submission Form due date and Eastern time.

2.4.1 Buy Indiana Initiative (Indiana Business Preference)/Indiana Company

It is the Respondent’s responsibility to confirm its Buy Indiana status for this portion of the process Go to the Buy Indiana website at https://www.in.gov/idoa/2467.htm

Respondents not previously registered with IDOA must go to the Buy Indiana website at https://www.in.gov/idoa/2467.htm and follow the steps outlined in the paragraph above to certify your business’ status. The Respondent’s Buy Indiana status must be finalized when the solicitation response is submitted to the State.

Respondent must clearly indicate whether they intend to claim in Attachment F.

When applying to Buy IN status, be sure to allow sufficient time to complete this process, at least twenty (20) business days.

Buy Indiana must be affirmatively claimed in the Attestation Form, Attachment E.

2.4.2 Indiana Preferences

https://www.in.gov/idoa/2467.htm https://www.in.gov/idoa/2467.htm a). Pursuant to IC 5-22-15-7, Respondent may claim only one (1) preference.

Respondent must clearly indicate which preference(s) they intend to claim in Attachment F b). However, IC 5-22-15-26, may be claimed in addition to other preferences in this IC chapter (IC 5-22-15).

2.4.4 Subcontractors

The Respondent is responsible for the performance of any obligations that may result from this solicitation and shall not be relieved by the non-performance of any subcontractor. Respondent’s proposal must identify all subcontractors including those not submitted in Attachment A1 and describe the contractual relationship between the Respondent and each subcontractor. Either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal.

Any subcontracts entered into by the Respondent must be in compliance with all State statutes and will be subject to the provisions thereof. For each portion of the proposed products or services to be provided by a subcontractor, the Attestation Form must include the identification of the functions to be provided by the subcontractor and the subcontractor’s related qualifications and experience.

The combined qualifications and experience of the Respondent and any or all subcontractors will be considered in the State’s evaluation. The Respondent must furnish information to the State as to the amount of the subcontract, the qualifications of the subcontractor for guaranteeing performance, and any other data that may be required by the State. All subcontracts held by the Respondent must be made available upon request for inspection and examination by appropriate State officials, and such relationships must meet with the approval of the State.

The Respondent must list any subcontractor’s name, address, and the state in which formed that are proposed to be used in providing the required products or services. The subcontractor’s responsibilities under the proposal, anticipated dollar amount for subcontract, the subcontractor’s form of organization, and an indication from the subcontractor of a willingness to carry out these responsibilities are to be included for each subcontractor. This assurance in no way relieves the Respondent of any responsibilities in responding to this solicitation or in completing the commitments documented in the proposal. The

Respondent must indicate which, if any, subcontractors qualify as a Veteran Owned Small Business under IC 4-13-16.5-1 and IC 5-22-14-3.5. See Section 1.20 and Attachment A1 for Veteran Business information.

IVOSB entities (whether a prime or subcontractor) must have a Bidder ID. If registered with IDOA, this should have already been provided. IVOSBs that are only registered with the Federal Center for Veterans Business Enterprise will need to ensure that they also have a Bidder ID provided by IDOA.

SECTION THREE

PROPOSAL EVALUATION

3.1 Bid Response Evaluation Procedure

The procedure for evaluating the bid responses against the evaluation criteria will be as follows:

3.1.1 Each bid response will be evaluated for adherence to mandatory requirements per Section 3.2, Step 1, on a pass/fail basis. Bids that are incomplete or otherwise do not conform to proposal submission requirements may be eliminated from consideration. Further, any proposals not meeting the Mandatory Requirements listed in Section 3.2 and Step 1 may be disqualified.

3.1.2 The bid responses that meet all specifications and mandatory requirements, as provided in the solicitation, will then be evaluated based on the “unit price” for each line item in Attachment C. However, the State reserves the right to award based on the “Total Annual Estimated Cost” calculated in Attachment C, if it is determined that a single vendor would offer the best means of serving the State.

3.1.3 Awardee is based upon the lowest evaluation amount.

3.1.4 Based on the results of this evaluation, the qualifying proposal determined to be the most advantageous to the State, may be selected. If, however, no proposal is sufficiently advantageous to the State, the State may take whatever further action is deemed necessary to fulfill its needs. If, for any reason, a proposal is selected and it is not possible to finalize a contract with the Respondent, the State may begin contract preparation with the next qualified Respondent or determine that no such alternate proposal exists.

3.2 Evaluation Criteria

Proposals will be evaluated based upon the proven ability of the Respondent to satisfy the requirements of the solicitation in a cost-effective manner. Each of the evaluation criteria categories is described below with a brief explanation of the basis for evaluation in that category.

All proposals will be evaluated using the following approach.

Step 1

In this step proposals will be evaluated to ensure that they adhere to Mandatory Requirements.

The Mandatory Requirements are:

• Executive Summary

• Attachment D Bid Cost Template

• Attachment E Attestation Form

Any bids not meeting the Mandatory Requirements will be disqualified.

Step 2

If the State conducts additional rounds of discussions and a BAFO, then scores will be recomputed.

As per 1.11, the State reserves the right to award based on initial bid responses received.

Therefore, each bid response should contain the Respondent’s best terms from a price and technical standpoint.