Stream Mitigation Credits - IFB 2.docx

The contract resulting from this Invitation for Bid (IFB) may be awarded to multiple Vendors to fulfill up to the total maximum mitigation credits requested. Vendors may bid with the number of credits they have available; an individual bid may be partially awarded to reach the maximum. Awards will be made starting from the lowest price per credit, only moving on to next lowest price per credit until maximum number of requested credits are awarded.

For example: the Department needs 5 credits, Vendor A has 3 credits and Vendor B has 4 credits. Vendor A being the lowest bidder will be awarded for 3 credits and Vendor B having the next lowest bid will be awarded 2 credits.

*Quantities on the example do not reflect the actual amount requested. Please refer to BidBuy for the number of credits being requested by IDOT.

The Illinois Department of Transportation (IDOT), District 1 (“Agency” or “State”) requests Bids from responsible vendors to meet its needs. A brief description is set forth below for Bidder’s convenience, with detailed requirements in subsequent sections of this solicitation. If interested and able to meet these requirements, the State appreciates and welcomes a Bid.

Brief Description:

The Department seeks to procure Stream Mitigation Bank Credits. The Vendor must provide required stream mitigation credits to meet stream impact mitigation permit requirements dictated by the US Army Corps of Engineers (USACE) regulating "waters of the U.S." under Section 404 of the Clean Water Act.

The resulting contract with the awarded Bidder for a one-time purchase and shall expire December 31, 2024. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions exceed ten (10) years. 30 ILCS 500/20-60. Subject to the maximum total term limitation, there is no renewal option.

Please read the entire solicitation package and submit a Bid for evaluation in accordance with the instructions. All forms and signature areas contained in the solicitation package should be completed in full and submitted along with the price proposal which will constitute the Bid. Bidders should keep the instructions and a copy of their bids for future reference.

Vendor Disclosure (formerly named Forms A), IPG Active Registered Vendor Disclosure (formerly named Forms B) may be downloaded from the Chief Procurement Officer for General Service’s website at https://cpo-general.illinois.gov/solicitation-and-contract-templates.html. Business Enterprise Program/Veterans Small Business Program Utilization Plan may be downloaded from the Commission on Equity and Inclusion’s website at https://cei.illinois.gov/business-enterprise-program/compliance.html. These sections are a material part of this solicitation and must be returned when applicable with a Bidder’s Bid.

STATE OF ILLINOIS

INVITATION FOR BID

Illinois Department of Transportation Stream Mitigation Credits, Upper Mississippi River B-41002 / 24-D1Stream-R-19368

Bids that do not adhere to form and content of the Invitation for Bid requirements may not be considered.

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not discriminate in employment, contracts, or any other activity.

The State of Illinois encourages prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center, in appropriate circumstances.

State of Illinois IFB Title Page V.24.1

SECTION 1.

Part Instructions and General Information A.

SECTION 2.

Offer to the State of Illinois B.

SECTION 3.

Exceptions to Solicitation and Contract Terms and Conditions C.

CONTRACT

STATE OF ILLINOIS

OUTLINE

State of Illinois IFB

OUTLINE V.24.1

Vendor Disclosure (formerly named FORMS A) Complete this form if you are not using a State of Illinois Vendor Registration Number which represents registration in the Illinois Procurement Gateway (IPG).

IPG Active Registered Vendor Disclosure (formerly named FORMS B) Complete this form if you are using an active State of Illinois Vendor Registration Number.

To ensure that you are registered in the IPG, search for your business name in the IPG Registered Vendor Directory. If your company does not appear in the search results, then you are not registered in the IPG.

SECTION 1. INSTRUCTIONS AND GENERAL INFORMATION

Only Electronic Submissions through BidBuy of Bids and Offers will be Accepted

Bidders and Offerors are required to submit their response to the State’s solicitation through BidBuy. Any information sent to the State outside of BidBuy, for example by US Mail, FedEx, UPS, e-mail, or hand delivery, will neither be accepted nor considered. Vendor submissions will only be considered if they are received through BidBuy and on or before the time and date indicated in the Bid Opening section within the solicitation. Any required attachments must be submitted via BidBuy.

Documents shall be submitted in an electronic format that can be accessed and read using Microsoft Office or Adobe Reader. Corrupted files shall not be considered. It is the responsibility of the vendor to ensure that files are accessible and legible after uploading.

The vendor is solely responsible for ensuring timely submission of their electronic solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance from the State is required, places the vendor and their bid, offer or response at risk of not being accepted.

It is recommended that you access your BidBuy account prior to the solicitation due date and time to make sure that your company’s information is up-to-date and your password is current. Files may be uploaded at any time prior to submission.

File size may impact the uploading and downloading speed and may lead to browser time-outs resulting in failed upload/download attempts. Please consider this dependency when attaching very large documents.

The State encourages vendors to make sure that their BidBuy account is up-to-date.

CONFLICT BETWEEN INFORMATION IN ELECTRONIC DOCUMENTS AND ON BIDBUY: If the State provides information in electronic documents (i.e. the IFB and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in electronic documents is presumed to represent the State’s intent. If the Bidder provides information in electronic documents that is different or in conflict with the information the Bidder provides in BidBuy through their Seller Account, then the information in electronic documents shall represent the Bidder’s intended submission.

HOW TO ENTER INFORMATION: Type information in the text form fields provided. Text form fields are indicated by the instruction “Click here to enter text.” in red font. If the information requested does not apply to the Bidder’s situation, then enter “N/A” into the text form field. Please enter the requested information or N/A into every red text field. Please note that the CONTRACT section of this solicitation may be used as the contract between the State of Illinois and the awarded vendor. If used, then the Financial Disclosures and Conflicts of Interest, Disclosure of Business Operations in Iran, and Illinois Standard Certifications provided in the Vendor Disclosure or the Illinois Procurement Gateway, and certifications and disclosures provided in the IPG Active Registered Vendor Disclosure (if applicable) will become a material part of the contract.

PUBLISHED PROCUREMENT INFORMATION: The State publishes procurement information, including solicitations, awards, and amendments, on the General Services Illinois Procurement Bulletin, referred to as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Bidder is responsible for monitoring the Bulletin. The State will not be held responsible if Bidder fails to receive the optional e-mail notice of future amendments to the solicitation.

INFORMATION CONTACT: The individual listed in the “Info Contact:” on the Bulletin posting shall be the single point of contact for this solicitation. Unless otherwise directed, Bidders should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any bid with any State officer or employee other than the Information Contact.

BIDDER QUESTIONS AND AGENCY RESPONSE: All questions, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact, Omolara.Erewele@illinois.gov no later than 7 days prior to the bid opening date. Questions received and Agency responses may be posted as an Amendment to the original solicitation on the Bulletin; only these posted answers to questions shall be binding on the State. Bidders are responsible for monitoring the Bulletin.

PRE-SUBMISSION CONFERENCE

In the Bulletin posting, the Agency may schedule a Pre-Submission Conference as the “Pre-Bid Conference:”.

Is attendance at the Pre-Submission Conference mandatory? |_| Yes |X| No If attendance is mandatory, Bidder (current Vendor included) will be disqualified and considered non-responsive if Bidder does not attend, is not on time, leaves early or fails to sign the attendance sheet. Bidder must allow adequate time to accommodate security screenings at the site.

BID DUE DATE, TIME, AND ADDRESS FOR SUBMISSION OF BIDS: Each solicitation contains the Bid Due Date and Time appearing as the “Bid Opening Date:” on the Bulletin posting. Bids will be opened in BidBuy on the “Bid Opening Date:”

A.7.1 Bid Firm Time: Vendor’s Bid must remain firm for 180 days from opening.

SECURITY: Bid Bond $N/A Performance Bond $N/A. If a bid bond is required, Bidder must submit the bid bond with the Bid. If a performance bond is required, Bidder must submit the performance bond to the solicitation contact within ten (10) days after contract execution. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to the State.

SMALL BUSINESS SET-ASIDE: In the Bulletin posting, if “Yes” is shown to the question “Is this subject to Small Business Set-Aside?”, then Bidder must be qualified by the Small Business Set-Aside Program at the time bids are due in order for the Bid to be evaluated. For complete requirements and to qualify Bidder’s business in the Small Business Set-Aside Program, visit the CPO’s website at https://cpo-general.illinois.gov/sell-2-illinois.html.

MINORITY CONTRACTOR INITIATIVE: The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any bidder awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

PROCUREMENT OF DOMESTIC PRODUCTS: It is the policy of the State of Illinois to use State procurements to maximize the use of goods, products, and materials produced in Illinois. 30 ILCS 517. If this procurement is for a product alone and does not include a service, then preference shall be given to a product manufactured in the United States.

A vendor must affirmatively declare at the time they submit their bid or offer that the product being proposed to the State is manufactured in the United States. The purchasing agency may request documentation verifying the product’s manufacturing origin. The purchasing agency shall purchase the product manufactured in the United States unless the agency determines that any of the following applies: (1) the procured product is not manufactured in the United States in reasonably available quantities, or (2) the price of the procured product manufactured in the United States exceeds the price of available and comparable procured products manufactured outside of the United States by 12% or more, or (3) the quality of the procured product manufactured in the United States is substantially less than the quality of the comparably priced, available, and comparable procured products manufactured outside of the United States, or (4) the purchase of the procured products manufactured outside of the United States better serves the public interest by helping to protect or save life, property, or the environment, or (5) the purchase of the procured product is made in conjunction with contracts or offerings of telecommunications, fire suppression, security systems, communications services, Internet services, or information services, or (6) the purchase is of pharmaceutical products, drugs, biologics, vaccines, medical devices used to provide medical and health care or treat disease or used in medical or research diagnostic tests, and medical nutritionals regulated by the Food and Drug Administration under the federal Food, Drug and Cosmetic Act.

FEDERAL FUNDS: The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of the goods and/or services involved which are Federally funded and the dollar amount of such Federal funds will be disclosed.

EMPLOYMENT TAX CREDIT: Bidders who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits.

GOVERNING LAW AND FORUM: Illinois law and rules govern this solicitation and any resulting contract. Bidder must bring any action relating to this solicitation in the appropriate court in Illinois. This document contains statutory references designated with “ILCS.” Bidder may view the full text at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 Ill. Adm. Code Part 1 are applicable to this solicitation and may be respectively viewed at http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7 and http://www.ilga.gov/commission/jcar/admincode/044/044parts.html.

PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIAL TREATMENT: Bids become the property of the State. All bids will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Bidder requests in its Bid that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Bids confidential. Bidders must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Bidder’s name, the substance of the Bid, and the price.

If Bidder requests confidential treatment, Bidder must submit additional attachment/attachments of the Bid with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed and shall retain as much of the Bid as possible. In a separate attachment, Bidder shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure.

Bidder will hold harmless and indemnify the State for all costs or damages associated with the State defending Bidder’s request for confidential treatment. Bidder agrees that the State may copy the Bid to facilitate evaluation, or to respond to requests for public records. Bidder warrants that such copying will not violate the rights of any third party.

RESERVATIONS: Bidder must read and understand the solicitation and tailor the Bid and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all bids, award by item, group of items, or grand total, and waive minor defects. The State may request a clarification, inspect Bidder’s premises, interview staff, request a presentation, or otherwise verify the contents of the Bid, including information about subcontractors and suppliers. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code (30 ILCS 500/), associated administrative rules and other applicable State and Federal statutes and regulations. This competitive process may require that the Bidder provide additional information or otherwise cooperate with the State. If a bidder does not comply with requests for information or cooperate, the State may reject the bid as non-responsive to the solicitation. Submitting a bid does not entitle the Bidder to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any bid. Awarded vendor(s) shall not commence and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

AWARD: The State is not obligated to award a contract pursuant to this solicitation. If the State issues an award, the award will be made to the responsive and responsible bidder who submits the lowest price. The State will post a notice to the Bulletin identifying the apparent low-cost bidder. The State may accept or reject a bidder’s bid as submitted or may require contract negotiations. If negotiations do not result in an acceptable agreement, the State may reject the bidder’s bid and begin negotiations with another bidder. Awards are not final until all protests are resolved.

INVOICING ADDRESS: The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. The Bulletin posting contains the “Bill-to Address:” where invoices should be sent.

Vendor shall not bill for any taxes unless accompanied by proof the State is subject to the tax. If necessary, Vendor may request the applicable Agency’s Illinois tax exemption number and Federal tax exemption information.

PROTEST REVIEW OFFICE: Bidders may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 Ill. Adm. Code 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual bids or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office information is as follows:

Chief Procurement Office for General Services Email: CPOGS.PRO@illinois.gov Attn: Protest Review Office 300 W. Jefferson St, Suite 128 Springfield, IL 62702 EVALUATION PROCESS: The State evaluates three categories of information: Responsibility, Responsiveness, and Price. The State will consider the information provided and the quality of that information when evaluating the bidder’s bid. If the State finds a failure or deficiency, the State may reject the bid or reflect the failure or deficiency in the evaluation.

A.20.1 RESPONSIVENESS: A responsive bidder is one who submits a bid that conforms in all material respects to the Invitation for Bid, and includes all required forms. Required forms may include, but may not be limited to:

A.20.1.1 Subcontractor Disclosure: If the Bid includes any subcontractors, then Bidder shall provide the names and addresses of subcontractors in the CONTRACT, Part 1.6.

A.20.1.2 If completing IPG Active Registered Vendor Disclosure (formerly Forms B), then responsiveness may include and may not be limited to:

· Active Illinois Procurement Gateway registration # with expiration date

· Disclosure of lobbyists for Bidder and parent entity(ies)

· Disclosure of pending and current contracts

· Certifications timely to this solicitation A.20.1.3 If completing Vendor Disclosure (formerly named Forms A), required forms may include and may not be limited to:

· Business and Directory Information: Bidder should complete and return the Business and Directory Information form in Vendor Disclosure, Part 1.

· Illinois Department of Human Rights Public Contracts Number: Bidder shall complete and return the IDHR Public Contracts Number form in Vendor Disclosure, Part 2.

· Authorized to Transact Business or Conduct Affairs in Illinois: A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity prior to submitting a bid and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. For more information, see Authorized to Transact Business or Conduct Affairs in Illinois in Vendor Disclosure, Part 3.

· Illinois Standard Certifications: Offeror shall complete and return the Illinois Standard Certifications form in Vendor Disclosure, Part 4.

· State Board of Elections Registration: Vendor or Bidder may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Vendor Disclosure, Part 5.

· Disclosure of Business Operations with Iran: Offeror should complete and return the Disclosure of Business Operations with Iran form in Vendor Disclosure, Part 6.

· Financial Disclosures and Conflicts of Interest: Bidder shall complete and return the Financial Disclosures and Conflicts of Interest form in Vendor Disclosure, Part 7, or in the Illinois Procurement Gateway.

· Taxpayer Identification Number: Bidder shall complete and return the Taxpayer Identification form in Vendor Disclosure, Part 8.

A.20.1.4 The State will determine whether the Bid meets the stated requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no bidder meets a particular requirement, the State may waive that requirement.

A.20.1.5 When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered with proof the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.

A.20.1.6 The State will determine whether Bids complied with the instructions for submitting bids. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that a bidder correct deficiencies as a condition of further evaluation.

A.20.2 RESPONSIBILITY: A responsible Bidder is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Bidder is a “responsible” bidder; a bidder with whom the State can or should do business. For example, the State may consider the following:

A.20.2.1 A “prohibited bidder” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, goods or services after providing the State with a demonstration of the developing technology, goods, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code (30 ILCS 500/) or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies (30 ILCS 500/50-10.5).

A.20.2.2 Other factors that the State may evaluate to determine responsibility include, but are not limited to: political contributions, certifications, conflict of interest, financial disclosures, taxpayer identification number, past performance in business or industry, references (including those found outside the offer,) compliance with applicable laws, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages if required by law, capacity to produce or sources of supply, and the ability to provide required maintenance service or other matters relating to the bidder’s ability to deliver in the quality and quantity within the time and price as specified in this solicitation.

A.20.2.3 Awarded bidders must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. The State may require a performance bond if, in the opinion of the State, it ensures performance of the contract. The State may terminate the contract, consistent with the termination for cause provision of the contract, if the vendor lacks the financial resources to perform under the contract.

A.20.2.4 The State may require that a bidder correct any deficiencies as a condition of further evaluation.

A.20.3 PRICE: The State identifies the lowest priced bidder that meets responsibility and responsiveness requirements. The State ranks bids in order of price when appropriate.

BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Offer non-responsive. 30 ILCS 575/4(f). All questions regarding the subcontracting goal must be directed to the Agency Business Enterprise Program (BEP) Liaison prior to submission of bid.

BEP Liaison: Megan Seitzinger Goal: 0% Phone Number: (217) 782-5360 Email Address: Megan.Seitzinger@illinois.gov Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified as BEP vendors prior to the Bid Opening Date. Go to https://cei.illinois.gov/ for complete requirements for BEP certification. Go to https://ceibep.diversitysoftware.com/ to search for certified BEP vendors.

VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of bid.

Veteran Small Business Liaison: N/A Phone Number: N/A Email Address: N/A Businesses included in Utilization Plans as meeting Veteran Owned Small Business (VOSB) and Service Disabled Veteran Owned Small Business (SDVOSB) requirements as prime vendors or subcontractors must be certified as VOSB or SDVOSB vendors prior to Bid opening date. Go to https://cei.illinois.gov/veterans-business-program.html for complete requirements for VOSB or SDVOSB certification. Go to https://ceibep.diversitysoftware.com/ to search for certified VOSB and SDVOSB vendors.

BIDBUY TERMINOLOGY AND GUIDANCE: BidBuy is an online e-procurement system. There may be some difference between the procurement terminology used in this solicitation and the terms used in BidBuy. Please learn more about BidBuy by accessing the online resources found here:

https://pathway2procurement.illinois.gov/

-END OF INSTRUCTIONS

STATE OF ILLINOIS

INSTRUCTIONS AND GENERAL INFORMATION

State of Illinois IFB Section 1. Part A. Instructions and General Information V.24.1

SECTION 2. OFFER TO THE STATE OF ILLINOIS

Project Title / BidBuy Reference #: Stream Mitigation Credits, Upper Mississippi River - B-40598 / 24-D1Stream-R-19368 The undersigned authorized representative of the identified Bidder hereby submits this Offer to the State of Illinois to perform in full compliance with the subject solicitation. By completing and signing this form, Bidder makes an Offer to the State of Illinois that the State may accept.

Bidder should use this Form as a final checklist to ensure that all required documents are completed and included with the Bid. Bidder must mark each blank below as appropriate; mark N/A when a section is not applicable to this solicitation. Bidder understands that failure to meet all requirements is cause for disqualification.

B.1 SOLICITATION AND CONTRACT REVIEW: Bidder has reviewed the Solicitation and Contract, including all referenced documents and instructions, filled in all relevant blanks, and provided any requested information.

|_| Yes |_| No B.2 ADDENDA: Bidder has taken into account any and all addenda to the solicitation in making this Bid.

|_| Yes |_| No |_| N/A B.3 PRE-SUBMISSION CONFERENCE: If attendance was mandatory, Bidder attended the Pre-Submission Conference.

|_| Yes |_| No |_| N/A B.4 BID SUBMISSION: Bidder is submitting the correct Attachments, properly labeled by the due date and time.

|_| Yes |_| No B.5 VENDOR DISCLOSURE (formerly named FORMS A) or IPG ACTIVE REGISTERED VENDOR DISCLOSURE (formerly named FORMS B): Bidder is properly submitting either Vendor Disclosure or IPG Active Registered Vendor Disclosure, but not both.

|_| Yes |_| No B.6 BOND: If applicable, Bidder has submitted its Bid Bond or Performance Bond.

|_| Yes |_| No |_| N/A B.7 SMALL BUSINESS SET-ASIDE: Bidder is a qualified small business in the Small Business Set-Aside Program at the time Bids are due.

|_| Yes |_| No |_| N/A B.8 BidBuy Quote Attachment 1 – CONTRACT |_| Yes |_| No

B.9 BidBuy Quote Attachment 2 – OFFER |_| Yes |_| No

B.10 BidBuy Quote Attachment 3 – Vendor Disclosure (formerly FORMS A)

B.11 BidBuy Quote Attachment 4 – IPG Active Registered Vendor Disclosure (formerly FORMS B)

B.12 BidBuy Quote Attachment 5 – BEP UTILIZATION PLAN

B.13 BidBuy Quote Attachment 6 – VSB UTILIZATION PLAN

B.14 CONTRACT SIGNATURE

Bidder has signed and filled out all Vendor information on the CONTRACT SIGNATURES page.

|_| Yes |_| No

B.15 SUBCONTRACTING

Bidder has indicated if subcontractors will be used and provided all requested information.

|_| Yes |_| No |_| N/A

B.16 LOCATION OF PERFORMANCE

Bidder has provided the location and known or anticipated value of services to be performed.

|_| Yes |_| No |_| Yes |_| No |_| N/A

B.17 PRICING

Bidder has completed the PRICING part of the CONTRACT.

|_| Yes |_| No

B.18 EXCEPTIONS

In preparing the Bid, Bidder has taken (check one box below):

|_| No Exceptions |_| Exceptions to the State’s language or requirements; Exceptions must be provided on the State’s form (Section 3, Part C.1) or must be in a substantially similar format. The State discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of Bidder’s Bid.

B.19 REQUEST FOR CONFIDENTIAL TREATMENT

Bidder has supplied an additional copy of the Bid with confidential information deleted. In the event the designation of confidentiality of this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the State harmless for any costs or damages arising out of the State agreeing to withhold the materials based on Bidder’s request.

|_| No, Bidder is not requesting confidential treatment for this Bid |_| Yes, Bidder is seeking confidential treatment for portions of this Bid

B.20 PREFERENCES

The Illinois Procurement Code provides various preferences to promote business opportunities in Illinois.

Does Bidder make any claims for preferences? If so, please mark the applicable preference(s) and include the list of items that qualify for the preference at the end of this section and a description of why the preference applies. The State reserves the right to determine whether the preference indicated applies to Bidder.

|_| Resident Bidder (30 ILCS 500/45-10) |_| Recycled Supplies (30 ILCS 500/45-20) |_| Recyclable Paper (30 ILCS 500/45-25) |_| Environmentally Preferable Supplies or Services (30 ILCS 500/45-26) |_| Illinois Correctional Industries (30 ILCS 500/45-30) |_| Not-for-Profit Agencies for Persons with Significant Disabilities (30 ILCS 500/45-35) |_| Gas Mileage (30 ILCS 500/45-40) |_| Small Businesses (30 ILCS 500/45-45) |_| Illinois Agricultural Products (30 ILCS 500/45-50) |_| Corn-Based Plastics (30 ILCS 500/45-55) |_| Veterans (30 ILCS 500/45-57) |_| Vehicles Powered by Agricultural Commodity-Based Fuel (30 ILCS 500/45-60) |_| Public Purchases in Other State (30 ILCS 520) |_| Illinois Mined Coal Act (30 ILCS 555) |_| Steel Products Procurement (30 ILCS 565) |_| Veteran’s Preference (330 ILCS 55) |_| Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575) |_| Procurement of Domestic Products (30 ILCS 517) To claim the Domestic Product preference, vendor must enter "Domestic Product" in the Alternate Description field of each line item (product) for which you claim the preference.

|_| Proposed product is manufactured in Illinois (30 ILCS 517) |_| Bio-based Products (30 ILCS 500/45-75) |_| Local Food, Farms, and Jobs Act (30 ILCS 595/)

Items that Qualify and Explanation: Click here to enter text

Signature of Authorized Representative:

Printed Name of Authorized Representative:

Bidder’s Name: Click here to enter text Date: Click here to enter a date.

STATE OF ILLINOIS

OFFER TO THE STATE OF ILLINOIS

State of Illinois IFB Section 2. Part B. Offer to the State of Illinois V.24.1

SECTION 3.

C. EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

Click here to enter text agrees with the terms and conditions set forth in the State of Illinois Invitation for Bid, including the standard terms and conditions, the Agency supplemental provisions, certifications, and disclosures, with the following exceptions:

Excluding certifications required by statute to be made by the Vendor, both Parties agree that all of the duties and obligations that the Vendor owes to the Agency for the work performed shall be pursuant to the solicitation and resulting contract, and Vendor’s exceptions accepted by the State thereto as set forth below.

STANDARD TERMS AND CONDITIONS

ADDITIONAL VENDOR TERMS AND CONDITIONS

Click here to enter text hereby agrees to the exceptions provided by Click here to enter text and to the Additional Terms and Conditions provided by Click here to enter text.

EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

State of Illinois IFB Section 3. Part C. Exceptions to Solicitation and Contract Terms and Conditions V.24.1 The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

Contract includes BidBuy Purchase Order? (The Agency answers this question prior to contract filing.)

☐ Yes ☐ No Contract uses Illinois Procurement Gateway Certifications and Disclosures?

☐ Yes (IPG Certifications and Disclosures including IPG Active Registered Vendor Disclosure) ☐ No

1. DESCRIPTION OF SUPPLIES AND SERVICES

2. PRICING

3. TERM AND TERMINATION

4. STANDARD BUSINESS TERMS AND CONDITIONS

5. STATE SUPPLEMENTAL PROVISIONS

6. STANDARD ILLINOIS CERTIFICATIONS

7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST

8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES – “IPG Active Registered Vendor Disclosure (formerly called FORMS B)” (IF APPLICABLE)

9. PURCHASE ORDER FROM BIDBUY (IF APPLICABLE)

In consideration of the mutual covenants and agreements contained in this contract, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this contract to be executed by their duly authorized representatives on the dates shown on the following CONTRACT SIGNATURES page

STATE OF ILLINOIS

CONTRACT

Illinois Department of Transportation Stream Mitigation Credits, Upper Mississippi River B-41002 / 24-D1Stream-R-198368

State of Illinois IFB Contract: Title Page V.24.1

VENDOR

Legal Printed Name: Michael S. Prater (Approved as to Form)

Legal’s Title: Acting Chief Counsel

Fiscal’s Printed Name: Vicki L. Wilson

Fiscal’s Title: Director of F&A / CFO

Printed Name: Omer M. Osman

Official’s Title: Secretary of Transportation

Contract: Signature Page V.24.1

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

· Agency Reference #: B-41002 / 24-D1Stream-R-198368

· Project Title: Stream Mitigation Credits, Upper Mississippi River

· Contract #: P-

· Procurement Method (IFB, RFP, Small Purchase, etc.): IFB

· BidBuy #: B-41002 / 24-D1Stream-R-198368/ P-

· BidBuy Bulletin Publication Date:

· Award Code: A

· Subcontractor Utilization? |_| Yes |_|No Subcontractor Disclosure? |_| Yes |_|No

· Funding Source: Road Fund

· Obligation #:

· Other Preferences?

Contract: State Use Only V.24.1

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. GOAL: To provide Stream Mitigation Bank Credits from a Vendor approved to provide required stream mitigation credits to meet stream impact mitigation permit requirements dictated by the US Army Corps of Engineers (USACE) regulating "waters of the U.S." under Section 404 of the Clean Water Act.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1. Vendor shall furnish the Department with credits from its stream mitigation credits to mitigate losses associated with Department highway improvements.

1.2.2. The mitigation credits shall be associated with the Upper Mississippi River stream mitigation service area.

1.2.3. Vendor’s stream credit site shall be approved by the U.S. Army Corps of Engineers. Vendor shall submit proof of such approval with bid.

1.2.4. The stream bank site shall contain credits for jurisdictional Waters of the United States according to the U.S. Army Corps of Engineers. Vendor shall submit proof of available credits with bid.

For procurements conducted in BidBuy, the State may include in this contract the BidBuy Purchase Order as it contains the agreed Supplies and/or Services.

1.3. MILESTONES AND DELIVERABLES: The Vendor shall deliver all parts of the services outlined above in Section 1.2.

1.4. VENDOR / STAFF SPECIFICATIONS:

1.4.1. Vendor shall submit proof/documentation to backup compliance with Section 1.2.3 and 1.2.4.

1.5. TRANSPORTATION AND DELIVERY: N/A

1.6. SUBCONTRACTING

Subcontractors are not allowed.

1.6.1. Will subcontractors be utilized? |_| Yes |X| No

1.7. SUCCESSOR VENDOR

|_| Yes |_| No This contract is for services subject to 30 ILCS 500/25-80. Heating and air conditioning service contracts, plumbing service contracts, and electrical service contracts are not subject to this requirement. Non-service contracts, construction contracts, qualification-based selection contracts, and professional and artistic services contracts are not subject to this requirement.

If yes is checked, then the Vendor certifies:

(i) that it shall offer to assume the collective bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer; and

(ii) that it shall offer employment to all employees currently employed in any existing bargaining unit who perform substantially similar work to the work that will be performed pursuant to this contract.

1.8. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Vendor shifts any such work outside the United States.

1.8.1. Upon execution of the contract by all parties, the credits shall be delivered to Vanessa Ruiz at the following address:

Illinois Department of Transportation - District 1 201 W. Center Ct Schaumburg, IL 60196

State of Illinois IFB Contract: Description of Supplies and Services V.24.1

2. PRICING

2.1 FORMAT OF PRICING:

2.1.1 Vendor shall submit pricing in the line items on BidBuy, based on the terms and conditions set forth in section 1 of this Contract.

2.1.2 The quantities specified below are an estimate and not binding to the Department. Actual credits purchased by the Department may be more or less than the estimated credits stated herein. However, Vendors shall provide the credits to the Department at the per acre.

2.1.3 Pricing shall be submitted in BidBuy and by filling out the following table:

2.2 TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated.

2.3 EXPENSES ALLOWED: Expenses are not allowed.

2.4 DISCOUNT: N/A

2.5 VENDOR’S PRICING: Enter pricing in the Items Tab in BidBuy under B-41002 The State may include in this contract the BidBuy Purchase Order as it contains the agreed pricing.

|_| If checked, see the attached BidBuy Purchase Order for the Vendor’s Price for the Initial Term.

2.5.1. Renewal Compensation: No Renewal Option.

2.6 MAXIMUM AMOUNT: The total payments under this contract shall not exceed $_________ without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract.

State of Illinois IFB Contract: Pricing V.24.1

3. TERM AND TERMINATION

3.1 TERM OF THIS CONTRACT: This contract has an initial term of Upon Execution to December 31, 2024. If a start date is not identified, the term shall commence upon the last dated signature of the Parties.

The State may include in this contract the BidBuy Purchase Order as it contains the agreed term.

3.1.1 In no event will the total term of the contract, including the initial term, any renewal terms and any extensions, exceed ten (10) years. 30 ILCS 500/20-60

3.1.2 Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2 RENEWAL: No renewal option.

3.3 TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

3.4 TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.5 AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated…