Trout 2021 IFB~1.docx

DOCX document 204 KB Posted

Attached to
Live Rainbow Trout
Solicitation number
21-422DNR-RESCO-B-20152
Issued by
Cook County, Illinois

About this file

This document is an Invitation for Bid (IFB) issued by the Illinois Department of Natural Resources (IDNR) to establish a contract for the purchase of live rainbow trout. The IFB requests bids from responsible vendors to supply IDNR with live rainbow trout sized between 10 and 13 inches, at 1.5 to 2.0 fish per pound. Delivery locations are specified for Northern Illinois, Central Illinois, and Southern Illinois, with estimated quantities of 81,626 lbs, 70,212 lbs, and 37,778 lbs respectively. Bids are due by March 12, 2021. The initial contract term is two (2) years, with the option to renew for an additional three (3) years.

The IFB requires vendors to submit pricing in a specific format, with award going to the compliant low bidder for the total price across all line items. Vendors must also comply with various certification, disclosure, and utilization plan requirements. Pricing will be subject to a formula-based adjustment during any renewal terms, tied to the Producer Price Index. There are no small business, minority, women, or veteran-owned business set-asides noted for this procurement.

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File Type Posted
Attachment - Notice of Electronic Submission Only~34.pdf PDF
Forms B V.20.1~48.docx DOCX document
Forms A Section V.18.1~100.docx DOCX document
B20152 Notice of Award Form.pdf PDF

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The Illinois Department of Natural Resources (DNR) 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 purpose of this solicitation is to establish an Agency-specific contract for the Illinois Department of Natural Resources (DNR) to purchase Live Rainbow trout.

The resulting contract with the awarded Bidder shall have an initial term of Two (2) years with the option to renew for the following terms: Three (3) years.

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. If submitting your Bid in paper format and by mail, do not submit the instructions pages with bids. Bidders should keep the instructions and a copy of their bids for future reference.

Forms A, Forms B, BEP Utilization Plan, and VSB Utilization Plan may be downloaded from the Chief Procurement Officer for General Service’s website at https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx. 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

Department of Natural Resources Trout

21-422DNR-RESCO-B-20152

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.20.1

SECTION 1.

Part

Instructions and General InformationA.
Process Changes Resulting from BidBuyA.1
Conflict Between Information in Paper Format and BidBuyA.2
How to Enter InformationA.3
Published Procurement InformationA.4
Information ContactA.5
Bidder Questions and Agency ResponseA.6
Pre-Submission ConferenceA.7
Bid Due Date, Time and Address for Submission of BidsA.8
Organization RequiredA.9
Submission of BidsA.10
SecurityA.11
Small Business Set-AsideA.12
Minority Contractor InitiativeA.13
Federal FundsA.14
Employment Tax CreditA.15
Governing Law and ForumA.16
Public Records and Requests for Confidential TreatmentA.17
ReservationsA.18
AwardA.19
Invoicing AddressA.20
Protest Review OfficeA.21
Evaluation ProcessA.22
Minorities, Women, and Persons with Disabilities Participation and Utilization PlanA.23
Veteran Small Business Participation and Utilization PlanA.24
BidBuy TerminologyA.25

SECTION 2.

Offer to the State of Illinois B.

SECTION 3.

Exceptions to Solicitation and Contract Terms and Conditions C.

CONTRACT

Description of Supplies and Services1.
Goal1.1
Supplies and/or Services Required1.2
Milestones and Deliverables1.3
Vendor/Staff Specifications1.4
Transportation and Delivery1.5
Subcontracting1.6
Successor Vendor1.7
Where Services Are to Be Performed1.8
Pricing2.
Format of Pricing2.1
Type of Pricing2.2
Expenses Allowed2.3
Discount2.4
Vendor’s Pricing2.5
Maximum Amount2.6
Term and Termination3.
Term of this Contract3.1
Renewal3.2
Termination for Cause3.3
Termination for Convenience3.4
Availability of Appropriation3.5
Standard Business Terms and Conditions4.
Payment Terms and Conditions4.1
Assignment4.2
Subcontracting4.3
Audit/Retention of Records4.4
Time is of the Essence4.5
No Waiver of Rights4.6
Force Majeure4.7
Confidential Information4.8
Use and Ownership4.9
Indemnification and Liability4.10
Insurance4.11
Independent Contractor4.12
Solicitation and Employment4.13
Compliance with the Law4.14
Background Check4.15
Applicable Law4.16
Anti-Trust Assignment4.17
Contractual Authority4.18
Expatriated Entities4.19
Notices4.20
Modifications and Survival4.21
Performance Record/Suspension4.22
Freedom of Information Act4.23
Schedule of Work4.24
Warranties for Supplies and Services4.25
Reporting Status and Monitoring Specifications4.26
Employment Tax Credit4.27
State Supplemental Provisions5.

The following sections (FORMS A, FORMS B, BEP Utilization Plan, VSB Utilization Plan, Letter of Intent) of the solicitation may be found on the CPO’s website at:

https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx

FORMS A

Complete this section if you are not using a State of Illinois Vendor Registration Number which represents registration in the Illinois Procurement Gateway (IPG).

Business and Directory Information1.
Illinois Department of Human Rights Public Contracts Number2.
Authorized to Transact Business or Conduct Affairs in Illinois3.
Standard Certifications4.
State Board of Elections5.
Disclosure of Business Operations in Iran6.
Financial Disclosures and Conflicts of Interest7.
Taxpayer Identification Number8.

FORMS B

Complete this section 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.

Illinois Procurement Gateway Registration # and expiration date1.
Certification Timely to this Solicitation or Contract2.
Disclosures of Lobbyists and Contracts3-4.

Download from the CPO’s website and complete these documents if this IFB contains a Business Enterprise Program (BEP) goal.

BEP Utilization Plan

Letter of Intent Template

Download from the CPO’s website and complete these documents if this IFB contains a Veteran Small Business Program (VBP) goal.

Veteran Small Business Utilization Plan

Letter of Intent Template

STATE OF ILLINOIS

OUTLINE

State of Illinois IFB

OUTLINE

V.20.1

SECTION 1. INSTRUCTIONS AND GENERAL INFORMATION

PROCESS CHANGES RESULTING FROM BIDBUY: BidBuy is the new electronic procurement system being used by State agencies under the jurisdiction of the Chief Procurement Officer for General Services. With the implementation of BidBuy, some procurement processes have changed. In some instances, BidBuy entirely replaces the State’s previous procurement processes. In others, the past instruction or process remains unchanged or is augmented by BidBuy.

The State publishes Invitations for Bid (IFB) in BidBuy. BidBuy consists of public webpages that may be referred to as the “Bulletin” or information “on BidBuy”. BidBuy also permits vendors to create password protected Seller Accounts allowing electronic quoting for some procurement methods. The IFB, along with other attachments and information on BidBuy, constitutes the State’s solicitation. The State may accept electronic bids in response to IFBs through BidBuy. Bidders may continue to submit bids in paper format and in accord with the instructions for submission. Bidders must pay special attention to the instructions found on BidBuy as they augment the information in this IFB. Bidders shall read the entire contents of this IFB and direct any questions to the Information Contact found on the BidBuy posting.

CONFLICT BETWEEN INFORMATION ON PAPER AND BIDBUY: If the State provides information in paper format (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 paper format is presumed to represent the State’s intent. If the Bidder provides information in paper format that is different or in conflict with the information the Bidder provides in BidBuy, then the information in paper format 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 Standard Certifications provided in Forms A or the Illinois Procurement Gateway, and certifications and disclosures provided in Forms B (if applicable) will become a material part of the contract.

If the State allows electronic quotes, then the Bidder may submit some information via BidBuy by following the prompts and instructions contained within BidBuy.

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 no later than March 5, 2021. 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:”

A non-mandatory pre-submission conference will be conducted via webex to go over paperwork requirements.

February 26, 2021 at 10:00 a.m.

Call in information:

Join from the meeting link https://illinois.webex.com/illinois/j.php?MTID=ma9963b8c10d5bc50e61061df5167b6c0

Join by meeting number

Meeting number (access code): 177 626 4316

Meeting password: XmNdirYh823

Tap to join from a mobile device (attendees only) +1-312-535-8110,,1776264316## United States Toll (Chicago) +1-415-655-0002,,1776264316## US Toll

Join by phone +1-312-535-8110 United States Toll (Chicago) +1-415-655-0002 US Toll Global call-in numbers

Join from a video system or application Dial 1776264316@illinois.webex.com You can also dial 173.243.2.68 and enter your meeting number.

Join using Microsoft Lync or Microsoft Skype for Business

Dial 1776264316.illinois@lync.webex.com

Is attendance at the Pre-Submission Conference mandatory? |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 SUBMISSION OF BIDS: Each solicitation contains the Bid Due Date and Time appearing as the “Bid Opening Date:” on the Bulletin posting.

Bid Firm Time: Vendor’s Bid must remain firm for 120 days from opening.
Project Title & BidBuy Bid #: Trout; 21-422DNR-RESCO-B-20152

Bid Due Date & Time: March 12, 2021 at 2:00 P.M. CST ORGANIZATION REQUIRED: Packets may be downloaded to Bidbuy. Electronic packets only. No paper packets will be accepted.

A.9.1. Packet 1 shall contain the Contract section and if applicable a Redacted copy (Section 1, Part A.15).

A.9.2. Packet 2 shall contain the Offer (Section 2, Part B).

If applicable, the packet shall also contain Exceptions to Solicitation Contract Terms and Conditions (Section 3, Part C.1) and References (Section 3, Part C.2).

A.9.2.1. Exceptions must be provided on the Exceptions to Solicitation Contract Terms and Conditions form or must be in a substantially similar format. Agency discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of the Bid.

A.9.2.2. Additional Bidder Provisions may be stated on the Exceptions to Solicitation Contract Terms and Conditions form, but should not include exceptions to Agency specifications, terms and conditions, or any other part of this solicitation. This is supplemental information that supports a Bidder’s position or, for example, a Bidder’s licensing agreement.

A.9.3. Packet 3 shall contain either Forms A or Forms B. Forms A contains eight forms and shall be returned by Bidders that do not have an active registration in the Illinois Procurement Gateway (IPG).

Forms B consists of two pages and a one-page Taxpayer Identification Number. Forms B is only returned by Bidders that have a valid IPG registration number with expiration date and elect to not use the forms found in Forms A.

A.9.4. Packet 4 shall contain a response to the Minorities, Women, and Persons with Disabilities participation requirements. Packet 4 is only returned if a Business Enterprise Program goal is stated in the Bulletin posting.

A.9.5. Packet 5 shall contain a response to the Veteran Small Business (VSB) participation requirements. Packet 5 is only returned if a VSB goal is stated in the Bulletin posting.

SUBMISSION OF BIDS:

Pursuant to CPO Notice 2020.06, State agencies shall only accept electronic submissions for competitive solicitations (Invitation for Bid (IFB) through BidBuy. Manual submissions in paper format or on electronic medium, for example USB drives or digital video discs (DVD), shall not be accepted nor considered.

A.10.1. Bidder may submit the following forms and others by uploading them in the Attachment tab.

· Offer to the State

· Contract

· Redacted copy of Bid (if applicable)

· Exceptions to Solicitation Contract Terms and Conditions (if applicable)

· References (if applicable)

· Standard Certifications

· Forms A (if applicable)

· Forms B (if applicable)

· Letter of Intent (if applicable)

· BEP Utilization Plan (if applicable)

· Veteran Small Business Utilization Plan (if applicable)

· Bid or Performance bond (if applicable) The Bidder must complete, sign, and upload all required documents, such as the Contract, BEP Utilization Plan if applicable, and either Forms A or Forms B.

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 award. 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://www2.illinois.gov/cpo/general/Pages/Sell2Illinois.aspx.

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.

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 CON FIDENTIAL 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 copy/copies (see Instructions for Submission of Bids in Section A.10) 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 must label the attachment as “Redacted” and return it in Packet 1.

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.

If the State allows electronic quotes, then when submitting a redacted copy of the Bid via BidBuy, the Bidder shall include “Redacted” in the file name. When attaching the unredacted version, the Bidder shall include “Unredacted” in the file name and check the Confidential box on the Attachments tab which ensures that BidBuy does not display the unredacted document to the public.

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 Email: eec.legalstaff@illinois.gov Attn: Protest Review Office

401 S. Spring StreetFacsimile: (217) 558-1399
Suite 515 Stratton Office BuildingIllinois Relay: (800) 526-0844

Springfield, IL 62706 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.22.1. 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.22.1.1. 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.22.1.2. References: If references are required, then Bidder shall complete and return the References form in Section 3, Part C.2.

A.22.1.3. If completing 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.22.1.4. If completing 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 Forms A, Part 1.

· Illinois Department of Human Rights Public Contracts Number: Bidder shall complete and return the IDHR Public Contracts Number form in Forms A, 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 Forms A, Part 3.

· Standard Certifications: Offeror shall complete and return the Standard Certifications form in Forms A, 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 Forms A, Part 5.

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

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

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

A.22.1.5. 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.22.1.6. 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.22.1.7. 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 deficiency as a condition of further evaluation.

A.22.2. 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.22.2.1. 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.22.2.2. 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.22.2.3. 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.22.2.4. The State may require that a bidder correct any deficiencies as a condition of further evaluation.

A.22.3. 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 proposals.

BEP Liaison: n/a Phone Number:

Email Address:

Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified by the Department of Central Management Services as BEP vendors prior to the Bid Opening Date. Go to https://www2.illinois.gov/cms/business/sell2/bep/Pages/default.aspx for complete requirements for BEP certification. Go to https://cms.diversitycompliance.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 proposals.

Veteran Small Business Liaison: n/a Phone Number:

Email Address:

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 by CMS as VOSB or SDVOSB vendors prior to Bid opening date. Go to https://www2.illinois.gov/cms/business/sell2/pages/veteranownedbusinesses.aspx for complete requirements for VOSB or SDVOSB certification. Go to https://cms.diversitycompliance.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://www2.illinois.gov/cpo/PathwayToProcurement/Pages/Guides-and-Manuals.aspx.

-END OF INSTRUCTIONS

INSTRUCTIONS AND GENERAL INFORMATION

Section 1. Part A. Instructions and General Information V.20.1

SECTION 2. OFFER TO THE STATE OF ILLINOIS

Project Title / BidBuy Reference #: DNR-Trout; 21-422DNR-RESCO-B-20152 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.

B.2.ADDENDA: Bidder has taken into account any and all addendums 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: Pursuant to CPO Notice 2020.06, State agencies shall only accept electronic submissions for competitive solicitations (Invitation for Bid (IFB)) through BidBuy. Manual submissions in paper format or on electronic medium, for example USB drives or digital video discs (DVD), shall not be accepted nor considered.
Vendor submitted bid via Bidbuy.

|_| Yes |_| No Vendor should submit with their bid document a copy of an Aquaculture permit if the fish are raised in the vendor’s facility or a copy of a Resident Aquatic Life Dealer’s license if Vendor is acting as a broker.

|_| Yes |_| No Vendor should submit with their bid the percentage that represents the adjustable portion of the bid price used to calculate the maximum allowable price adjustment at time of renewal as noted in section 2.5.2 Pricing.

|_| Yes |_| No B.5. FORMS A or FORMS B: Bidder is properly submitting either Forms A or Forms B, but not both.

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

|X| 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|X| N/A
B.8.PACKET 1 – CONTRACT

|_| Yes |_| No

B.8.1
Redacted Copy of Bid, if requesting confidential treatment
|_| Yes |_| No|_| N/A

B.9. PACKET 2 – OFFER

|_| Yes |_| No

B.9.1
Offer
|_| Yes |_| No
B.9.2
Exceptions to Solicitation Contract Terms and Conditions
|_| Yes |_| No|_| N/A
B.9.3
References
|_| Yes |_| No|_| N/A

B.10. PACKET 3 – FORMS A

B.10.1
Business and Directory Information
|_| Yes |_| No
B.10.2
Illinois Department of Human Rights Public Contracts Number
|_| Yes |_| No
B.10.3
Standard Certifications
|_| Yes |_| No
B.10.4
Disclosure of Business Operations in Iran
|_| Yes |_| No
B.10.5
Financial Disclosures and Conflicts of Interest
|_| Yes |_| No
B.10.6
Taxpayer Identification Number
|_| Yes |_| No

B.11. PACKET 3 – FORMS B

B.11.1
Illinois Procurement Gateway Registration # with expiration date
|_| Yes |_| No
B.11.2
Certifications Timely to this Solicitation
|_| Yes |_| No
B.11.3
Disclosure of Lobbyists and Contracts
|_| Yes |_| No
B.12.PACKET 4 – BEP UTILIZATION PLAN
B.12.1
Does this solicitation contain a BEP goal?
|_| Yes |_| No
B.12.2
Minorities, Women, Persons with Disabilities Participation and Utilization Plan
|_| Yes |_| No |_| N/A
B.13.PACKET 5 – VSB UTILIZATION PLAN
B.13.1
Does this solicitation contain a VSB goal?
|_| Yes |_| No
B.13.2
Veteran Small Business Participation and Utilization Plan
|_| Yes |_| No |_| N/A

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

B.17. REFERENCES

Bidder has enclosed references and all pertinent contact information for the references.

|X| N/A

B.18. PRICING

Bidder has completed the PRICING part of the CONTRACT.

|_| Yes |_| No

B.19. 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.20. 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.21. 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) |_| Bio-based Products (30 ILCS 500/45-75)

Items that Qualify and Explanation:

Signature of Authorized Representative:

Printed Name of Authorized Representative:

Bidder’s Name:

Date:

OFFER TO THE STATE OF ILLINOIS

Section 2. Part B. Offer to the State of Illinois V.20.1

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

Section/ Subsection #
State the exception such as “add,” “replace,” and/or “delete.”

ADDITIONAL VENDOR TERMS AND CONDITIONS

New Provision(s), # et. seq.
Section/Subsection New Number, Title of New Subsection: State the new additional term or condition.

The Illinois Department of Natural Resources (IDNR) 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.

Agreed: Click here to enter text
Agreed: IDNR
By: Click here to enter text
By: Colleen Callahan
Signed:
Signed:
Position: Click here to enter text
Position: Director
Date: Click here to enter a date.
Date:

EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

Section 3. Part C. Exceptions to Solicitation and Contract Terms and Conditions V.20.1 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 FORMS B) ☐ 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 CERTIFICATIONS

7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST

8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES – “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 Natural Resources DNR - Trout

21-422DNR-RESCO-B-20152

Contract # ORC20152

Contract: Title Page V.20.1

VENDOR

Vendor Name:
Address:
Signature:
Phone:
Printed Name:
Fax:
Title:
Email:

Date:

Procuring Agency: Department of Natural Resources
Phone: 217-785-4503 (Mike McClelland)
Street Address: One Natural Resources Way
Fax: 217-785-8768
City, State ZIP: Springfield, IL 62702
Email: Michael.McClelland@illinois.gov
Official Signature:
Date:

Printed Name: Colleen Callahan

Official’s Title: Director

Legal Signature:
Date:

Legal Printed Name: Renee Snow

Legal’s Title: General Counsel

Fiscal Signature:
Date:

Fiscal’s Printed Name: Brad Colantino

Fiscal’s Title: Chief Fiscal Officer

Contract: Signature Page V.20.1

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

· Agency Reference #: Bid # 21-422DNR-RESCO-B-20152

· Project Title: DNR Trout

· Contract #: ORC20152

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

· BidBuy / Bulletin Reference #: 21-422DNR-RESCO-B-20152

· BidBuy / Bulletin Publication Date:

· Award Code: A

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

· Funding Source:

· Obligation #: ORC20152

· Small Business Set-Aside? |_| Yes |X|NoPercentage:
· Minority Owned Business? |_| Yes |X|NoPercentage:
· Women Owned Business? |_| Yes |X|NoPercentage:
· Persons with Disabilities Owned Business? |_| Yes |X|NoPercentage:
· Veteran Owned Small Business? |_| Yes |X|NoPercentage:

· Other Preferences?

Contract: State Use Only V.20.1

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. GOAL: To establish an agency specific contract to enable the Illinois Department of Natural Resources (DNR) to purchase live rainbow trout.

1.2.SUPPLIES AND/OR SERVICES REQUIRED: Vendor shall provide live rainbow trout (Oncorhynchus mykiss) 1.5 to 2.0 Fish Per Pound. Size to be between 10 and 13 inches with no more than 20% of fish outside that range. Vendor shall deliver trout to Northern Illinois, Central Illinois, and Southern Illinois.
1.2.1Quantities:

The Illinois Department of Natural Resources reserves the right to increase or decrease fish quantities specified by twenty (20) percent of total numbers or transfer deliveries from one program location to another throughout the contract period.

The listing of delivery locations and quantities in the tables below are based on annual needs.

1.2.2Delivery Locations And Quantities For Northern Illinois:
County
Lake
Spring Pounds
Fall Pounds
Boone
Mill Race Ponds, Belvidere
250
0
Bureau
Hennepin Canal Parkway
715
700
Cook
Axehead Lake, Cook County Forest Preserve District
0
1,255
Cook
Belleau Lake, Cook County Forest Preserve District
0
1,000
Cook
Busse Woods North Lake
0
1,400
Cook
Green Lake, Forest Preserve District of Cook County
700
0
Cook
Horsetail Lake, Forest Preserve District of Cook County
600
0
Cook
Sag Quarry East, Forest Preserve District of Cook County
0
850
Cook
Wolf Lake, Wm Powers Conservation Area
800
0
DuPage
Silver Lake, DuPage County Forest Preserve District
3,200
0
Kankakee
Bird Park Quarry, Kankakee
485
500
Kendall
Big Lake, Silver Springs State Park
1,900
1,900
Lake
Banana Lake, Lake County Forest Preserve District
0
400
Lake
Sand Lake, Illinois Beach State Park
1,800
950
LaSalle
Illinois and Michigan Canal, La-Salle-Peru, Pool 14
650
650
LaSalle
Lake Mendota, Village of Mendota
1,400
0
McHenry
Lake Atwood, McHenry County Conservation District
925
0
McHenry
Piscasaw Creek
230
0
Rock Island
Prospect Park Lake, Moline
550
550
Stephenson
Waddams Creek, Lake Le-Aqua-Na State Park
415
0
Stephenson
Yellow Creek in Krape Park, Freeport
350
0
Warren
Citizen's Lake, Monmouth
0
450
Whiteside
Centennial Park, Rock Falls, Coloma Park District
1,940
1,200
Will
Lake Milliken, Des Plaines Conservation Area
1,155
0
Winnebago
Baumann Lake, Cherry Valley
2,600
1300
Winnebago
Four Lakes, Winnebago County Forest Preserve District
1,615
0

***************************Early Catch-And-Release Season**************************

Jo Davies
Apple River, Apple River Canyon State Park
740
740
Kankakee
Rock Creek, Kankakee River State Park
460
460
Ogle
Pine Creek, White Pines State Park
1,514
1,514
Sub-total Northern Illinois
24,994
15,819
1.2.3Delivery Locations And Quantities for Central Illinois:
County
Lake
Spring Pounds
Fall Pounds
Champaign
Kaufman Lake
500
500
Champaign
Lake of the Woods
1,155
0
Christian
Taylorville Park District Pond
215
215
Clark
Casey Park Pond, Casey
300
300
Coles
Eastern Illinois University Campus Pond, Charleston
280
277
DeWitt
Weldon Springs, Weldon Spring State Park
1,400
1,400
Douglas
Villa Grove West Lake
0
692
Macon
Rock Springs Pond, Macon County Conservation District
0
304
Macon
Sportsman's Club Pond, Macon County Conservation District
225
0
Macoupin
Beaver Dam Lake
0
2,500
McDonough
Argyle Lake, Argyle Lake State Park
0
4,000
McLean
Miller Park Lake, Bloomington
630
0
Moultrie
Wyman Lake, Sullivan
1,155
0
Pike
King Park Pond, Pittsfield
150
0
Sangamon
Southwinds Park, Springfield
785
785
Sangamon
Washington Park Pond, Springfield
200
200
Shelby
Forest Park Lagoon, Shelbyville
275
265
Tazewell
Mineral Springs Park Lagoon, Pekin
0
323
Vermilion
Clear Lake, Kickapoo State Park
1,775
1,775

***************************Early Catch-And-Release Season***************************

Adams
Siloam Springs State Park Lake
2,675
2,500
Cass
Gridley Road Lake, Jim Edgar Panther Creek SFWA
1,250
1,250
Hancock
Horton Lake, Navoo State Park
700
700
Morgan
Morgan Lake, Jacksonville
1,000
750
Sangamon
IDOT Lake, IL Department of Transportation
850
850
Subtotal Central Illinois
15,520
19,586
1.2.4Delivery Locations And Quantities for Southern Illinois:
County
Lake
Spring Pounds
Fall Pounds
Bond
Patriot's Park Lake (Greenville Old City Lake)
0
1,154
Crawford
Crawford County Conservation Area Pond
0
230
Jefferson
Mount Vernon Game Farm Pond
230
230
Johnson
Ferne Clyffe State Park Lake
740
740
Madison
Belk Park Pond, Wood River
300
300
Madison
Highland Old City Lake
0
785
Marion
Boston Pond, Stephen A. Forbes State Park
230
230
Massac
Fairgrounds Pond, Fort Massac State Park
230
230
Randolph
Derby Lake, Sparta World Shooting and Recreational Complex
925
925
Randolph
Randolph County State Fish and Wildlife Area Lake
0
2,700
Saline
Jones Lake Trout Pond, Saline County State F&W Area
0
230
St. Clair
Frank Holten State Park, Main Lake
2,240
1,870
St. Clair
Jones Park Lake, East St. Louis
460
460
Wabash
Beall Woods Lake, Beall Woods State Park
460

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