INVITATION FOR BID (IFB)
(THIS IS NOT AN ORDER)
IFB Number:
IFB-1506JH / IFB Title:
Eastern Montana Veterans Home Patio
IFB Due Date and Time:
April 16, 2015
2 p.m., Mountain Time / Number of Pages: 18
ISSUING AGENCY INFORMATION
Procurement Officer:Justin Harris / Issue Date:
March 18, 2015
Dept. of Public Health & Human Services
Business & Financial Services Division
Office of Procurement and Contracts
2401 Colonial Drive
Helena MT 59620 /
Phone: (406) 444-4504
Fax: (406) 444-9763
TTY Users, Dial 711E-Mail:
Website: http://vendor.mt.gov/
INSTRUCTIONS TO BIDDERS
COMPLETE THE INFORMATION BELOW AND RETURN THIS PAGE WITH YOUR BID AND ANY REQUIRED DOCUMENTS TO THE ADDRESS LISTED ABOVE UNDER "ISSUING AGENCY INFORMATION." / Mark Face of Envelope/Package:IFB Number: IFB-1506JH
IFB Due Date: April 16, 2015
Special Instructions:
An optional Pre-Bid Site Visit will be conducted on April 1, 2015 at 11:00 A.M. at Eastern Montana Veterans Home, 2000 Montana Ave., Glendive, MT 59330.
BIDDERS MUST COMPLETE THE FOLLOWING
Payment Terms: Net 30 days / Delivery Date:Bidder Name/Address: / Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number: / Bidder FAX Number:
Bidder E-mail Address:
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
IFB-1506JH, Eastern Montana Veterans Home Patio, Page 10
TABLE OF CONTENTS
PAGE
Standard Terms and Conditions 3
Section 1: General Requirements 6
1.0 Introduction 6
1.1 Instructions to Bidders 6
1.2 Required Review 6
1.3 Pre-Bid Site Visit 7
1.4 Bid Submission 7
1.5 Change or Withdrawal of Bids 7
1.6 Bid Awards 8
Section 2: Special Terms and Conditions 9
2.0 Purchasing Card 9
2.1 On-Site Requirements/Cleanup 9
2.2 Meetings 9
2.3 Compliance with Workers’ Compensation Act 9
2.4 Insurance Requirements 10
2.5 Contractor Performance Assessments 10
2.6 Contractor Registration 11
2.7 Contractor Withholding 11
2.8 Montana Prevailing Wage Requirements 11
2.9 Transition Assistance 11
2.10 Contract Termination 12
Section 3: Specifications 13
3.0 Equivalent Products 13
3.1 Prices 13
3.2 All-or-None Award 13
3.3 Specifications 13
Section 4: Bid Sheet 15
4.0 Bid 15
Appendix A – A-1 Drawing Index, Site Plan, Abbreviations, Notes 16
Appendix B – A-2 Site Contours / Grading Plan 16
Appendix C – A-3 Patio Plan 16
Appendix D – A-4 Paving Site Details 16
Appendix E – A-5 Pergola Framing Details 17
Appendix F – A-6 Electrical Plan 17
Appendix G - Montana Prevailing Wages Rates for Building
Construction Services 2014 17
IFB Checklist 18
DEPARTMENT OF PUBLIC HEALTH & HUMAN SERVICES
PURCHASE ORDER: STANDARD TERMS AND CONDITIONS
The Contractor in agreeing to engage in the delivery of services in accordance with the Purchase Order to which this “Standard Terms and Conditions” document is attached and incorporated further agrees to acceptance of the Department’s following terms and conditions and any other provisions stated in any other attachments to the Purchase Order.
ACCESS AND RETENTION OF RECORDS: The Contractor must provide the Department, Legislative Auditor, or their authorized agents, access to any records necessary to determine contract compliance. (Section 18-1-118, MCA). Contractor agrees to create and retain records supporting the services rendered or supplies delivered for a period of three years after either the completion date of service delivery as provided for in the Purchase Order or the conclusion of any claim, litigation, or exception relating to the purchase of the services.
ASSIGNMENT, TRANSFER AND SUBCONTRACTING: The Contractor may not assign, transfer or subcontract any portion of the performance under the Purchase Order without the express written consent of the Department. (Section 18-4-141, MCA.)
COMPLIANCE WITH LAWS: The Contractor must, in performance of services under the Purchase Order, fully comply with all applicable federal, state, or local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by Contractor subjects subcontractors to the same requirements. In accordance with 49-3-207, MCA, Contractor agrees that the hiring of persons to perform the services under the Purchase Order will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the services under the Purchase Order.
CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the Purchase Order or this document may be granted without the Department’s prior written consent. Services provided that do not conform to the terms, conditions, and specifications of the Purchase Order may be rejected and returned at Contractor’s expense.
DEBARMENT: The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Purchase Order by any governmental department or agency. If Contractor cannot certify this statement, attach a written explanation for review and consideration by the Department.
DISABILITY ACCOMMODATIONS: The State does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. A person who needs an aid, alternative document format, or service for effective communication or other disability related accommodation in participating in the Department’s procurement process is invited to make their need and preferences known to the Department’s Procurement and Contracts Unit. Interested parties should provide as much advance notice as possible.
FORCE MAJEURE: If the Contractor or State is delayed, hindered, or prevented from performing any act required under the Purchase Order by reason of delay beyond the control of the asserting party including, but not limited to, theft, fire, or public enemy, severe and unusual weather conditions, injunction, riot, strikes, lockouts, insurrection, war, or court order, then performance of the act shall be excused for the period of the delay. “Beyond the control” means an unanticipated grave natural disaster or other phenomenon or event of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. In that event, the period for the performance of the act shall be extended for a period equivalent to the period of the delay. Matters of the Contractor’s finances shall not be considered a force majeure.
GOVERNING LAW AND VENUE: The Purchase Order along with its attachments including this document is governed by the laws of Montana including the Montana Procurement Act at chapter 4 of Title 18, MCA.
Any litigation concerning the Purchase Order and performance under the Purchase Order must be bought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees.
HAZARDOUS CHEMICAL INFORMATION: The Contractor must provide one set of the appropriate material safety data sheets and container label upon performance involving the handling of or the delivery of a hazardous chemical to the Department. All safety data sheets and labels will be in accordance with the OSHA “Hazard Communication Rule”, 29 CFR 1910 and 50-78-101 through 50-78-402 MCA.
HOLD HARMLESS/INDEMNIFICATION: Contractor agrees to protect, defend, and save the State, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of Contractor's employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of Contractor and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the State, under the Purchase Order.
INTELLECTUAL PROPERTY: All patent and other legal rights in or to inventions arising out of activities funded in whole or in part by the Purchase Order must be available to the public for royalty-free and nonexclusive licensing. The Contractor shall notify the State in writing of invention conceived or reduced to the practice in the course of performance of services under the Purchase Order. The State and the public shall have a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use and authorize others to use, copyrightable property created under the Purchase Order.
PAYMENT TERM: All payment terms are computed from the date of delivery of supplies or services or receipt of a properly executed invoice, whichever is later. Unless otherwise noted in the solicitation document, the Department is allowed 30 days to pay such invoices. The Contractor is required to provide banking information at the time of Purchase Order execution in order to facilitate State electronic funds transfer payments.
REDUCTION OF FUNDING: The Department must terminate the Purchase Order if funds are not appropriated or otherwise made available to support the continuation of performance under the Purchase Order in a subsequent fiscal period. (See section 18-4-313(4), MCA.)
REFERENCE TO CONTRACT: The Purchase Order number must appear on all invoices, packing lists, packages, and correspondence pertaining to the Purchase Order.
REGISTRATION WITH THE SECRETARY OF STATE: If the Contractor is incorporated in a state other than Montana or in a foreign country and is conducting business in Montana, it may be required by 35-1-1026 and 35-8-1001, MCA to register with the Montana Secretary Of State Office. Further information concerning these requirements may be obtained through the Montana Secretary of State’s Office at http://sos.mt.gov/ or by calling 406.444.3665.
A business entity required to register in the State of Montana must show proof of a current certificate of authority to conduct business prior to entry into or continued performance under the Purchase Order.
To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665, or visit their website at http://sos.mt.gov.
SEVERABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of the Purchase Order or this document is illegal and void shall not affect the legality and enforceability of any other provision of the Purchase Order or this document, unless the provisions are mutually dependent.
SHIPPING: Supplies must be shipped prepaid, F.O.B. Destination, unless the Purchase Order specifies otherwise.
TAX EXEMPTION: The State of Montana is exempt from Federal Excise Taxes (#81-0302402).
TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: No state funds provided for under the Purchase Order for the procurement of information technology may be expended for the purchase of information technology equipment and software for use by employees, program participants, or members of the public unless it provides blind or visually impaired persons with access, including interactive use of the equipment and services, that is equivalent to that provided to persons who are not blind or visually impaired. (Section 18-5-603 and 18-5-604, MCA.)
TERMINATION OF CONTRACT: Unless otherwise stated, the Department may, by written notice to Contractor, terminate the Purchase Order in whole or in part at any time Contractor fails to perform the delivery of services as provided for in the Purchase Order.
U.S. FUNDS: All prices and payments must be in U.S. dollars.
WARRANTIES: Contractor warrants that any products offered conform to the specifications requested, are fit and sufficient for the purpose manufactured, are of good material and workmanship, and are free from defect. Contractor further warrants that the products are new and unused and of the latest model or manufacture, unless the Department specifies otherwise. Exceptions will be rejected.
IFB-1506JH, Eastern Montana Veterans Home Patio, Page 10
SECTION 1: GENERAL REQUIREMENTS
1.0 INTRODUCTION
The STATE OF MONTANA, Eastern Montana Veterans Home (hereinafter referred to as “the State”) is soliciting bids for the installation of a Patio. A more complete description of the services sought is provided in Section 3 of this IFB. Bids submitted in response to this solicitation must comply with the instructions and procedures contained herein.
1.1 INSTRUCTIONS TO BIDDERS
1.1.1 Procurement Officer Contact Information. Contact information for the procurement officer is as follows:
Procurement Officer: Justin Harris
Address: 2401 Colonial Drive
Helena MT 59620
Telephone Number: (406) 444-4504
Fax Number: (406) 444-9763
E-mail Address:
1.1.2 Examination of Solicitation Documents and Explanation to Bidders. Bidders are responsible for examining the solicitation documents and any addenda issued to become informed as to all conditions that might in any way affect the cost or performance of any work. Failure to do so will be at the sole risk of the bidder. Should the bidder find discrepancies in or omissions from the solicitation documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the solicitation documents, the bidder shall promptly notify the procurement officer in writing. The bidder making such request will be solely responsible for its timely receipt by the procurement officer. Replies to such notices may be made in the form of an addendum to the solicitation.
1.1.3 Interpretation or Representations. The State of Montana assumes no responsibility for any interpretation or representations made by any of its officers or agents unless interpretations or representations are incorporated into a formal written addendum to the solicitation.
1.1.4 Acknowledgment of Addendum. If the IFB is amended, then all terms and conditions which are not modified remain unchanged. It is the bidder's responsibility to keep informed of any changes to the solicitation. Bidders must sign and return with their bid an Acknowledgment of Addendum for any addendum issued. Bids that fail to include an Acknowledgment of Addendum may be considered nonresponsive.
1.1.5 Extension of Prices. In the case of error in the extension of prices in the bid, the unit price will govern. In a lot bid, the lot price will govern.
1.1.6 Bid Preparation Costs. The costs for developing and delivering responses to this IFB are entirely the responsibility of the bidder. The State is not liable for any expense incurred by the bidder in the preparation and presentation of their bid or any other costs incurred by the bidder prior to execution of a purchase order or contract.