For Boise State University

Elevator Maintenance Services

For Boise State University

INVITATION TO BID

ITB ST17-141

ITB Issue Date: March 6, 2018

1

TABLE OF CONTENTS

PAGE

ITB ADMINISTRATIVE INFROMATION ……………………………………………………………………..3

INSTRUCTIONS FOR SUBMISSION OF BIDS ……………………………………………………………..4

INSURANCE ……………………………………………………………………………………………………..7

PROCUREMENT PROCESS …………………………………………………………………………………..8

CONTRACT ………………………………………………………………………………………………………9

SCOPE & SPECIFICATIONS ………………………………………………………………………………….9

BID EVALUATION & AWARD ………………………………………………………………………………..18

ATTACHMENT 1 VENDOR QUESTIONS …………………………………………………………………..21

ATTACHMENT 2 COST SHEET ……………………………………………………………………………..23

ATTACHMENT 3 SIGNATURE SHEET …………………………………………………………………….25

ATTACHMENT 4 ADDITIONAL INFORMATION…………………………………………………..……….26

ATTACHMENT 5 REFERENCES………………………………………………………….….……………...27

ATTACHMENT 6 FACILITY CONTACTS……………..…………………………………..………………...31

ATTACHMENT 7 SAMPLE WORK PROPOSAL………………………………………...…..…………....32

ATTACHMENT 8 ELEVATOR LIST…………………………………………………….…………...……….33

1. ITB Administrative Information

1.1. (M) A mandatory Bid walk-through will be held at the location and time as indicated in Section 1 of this Invitation to Bid (ITB). This will provide an opportunity for Vendors to ask questions of the Boise State University (hereafter also “Boise State” or “University”) staff. All interested parties are invited to participate. This walk-through will be used to explain, clarify, or identify areas of concern in the ITB. Vendors asking questions during the walk-through will be required to submit those questions to the University in writing by the designated “Deadline to Receive Questions” period as indicated in Section 1 of this ITB. Vendors are strongly encouraged to submit one, final set of questions rather than multiple sets of questions. Any oral answers given by the University staff during the Bid walk-through are to be considered unofficial and subject to change.

1.2.All questions must be submitted to the ITB Lead by the date and time noted in Section 1. Questions must be submitted using Attachment 1 “Vendor Questions” via email to the ITB Lead at the email address listed above. Answers to all questions will be posted on the Boise State Purchasing website (https://vpfa.boisestate.edu/purchasing/) under Bid Opportunities as an amendment per the timeline in Section 1.

Questions regarding Boise State University’s Standard Contract Terms must be submitted by the questions deadline. The Standard Contract Terms and Conditions can be found at https://vpfa.boisestate.edu/purchasing/. Select Vendor Information and then select Boise State Standard Contract Terms and Conditions. The University will not negotiate these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1.2.1.The term or condition in question;

1.2.2.The rationale for the specific requirement being unacceptable to the Vendor (define the deficiency);

1.2.3. Recommended language for the University’s consideration that is consistent in content, context, and form with the University’s requirement that is being questioned; and

1.2.4.Explanation of how the University’s acceptance of the recommended language is fair and equitable to both the University and the Vendor.

Bids received that are qualified based upon the University accepting other terms and conditions not found in the ITB or which take exception to the University’s terms and conditions will be found non-responsive and given no further consideration.

2. INSTRUCTIONS FOR SUBMISSION OF BIDS

2.1.Any qualified Vendor may submit a bid. All Vendors are qualified unless disqualified. Those Vendors presently on the General Service Administration’s (GSA) “list of parties excluded from federal procurement and non-procurement programs” may be disqualified. Vendor information is available on the GSA System for Award Management web page.

2.2.Bids must demonstrate that Vendors have the ability to complete the described functions of this ITB.

2.3.In order to be considered for award, the sealed Bid must be delivered to the place specified no later than the date and time specified in Section 1 of the ITB.

A Bid received at the office designated in this ITB after the ITB closing date and time will not be accepted. No late bids will be accepted.

2.4.Bid Submissions - (M) Bids must be submitted with the Boise State University signature page which must contain an original handwritten signature executed in ink and returned with the relevant solicitation documents. Photocopied signatures or facsimile signatures are not acceptable.

2.4.1. The Bid must be addressed to the ITB Lead and clearly marked:

ITB ST17-141 Elevator Maintenance Services

2.4.2.Each Bid must be submitted with one (1) original (containing original handwritten signatures where required) and (2) copies. Foldouts containing charts or other material are permitted but should be kept to a minimum.

2.4.3Electronic copy - In addition, Vendors must submit one (1) electronic copy of the Bid on USB flash drive device (thumb drive). Word or Excel format is required. The only exception will be for financials or brochures. The USB drive format and content must be the same as the manually submitted Bid. The electronic version must NOT be password protected or locked in any way. Please attach the USB device to the original version of the response. The USB device must contain the original electronic copy in Word or Excel format, as well as the redacted version as requested in Section 2.4.6 of the solicitation. The electronic file name of the redacted version must contain the word “redacted.”

2.4.4Public Records - The Idaho Public Records Law, Idaho Code Sections 74-101 through 74-126, allows the open inspection and copying of public records. Public Records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by a State Agency or a local agency (political subdivision of the state of Idaho) regardless of the physical form or character. All, or most, of the information contained in your response will be a Public Record subject to disclosure under the Public Records Law. The Public Records Law contains certain exemptions. One exemption potentially applicable to part of your response may be for Trade Secrets.

2.4.5Trade Secrets - Trade secrets include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy. If you consider any material that you provide in your Bid, Proposal or Quotation to be a Trade Secret, or otherwise protected from disclosure, you MUST so indicate by marking as “exempt” EACH PAGE containing such information. Marking your entire Bid, Proposal or Quotation as exempt is not acceptable or in accordance with the Solicitation or the Public Records Law and WILL NOT BE HONORED. In addition, a legend or statement on one (1) page that all or substantially all of the response is exempt from disclosure is not acceptable or in accordance with the Public Records Law and WILL NOT BE HONORED.

Prices that you provide in your Bid, Proposal or Quotation are not a Trade Secret. The State, to the extent allowed by law and in accordance with these Solicitation Instructions, will honor a designation of nondisclosure. Any questions regarding the applicability of the Public Records Law should be addressed to your own legal counsel PRIOR TO SUBMISSION of your Bid, Proposal or Quotation.

2.4.6Redacted Response - If your Bid, Proposal or Quotation contains information that you consider to be exempt, you must also submit an electronic redacted copy of the Bid with all exempt information removed or blacked out. The University will provide this redacted Bid, Proposal or Quotation to requesters under the Public Records Law, if requested. Submitting Vendors must also:

2.4.6.1 Identify with particularity the precise text, illustration, or other information contained within each page marked “exempt” (it is not sufficient to simply mark the entire page). The specific information you deem “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise be clearly distinguished from other text or other information and be specifically identified as “exempt.”

2.4.6.2 List of Redacted Exempt Information - Provide a separate document with your Bid, Proposal or Quotation entitled “List of Redacted Exempt Information,” which provides a succinct list of all exempt material noted in your Bid, Proposal or Quotation. The list must be in the order in which the material appears in your Bid, Proposal or Quotation, identified by Page#, Section#/Paragraph#, Title of Section/Paragraph, specific portions of text or other information; or in a manner otherwise sufficient to allow the University to determine the precise material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

2.4.6.3 Vendors shall indemnify and defend the University against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring a designation of exempt or for the Vendor’s failure to designate individual documents as exempt. The Vendor’s failure to designate as exempt any document or portion of a document that is released by the University shall constitute a complete waiver of any and all claims for damages caused by any such release. If the University receives a request for materials claimed exempt by the Vendor, the Vendor shall provide the legal defense for such claim.

2.4.6.4 Alternately, if there is no redacted information in the Bid, please note that with the bid response.

2.4.7Amendment Confirmation: If the ITB is amended, the Vendor must acknowledge each amendment with a signature on the acknowledgement form provided with each amendment. Failure to return a signed copy of each amendment acknowledgement form with the Bid may result in the Bid being found non-responsive.

2.4.8All correspondence will be in writing. Addenda for revisions to this ITB will be posted at https://vpfa.boisestate.edu/purchasing/ under Bid Opportunities. Vendors are responsible for monitoring the above referenced webpage for any updates or amendments. All changes to this ITB must be in writing and posted at the above referenced web page to be valid. Any oral interpretations or clarifications of this ITB shall not be relied upon.

2.5No verbal bids or verbal modifications will be considered. Bids may be modified in writing prior to the ITB closing time. A written modification must include the date and signature of the Vendor or the Vendor’s authorized representative.

2.6All costs incurred in the preparation and submission of a Bid in response to this ITB including, but not limited to, Vendor’s travel expenses to attend the Bid walk-through, must be the sole responsibility of Vendors and will not be reimbursed by the University.

2.7An appeal by a Vendor of a Bid specification, a non-responsive determination, or the award of a Bid is governed by the Boise State University Purchasing Appeals Process and must be filed in accordance with that process. The appeals process can be found at https://vpfa.boisestate.edu/process/procurement/purchasingappealsprocess.pdf

2.8Sections of the format may be listed with an Evaluated Requirement. The codes and their meanings are as follows:

(M) Mandatory Specification or Requirement - failure to comply with any mandatory specification or requirement may, at the sole discretion of the University, render Bid non-responsive and no further evaluation will occur. Vendor is required to respond to each mandatory specification with a statement outlining its understanding and how it will comply.

(ME)Mandatory and Evaluated Specification - failure to comply/respond may render Bid non-responsive and no further evaluation will occur. Vendor is required to respond to this specification with a statement outlining its understanding and how it will comply. Points will be awarded based on predetermined criteria.

(E) Evaluated Specification - a response is desired and will be evaluated and scored. If not available, respond with “Not Available” or other response that identifies Vendor’s ability or inability to supply the item or service. Failure to respond will result in zero (no) points awarded for this item.

3. INSURANCE

3.1The Contractor and all subcontractors (if allowed) are required to carry the types and limits of insurance shown on the Boise State Office of Risk Management and Insurance web page at

http://rmi.boisestate.edu/wp-content/uploads/2014/11/CertificateInsRqmts_3rdParty.pdf

3.2Contractor is required to provide the University with a Certificate of Insurance prior to physically arriving on campus or within ten (10) days of contract signing, whichever happens first.

4. PROCUREMENT PROCESS

4.1.To be considered responsive, Vendors should adhere to all requirements of this ITB. The determination of whether a Bid is responsive is made solely by the University. The University reserves the right to waive any non-material variation that does not violate the overall purpose of the ITB, frustrate the competitive bidding process, or afford any Vendor an advantage not otherwise available to all Vendors.

4.2.Bids should be submitted on the most favorable terms that Vendors can propose, from both a price and technical standpoint. The University reserves the right to accept any part of a Bid, or reject all or any parts of any Bid received without financial obligation if the University determines it to be in the best interest of the University to do so.

4.3All data provided by the University in relation to this ITB represents the best and most accurate information available at the time of ITB preparation. Should any data later be discovered to be inaccurate, such inaccuracy will not constitute a basis for Contract rejection or Contract amendment.

4.4All Bid materials submitted, including samples, become the property of the University and will not be returned to Vendor. Bids and supporting documentation may be available for public inspection upon written request following the announcement of a contract award except for information specifically labeled on each separate page as a “trade secret” or other exemption from disclosure under the Idaho Public Records Act, Section 9-340D(1), Idaho Code.

4.5The Bid submitted by the successful Vendor will be incorporated into and become part of the resulting contract. The University will have the right to use all concepts contained in any Bid and this right will not affect the solicitation or rejection of the Bid.

4.6 Must, Shall, Will: Where the words “must,” shall,” or will” occur, the words declare a mandatory requirement or specification upon the Contractor. Failure to meet the mandatory requirement or specification may result in the Bid being deemed non-responsive and removed from further consideration.

4.7From the date of release of this solicitation until Intent to Award Letter is issued, all contact and requests for information shall only be directed to the University’s Buyer. Regarding this solicitation, all contact with other personnel employed by or under contract with the University is restricted. During the same period, no prospective Vendor shall approach personnel employed by or under contract to the University on any other related matters. An exception to this restriction will be made for Vendors who in the normal course of work under a current and valid contract with the University may need to discuss legitimate business matters concerning their work with the contracting agency. Violation of these conditions may be considered sufficient cause by the University to reject a Vendor’s Bid or proposal irrespective of any other consideration.

5. CONTRACT

5.1.The ITB, all attachments, appendices and amendments, the successful Vendor’s Bid submitted in response to the ITB, any negotiated changes to the same together comprise the Contract (hereinafter referred to as the “Contract”) and will be formalized by the creation of a Purchase Order (PO) that ties these documents together.

5.2Boise State University Standard Contract Terms and Conditions and Solicitation Instructions to Vendors are incorporated by reference and shall apply to this solicitation and any Contract resulting from this solicitation. The Terms and Conditions and Instructions to Vendors are located on-line at https://vpfa.boisestate.edu/purchasing/ under Vendor Information. The Terms and Conditions are incorporated as fully set forth herein by this reference, and shall be deemed incorporated into any contract resulting from this Solicitation. Failure by any submitting Vendor to obtain copies of these documents shall in no way constitute or be deemed a waiver by the University of either document or any part of them. No liability will be assumed by the University for a Vendor's failure to consider the Terms and Conditions in its response to the solicitation. By submitting a Response, Vendor represents and warrants that it has read, understands and agrees to be bound by the Terms and Conditions.

5.3The Contract, in its incorporated, composite form, represents the entire agreement between the Contractor and University and supersedes all prior negotiations, representations, understandings or agreements, either written or oral. All terms should be carefully reviewed by each prospective Vendor as the Contractor is expected to comply with those terms and conditions.