STATE OF INDIANA
INDIANA DEPARTMENT OF ADMINISTRATION
On Behalf Of
INDOT, Other State Agencies, and Local Government Entities
Response Due Date: May 1, 2019 by 3:00pm EDT
Eric Klinefelter, Director of Account Management and Sourcing Operations
Indiana Department of Administration
402 W. Washington St., Room W468
Indianapolis, Indiana 46204
SF47891 (rev 11/08)
STATE OF INDIANA
NEGOTIATED BID PACKAGE TO ESTABLISH A
QUANTITY PURCHASE AGREEMENT
FOR: Road Salt, ASA 19-086
IF YOU HAND-DELIVER SOLICITATION RESPONSES:
To facilitate weapons restrictions at Indiana Government Center North and Indiana Government Center South, as of July 21, 2008, the public must enter
IGC buildings through a designated public entrance. The public entrance to Indiana Government Center South is located at 302 W. Washington St.(the
eastern-most Washington St. entrance). This entrance will be equipped with metal detectors and screening devices monitored by Indiana State Police Capitol
Passing through the public entrance may take some time. Please be sure to take this information into consideration if your company plans to submit a
solicitation response in person.
GENERAL INFORMATION: A checklist is provided below to assist you. Please note that these instructions may not contain all applicable
requirements. Careful reading of this request is critical. Failure to follow these instructions or those printed throughout this form may lead to the
rejection of your bid. It is not necessary to return this page with your response.
A. ______ In order to receive an award, you must be registered with the Department of Administration, Procurement Division.
Therefore, to ensure there is no delay in the Award, all bidders are strongly encouraged to register prior to submission of a bid.
Bidders should go to http://www.in.gov/idoa/2464.htm and click on Bidder Registration to register.
B. ______ All companies desiring to do business with the State must complete and return an Indiana Economic Impact form, which is
included as part of this solicitation.. The collection and recognition of the information collected with the Indiana Economic Impact
form places a strong emphasis on the economic impact a project will have on Indiana and its residents, regardless of where a
business is located. The collection of this information does not restrict and company or firm from doing business with the State.
Pursuant to IC 5-22-15-20.5, recently enacted legislation in HEA 1080 (2004) requires a bidder to provide the information identified
in the Indiana Economic Impact form.
C. ______ Type or print legibly in black ink all requested information, including prices and extensions, as well as the correct vendor
information. Clearly detail in writing any deviation from or exception taken to the stated specifications.
D. ______ The State will only accept original signatures. The bid may be rejected if it contains any alterations or erasures that
are not initialed by the signer of the bid. The Non-Collusion Certification language is in the package. When you sign the Signature
Page, you are agreeing to the general conditions, specifications, certifications and other documents of this package. Facsimile or
electronic bids are not acceptable at this time. However, you are required to submit a copy of your entire proposal to the
State via CD-ROM by the due date and time listed above.
E. ______ Do not add, delete or modify any contractual terms and conditions. Terms of the award will be those listed in this
package and the resulting purchase order only.
F. ______ If you are not willing to accept a split award (partial order), your request must include the statement Bidding All or None.
The State reserves the right to accept or reject any or all bids, or any part thereof, and to award the items separately, all to one
bidder, or to make a multiple-award. ITEMS NOT BID – if a bidder does not desire to submit a bid for an item, you should
indicate NO BID in the unit price column for that item.
G. ______ The request must be received and clocked in by or prior to the due date and time indicated above. Each bid must be
returned in a separate envelope. The envelope must clearly indicate the following information:
a. The notation Negotiated Sealed Bid
b. The Solicitation Number
c. The Due Date and Time
H. ______ The completed envelope must be returned to:
Department of Administration, Procurement Division
402 West Washington Street
Indianapolis, IN 46204
ATTENTION: BID ROOM
CAUTION TO VENDORS ABOUT SHIPPING/MAILING: UNITED STATES POSTAL EXPRESS AND CERTIFIED MAIL ARE BOTH
DELIVERED TO THE CENTRAL GOVERNMENT CENTER MAILROOM AND NOT DIRECTLY TO THE PROCUREMENT DIVISION
DESIGNATED DEPARTMENT. IT IS THE RESPONSIBILITY OF THE BIDDER TO MAKE SURE THAT BID RESPONSES ARE
RECEIVED BY THE PROCUREMENT DIVISION ON OR BEFORE THE DESIGNATED TIME AND DATE.
IN ORDER TO PROTECT THE INTEGRITY OF THE SEALED BID PROCESS, FAILURE TO PROPERLY IDENTIFY YOUR SEALED BID
ACCORDING TO THE ABOVE INSTRUCTIONS MAY RESULT IN AN AUTOMATIC DISQUALIFICATION FROM CONSIDERATION.
ASA-19-086, Bid Package, 2 of 20
GENERAL INFORMATION RELATED TO NEGOTIATED BIDDING
Please review this section carefully as it provides information on Negotiated Bidding which differs in certain aspects from the usual Competitive Bidding
process. The key differences and relevant points are outlined below. Please refer to IC 5-22-7.3 for the relevant code that governs this procurement
1. IC 5-22-7.3. This procurement is being conducted using Negotiated Bidding pursuant to IC 5-22-7.3 which became effective on July 1, 2006
2. Evaluation Criteria. This Negotiated Bid will be evaluated on the basis of the overall low (per salt type, district, and purchasing entity type.) Please refer
to ASA 18-062 Bid List Instructions for additional information on evaluation criteria.
3. Discussions with Bidders. Discussions may be conducted with bidders after receipt of the initial bid. These discussions may include discussions on
price. If discussions are conducted they will involve all responsive bidders and will be conducted in writing. Equivalent information will be provided to all
bidders with whom discussions are conducted. As a result of these discussions bidders may be asked to submit revised bids. Bidders may respond to this
request by submitting their initial bid unchanged, however prices cannot be increased, they must remain the same or lower.
4. Bid Opening. Initial Bids will be opened on or after the Due Date and Time. The bid opening will not be public, and will be conducted by an employee
of the purchasing agency in the presence of one (1) or more other employees of the purchasing agency. If discussions are conducted with bidders, and
bidders submit revised bids, the procedure for opening of these revised bids will be similar.
5. Bid Register. A bid register will be prepared containing relevant bid information, and will be made public no less than 7 days before the successful
bidder is notified of award of contract, pursuant to Section 9 of IC 5-22-7.3
ASA-19-086, Bid Package, 3 of 20
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT: This Agreement contains the complete and final Agreement between the State and the Contractor and no other Agreement in any way modifying any of said terms and
conditions will be binding upon the State or the Contractor unless made in writing and signed by the State's and the Contractor's authorized representative.
1 (a) – A sample contract that the State expects to execute with the successful Respondent(s) has been provided in this solicitation. (See Sample Contract in bid documents). This
contract contains both mandatory and non-mandatory clauses. It is the State’s expectation that the final contract will be substantially similar to the sample contract provided. In the
yellow text box immediately following this section, please indicate acceptance of these mandatory contract terms. Also, please review the rest of the contract and indicate your
acceptance of the non-mandatory contract clauses in the yellow text box as well. If a non-mandatory clause is not acceptable as worded, suggest specific alternative wording to address
issues raised by the specific clause. If you require additional contract terms please include them in this section. To reiterate, it’s the State’s strong desire to not deviate from the contract
provided in the attachment and, as such, the State reserves the right to reject any and all of these requested changes.
The mandatory master contract terms are as follows:
Duties of Contractor, Rate of Pay, and Term of Contract
Authority to Bind Contractor
Compliance with Laws
Drug-Free Workplace Provision and Certification
Information Technology (Only mandatory when contract is for IT products or services)
Ownership of Documents and Materials
Termination for Convenience
Non-Collusion and Acceptance
2. PRICING: Unit price must be entered and extended, and the total price of the solicitation must be shown. If there is an error between the unit price and total price, the unit price shall prevail.
Awarded Prices: Prices listed for each item are firm and cannot be changed. Any revision in price may be rejected at the discretion of the IN Dept. of Administration and may result in cancellation
of the Purchase Order without recourse on the part of the awarded Contractor. (If discussions are held with bidders, the Awarded Price will be the price contained in the final revised bid submitted by
the winning bidder(s))
3. TERMINATION FOR CONVENIENCE: This Agreement may be terminated, in whole or in part, by the State whenever, for any reason, the State determines that such termination is in the
best interest of the State. Termination shall be affected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which
performance of services under which such termination becomes effective. The Contractor shall be compensated for performance prior to the notice date of termination but in no case shall total
payment made to Contractor exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part.
4. FUNDING CANCELLATION: When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of
performance of this Agreement, this Agreement shall be canceled. A determination by the Budget Director that funds are not appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
5. INSURANCE: If this Agreement provides for work to be performed by the Contractor for the State, the Contractor shall be responsible for providing all necessary unemployment and workers’
compensation, insurance for the Contractor’s employees and liability and property/casualty insurance, as required by the State.. Upon request, the Contractor shall furnish a certificate of insurance
showing coverage acceptable to the State.
6. DELIVERY: Delivery must be made at time agreed upon. If any indicated or actual delays arise, the using agency must be notified immediately, in writing, with the cause for such delay stated. If
any goods are not delivered within the time specified on the Purchase Order, or within a reasonable time not exceeding 30 days after receipt of a Purchase Order if no time is specified, the using
agency may refuse to accept such goods, and this Agreement may be cancelled. Each package shall be numbered and labeled with the State's Purchase Order number, contents and weight, and shall
contain an itemized packing slip and be properly packed for shipment.
7. QUANTITY: Goods shipped in excess of quantity designated in the Purchase Order may be returned at the Contractor’s expense.
8. COMPLIANCE WITH SPECIFICATIONS: The goods and/or services shall conform strictly to the specifications, drawings, or samples specified or furnished in connection with the
bid/quote, all of which are incorporated herein. The Contractor warrants all goods and/or services delivered to be free from defects of material or workmanship. This warranty shall survive any
inspection, delivery, acceptance, or payment by the State of the goods and/or services. Inspections shall be on the State's premises unless otherwise specified. The State shall have the right to reject
and return at the Contractor's expense, or to require at the Contractor's expense, the correction or replacement of materials, workmanship, or services which are defective or do not conform to the
requirements of the Purchase Order.
9. WARRANTY: The Contractor will furnish all parts and maintenance at no charge for a period of at least 90 days or the manufacturer’s standard warranty, whichever is longer, provided that such
maintenance and parts are not required because of accident, neglect, misuse, or force majeure event. Contractor shall be responsible for removal and/or disposal of all replaced parts. Prior to the
expiration of the warranty period, whenever equipment is shipped for a mechanical replacement purpose, the Contractor shall bear all cost of such shipment including, but not limited to, cost of
packing, transportation, rigging drayage, and insurance. All replacements shall be covered by a new warranty.
10. INTELLECTUAL PROPERTY DEFENSE: The Contractor shall, at its own expense, defend, indemnify and hold harmless the State with respect to any claims that the goods and/or
services furnished under this Agreement violates any third party intellectual property rights including, but not limited to, patents, copyrights, trademarks and trade secrets
11. PAYMENTS: All payments shall be made in arrears in conformance with State fiscal policies and procedures and, as required by IC4-13-2-14.8, by electronic funds transfer to the financial
institution designated by the Contractor in writing unless a specific waiver has been obtained from the Auditor of State. No payments will be made in advance of receipt of the goods or services that
are the subject of this Agreement except as permitted by IC 4-13-2-20.
12. COMPLIANCE WITH LAWS: The Contractor agrees to comply with all applicable federal, state, and local laws, rules, regulations, or ordinances, and all provisions required thereby to be
included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed
by the State and the Contractor to determine whether the provisions of this Agreement require formal modification.
13. COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT: As required by IC 5-22-3-7, the Contractor and any principals of the Contractor certify that (A) the Contractor, except for
de minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone Solicitation of Consumers], (ii) IC 24-5-12 [Telephone Solicitations], or (iii) IC 24-5-14 [Regulation of
Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Contractor will not violate the terms of IC 24-4.7 for the
duration of the Agreement, even if IC 24-4.7 is preempted by federal law. The Contractor and any principals of the Contractor certify that an affiliate or principal of the Contractor and any agent
acting on behalf of the Contractor or on behalf of an affiliate or principal of the Contractor: (A) except for de minimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the
previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of the Agreement, even if IC 24-4.7 is
preempted by federal law.
14. NONDISCRIMINATION: Pursuant to IC 22-9-1-10 and Civil Rights Act of 1964, the Contractor and its Agents, if any, shall not discriminate against any employee or applicant for
employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to
employment, because of race, religion, sex, disability, national origin, ancestry or status as a veteran. The Contractor, and its subcontractor(s), if any, shall comply with all applicable affirmative action
reporting requirements. Breach of this covenant may be regarded as a material breach of this Agreement. The Contractor shall comply with Section 202 of Executive Order 11246, as amended, 41
CFR 60-250, and 41 CFR 60-741, as amended.
ASA-19-086, Bid Package, 4 of 20
15. DRUG-FREE WORKPLACE CERTIFICATION: As required by Executive Order No. 90-5, the Contractor hereby covenants and agrees to make a good faith effort to provide and maintain
a drug-free workplace. The Contractor will give written notice to the State within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor in Indiana has been
convicted of a criminal drug violation occurring in the Contractor’s workplace.
16. TAXES: Prices listed on an invoice submitted by the Contractor for payment is not to include any tax for which the State is exempt. The State will furnish a tax exempt certificate, if requested by
the Contractor. The State will not be responsible for any taxes levied on the Contractor as a result of this Agreement.
17. FORCE MAJEURE: In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits, because of natural disaster or decrees of
governmental bodies not the fault of the affected party (“Force Majeure Event”), the party who has been so affected shall immediately give notice to the other party and shall do everything possible to
resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of
notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement.
18. GOVERNING LAWS: This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State of Indiana.
19. INFORMATION TECHNOLOGY ENTERPRISE ARCHITECTURE REQUIREMENTS: If Contractor provides any information technology related products or services to the State,
Contractor shall comply with all Indiana Office of Technology (IOT) standards, policies, and guidelines, which are online at http://iot.in.gov/architecture/. Contractor specifically agrees that all
hardware, software, and services provided to or purchased by the State shall be compatible with the principles and goals contained in the electronic and information technology accessibility standards
adopted under Section 508 of the Federal Rehabilitation Act of 1973 (29 U.S.C. 794d) and IC 4-13.1-3. Any deviation from these architecture requirements must be approved in writing by IOT in
advance. The State may terminate this Agreement for default if Contractor fails to cure a breach of this provision within a commercially reasonable time.
1 (a) As referenced in Section 1a of the Terms and Conditions (page 4 of 21) and the Sample Contract included within the bid
documents, please indicate acceptance of the mandatory contract terms in the field below. Also, please review the rest of the contract
and indicate your acceptance of the non-mandatory contract clauses. If a non-mandatory clause is not acceptable as worded, suggest
specific alternative wording to address issues raised by the specific clause. If you require additional contract terms please include them
in this section. To reiterate, it is the State’s strong desire to not deviate from the sample contract provided in the attachment and, as
such, the State reserves the right to reject any and all of these requested changes. Failure to provide your agreement, rejection, or
alternative wording of the contract terms may lead to the rejection of your bid. Please be sure to include responses in the
designated field below.
ASA-19-086, Bid Package, 5 of 20