Enter your company name Schedule A – Statement of Work Request for Solicitation: 260000001968 Herbicides, Tank Mixing, and Training This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required. Yellow fields are also used to identify areas where a bidder response is required.

The Contractor must respond to each requirement or question and explain how it will fulfill each requirement. Attach any supplemental information and reference it appropriately within your response.

Background The Michigan Department of Transportation (MDOT) employs an Integrated Roadside Vegetation Management (IRVM) methodology to manage roadside vegetation. A component of this methodology involves the application of herbicides to control broadleaf weeds, brush, and invasive plant species. Similarly, the Department of Natural Resources (DNR) utilizes herbicides to mitigate the spread of invasive species on state lands, conduct forestry site preparation, implement release treatments, and suppress certain forest insect populations.

Scope The scope of this contract encompasses the provision of herbicides as well as training related to chemical storage, tank mixing and product blending, equipment calibration, and the application of herbicides within the right-of-way.

Other State Agencies and locations may request products and services as needed. The State of Michigan reserves the right to add any additional products and services related to the contracted vendors business offerings.

General Requirements The Contractor must provide all products and services outlined in Schedule B – Pricing.

Product Specifications This is a contract for Herbicides and Training in storing chemicals, tank mixing and blending products, calibrating equipment, and applying herbicides in the right-of-way and State land. The Contractor must provide the products outlined in Exhibit B, Pricing.

The Contractor may offer an alternate bid that varies from the specifications. An alternate bid must clearly describe all variances from the specifications, and the proposal must include descriptive literature that contains complete specifications, if available.

Warranties Bidder Response

Bidder must describe any warranties included in the bid and provide the length of the warranty. Explain the process for reporting warranty issues and how the Contractor how any repairs or replacements are made, including timing. If the warranty is provided through a third-party or manufacturer, the Contractor must confirm that the manufacturer’s warranty passes through to the State. Provide the name, address, contact name, phone number and email address of the party responsible for the warranty.

Describe how you will comply with the requirement(s)

The State reserves the right to require additional warranties other than those identified by the Contractor in its response to this RFP.

Recall Requirements and Procedures The Contractor must notify of any recalls via email within three business days in the event of a recall and will require any and all compromised materials be sent back to contractor at no expense to the state. The Contractor must implement any corrective actions regarding recall requirements and procedures at no additional cost to the State.

Bidder Response

Bidder must describe any recall procedures.

Describe how you will comply with the requirement(s)

Quality Assurance Program Upon delivery and inspection, if the materials do not meet the stated specifications, the State reserves the right to reject the product and return it to the Contractor at no cost to the State. Upon notification of nonconformance, the Contractor must correct the deficiency, including replacing materials and performing any required remediation, within five business days, at no additional cost to the State.

Bidder Response

Contractor is to provide contact for quality issues.

Employee Name:

Employee Title:

Employee Phone (direct):

Employee email:

Incentives Bidder Response

Explain any special incentives or services including, but not limited to, return policies, trade-in programs, quantity discounts, etc.

Describe how you will comply with the requirement(s)

ADA Compliance The State is required to comply with the Americans with Disabilities Act of 1990 (ADA), including its accessibility standard for websites, applications, content and documents. All Contract Activities created, provided, or made available by Contractor under this Contract in a digital format, including but not limited to, websites, applications, software, mobile applications, text, images, sounds, videos, controls, animations, links, and documents (including files in the following formats: PDF, word processing, presentation, and spreadsheet) must comply with the accessibility standards provided in the Digital Accessibility Standards, located at https://www.michigan.gov/standards.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Deliveries All Contract Activities must be delivered within 10 business days from receipt of order during the facility’s business hours. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Technical Support and Repairs The Contractor must provide technical support for chemical storage, tank mixing and blending, equipment calibration, and herbicide application within the right-of-way and/or state lands. The Contractor must resolve each technical support request within 24 hours. If an issue cannot be resolved within that timeframe, on-site service must be scheduled. All on-site service must be completed within three business days from the time it is scheduled.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Training Bidder Response

Explain any training that is included in your proposal, as well as any additional training capabilities available. Any costs associated with training must be detailed in Schedule B – Pricing.

Explain your proposed training program

Reporting The Contractor must submit to the Program Manager or their designee the following written reports:

Consumables Purchase Report A detailed report listing all consumables purchased under the Contract. The report must include:

Types and quantities of items ordered Ordering agency and location of delivery Unit price and extended purchase price This report must be made available upon request by the State within 30 days of the written request. The State reserves the right to request additional reports, at no additional charge.

Invoice Report The invoice report must include, at a minimum:

Invoice number, invoice date, and billing period Total amount billed for the reporting period Cumulative contract to date billing Itemized list of goods and/or services provided, including quantities, unit prices, and extended totals Delivery Order numbers or other applicable authorization references Identification of any credits or adjustments The reports must be made available upon request by the State within 30 days of the written request. The State reserves the right to request additional reports, at no additional charge.

Bidder Response

Explain your reporting capabilities, any reporting that is included in your proposal, and any additional reporting capabilities.

Describe how you will comply with the requirement(s)

Meetings The Contractor must attend the following meetings:

The State may request a kick-off meeting.

The Contractor must attend the MDOT Annual Vegetation Management Conference, which is typically held in the spring of each calendar year. The Contractor must deliver a presentation on its product offerings and respond to any product-related questions posed by conference participants.

The State may request other meetings as it deems appropriate.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Contractor Program Manager The Contractor must appoint one individual specifically assigned to State of Michigan accounts who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. during the hours of 8 am to 5 pm EST, Monday through Friday, at a minimum (the “Contractor Program Manager”). Initial response to all inquiries must be provided within one (1) business day. Resolution or escalation of the issue must occur within three (3) business days of initial contact.

The Contractor must notify the Contract Administrator at least 14 calendar days before removing or assigning a new Contractor Program Manager.

Bidder Response

The Contractor must specify its Contractor Program Manager.

Insert Contractor Program Manager Contact Information (name, phone number, email address):

Organizational Chart Bidder Response

Provide an overall organizational chart that details staff members, by name and title, and subcontractors.

Add your org chart here or insert the label or filename if you are adding it as a separate attachment.

Customer Service Number Bidder Response

The Contractor must specify its customer service number for the State to contact the Contractor Program Manager who must be available for calls during the hours of 8 am to 5 pm EST, Monday through Friday, at a minimum. Identify customer service availability for this proposal by hours and days of the week.

Insert customer service number

Technical Support, Repairs and Maintenance The Contractor must be available for calls and service during the hours of 8 am to 5 pm EST, Monday through Friday at a minimum. Identify availability for this proposal by hours and days of the week.

Bidder Response

The Contractor must specify its technical support number for the State to contact the Contractor for technical support, repairs and maintenance.

Insert technical support number and availability

Disclosure of Subcontractors If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Contractor.

Of the total bid, the price of the subcontractor’s work.

Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Geographically Disadvantaged Business Enterprise Sub-Contractors: If contractors plan to utilize subcontractors to perform more than 20% of the deliverables under this contract, at least 20% of that subcontracted work must be awarded to Michigan-based Geographically Disadvantaged Business Enterprises (GDBE). Contractor will submit a plan detailing all subcontractors to be used, including the percentage of the work to be done by each. Contractor must inform the State to the name and address of the GDBE, the percentage of the work they will complete, the total amount estimated to be paid to the GDBE, and provide evidence for their qualifications as a GDBE. If contractor cannot find GDBE subcontractors to meet this requirement they must provide reasoning and justification to receive an exemption from this requirement from the State. (Existing business relationships will not be an approved reason for this.)

GDBE definition: "Geographically Disadvantaged Business Enterprise" also known as GDBE, is a Michigan-based business that satisfies one or more of the following: (i) Is certified as a Michigan HUBZone Small Business Concern by the United States Small Business Administration. (ii) Has a principal place of business located within a Qualified Opportunity Zone within Michigan. (iii) More than half of its employees either work at a secondary location or have a principal residence located within a Qualified Opportunity Zone within Michigan, or both.

Additional information on GDBEs can be found here:

DTMB - Geographically Disadvantaged Business Enterprise Required Subcontractor information. Bidders must complete the table below for each anticipated subcontractor. Copy the table as many times as needed for each subcontractor. Complete the second table with the percentage of work that will be completed by all subcontractors involved.

The legal business name, address, telephone number of the subcontractor(s).

A description of subcontractor’s organization and the services it will provide and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Bidder.

Is the subcontractor a GDBE?

Whether the Bidder has a previous working experience with the subcontractor.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Of the total bid, the price of the subcontractor’s work.

Work performed by subcontractors

Total percentage of work that will be performed by subcontractors: Insert %

Total percentage of subcontracted work that will be performed by GDBE subcontractors: Insert %

Price Term Pricing is firm for a 365-day period (“Pricing Period”). The first pricing period begins on the Effective Date. Adjustments may be requested in writing by either party and will take effect no earlier than the next Pricing Period.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Price Changes Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Authorizing Document The appropriate authorizing document for the Contract will be a delivery order (DO).

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Order Verification The Contractor must have internal controls approved by the agency Program Manager, to verify abnormal orders and to ensure that only authorized individuals place orders.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Delivery Programs Bidder Response

The Contractor must explain in detail its delivery program(s) (e.g., standard delivery and quick-ship), including any limitations such as quantity.

Explain delivery program(s)

The Contractor must explain the transportation method(s) (e.g., UPS, FedEx, Contractor fleet, or other third-party carrier) it intends on utilizing in delivery of the Contract Activities.

Explain transportation method(s)

Packaging and Palletizing Packaging must be optimized to permit the lowest freight rate. Shipments must be palletized whenever possible using manufacturers’ standard 4-way shipping pallets.

Herbicide blends must be provided in accordance with the UAA BMP Closed Chain of Custody for Herbicide Use in the Utility Vegetation Industry Management.

Custom blends shall conform to the technical requirements outlined herein.

Containers must meet the specification guidelines provided herein for returnable/refillable containers. Products must be packaged in containers that are designed, constructed, and marked to comply with the requirements of DOT / UN regulations.

Drum Specifications Containers must be available in each of the following sizes of returnable/refillable container: 15 and 30-gallon plastic drums; 120, 180, 330, and 350-gallon totes.

Each container must be uniform in size, equipped with a tamper evident seal and one-way Micromatic valve designed and constructed to allow unrestricted flow in one direction and no flow in the opposite direction.

Container material shall be polyethylene plastic; containers shall meet the specification requirements of DOT Title 49 CFR Performance Oriented Packaging Standards Section 178; containers shall be natural/white in color to provide visibility of the contents; containers shall be marked with gallon and liter increments.

Handling rings shall be provided on both top and bottom of all drums.

Container shall have a convex bottom and center sump that allows complete removal of all material.

A permanent number and/or bar code shall be affixed to the container to provide container tracking data.

EPA establishment number and batch code reference shall be affixed to the drum via a label protected from the environment.

A label identifying the blended product shall be affixed to the container; individual product label and MSDS labels in accordance with EPA regulations shall also be affixed to the container.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Custom Blending Specifications Supplier guarantees that blends are plus or minus 0.25% of specifications Custom blending facilities shall have computer-controlled processing and tank monitoring system. All blending units shall be constructed of stainless steel, permanently fixed in the facility, and must be equipped with state-certified scales.

Individual batch samples will be retained by the supplier for a minimum of three years or per EPA regulations.

Documentation shall be available upon request confirming compatibility tests for the blend have been performed.

The manufacturer shall provide a statement identifying the expected shelf life of each custom blend and any storage limitations that there may be.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Container Shipment and Pickup Supplier shall provide the ability to track order history and individual shipments.

Supplier shall provide the ability to track containers shipped.

The supplier will ship all material within three (3) days of the receipt of the order to the specified destination.

All drums will be shipped on returnable pallets provided by the Supplier and shall be shrink- wrapped.

The supplier’s authorized Distributor shall be responsible for arranging for the return of empty containers.

The supplier will have a maximum of five (5) calendar days from the time of notification to arrange for pickup of empty returnable/ refillable containers.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Requirements For Returnable/Refillable Containers Herbicide blends must be provided in accordance with the UAA BMP Closed Chain of Custody for Herbicide Use in the Utility Vegetation Management Industry Management.

Custom blends shall conform to the technical requirements outlined herein.

Containers must meet the specification guidelines provided herein for returnable/refillable containers. Products must be packaged in containers that are designed, constructed, and marked to comply with the requirements of DOT / UN regulations.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Acceptance, Inspection and Testing The State will use the following criteria to determine acceptance of the Contract Activities:

The state will accept the order after verifying the quantity, brand requirement, and condition of the packaging. Torn packages, leaking packages, and other evidence of tampering will not be accepted. Non-specified products will not be accepted.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Invoice Requirements All invoices submitted to the State must include: (a) date; (b) delivery order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); (g) vendor-generated invoice number and (h) total price.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Payment Methods The State will make payment for Contract Activities via Electronic Funds Transfer (EFT).

Bidder Response

Explain your process for ordering and accepting this payment method. If an account needs to be created on your purchasing platform, please submit documentation that shows the steps for completing this process.

Explain your process.

Licensing Agreement The Contractor must provide a copy of their valid Agricultural Pesticide Dealer License from The Michigan Department of Agriculture and Rural Development in accordance with provisions of MCL 324.8310a. Restricted Use Pesticide dealer (RUP) license is also sufficient.

Bidder Response

☐ I confirm the License has been attached to the bid.

Liquidated Damages Late or improper completion of the Contract Activities will cause loss and damage to the State and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $1,000.00 and an additional $500.00 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Environmental and Energy Efficiency Product Standards The Contractor must identify any energy efficient, bio-based, or otherwise environmentally friendly products used in the products. Contractor must include any relevant third-party certification, including the verification of a United States Department of Agriculture certified bio-based product label. Contractor must describe how products that meet these requirements are identified or otherwise labelled and list any exceptions to this requirement.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

List all exceptions – in the Exceptions List table below.

Bidder must provide detailed information as required above – either in this response box or identified here as an attachment to this RFP.

Describe how you will comply with the requirements or indicate the filename of the attachment.

Exceptions List

Hazardous Chemical Identification In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.

The Contractor must identify any hazardous chemicals that will be provided under any resulting contract.

Bidder Response

☐ I confirm the above requirement and agree with no exception

Mercury Content Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. The Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If a cost competitive alternative does exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury.

Bidder Response

☐ I confirm the above requirement and agree with no exception

Brominated Flame Retardants The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible. The Contractor must disclose whether the products contain BFRs and describe how the products are identified or otherwise labelled.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

List all exceptions – in the Exceptions List table below.

Exceptions List

Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) The Contractor must confirm that the provided products do not intentionally contain PFAS. This consists of all components of the provided products, including product packaging.

Bidder Response

☐ I confirm the above requirement and agree with no exception

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