1 Proposal Instructions - Baraga CSC.docx

Department of Natural Resources Janitorial Services DNR Baraga Customer Service Center Request for Proposal No. 220000000406

Solicitation Manager Name: Lisa Crozier-Green Email: CrozierGreenL@michigan.gov

The sole point of contact for the State concerning this RFP is the Solicitation Manager.

Contacting any other State personnel, agent, consultant, or representative about this RFP during the RFP process may result in proposal disqualification.

All questions regarding this RFP must be EMAILED to the Solicitation Manager.

Emailed responses will not be provided. Verbal responses will not be provided.

Answers will be posted on SIGMA VSS only

*A bidder’s proposal received at 3:00:01 p.m. Eastern is late and subject to disqualification.

This RFP is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

Michigan.gov/MiProcurement

Michigan.gov/MiProcurement proposal instructions

Version 11(5/2020)

Version 12 (10/2020) 2 Please read all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet.

Bidders must follow the Proposal Instructions, complete and attach all required documentation with the proposal in SIGMA VSS. Please provide complete responses to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name and SIGMA Vendor ID on all documents submitted with the proposal.

Note that all documents and information submitted as part of a proposal will become public record immediately upon receipt by the State. Proposals received by the State may be posted on the State’s publicly available website after bidders are notified of the award recommendation.

RFP Structure and Documentation

1. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is the Solicitation Manager, listed on the Cover Page. Contacting any other State personnel, agent, consultant, or representative about this RFP may result in proposal disqualification. The RFP process begins when the RFP is posted on SIGMA VSS and continues through Contract execution.

2. PRE-PROPOSAL MEETING.

PLEASE NOTE: No pre-proposal meeting has been scheduled. Bidders interested in touring the facility prior to submitting a proposal should EMAIL the Solicitation Manager to schedule a pre-bid site visit. Appointments may be scheduled from 11/29/21 through 12/3/21.

Bidders with a scheduled site visit may ask questions regarding site conditions and work to be performed during the site visit. Questions regarding this RFP (RFP documents, bidding requirements, proposal submission, timeframe, evaluation, contract, or questions about site conditions or work to be performed that arise after the pre-bid meeting, etc.) must be EMAILED to the Solicitation Manager.

3. MODIFICATIONS. The State may modify this RFP at any time. Modifications will be posted on SIGMA VSS. This is the only method by which the RFP may be modified.

4. QUESTIONS. Bidder questions about this RFP must be EMAILED to the Solicitation Manager no later than the time and date specified on the Cover Page.

Please do not submit questions in SIGMA. Email questions to the Solicitation Manager. Questions will be compiled, and all questions with official answers will be posted in SIGMA VSS.

Please DO include your SIGMA Vendor ID.

In the interest of transparency, only written questions are accepted. Answers to questions will be posted on SIGMA VSS. Submit questions using the format below; a Microsoft Excel format or similar is suggested.

Bidder SIGMA Vendor I.D. ___________

5. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through SIGMA VSS. Please download the RFP documents from SIGMA VSS and complete all required documents prior to beginning the proposal submission in SIGMA. Please do not attempt to FAX a proposal. DNR staff are still working from home with no access to FAX machines.

All documents must be submitted in Word format. Schedule B – Price must be saved and attached as a separate document. Bidders may attach PDF copies, but mandatory documents must be attached in modifiable Word format. Failure to submit a proposal as required may result in proposal disqualification. The proposal in SIGMA VSS and all attachments must be fully uploaded and submitted prior to the proposal deadline.

To make bid submission in SIGMA as seamless as possible, please access the RFP in SIGMA, then download, complete and save all the attachments to your computer as Word documents before you begin entering the bid in SIGMA.

Bidders must be registered in SIGMA VSS to submit a proposal. Do not wait until the last minute to register as a vendor in SIGMA VSS or to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation, even if a portion of the proposal has been uploaded. Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749.

Note that all documents and information submitted in any manner as part of a proposal will become public record immediately upon receipt by the State. Proposals received may be posted by the State on the State’s publicly available website after bidders are notified of the award recommendation.

6. EVALUATION PROCESS. A responsive proposal is one that is submitted in accordance with the proposal instructions and meets all requirements identified in the solicitation and / or Schedule A – Statement of Work. A responsible vendor successfully demonstrates, by the responses provided in the Vendor Questions Worksheet, that the vendor can successfully provide the goods and / or perform the services identified by the solicitation. Proposals may be considered non-responsive and / or disqualified if not submitted in accordance with the solicitation instructions, or which do not include all the information requested. The State may request vendor clarification on vague or ambiguous responses but cannot request clarification if no response is included. Proposals considered non-responsive and / or disqualified may not be considered for award recommendation.

Proposals must include complete responses to

· Vendor Questions Worksheet

· Schedule A – Statement of Work

· Schedule B1, Part II – Vendor Work Plan

· Schedule B1, Part III – Vendor Price Quote

The State will evaluate each proposal based on the following factors:

The Vendor Questions Worksheet will be evaluated to determine whether the vendor possesses the relevant experience to successfully provide the Contract Activities.

Schedule A – Statement of Work will be evaluated to determine whether the vendor has demonstrated the ability to meet the required specifications and to comply with State requirements.

Schedule B – Part II – Vendor Work Plan will be evaluated to determine whether the vendor has demonstrated the ability to successfully perform the requirements provided in Schedule A – Statement of Work.

Proposals receiving a PASS on all documents will have pricing evaluated and be considered for award.

PRICE EVALUATION

Schedule B – Part III – Vendor Price Quote will be evaluated to determine whether the price proposed for the Contract Activities is within the State’s anticipated fair market value. Schedule B – Vendor Price Quote must be completed and a price for each service included in the proposal must be submitted as an attachment to the proposal entered in SIGMA VSS. The price provided in each line item (lot) in SIGMA VSS should be the Total Annual Quote from Schedule B1, Part III for each of the services requested.

The State is not obligated to accept the lowest priced proposal.

The State may utilize all bidder information without regard to a proposal’s technical score and may review the vendor’s website or contact references to determine whether the vendor can successfully provide the services required, or to determine fair market value for the services sought.

If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB.

The State strongly encourages strict adherence to the Contract Terms. The State reserves the right to deem a bid non-responsive for failure to accept the Contract Terms. Nevertheless, the bidder may submit proposed changes to the Contract Terms in track changes (i.e., visible edits) with an explanation of the bidder’s need for each proposed change. Failure to include track changes with an explanation of the bidder’s need for the proposed change constitutes the bidder’s acceptance of the Contract Terms. General statements, such as that the bidder reserves the right to negotiate the terms and conditions, may be considered non-responsive.

The State may but is not required to conduct an on-site visit to tour and inspect the bidder’s facilities; require an oral presentation of the bidder's proposal; conduct interviews, research, reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

7. NOTICE OF DEFICIENCY. The State reserves the right to issue a Notice of Deficiency to bidders if the State determines after the proposal deadline that a portion of the RFP was deficient, unclear, or ambiguous. Failure to respond to a Notice of Deficiency timely may be cause for disqualification.

8. CLARIFICATION REQUEST. The State reserves the right to issue a Clarification Request to a bidder to clarify its proposal if the State determines the proposal is not clear. Failure to respond to a Clarification Request timely may be cause for disqualification.

9. RESERVATIONS. The State reserves the right to:

a. Disqualify a bidder for failure to follow these instructions.

b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your preparation and submission of a proposal, and the State’s subsequent receipt and evaluation of your proposal does not commit the State to award a contract to you or anyone, even if all the requirements in the RFP are met.

c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the State received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or (iv) the award process fails to result in an award.

d. Consider an otherwise disqualified proposal if no other proposals are received.

e. Disqualify a proposal based on: (i) information provided by the bidder in response to this RFP; (2) the bidder’s failure to complete registration on www.michigan.gov/SIGMAVSS ; or (3) if it is determined that a bidder purposely or willfully submitted false or misleading information in response to the RFP.

f. Consider prior performance with the State in making its award decision.

g. Consider overall economic impact to the State when evaluating proposal pricing and in the final award recommendation. This includes but is not limited to: considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, and economically disadvantaged businesses.

h. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating proposal pricing and in the final award recommendation.

i. Refuse to award a contract to any bidder that has failed to pay State taxes or has outstanding debt with the State.

j. Negotiate with one or more bidders on price, terms, technical requirements, or other deliverables.

k. Award multiple, optional-use contracts, or award by Contract Activity.

l. Evaluate the proposal outside the scope identified in the Evaluation Process section of this document if the State receives only one proposal.

10. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder receiving a PASS on both proposal documents, offering the best combination of factors stated in the Evaluation Process section of this document, and price as demonstrated by the proposal. The State will post a Notice of Intent to Award (NIA1) on SIGMA VSS which will include, as an attachment, the Award Recommendation and Evaluation Synopsis.

11. DEBRIEF MEETING AND BID PROTEST. The Award Recommendation and Evaluation Synopsis will provide instructions on how participating bidders may request a debrief meeting. Vendors who did not submit a proposal and / or subcontractors of bidders are ineligible for a debrief meeting.

Participating bidders who wish to initiate a protest of the award must submit a written protest to GyorkosL@michigan.gov no later than 3:00 p.m. EST five (5) calendar days after posting the Notice of Intent to Award, or by 3:00 p.m. EST the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

Additional information regarding the protest process and information required is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

12. STATE ADMINISTRATIVE BOARD. Contracts equal to $250,000 or greater than require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, its approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

13. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the bidder, the State may, at its option, incorporate any part of the bidder’s proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the State’s environment or contain all matters upon which agreement must be reached. Other than verified trade secrets, proposals submitted via SIGMA VSS are the State’s property.

14. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. As a public record, all portions of the bidder’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, the State may exempt some information from disclosure as permitted by law. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a bidder’s proposal is exempt from disclosure under FOIA. A bidder’s failure to comply with this Section is grounds for rejecting a bidder’s proposal as non-responsive. As a part of its proposal, each bidder must follow the procedure below.

Complete and sign Section 1 of the CT Form if the bidder does NOT request confidential treatment of information contained in its proposal; or

i. Complete and sign Section 2 of the CT Form if the bidder DOES request confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

ii. Failure to complete and sign a CT Form may result in disqualification of the bidder. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow the CT Form instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation.

b. FOIA REQUESTS. If a FOIA request is made for a bidder’s proposal, the Public Copy may be distributed to the public along with the bidder’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

c. NO ADVICE. The State will not advise a bidder as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

d. FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

e. Bids containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Bidders may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL 18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

f. Bidder forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of bidder’s proposal submitted under this RFP. Bidder must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of bidder’s proposal submitted under this RFP that bidder has identified as a trade secret, or financial or proprietary information. The State will notify bidder in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense, or any portion thereof, if the State deems necessary. Bidder will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

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