2020 Herbicide Solicitation.1428.Am2.docx

STATE OF MICHIGAN

Department of Transportation

Herbicides for Highway Right of Way Request for Proposal No. 200000001428, Amendment 2 (To Update Schedule B Pricing–Items 16 and 17)

Solicitation Manager Name: ReChelle I. Benson Direct Phone: 517-335-5905 Email: BensonR4@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Proposal (RFP) for:

Herbicides and training for using and storing products

RFP Timeline

*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.

PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response 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 in the header of all documents submitted with your proposal.

RFP Structure and Documentation

Schedule B – Pricing (10 pages)

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is listed on the Cover Page. Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

3. MANDATORY PRE-PROPOSAL MEETING BY TELECONFERENCE.

A mandatory pre-proposal meeting (by teleconference) will be held on Thursday, March 26, 2020 from 10:00 a.m. – 12:00 p.m., EST. Please use the following information to call in: 1-888-398-2342; Participate Code: 5221521#.

The purpose of the pre-proposal meeting (by teleconference) is to discuss the RFP. Statements made by the Solicitation Manager or designee at a pre-proposal meeting are not considered modifications to the RFP. If, however, the Solicitation Manager determines modifications to the RFP are warranted after the meeting, modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in Section 4, Modifications.

Attendance at the pre-proposal meeting is limited to 1 person per bidder. If the pre-proposal meeting is mandatory, a bidder may be disqualified by being late. Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 10 business days before the date of the meeting. Accommodation requests received outside this time period cannot be guaranteed.

4. MODIFICATIONS. The State may modify this RFP at any time. Modifications will be posted on www.michigan.gov/SIGMAVSS . This is the only method by which the RFP may be modified.

5. QUESTIONS. Bidder questions about this RFP must be to the Solicitation Manager no later than the time and date specified on the Cover Page. In the interest of transparency, only written questions are accepted. Answers to questions will be posted on www.michigan.gov/SIGMAVSS. Submit questions using the format below; a Microsoft Excel format or similar is suggested.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute 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 Closing On/Closing Date fields (Summary view/Detail view), 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. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

Only proposals meeting the mandatory minimum requirements will be considered for evaluation.

7. EVALUATION PROCESS. The State will evaluate each proposal based on the following factors:

Proposals receiving 80 or more technical evaluation points will have pricing evaluated and considered for award.

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. 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: https://www.michigan.gov/dtmb/0,5552,7-358-82550_85746_48677-412612--,00.html.

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.

8. 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.

9. 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.

10. 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. Enter into negotiations 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 Section 7, Evaluation Process, if the State receives only one proposal.

11. 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 meeting the minimum point threshold and offering the best combination of the factors stated in Section 8, Evaluation Process, and price, as demonstrated by the proposal. The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS.

12. DEBRIEF MEETING AND BID PROTEST. The State will post an Award Recommendation and Evaluation Synopsis, which will provide instructions on how to request a debrief meeting.

If you wish to initiate a protest of the award, you must submit your written protest to Carol R. Rademacher at RademacherC@michigan.gov, no later than 3:00 p.m., 3 calendar days after posting the Award Recommendation and Evaluation Synopsis or by 3:00 p.m. 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 about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

13. 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.

14. 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 www.michigan.gov/SIGMAVSS are the State’s property.

15. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. 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, some information may be exempt from disclosure. 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.

a. SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process.

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

ii. Complete and sign Section 2 of the CT Form if the bidder requests 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.”

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.

CONFIDENTIAL TREATMENT FORM (CT FORM)

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information. Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. See Section Error! Reference source not found. of the Proposal Instructions for additional information.

Section 1. Confidential Treatment Is Not Requested

This section must be completed, signed, and submitted with the proposal if bidder does not request confidential treatment of any material contained in the proposal.

By signing below, the bidder affirms that confidential treatment of material contained in the proposal is not requested.

[Printed Name] [Title] [Company]

Section 2. Confidential Treatment Is Requested

The section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary. The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) identifies whether the material is a trade secret (TS), financial information (FI), or proprietary information (PI); (2) explains the specific legal grounds that support treatment of the material as TS, FI, or PI; and (3) provides the contact information for the person at bidder’s organization authorized to respond to inquiries by the State concerning the material. Bidders must not simply cite to an applicable act or case name; rather, bidders must provide a complete justification as to how the material falls within the scope of an applicable act or relevant case law.

CONFIDENTIAL TREATMENT FORM (CT FORM)

By signing below, the bidder affirms that confidential treatment of material contained in its proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

[Printed Name] [Title] [Company]

VENDOR QUESTIONS WORKSHEET

Provide a detailed response to each question. “You” and “company” refers to the bidder.

1. Contact Information

Bidder’s sole contact person during the RFP process. Include name, title, address, email, and phone number.

Person authorized to receive and sign a resulting contract. Include name, title, address, email, phone number and vendor customer code in SIGMA VSS.

2. Company Background Information

Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number

Website address

Number of years in business and number of employees

Legal business name and address of parent company, if any

Has there been a recent change in organizational structure (e.g., management team) or control (e.g., merger or acquisition) of your company? If the answer is yes: (a) explain why the change occurred and (b) how this change has affected your company.

Discuss your company’s history. Has growth been organic, through mergers and acquisitions, or both?

Has bidder ever been debarred, suspended, or disqualified from bidding or contracting with any entity, including the State of Michigan? If yes, provide the date, the entity, and details about the situation.

Has your company been a party to litigation against the State of Michigan? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction.

Within the last 5 years, has your company or any of its related business entities defaulted on a contract or had a contract terminated for cause? If yes, provide the date, contracting entity, type of contract, and details about the termination or default.

State your gross annual sales for each of the last 5 years.

If receiving a contract under this RFP will increase your gross revenue by more than 25% from last year’s sales, explain how the company will scale-up to manage this increase.

Describe partnerships and strategic relationships you think will bring significant value to the State.

State the physical address of the place of business that would have primary responsibility for this account if bidder is awarded a contract under this RFP.

3. Qualified Disabled Veteran/Service-Disabled Veteran-Owned Business Program

To demonstrate qualification as a qualified disabled veteran, you must provide:

(a) Proof of service and conditions of discharge (DD214 or equivalent);

(b) Proof of service-connected disability (DD214 if the disability was documented at discharge or Veterans Administration Rating Decision Letter or equivalent if the disability was documented after discharge); and

(c) Legal documents setting forth the ownership of the business entity.

In lieu of the documentation identified above, you may provide proof of certification by the National Veterans Business Development Council.

Enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

Did your company, an employee, agent, or representative of your company, or any affiliated entity participate in developing any component of this solicitation? For purposes of this question, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly: (1) either one controls or has power to control the other or (2) a third-party control or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities or equipment, and common use of employees.

If you entered “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

5. State of Michigan Experience and Prior Experience

Does your company have experience working with the State of Michigan? If so, please provide a list (including the contract number) of the contracts you hold or have held with the State for the last 10 years.

Describe at least 3 relevant experiences from the last 5 years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

Experience 1

Company name Contact name Contact role at time of project Contact phone Contact email

City State Zip

1. Project name and description of the scope of the project

2. What role did your company play?

3. How is this project experience relevant to the subject of this RFP?

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

Experience 2

Company name

Contact role at time of project

City

1. Project name and description of the scope of the project

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

Experience 3

Company name

Contact role at time of project

City

1. Project name and description of the scope of the project

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

6. Standard Contract Terms

Bidder must affirm agreement with the attached Contract Terms. If not in agreement, written exceptions in accordance with the Evaluation Process in Section 7 of the Proposal Instructions must be provided with Bidder’s proposal.

7. Michigan Economic Impact

Number of employees currently employed at locations within the State of Michigan

Number of additional employees to be employed at locations within the State of Michigan if awarded this Contract (if any)

Minimum wage paid to employees employed at locations within the State of Michigan

Average wage paid to employees employed at locations within the State of Michigan

Percentage of employees employed at locations within the State of Michigan that are covered by employer-provided health insurance

8. Other

Request For Proposal No. 200000001428, Amendment 2 Herbicides for MDOT

SCHEDULE A

STATEMENT OF WORK

CONTRACT ACTIVITIES

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.

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

BACKGROUND

MDOT utilizes an Integrated Roadside Vegetation Management (IRVM) approach for managing roadside vegetation. Part of IRVM includes the use of herbicides to control broadleaf weeds, brush, and invasive species.

SCOPE

The scope of this contract is to provide Herbicides and Training in storing chemicals, tank mixing and blending products, calibrating equipment, and applying herbicides in the right-of-way.

REQUIREMENTS

1. General Requirements

1.1. 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 for the Michigan Department of Transportation.

The Contractor must provide the products outlined in Exhibit B, Pricing.

Bids on alternate brands or manufacturer lines will not be considered.

1.2. Recall Requirements and Procedures

The Contractor must describe any recall procedures.

1.3. Quality Assurance Program

Upon delivery and inspection, if material does not meet stated specification, MDOT has the right to refuse the product and expect a new batch of concrete at that time.

Contractor is to provide contact for quality issues.

Employee Name:

Employee Title:

Employee Phone (direct):

Employee email:

Bidder Response - Acknowledges MDOT Right to Refuse

2. Service Levels

2.1. Time Frames

All Contract Activities must be delivered within 10 business days from receipt of order. The receipt of order date is pursuant to Section 2, Notices, of the Standard Contract Terms.

2.2. Delivery

Delivery will be expected within 14 calendar days upon date of order. Delivery will be made at Various locations as described on Attachment A-Delivery Locations.

2.3. Technical Support and Repairs

The Contractor must provide technical support for storing chemicals, tank mixing and blending products, calibrating equipment, and applying herbicides in the right-of-way. When providing technical support, the Call Center must resolve the caller’s issue within 24 hours. If the caller’s issue cannot be resolved within 24 hours, on-site service must be scheduled. The on-site service must be performed within 4 business days of the time the issue was scheduled for service.

2.4. Training

The Contractor must explain its training capabilities and any training that is included in its proposal.

2.5. Reporting

The Contractor must explain its reporting capabilities and any reporting that is included in its proposal.

2.6. Meetings

The Contractor must attend the following meetings:

The State may request a kick-off meeting and other meetings as it deems appropriate.

The Contractor must attend the MDOT Annual Vegetation Management Conference that is typically scheduled in the spring of each calendar year. The Contractor must provide a presentation on his product offerings, and answer questions related to his products raised by the conference participants. The State may request other meetings as it deems appropriate.

3. Staffing

3.1. Contractor Representative

The Contractor must appoint one (1) individual, specifically assigned to State of Michigan accounts, that will respond to State inquiries regarding the Contract Activities, answering questions related to ordering and delivery, etc. (the “Contractor Representative”).

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

Bidder Response – Contractor Representative

3.2. Key Personnel

The Contractor must appoint one individual who will be directly responsible for the day to day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquires within 24 hours.

The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause. The State may request a résumé and conduct an interview before approving a change. The State may require a 30-calendar day training period for replacement personnel.

The Contractor must identify the Key Personnel, indicate where they will be physically located, describe the functions they will perform, and provide current chronological résumés.

Bidder Response – Key Personnel

3.3. Non-Key Personnel

The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning non-key personnel.

3.4. Organizational Chart

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

3.5. Customer Service Toll-Free Number

The Contractor must specify its toll-free number for the State to make contact with the Contractor Representative. The Contractor Representative must be available for calls during the hours of 8 am to 5 pm EST.

Bidder Response – Customer Service Toll-Free Number

3.6. Technical Support, Repairs and Maintenance

The Contractor must specify its toll-free number for the State to make contact with the Contractor for technical support, repairs and maintenance. The Contractor must be available for calls and service during the hours of 8 am to 5 pm EST.

Bidder Response – Technical Support, Repairs and Maintenance Toll-Free Number

3.7. 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. 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.

4. Pricing

4.1. 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.

4.2. 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.

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document for the Contract will be a Purchase Order.

5.2 Order Verification

The Contractor must have internal controls, approved by Central Procurement Services, to verify abnormal orders and to ensure that only authorized individuals place orders.

6. Delivery

6.1. Delivery Programs

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

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

6.2. Packaging and Palletizing

Packaging must be optimized to permit the lowest freight rate. Shipments must be palletized whenever possible using manufacturer's standard 4-way shipping pallets.

This specification outlines the technical requirements required for returnable/refillable containers.

1. 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.

2. Custom blends shall conform to the technical requirements outlined herein.

3. 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: 15and 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 opposition 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.

Custom Blending Specifications

· Supplier guarantees that blends are plus or minus 0.25% of specifications

· Custom blending facility 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.

Container Shipment and Pickup

· Supplier shall provide the ability to track order history and individual shipments online via a secure log-in.

· Supplier shall provide the ability to track containers shipped via an online tracking system using a secure log-in.

· 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.

7. Acceptance

7.1. 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.

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price.

Invoices are to be mailed or emailed as an attachment to: MDOT, Attn: TSMO Accounts Payable, 6333 Lansing Road, Lansing, MI 48917; email to swansona1@michigan.gov and JonesT30@michigan.gov.

8.2. Payment Methods

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

9. Licensing Agreement The Contractor must provide a copy of any applicable licensing agreement.

10. Liquidated Damages The State is entitled to collect $1,000 per individual per day for the removal of any Key Personnel without prior approval of the State.

The State is entitled to collect $1,000 per individual per day for an unapproved or untrained key personnel replacement.

11. Additional Requirements

11.1. Environmental and Energy Efficient Products

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.

11.2. 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.

11.3. 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.

11.4. 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.

Request For Proposal No. 200000001428, Amendment 2 Herbicides for Highway Right of Way

SCHEDULE B

PRICING

UPDATED: 03/26/2020

1. The Contractor must provide a pricing schedule for the proposed Contract Activities using Microsoft Word. The pricing schedule should be submitted in a modifiable format (e.g. Microsoft Word or Excel); however, you may also submit an additional pricing schedule in a non-modifiable format (e.g., PDF). Failure to complete the pricing schedule as requested may result in disqualification of your proposal.

2. Price proposals must include all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing).

3. The Contractor is encouraged to offer quick payment terms. The number of days must not include processing time for payment to be received by the Contractor's financial institution.

Quick payment terms: ________ % discount off invoice if paid within ________ days after receipt of invoice.

4. By submitting its proposal, the Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.

HERBICIDE, PRE EMERGENT SUSPENSION CONCENTRATE LIQUID. ACTIVE INGREDIENTS: INDAZIFLAM 19.05%, INERT INGREDIENTS 80.95%. FORMULATION TO CONTAIN 1.67 LBS INDAZIFLAM/GAL. FOR CONTROL OF ANNUAL GRASSES AND BROADLEAF WEEDS IN ROADSIDES. PACKAGED AS A LIQUID IN 2.5 GAL. NON-REFILLABLE CONTAINERS.

HERBICIDE, WEED KILLER, SELECTIVE. PRE OR POST-EMERGENCE, ACTIVE INGREDIENTS: METSULFURON METHYL 2-[[[[(4-METHOXY-6-METHYL-1,3,5-TRIAZIN-2-YL) AMINO]

CARBONYL]-AMINO] SULFONYL] BENZOATE 60%, INERT INGREDIENTS 40%,

FOR CONTROL OF WOODY PLANTS AND ANNUAL AND PERENNIAL BROADLEAF WEEDS WITHIN HIGHWAY RIGHTS-OF-WAY. PACKAGED AS A DRY FLOWABLE IN 1 POUND CONTAINERS.

HERBICIDE, SELECTIVE WEED CONTROL, POST-EMERGENCE, ACTIVE INGREDIENTS:2,4-DICHLOROPHENOXYACETIC ACID, CHOLINE SALT 56.3%, OTHER INGREDIENTS 43.7% PACKAGED AS A LIQUID TO BE MIXED WITH WATER AND APPLIED AS A FOLIAR SPRAY, FOR CONTROL OF WOODY PLANTS AND ANNUAL AND PERENNIAL BROADLEAF WEEDS WITHIN HIGHWAY RIGHTS- OF-WAY. PACKAGED IN 2.5 GALLON CONTAINER.

HERBICIDE, WEED KILLER, SELECTIVE. PRE OR POST-EMERGENCE, ACTIVE INGREDIENT: INDAZIFLAM 24.30%, RIMSULFURON 16.70%, OTHER INGREDIENTS 59.00%. PACKAGED AS A WATER DISPERSIBLE GRANULE TO BE MIXED WITH WATER AND APPLIED AS A FOLIAR SPRAY, FOR CONTROL OF WOODY PLANTS AND ANNUAL AND PERENNIAL BROADLEAF WEEDS. PACKAGED AS A WATER DISPERSIBLE GRANULE IN 90 OZ. CONTAINERS.

HERBICIDE, SELECTIVE WEED KILLER, PRE OR POST-EMERGENCE WATER SOLUBLE LIQUID. ACTIVE INGREDIENTS: POTASSIUM SALT OF AMINOCYCLOPYRACLOR, POTASSIUM SALT OF 6-AMINO-5-CHLORO-2-CYCLOPROPYL-4-PYRIMIDINECARBOXYLIC ACID 25%, OTHER INGREDIENTS 75%. FOR PRE & POST-EMERGENCE CONTROL OF ANNUAL & PERENNIAL BROADLEAF WEEDS IN HIGHWAY RIGHTS-OF-WAY. AMOUNT OF PRODUCT PACKAGED IN 2.5 GALLON CONTAINERS.

HERBICIDE, NON-SELECTIVE WEED KILLER, PRE OR POST-EMERGENCE SUSPENSION CONCENTRATE. ACTIVE INGREDIENTS: INDAZIFLAM 2.00%, POTASSIUM SALT OF AMINOCYCLOPYRACHLOR: 6-AMINO-5CHLORO-2-CYCLOPROPYL-4PYRIMIDINECARBOXYLIC ACID 6.55%, ISOPROPYLAMINE SALT OF IMAZAPYR: (2-[4,5-DIHYDRO-4-METHYL-4-(1-METHYLETHYL)-5-OXO-1H-IMADAZOL-2-YL]-3-PYRIDINECARBOXYLIC ACID) 20.43%, OTHER INGREDIENTS 71.02%. FOR CONTROL OF ANNUAL AND PERENNIAL GRASSES AND BROADLEAF WEEDS AND WOODY BRUSH WITHIN THE HIGHWAY RIGHTS-OF-WAY. PACKAGED AS A SUSPENSION CONCENTRATE IN 2.5 GALLON CONTAINERS.

HERBICIDE, SELECTIVE WEED KILLER, PRE OR POST-EMERGENCE SUSPENSION CONCENTRATE. ACTIVE INGREDIENTS: SAFLUFENACIL:…