AuTrain Grass and Forbs RFP.docx

Michigan.gov/MiProcurement proposal instructions Department of Natural Resources AuTrain Native Grass and Forb Seeds Request for Proposal No. 2200000002435

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.

The RFP process begins when the RFP is posted on SIGMA VSS and ends with Contract execution.

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 PREPARATION. 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. 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: 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

Required verification on whether bidder’s proposal contains confidential information Bidder to complete and attach with proposal in SIGMA VSS

Questions to bidders on background and experience Bidder to complete and attach with proposal in SIGMA VSS

Statement of work Bidder to complete and attach with proposal in SIGMA VSS

Pricing for goods and services sought by the State through this RFP Bidder to complete and attach with proposal in SIGMA VSS

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.

Exception - Bidders may contact Caleb Eckloff at (906) 250-3519 if they have questions concerning the conditions or locations of any opening. Questions to Caleb Eckloff must be limited ONLY to conditions and locations of openings. All other questions must be submitted by email to the Solicitation Manager.

2. PRE-PROPOSAL MEETING. No pre-proposal meeting will be held.

Bidders are strongly encouraged walk the openings prior to submitting a proposal, reviewing any requirements for Contractor supplied seed, fertilizer, etc. and to verify / ensure work timeframes in this project do not overlap or impede work included in another DNR award.

Questions regarding this RFP must be EMAILED to the Solicitation Manager. Bidders who choose to visit the site and view the Service Areas are not permitted to communicate with any State personnel regarding any portion of the RFP.

Communicating with anyone other than the Solicitation Manager may result in proposal disqualification.

Exception - Bidders may contact Caleb Eckloff at (906) 250-3519 with questions concerning ONLY the conditions or locations of any forest opening.

3. 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.

4. QUESTIONS. Bidder questions about this RFP, including site conditions / service areas, must be EMAILED to the Solicitation Manager by the Bidder Question Deadline specified on the Cover Page. In the interest of transparency, only emailed 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.

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 and complete prior to beginning the proposal submission in SIGMA.

The price proposal (Schedule B) should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable format (Microsoft Word or Excel). 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 proposal disqualification.

The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Interested 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.

The Solicitation Manager is available for assistance with submitting a proposal in SIGMA VSS but will not assist with submitting a proposal or attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

NOTE: 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 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 information requested. Bidders MUST complete and attach all MANDATORY DOCUMENTS in Word format with the proposal in SIGMA VSS. 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 one signed Confidential Treatment Form and complete responses to

· Vendor Questions Worksheet

· Schedule A – Statement of Work

· Schedule B – 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, perform the services requested and to comply with State requirements. Proposals receiving a PASS on both documents will have pricing evaluated and be considered for award.

PRICE EVALUATION

Schedule B – 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. In the event of a discrepancy between pricing submitted in SIGMA VSS and pricing included on Schedule B – Vendor Price Quote, the State reserves the right to use the lowest bid submitted when evaluating pricing. 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. 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 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 receives a PASS on all required proposal documents, offers 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 about the protest process 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 90 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. The bidder understands that their proposal will become public record immediately upon receipt by the State. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS 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.

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. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form instructions, the proposal may be publicly disclosed in its entirety without redaction after an award recommendation.

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 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.”

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.

confidential treatment form

MANDATORY DOCUMENT

Complete either Section 1 or Section 2 of this CT Form and sign where indicated.

DO NOT complete BOTH Sections.

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. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow 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. See the Confidential Treatment Form and The Freedom of Information Act (FOIA) sections 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 the 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 their proposal is not requested.

RFP Number 220000002435 Alger County Native Grass and Forb Seeds

Printed Name, Title, Company confidential treatment form

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This 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 the Proposal Page #, Section #, and Paragraph #, (2) identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), and (3) explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name. Bidders must also provide the contact information for the person at their organization authorized to respond to inquiries by the State concerning the material.

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”.

(1) Proposal Page #, Section #, Paragraph # (2) Material is Trade Secret (TS), Proprietary Financial Information (FI), Proprietary Information (PI) (3) Applicable FOIA Exemption with Written Justification (4) Bidder Contact Information

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

RFP Number 220000002435 Alger County Native Grass and Forb Seeds

Michigan.gov/MiProcurement Printed Name, Title, Company vendor questions worksheet

Department of Natural Resources AuTrain Native Grass and Forb Seeds Request for Proposal No. 2200000002435

MANDATORY DOCUMENT - SCORED FOR TECHNICAL EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS

Provide a detailed response to each question.

1. Contact Information

Bidder’s sole contact during the RFP process.

Name

Title

Address

Email

Phone Number

Person authorized to review and sign a resulting contract.

Name

Title

Address

Email

Phone Number

Person authorized to review and sign a resulting contract.

Name

Title

Address

Email

Phone Number

2. Company Background Information

SIGMA VSS Vendor ID Number

Legal business name

Business Entity (sold proprietor, LLC, Inc., etc.)

What state was the company formed in?

Address

Phone number

Website address

Number of years in business

Number of employees

Legal business name and address of parent company, if applicable

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

If the answer is Yes, why did the change occur?

If the answer is Yes, how has the change affected your company?

☐ Debarred ☐ Suspended ☐ Disqualified from bidding ☐ Disqualified from contracting

Date

Entity

Details about the situation

Date of Initial Filing

Case Number

Court Number

Jurisdiction

Cause of Action or Claim

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.

☐ Yes ☐ No ☐ Defaulted on Contract ☐ Terminated for Cause

Contracting Agency / Entity

Type of Contract

Date of Default or Termination

Reason for Default or Termination

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

If the answer is Yes, describe how the company will “scale up” to manage this increase.

Describe partnerships, strategic relationships or other benefit you believe could bring significant value to the State.

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

Under MCL 18.1261, a “qualified disabled veteran” means a business entity that is 51% or more owned by 1 or more veterans with a service-connected disability. A “service-connected disability” means a disability incurred or aggravated in the line of duty in the active military, naval, or air service as described in 38 USC 101(16).

5. State of Michigan Experience and Prior Relevant Experience

Bidders WITH State of Michigan Experience: Provide detail (including contract number) of the contracts you hold or have held with the State for the same or similar contract activities. Please include contract information for the last 5 years. Bidders with SOM experience should also complete the Relevant Experiences section, below.

Bidders without State of Michigan Experience: SKIP this section. Complete the Relevant Experiences section, below.

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Bidders without State of Michigan experience MUST describe three Relevant Experiences from the last five (5) years to demonstrate the ability to successfully manage a contract of similar size and scope for the work described in this RFP.

Include a description of how this experience is relevant to the subject of this RFP.

DO NOT attach references without completing this section.

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Scope of work / requirements of the project:

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained

How is the experience relevant to the subject of this RFP?

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Scope of work / requirements of the project:

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained

How is the experience relevant to the subject of this RFP?

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Scope of work / requirements of the project:

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained

How is the experience relevant to the subject of this RFP?

6. Standard Contract Terms

☐ Do Not Agree to Contract Terms (attach written exceptions)

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 or total number of employees at locations within the State of Michigan that are covered by employer-provided health insurance.

8. Labor and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor and employment laws and regulations received within the past five years.

Bidder must disclose any violations of state or federal environmental laws and regulations received within the past five years.

9. Supplier Diversity

10. Other

Schedule A – statement of work contract activities Department of Natural Resources AuTrain Native Grass and Forb Seeds Request for Proposal No. 2200000002435

MANDATORY DOCUMENT - SCORED FOR TECHNICAL EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS

Company Name: _______________________ Contact: _____________________________ Address: _____________________________ Telephone: ___________________________ Email: _______________________________ SIGMA Vendor I.D.:_____________________

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 Contractor must respond to each requirement or question and explain how it will fulfill each requirement, attach supplemental information to the proposal in SIGMA and appropriately reference within the written portion of the response.

BIDDER QUESTIONS:

Bidders may contact Lisa Crozier-Green, Solicitation Manager, by email at CrozierGreenL@michigan.gov. Telephone questions will not be accepted. Individual responses to emailed questions will not be provided. All Bidder Questions and DNR Answers will be posted on SIGMA VSS.

BACKGROUND

The Michigan Department of Natural Resources (DNR) is seeking bids for Native Grass and Forb Seed. This exhibit 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.

See Schedule B – Price Proposal for species and quantities of seed.

Bidders are encouraged to submit a bid for any and all seeds listed, provided the entire requested quantity can by supplied by a single bidder.

1. General Requirements A. No substitutes or alternate species will be accepted. Please do not bid unless you can supply amount bid on.

B. The specified quantities MUST be Pure Live Seed (PLS).

C. Seed sources must be from the following States:

Michigan Illinois Indiana Iowa Minnesota Missouri Nebraska New York North Dakota Ohio Pennsylvania South Dakota Wisconsin D. Seed with origins from other States must be clearly indicated on the bid response. Alternate seed origins may be considered however DNR is not obligated to accept proposed alternate(s).

E. All Seed must be free of noxious or invasive weed seeds.

2. Packaging A. Each package must contain a single seed variety.

B. No more than 50 pounds in any one package of seed.

C. Seed mixing will take place locally.

3. Time Frame A. Seed must be delivered by June 6, 2022.

4. Delivery A. Delivery location:

Marquette Customer Service Center 1990 US 41 South Marquette, MI 49855 B. Quoted prices must be FOB Delivered to Marquette Customer Service Center.

C. All delivery costs or miscellaneous charges (handling fees, fuel surcharges, etc.) must be included in price quote; however, bidder has the option to quote delivery/miscellaneous charges as a separate line item.

5. Pricing A. Prices are fixed / firm for the duration of the project period.

6. Invoice and Payment A. Invoices may be submitted to the Program Manager or designee at the completion of all work and after successful inspection and acceptance.

B. All invoices must be submitted to DNR no later than September 20, 2022 to ensure payment prior to the end of the State’s fiscal year.

C. Payment terms are Net 45 Days After Receipt of Invoice, unless quick payment discount is offered.

D. Invoices must reflect the actual work completed, with quantities and the number of acres worked.

E. Invoices must include the following:

1. Purchase Order Number (2200000_____)

2. Date

3. Description of the Contract Activities (Location, work completed, quantities of fertilizer and / or seed, and the actual number of acres worked.

4. Contractors required to provide seed, lime and / or fertilizer must also submit receipts for these supplies with the invoice. Invoices which include a price for supplies which are not accompanied by receipts will be held until receipts are provided.

5. Price

6. Quick Payment Terms or Discount F. The State will make payment for Contract Activities by Electronic Funds Transfer (EFT) only.

7. Incentives A. Bidders are encouraged to offer quick payment terms (i.e. % discount off invoice if paid within __ days) when submitting price quotes.

B. Discount period must be calculated from the date invoice is received by agency.

8. Ordering A. Authorizing Document - The appropriate authorizing document for the Contract will be a Purchase Order.

9. Liquidated Damages

Michigan.gov/MiProcurement

A. 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 $500 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Schedule B – Vendor price quote

Department of Natural Resources AuTrain Native Grass and Forb Seeds Alger County Request for Proposal No. 2200000002435

PLEASE – complete this Schedule B including the seed state of origin, ounces available, price / ounce and total per seed type. Calculate the total quote proposed and enter the total as your bid in SIGMA VSS.

Acre

/Oz.

Total Quote

*PLS (Pure Live Seed)

STANDARD CONTRACT TERMS

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and [Insert Company Name] (“Contractor”), a [Insert State & Entity Status, e.g., a Michigan corporation or a Texas limited liability company].

This Contract is effective on June 6, 2022 (“Effective Date”), and unless terminated, expires on September 30, 2022.

The parties agree as follows:

1. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Schedule A – Statement of Work (the “Contract Activities”). An obligation to provide delivery of any commodity is considered a service and is a Contract Activity.

Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities, and meet operational standards, unless otherwise specified in Schedule A.

Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) not make any media releases without prior written authorization from the State; (i) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (j) comply with all State physical and IT security policies and standards which will be made available upon request; and (k) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.

Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever contacting the State.

2. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.

Lisa Crozier-Green 525 West Allegan Constitution Hall, Third Floor Lansing, MI 48933 CrozierGreenL@michigan.gov 517-388-6626 [Name] [Street Address] [City, State, Zip] [Email] [Phone]

3. Contract Administrator. The Contract Administrator for each party is the only person authorized to modify any terms of this Contract, and approve and execute any change under this Contract (each a “Contract Administrator”):

Lisa Crozier-Green 525 West Allegan Constitution Hall, Third Floor Lansing, MI 48933 CrozierGreenL@michigan.gov 517-388-6626 [Name] [Street Address] [City, State, Zip]

4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract (each a “Program Manager”):

[Street Address] [City, State, Zip]

5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in Schedule A – Statement of Work) if, in the opinion of the State, it will ensure performance of the Contract.

6. Insurance Requirements. Contractor, at its sole expense, must maintain the insurance coverage identified below. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or otherwise result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State; and (c) be provided by a company with an A.M. Best rating of "A-" or better, and a financial size of VII or better.

Commercial General Liability Insurance

Minimum Limits:

$1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products/Completed Operations $2,000,000 General Aggregate

Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 20 10 12 19 and CG 20 37 12 19.

Automobile Liability Insurance

Minimum Limits:

$1,000,000 Per Accident Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) include Hired and Non-Owned Automobile coverage.

Workers' Compensation Insurance

Minimum Limits:

Coverage according to applicable laws governing work activities.

Waiver of subrogation, except where waiver is prohibited by law.

Employers Liability Insurance

Minimum Limits:

$500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease

If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the Effective Date of the Contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least three (3) years after completion of the Contract Activities; and (c) if coverage is cancelled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract Effective Date, Contractor must purchase extended reporting coverage for a minimum of three (3) years after completion of work.

Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or delivery order number, at Contract formation and within twenty (20) calendar days of the expiration date…