Bundled Firewood for Resale at State Parks - PROPOSAL INSTRUCTIONS (1).docx

proposal instructions Department of Natural Resources Bundled Firewood for Resale at Various State Park Campgrounds Request for Proposal No. 240000000806

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.

The sole method of contact is email.

Contacting any other State personnel, agent, consultant, or representative about this RFP or any information contained herein may result in bidder disqualification.

The RFP process begins when the RFP is posted on SIGMA VSS and continues through 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.

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. 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

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is the Solicitation Manager. Contact information for the Solicitation Manager has been included on the Cover Page. Contacting anyone other than the Solicitation Manager, i.e., any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

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 must be EMAILED to the Solicitation Manager no later than the time and date specified on the Cover Page. In the interest of transparency, only emailed questions are accepted. All Bidder questions and official DNR answers to questions will be posted on www.michigan.gov/SIGMAVSS. Please use the following format when submitting questions.

5. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all Mandatory Documents as attachments, and any modifications or withdrawals electronically through SIGMA VSS. The price proposal (Schedule B) should be saved separately and attached as a separate document with the proposal in SIGMA VSS.

The bidder must submit all documents in Microsoft Word. Bidders may also attach copies of documents in PDF format.

Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required, including all Mandatory Documents and Schedule B, may result in proposal disqualification.

The proposal and all attachments must be submitted using SIGMA VSS prior to the proposal deadline. 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 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 all MANDATORY DOCUMENTS. Mandatory Documents must be included as attachments with the proposal in SIGMA VSS.

· Mandatory Document 1 - Confidential Treatment Form

· Mandatory Document 2 - Vendor Questions Worksheet

· Mandatory Document 3 - Schedule A – Statement of Work

· Mandatory Document 4 - Schedule B1 – Location Specification Sheets and Vendor Pricing

· Mandatory Document 5 - Schedule B2 – Vendor Price Spreadsheet

· Mandatory Document 6 – Standard Contract Terms

When completing Mandatory Documents, please save in the format published. Save the Word documents in Word and the spreadsheet in Excel. You may include PDF versions as well. Use the following naming conventions:

Your Company Name – Confidential Treatment Form Your Company Name – Vendor Questions Worksheet Your Company Name – Schedule A – Statement of Work Your Company Name – Schedule B1 – Location Specification Sheets and Vendor Pricing You Company Name – Schedule B2 – Vendor Price Spreadsheet

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

The Vendor Questions Worksheet will be evaluated to determine whether the Bidder provided responses to all sections and has demonstrated, by the responses provided, that they possess the relevant experience required to successfully provide the Contract Activities.

Schedule A – Statement of Work will be evaluated to determine whether the Bidder has provided responses to all sections and has demonstrated, by the responses provided, the ability to meet the required specifications and to comply with State requirements.

Proposals receiving a PASS on all Mandatory Documents will have heat-treatment and wrapping proposed and pricing evaluated and be considered for award.

The State reserves the right to award contracts to multiple vendors based upon the product offered and the best value (including heat-treatment proposed, acceptance of location specific delivery requirements, and price) for each Park and Recreation location.

Award Preference

· Bidders offering heat-treated firewood are not guaranteed award of all locations included in their proposal.

· The State reserves the right to award contracts to multiple vendors based upon the product offered and the best value (including heat-treatment proposed, wrapping materials, and price) for each location included in this RFP.

Award preference in the form of FIVE (5) year contracts with up to five 1-year options to renew) will be to Bidders offering heat-treated firewood. Passing proposals will be evaluated, and contract award recommendation made using a tiered system, in the following order:

1. Firewood heat treated per USDA / APHIS Treatment Schedule T314-c at 160º for 75 minutes.

2. Firewood heat treated per USDA / APHIS Treatment Schedule T314-a at 140º for 60 minutes.

3. Proposals from Bidders actively working toward kiln certification.

4. Proposals offering non-heat-treated wood.

Bidders proposing heat-treated wood per T314-c or T314-a may receive an award recommendation for a contract with five (5) base years and up to five (5) 1-year options to renew.

Bidders working toward USDA/APHIS kiln certification may receive an award recommendation for a contract with three (3) base years and up to seven (7) 1-year options to renew. Option years will be contingent upon kiln certification.

Bidders offering non-heat-treated wood may receive an award recommendation for a multiyear contract with three (3) base years and up to two (2) 1-year options to renew.

PRICE EVALUATION

Schedule B – Vendor Price Quote, Schedule B1 – Location Specification Sheets, and Schedule B2 – Vendor Price Spreadsheet will be evaluated to determine Bidder acceptance of location delivery requirements and whether the price proposed for the Contract Activities is within the State’s anticipated fair market value. Schedule B1 – Location Specification Sheets must be completed by the Bidder and include the proposed price per bundle, agreement with and acceptance of location requirements, and the County from which firewood will be obtain for the location. Schedule B2 – Vendor Price Spreadsheet must be – 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 Price Proposed from Schedule B.

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. Failure to respond timely to requests for proposed changes to Contract Terms during ongoing negotiations may be cause for disqualification.

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 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 “Bidder Protests” link.

12. STATE ADMINISTRATIVE BOARD. Contracts equal to or greater than $250,000 require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, State Administrative Board 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 60 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 of 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 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. THIS IS A MANDATORY DOCUMENT. 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.

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