Department of Natural Resources Fisheries Division BioMark® PIT Tags – Multi-Year Contract Request for Proposal No. 210000002363

Solicitation Manager Name: Lisa Crozier-Green

BRAND SPECIFIC

BIDS ON ALTERNATE BRANDS MAY NOT BE ACCEPTED

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

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

Email: CrozierGreenL@michigan.gov

RFP issue date

Friday, July 16, 2021

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

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

Michigan.gov/MiProcurement proposal instructions

Version 11(5/2020)

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

Bidders must follow the Proposal Instructions, complete and attach all required documentation with the proposal in SIGMA. 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.

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.

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

3. QUESTIONS. Bidder questions about this RFP (RFP documents, clarification on questions or requirements, proposal requirements, timeframes, bid process, award process, etc.) 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.

Please do NOT enter questions in SIGMA VSS.

The Solicitation Manager will enter emailed bidder questions and corresponding answers in SIGMA VSS. Please include your SIGMA Vendor ID in the emailed Question. Submit questions using the format below; a Microsoft Excel format or similar is suggested.

Bidder SIGMA Vendor I.D. ___________

4. DELIVERY OF PROPOSAL.

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

Schedule B – Price should be saved as a separate document. The bidder should submit all documents in Microsoft Word.

In addition to submitting documents in MS Word, bidders 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 in SIGMA VSS and all attachments must be fully uploaded and submitted prior to the proposal deadline. Please access the RFP in SIGMA VSS, download all attachments and complete the attachments prior to entering the bid in SIGMA. 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.

5. MANDATORY MINIMUM REQUIREMENTS. To avoid disqualification, the bidder must provide documentation to support the following:

This RFP is BRAND SPECIFIC.

Only proposals for BioMark PIT tags will be considered.

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

6. EVALUATION PROCESS.

The DNR will evaluate each proposal meeting Mandatory Minimum Requirements on a PASS / FAIL basis. Mandatory documents (Vendor Questions Worksheet and Schedule A – Statement of Work) will be evaluated to determine if the proposal is “responsive and responsible.” A responsive proposal is submitted in accordance with the proposal instructions and meets all requirements identified in the solicitation and / or Schedule A – Statement of Work, i.e. adequate or satisfactory responses provided for each question / section / requirement. 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 or be disqualified (i.e. FAIL) if not submitted in accordance with the solicitation instructions, or which do not include all 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, i.e. FAIL on either document, may not be considered for award recommendation.

Proposals must include one signed Confidential Treatment Form.

Proposals must include complete responses to

· Vendor Questions Worksheet

· Schedule A – Statement of Work

· Schedule B – Vendor Price Quote

The State will evaluate each proposal meeting Mandatory Minimum Requirements 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. Proposals receiving a FAIL on either document may not have pricing evaluated or 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. The State may not issue a Clarification Request if no response is provided or a section is left blank or marked N/A. 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, preparation and submission of a proposal, and the State’s subsequent receipt and evaluation of a proposal does not commit the State to award a contract, even if all the RFP requirements are met.

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

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

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

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

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

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

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

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

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

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

10. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who 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 the Award Recommendation and Evaluation Synopsis as an attachment.

To view the Award Recommendation and Evaluation Synopsis, log in to SIGMA VSS, locate the NIA1 document associated with this RFP, click on the “details” button, then click on the “attachments” tab.

11. DEBRIEF MEETING AND BID PROTEST. The Award Recommendation and Evaluation Synopsis provide instructions on how participating bidders may request a debrief meeting. Vendors who did not submit a proposal and / or subcontractors of bidders are ineligible for a debrief meeting. Participating bidders who wish to initiate a protest of the award must submit a written protest to GyorkosL@michigan.gov no later than 3:00 p.m. EST five (5) calendar days after posting the Notice of Intent to Award, or by 3:00 p.m. EST the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

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

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

13. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 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. Other than verified trade secrets, proposals submitted via SIGMA VSS are the State’s property.

14. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. 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.

BIDDERS MUST SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH THE BID. Completion and submission of Section 1 OR Section 2 of the Confidential Treatment Form is mandatory, regardless of whether the bidder seeks confidential treatment of information.

Failure to submit a completed CT Form may result in proposal disqualification.

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.”

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

Version 5 (10/2020) 2

MANDATORY DOCUMENT

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

DO NOT complete BOTH Sections.

This CT Form must be signed by the same individual who signs the proposal.

Failure to submit a completed Confidential Treatment Form with your proposal in SIGMA may be grounds for rejecting the proposal as non-responsive. 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 210000002363 DNR Fisheries Division BioMark PIT Tags

Printed Name, Title, Company

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), (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, and (4) Provides the contact information for the person at Bidder’s organization authorized to respond to inquiries by the State concerning the material.

(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 included BOTH a complete “State Copy” and a redacted “Public Copy” of the bidder’s proposal in SIGMA VSS.

RFP Number 210000002363 DNR Fisheries Division BioMark PIT Tags

confidential treatment form Printed Name, Title, Company

BioMark® PIT Tags – Multi-Year Contract Request for Proposal No. 210000002363

MANDATORY DOCUMENT - SCORED FOR TECHNICAL EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS

Provide a response to each question in the green highlighted section.

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

2. Company Background Information

SIGMA VSS Vendor ID Number

☐ Manufacturer ☐ Authorized Dealer / Distributor

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).

OR

AND

4. Participation in RFP Development or Evaluation

5. State of Michigan Experience and Prior Relevant Experience

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 complete the Relevant Experiences section, below.

Describe at least three (3) relevant experiences from the last five (5) years which demonstrate your ability to perform the Contract Activities included in this RFP.

Relevant experiences should be of similar size and scope to the work described in this RFP.

You may attach an additional document listing references however, the State requires a detailed response to each of the Relevant Experience sections, below. 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:

Description of the scope of the project:

How is this experience relevant to this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Description of the scope of the project:

How is this experience relevant to this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Description of the scope of the project:

How is this experience relevant to this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained

6. Standard Contract Terms

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

7. Michigan Economic Impact

Number of employees currently employed at locations in Michigan.

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

Minimum wage paid to employees at locations in Michigan.

Average wage paid to employees employed at locations in Michigan.

Number or percent of employees employed at locations in Michigan that are covered by employer-provided health insurance.

8. Other

vendor questions worksheet

BioMark® PIT Tags – Multi-Year Contract Request for Proposal No. 210000002363

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:

Questions concerning this RFP must be EMAILED to the Solicitation Manager by the date and time provided on the cover sheet. Telephone questions cannot be accepted. Individual responses to emailed questions cannot be provided. Please do NOT enter questions in SIGMA VSS. All Bidder questions and corresponding answers will be posted on SIGMA VSS.

BACKGROUND

The Michigan Department of Natural Resources (DNR) tags an estimated 4,000 fish annually with Passive Integrated Transponder (PIT) tags as a part of federally funded research and brood stock management. Most tagging occurs at two hatchery facilities, Wolf Lake State Fish Hatchery and Black Lake Sturgeon Facility. PIT tags are also used in additional studies throughout the state studying fish behavior, growth, and population dynamics. Tagging fish for tracking and data gathering purposes has been an on-going project in Michigan for an extended period.

The DNR currently utilizes Biomark® products and services to implant and scan Biomark ®PIT tags, which meet our specific applications and budget. The Biomark® PIT tags are specific implantable electronic tags used for unique identification of individuals and feature biocompatible glass, low frequency operation, enhanced read performance, and indefinite monitoring with the Divisions associated hardware and software. These tags have allowed us to remain consistent in our marking efforts, while standardizing identification within the Division and in collaboration with other agencies.

SCOPE

This RFP is to establish a multi-year contract for Biomark® PIT tags for tagging fish for Department of Natural Resources (DNR). This is a formal request to prospective Bidders to solicit bids or price quotations. Bidders must submit written proposals according to the instructions contained within this document, discussing how they will meet the specific requirements.

MANDATORY MINIMUM REQUIREMENTS

· THIS RFP IS BRAND SPECIFIC. The product proposed must be BioMark® PIT tags. Bids on alternate brand or manufacturer lines will not be considered.

· The Bidder must be the manufacturer or the authorized dealer / distributor of BioMark® PIT Tags.

· Product proposed must be 100% detectable by an ISO 11784/11785 FDX-B and HDX PIT tag reader.

REQUIREMENTS

1. Requirements

1.1. General Specifications

A. Contract Activities

1. The Contractor agrees to carry out the work as specified (Contract Activities) under the direction and control of the DNR Program Manager or designee.

2. The Contractor agrees to provide all labor, equipment and other supplies and services necessary for all Contract Activities awarded.

3. Biomark® PIT tags shall be:

· encapsulated in biocompatible glass,

· provide 100% unique identification,

· low frequency operation,

· ISO 11784/11785 FDX-B compliance, and

· enhanced read range performance.

· Price proposed will be for Mini 10 and HPT9 PIT tags, however, Contractor should also have tags available in various sizes, including, 8mm, 9mm, 10 mm, 12 mm, 13 mm, 23mm, and 32 mm sizes.

· Tags should be single tags - pre-loaded in single use needles or hand-loaded when field tagging sturgeon.

· PIT tags for both brood management and various studies throughout the state.

· 10 to 20 percent higher read range, enhanced copper coil design unique.

· 9 mm and 10 mm for tagging juvenile musky and sturgeon.

· Packaged in preloaded trays.

· Not encrypted.

· Mini 10:

· 10 mm

· 1600 tags/year (4800 - 3 years)

· Pre-loaded tray with 100 tags/tray

· HPT9:

· 9 mm

· 2500 tags/year (7500 - 3 years)

· Pre-loaded tray with 100 tags/tray

Product proposed is Biomark® PIT tag Biocompatible glass encapsulation Low Frequency 134.2 kHz operation 100 % unique identification ISO 11784/11785 FDX-B compliant Tag size to include 8mm, 9mm, 10mm, 12mm, 13mm, 23mm, and 32 mm lengths 100% detectable by an ISO 11784/11785 FDX-B and HDX PIT tag reader

List any exceptions:

1.2. Warranties

Describe any warranties included in the bid and explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements.

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

Bidder Response: Warranties

Please provide a detailed description of warranties offered:

1.3. Recall Requirements and Procedures

Describe any recall requirements and procedures.

Bidder Response: Recall Requirements and Procedures

Please provide a detailed description of all recall requirement and procedures.

1.4. Quality Assurance Program

Explain your Quality Assurance Program(s).

Bidder Response: Quality Assurance Program

Please provide a detailed description of your quality assurance programs and procedures.

1.5. Incentives

Explain any special incentives or services including any quick payment terms, quantity discounts, etc.

Bidder Response:

Bidder must provide detailed information as requested. If none, enter N/A.

Quick Payment Terms: ___ % Net ___ Other:

2. Service Levels

2.1. Time Frames

A. All Contract Activities must be delivered within 90 calendar days from receipt of order.

B. The receipt of order date is pursuant to Section 2, Notices, of the Standard Contract Terms.

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

Please provide a detailed description of your delivery programs (e.g. standard delivery and quick-ship), including any limitations such as quantity.

2.2. Delivery

A. Delivery will be expected within 90 calendar days upon date of order.

B. Delivery shall be F.O.B. Destination to any of the following locations:

Wolf Lake State Fish Hatchery 34270 Country Road 652 Mattawan, MI 49071 269-668-2696, ext. 25

Platte River State Fish Hatchery 15210 US Highway 31 Beulah, MI 49617-9760 231-327-4611

Oden State Fish Hatchery 3377 ½ Oden Road Oden, MI 49764 231-327-4689

Thompson State Fish Hatchery RR2, Box 2534, M-149 Thompson, MI 49855 906-341-5587

Marquette State Fish Hatchery 488 Cherry Creek Road Marquette, MI 49855 906-249-1611

Harrietta State Fish Hatchery 6801 W. Thirty Mile Harrietta, MI 49638 231-389-2211

3. Staffing

3.1. Contractor Representative

A. The Contractor agrees to appoint one 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”).

B. The Contractor agrees to notify the Program Manager Administrator at least three (3) calendar days before removing or assigning a new Contractor Representative.

Bidder Response:

Contractor Representative:

Location:

Cell Number:

Email Address:

Organizational Role:

Qualifications:

3.2. Disclosure of Subcontractors

A. If the Contractor intends to utilize subcontractors, including a third party to provide and deliver the aggregate, the Contractor must disclose the following:

1. The legal business name; address; telephone number; description of subcontractor’s organization and the services it will provide.

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

3. Bidder must state “none” or provide information requested in the Bidder Response section.

Bidder Response:

Subcontractor Name:

Address:

Phone Number:

Email:

Contact:

A description of services Subcontractor will provide:

4. Pricing

4.1. Price Term

A. Pricing is firm for a 365-day period (“Pricing Period”).

B. The first pricing period begins on the Effective Date.

C. Adjustments may be requested, in writing, by either party and will take effect no earlier than the next Pricing Period.

4.2. Price Changes

A. 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.

B. 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.

C. 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 Delivery Order.

5.2 Order Verification

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

6. Acceptance

6.1. Acceptance, Inspection and Testing

A. The Program Manager or designee will be monitoring work during the entire process.

B. Only the Program Manager or designee is authorized to determine whether the Contract Activities are accepted.

Bidder Response:

List any exception(s):

7. Invoice and Payment

7.1. Invoice Requirements

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

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

C. Invoices must include the following:

1. Purchase Order Number (2000000_____)

2. Date

3. Description of the Contract Activities (Location, work completed, quantities of aggregate, etc.)

4. Price

5. Quick Payment Terms or Discount

7.2. Payment Methods

The State will make payment by Electronic Funds Transfer (EFT) only.

8. Liquidated Damages

Michigan.gov/MiProcurement Schedule A – statement of work contract activities 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. Late or improper completion of the Contract Activities may result in 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.

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 September 1, 2021 (“Effective Date”), and unless terminated, expires on August 31, 2024. This Contract may be renewed for up to Two 1-Year Options to Renew. Renewal is at the sole discretion of the State.

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.