FISH - Fathead Minnows RFP - REVISED 10-6.docx

Michigan.gov/MiProcurement proposal instructions Department of Natural Resources Fisheries Division Fathead Minnows for Muskellunge Forage Request for Proposal No. 220000003277 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 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. EST 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 listed on the Cover Page. Contacting 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 written questions are accepted. Answers to questions will be posted on SIGMAVSS. 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 (Mandatory Documents), and any modifications or withdrawals electronically through SIGMA VSS. The price proposal (Schedule B) should be saved separately from all other proposal documents.

The bidder must submit all documents in Microsoft Word. 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.

NOTE: It is recommended that Bidders access the RFP in SIGMA VSS and download / save all attachments. Complete all attachments and save prior to entering the proposal in SIGMA. SIGMA VSS will time out during periods of inactivity and the proposal may be lost.

The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. 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 cannot 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

· Vendor Questions Worksheet

· Schedule A – Statement of Work

· Schedule B – Vendor Price Quote

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

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

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

Proposals receiving a PASS on both the Vendor Questions Worksheet and Schedule A – Statement of Work 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. The price provided in each line item (lot) in SIGMA VSS should be the PRICE PER POUND for each item / for each location from Schedule B for each of the services requested.

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

The State may utilize all bidder information without regard to a proposal’s technical score and may review the vendor’s website or contact references to determine whether the vendor can successfully provide the services required, or to determine fair market value for the services sought. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB.

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

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

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

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

9. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional information regarding the protest process and information required is available at www.michigan.gov/micontractconnect under the “Bidder Protests” 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 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 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 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 INSTRUCTIONS. Bidder must 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 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. If this section is completed, do not complete Section 2. CONFIDENTIAL TREATMENT IS REQUESTED.

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

RFP Number 220000003277 DNR Fisheries Division Fathead Minnows for Musky Forage

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. If this section is completed, do not complete Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED.

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 220000003277 DNR Fisheries Division Fathead Minnows for Musky Forage

Printed Name, Title, Company vendor questions worksheet Department of Natural Resources Fisheries Division Fathead Minnows for Muskellunge Forage Request for Proposal No. 220000003277

MANDATORY DOCUMENT – SCORED FOR TECHNICAL EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS

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

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

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 and strategic relationships you think will 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).

To demonstrate qualification as a qualified disabled veteran, you must include as an attachment with the proposal in SIGMA VSS:

OR

AND

4. Participation in RFP Development or Evaluation

5. State of Michigan Experience and Prior 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 Experience 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 experience should be of similar size and scope to the work described in 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:

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.)

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.)

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.)

6. Standard Contract Terms

☐ Do Not Agree with 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 employed at locations within the State of Michigan that are covered by employer-provided health insurance.

8. Labor, Antidiscrimination and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor, antidiscrimination 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

11. Response to State Requests

Schedule A – statement of work contract activities Company Name: _______________________ Contact: _____________________________ Address: _____________________________ Telephone: ___________________________ Email: _______________________________ SIGMA Vendor I.D.:_____________________

Department of Natural Resources Fisheries Division Fathead Minnows for Muskellunge Forage Request for Proposal No. 220000003277

MANDATORY DOCUMENT – SCORED FOR TECHNICAL EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS

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 term “bidder” is used to identify where specific responses to the RFP are required.

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

BACKGROUND

Fathead minnows are used as forage for Muskellunge (Esox masquinong) or “Musky” production at Wolf Lake and Thompson State Fish Hatcheries.

Minnows are purchased as needed, typically between April and November each year.

The quantities included in this RFP, Schedule B – Vendor Price Quote, represent the State’s anticipated requirements for a period of five years. Quantities purchased will vary from year to year based on the number of Muskellunge produced.

REQUIREMENTS

Requirements

1. General Requirements

1.1. Product Specifications

The Contractor must provide the following:

A. Fathead minnows – straight-run HAACP certified; Aquatic Nuisance Species (ANS) free; certified disease free for all viruses, including VHSv and Fathead minnow nidovirus, and for Heterosporis; 100% free of contamination with other species or exotics.

B. Fathead minnows – #2 Tuffy Fry – small grade, farm-raised (below 14 grade – also known as “tuffy fry”); HAACP certified; Aquatic Nuisance Species (ANS) free; certified disease free for all viruses, including VHSv and Fathead minnow nidovirus, and for Heterosporis; 100% free of contamination with other species or exotics.

C. Fathead minnows – #1 Tuffy – Grade 10 AR Farm Raised, HAACP certified; Aquatic Nuisance Species (ANS) free; certified disease free for all viruses, including VHSv and Fathead minnow nidovirus, and for Heterosporis; 100% free of contamination with other species or exotics.

D. MD Golden Shiner Minnows, Farm Raised, HAACP certified; Aquatic Nuisance Species (ANS) free; certified disease free for all viruses, including VHSv and Fathead minnow nidovirus, and for Heterosporis; 100% free of contamination with other species or exotics.

1.2. Warranties

Describe any warranties included in the bid – add additional rows as needed. 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 must provide detailed information requested below:

Describe any warranties included in the bid (if none, write N/A):

Provide the length of the warranty:

Explain the process for reporting warranty issues:

Explain how replacements are made, including timing, etc.:

1.3. Quality Assurance Program

Explain your Quality Assurance Program(s).

Bidder must provide detailed information as requested in the above requirement(s):

1.4. Incentives

Explain any special incentives or services including quick payment terms:

Quick Payment Terms ___% Discount if paid within _____ Business Days

1.5 Transition

A. Post-Contract Transition: Invoices must be sent within 45 days after expiration of contract. Any invoices received after 45 days will result in a non-payment of invoice.

2. Service Requirements

2.1. Delivery

A. Delivery will be expected within seven (7) calendar days upon date of order during business hours.

B. Delivery will be made at:

1. Wolf Lake State Fish Hatchery, 34270 County Road 652, Mattawan, Michigan 49071

2. Thompson State Fish Hatchery, 944 South State Highway, Manistique, Michigan 49854

2.2. Reporting

A. The Contractor agrees to submit the following to the Wolf Lake or Thompson State Fish Hatchery staff who meet the delivery truck:

1. Fish Health Certification. For each load of minnows delivered to the hatchery, the Contractor shall provide fish health certifications.

2. The Contractor must also provide fish health certifications for any facilities or locations where fathead minnows are obtained by the Contractor, prior to delivery to Wolf Lake or Thompson State Fish Hatchery, to confirm their acceptance.

3. The State reserves the right to request any reports it may deem necessary.

2.3. Meetings

A. The State reserves the right to schedule any meetings deemed appropriate. The Contractor agrees to attend any meetings required by the State.

3. Staffing

3.1. Contractor Representative

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

The Contractor must notify the Contract Administrator at least FIVE (5) calendar days before removing or assigning a new Contractor Representative.

Contractor Representative

Name:

Phone:

Email:

Days Available:

Times Available:

3.2. Key Personnel

The Contractor must appoint one individual who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). May be the same individual as the Contractor Representative. Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 8 business hours. The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause.

Key Personnel

Name:

Phone:

Email:

Days Available:

Times Available:

3.3. Subcontractor(s)

If the Contractor intends to utilize subcontractors, the Contractor must agree to remain responsible for Subcontractor during performance of sub-contracted Contract Activities. Subcontractor information must be provided, and Subcontractors must provide any required insurance certificates prior to performing Contract Activities.

Subcontractor

Name:

Phone:

Email:

Contract Activities to be performed by the Subcontractor:

4 Pricing

4.1 Price Term

A. Pricing is firm for a 365-day period (“Pricing Period”). The first pricing period begins on the Effective Date of the Contract. 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

A. The appropriate authorizing document for the Contract will be a properly executed Delivery Order (DO).

5.2 Order Verification

A. The Contractor agrees to confirm orders placed prior to delivery to ensure orders are correct and that only authorized individuals place orders.

5.3 Quantities

A. Quantities specified are estimates based on prior purchases. The State is not obligated to purchase any specific quantity.

5.4 Minimum Order

A. The Contractor’s minimum order is _____ lbs. of minnows.

6 Delivery

6.1 Delivery Programs

A. The Contractor agrees to provide standard delivery with seven (7) day notice.

6.2 Transportation Method

A. Provide the intended transportation method, i.e., Contractor owned trucks, third party carrier, etc.

Transportation Method

6.3 Shipping Terms

A. State standard contract terms are F.O.B. Destination with transportation charges prepaid on all orders.

7 Acceptance

7.1 Acceptance, Inspection and Testing

A. The State will use the following criteria to determine acceptance of the Contract Activities:

1. Minnows will be HAACP certified, Aquatic Nuisance Species (ANS) free; certified disease free for all viruses including VHSv and Fathead minnow nidovirus, and for Heterosporis; 100% free of contamination with other species or exotics. Documentation to support these criteria will be provided to Wolf Lake State Fish Hatchery annually, except for fish health certification which will be provided with each delivery.

2. By tendering any Deliverable to the State, the Contractor certifies to the State that:

i. It has performed reasonable quality assurance activities

ii. It has performed any reasonable testing

iii. It has corrected all material deficiencies discovered during the quality assurance activities and testing. To the extent that testing occurs at State Locations, the State is entitled to observe and otherwise participate in the testing.

3. Inspection

i. The State will examine packages upon delivery noting the quantity of packages delivered and any obvious visible or suspected damage using the shipper’s delivery documents and appropriate procedures.

4. The State’s review period for acceptance of the Deliverable(s) is governed by the applicable Statement of Work, and if the Statement of Work does not specify the State's review period, it is by default 30 Days for a Deliverable (State Review Period). The State will notify the Contractor by the end of the State Review Period that either:

i. The Deliverable is accepted in the form of delivery by the Contractor.

ii. The Deliverable is accepted, but noted deficiencies must be corrected, or

iii. The Deliverable is rejected along with notation of any deficiencies that must be corrected before acceptance of the Deliverable.

5. If the State delivers to the Contractor a notice of deficiencies, the Contractor will correct the described deficiencies and within 30 Days resubmit the Deliverable(s) with an explanation that demonstrates all corrections have been made to the original Deliverable(s). The Contractor's correction efforts will be made at no additional charge. Upon receipt of a corrected Deliverable from the Contractor, the State will have a reasonable additional period, not to exceed 30 days, to accept the corrected Deliverable.

6. The State’s obligation to comply with any State Review Period is conditioned on the timely delivery of the Deliverable(s). The State Review Period will begin on the first Business Day following the State's receipt of the Deliverable(s)

7. The State may inspect the Deliverable to confirm that all components have been delivered without material deficiencies. If the State determines that the Deliverable or one of its components has material deficiencies, the State may reject the Deliverable without performing any further inspection or testing.

8. The State will only approve a Deliverable after confirming that it conforms to and performs according to its specifications without material deficiency. The State may, in its discretion, conditionally approve a Deliverable that contains material deficiencies if the State elects to permit the Contractor to correct those deficiencies post-approval. The Contractor remains responsible for working diligently to correct, within a reasonable time at the Contractor's expense, all deficiencies in the Deliverable that remain outstanding at the time of State approval.

9. If, after three opportunities the Contractor is unable to correct all deficiencies, the State may:

i. demand that the Contractor cure the failure and give the Contractor additional time to do so at the sole expense of the Contractor;

ii. keep the Contract in force and perform, either itself or through other parties, whatever the Contractor has failed to do, and recover the difference between the cost to cure the deficiency and the Contract price plus an additional amount equal to 10% of the State's cost to cure the deficiency; or

iii. fully or partially terminate the Contract for default by giving notice to the Contractor. Notwithstanding the foregoing, the State cannot use, as a basis for exercising its termination rights under this Section, deficiencies discovered in a repeat State Review Period that could reasonably have been discovered during a prior State Review Period.

10. The State, at any time and in its reasonable discretion, may reject the Deliverable without notation of all deficiencies if the acceptance process reveals deficiencies in a sufficient quantity or of a sufficient severity that renders continuing the process unproductive or unworkable.

7.2. Final Acceptance

Unless otherwise stated in the Statement of Work, "Final Acceptance" of a Deliverable occurs when that Deliverable has been accepted by the State following the applicable State Review Period.

8 Invoice and Payment

8.1 Invoice Requirements

A. The Contractor agrees to submit Notice of Service Provided slips upon completion of…