Instructions To Bidders AD1.pdf

STATE OF MICHIGAN

Department of Technology, Management and Budget—Procurement

Natural Gas Supplier - Pre-Qualification For Choice Program

Department No. 171, RFP No. 180000000077

Solicitation Manager Name: Yvon Dufour

Direct Phone: 517-284-6996 Email: dufoury@michigan.gov

Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Proposal (RFP) for:

This is a Request for Proposal (RFP) for pre-qualification of Natural Gas Suppliers for the State of Michigan Energy Purchasing Cooperative described in “Standard Contract terms”.

RFP Timeline

Event Time Date

RFP issue date N/A 9/22/2017

Pre-proposal meeting 10:00 a.m. EST 9/28/2017

Deadline for bidders to submit questions about this RFP

3:00 p.m. EST 10/5/2017

Anticipated date State will post answers to bidder questions on www.michigan.gov/SIGMAVSS

3:00 p.m. EST 10/10/2017

Proposal deadline* 3:00 p.m. EST 10/24/2017

Anticipated contract begin date N/A 12/22/2017

*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.

http://www.michigan.gov/SIGMAVSS

STATE OF MICHIGAN

PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name in the header of all documents submitted with your proposal.

RFP Structure and Documentation

Document Description Bidder Response Instructions

Cover Page Provides RFP title and number, important dates, and contact information for Solicitation Manager

Informational

Proposal Instructions Provides RFP instructions to bidders

Informational

Vendor Questions Worksheet Questions to bidders on background and experience

Bidder to complete and submit by proposal deadline

Schedule A1 – Transaction Confirmation (Small Commercial)

Transaction Confirmation Informational

Schedule A2 – Transaction Confirmation (Large Commercial)

Transaction Confirmation Informational

State of Michigan Standard Terms and Conditions

Provides legal terms for a contract awarded through this RFP

Deemed accepted by bidder unless information required in Section 8, Evaluation Process is submitted by proposal deadline

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

Q # Document Name Section # Page # Requirement # Bidder Question

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

5. OPTIONAL PRE-PROPOSAL MEETING/CONFERENCE CALL. A pre-proposal meeting will be held as a teleconference as noted below:

Date and Time: Thursday September 28, 2017 @ 10:00 am EST

Conference Call Details: Dial-in: (877) 336-1831

Access Code: 7989196

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

mailto:dufoury@michigan.gov http://www.michigan.gov/SIGMAVSS

Attendance at the pre-proposal meeting is limited to 5 people per bidder. If the pre-proposal meeting is mandatory, a bidder may be disqualified by being late. Subcontractor sign-in is permitted in lieu of the bidder as evidence of attendance. Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 10 business days before the date of the meeting. Accommodation requests received outside this time period cannot be guaranteed.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable (native) format (examples include, but are not limited to: Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF.

Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the Cover Page, 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) 373-4111 or (888) 734-9749.

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

a. Contractor represents a minimum net worth of $5,000,000.

i. Documentation must be provided as required in “Vendor Questions Worksheet” – Section 6.

b. Contractor must provide all of the Price Management Tools per “Vendor Questions Worksheet” – Section 10.

c. Contractor must have at least two prior experiences with an annual load of 100,000 Mcf or greater as required in “Vendor Questions Worksheet” – Section 9.

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

8. EVALUATION PROCESS If all mandatory requirements are met, the State will evaluate each proposal based on the following factors:

Technical Evaluation Criteria Weight

Financial Stability, Sales, Experience, Tools & Relationships

Vendor Questions Worksheet – Sections 5,6,7,8,9,10, & 11

General Requirements and Contract Terms and Conditions.

Standard Contract Terms – All Sections

Vendor Questions Worksheet – Section 13

Background

Vendor Questions Worksheet - Sections 2

Total 100

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

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veteran (QDV) status under MCL 18.1261(8). Additional information on the QDV preference is available at:

http://michigan.gov/micontractconnect/0,4541,7-225-48677-123519--,00.html.

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

The State may 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.

9. 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.

10. 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.

11. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

j. Enter into negotiations with one or more bidders on price, terms, technical requirements, or other deliverables.

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

l. Evaluate the proposal outside the scope identified in Section 8, Evaluation Process, if the State receives only one proposal.

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in Section 8, Evaluation Process, and price, as demonstrated by the proposal. The State will post a Notice of Recommendation for Award on www.michigan.gov/SIGMAVSS.

13. DEBRIEF MEETING AND BID PROTEST. The State will post a Notice of Recommendation for Award, which will provide instructions on how to request a debrief meeting https://1.next.westlaw.com/Document/NDF51D9D11A6211E7AF4BCB5D36CD7FBD/View/FullText.html?transitionType=UniqueDocItem&contextData=(sc.Search)&userEnteredCitation=MCL+18.1261 http://michigan.gov/micontractconnect/0,4541,7-225-48677-123519--,00.html

If you wish to initiate a protest of the award, you must submit your written protest electronically at BidProtest- DTMB@michigan.gov no later than 5:00 p.m., five (5) calendar days after posting the Notice of Recommendation for Award on SIGMA VSS, or by 5:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS.

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

14. STATE ADMINISTRATIVE BOARD. Contracts in excess of $500,000 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.

15. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the bidder, the State may, at its option, incorporate any part of the bidder’s proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the State’s environment, or contain all matters upon which agreement must be reached. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

16. FREEDOM OF INFORMATION ACT.

a. 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, or financial or proprietary information” are exempt from disclosure under FOIA. And under MCL 18.1470(3), “proprietary financial and accounting” information is also exempt from disclosure under FOIA.

b. If information within a bidder’s proposal falls under the aforementioned exemptions, and the bidder seeks to have it withheld from disclosure under FOIA, then by the proposal deadline, the bidder must: (1) save exempt information in a separate file (i.e., document); (2) name the file/document “FOIA-EXEMPT”; (3) label the header of each page of the file/document “Confidential–Trade Secret,” “Confidential–Financial,” or “Confidential–Proprietary” as applicable; (4) clearly reference within the file/document the RFP schedule, section, and page number to which the exempt information applies; and (5) verify within the FOIA-EXEMPT file/document that the information meets the FOIA exemption criteria.

c. The State reserves the right to determine whether information designated as exempt by a bidder falls under the FOIA exemptions.

d. Resumes, pricing, and marketing materials are not trade secrets or financial or proprietary information.

e. Do not identify your entire proposal as “FOIA-EXEMPT,” and do not label each page of your proposal “Confidential.” If a bidder does so, the State may require the bidder to resubmit the proposal to comply with subsection (b) above.

f. If the State requires a bidder to resubmit a proposal for failure to follow these instructions, the State reserves the right to disqualify the bidder if the proposal is materially changed upon resubmission.

In other words, amendments to the proposal should be restricted to that which is necessary to separate confidential from non-confidential information.

mailto:BidProtest-DTMB@michigan.gov mailto:BidProtest-DTMB@michigan.gov http://www.michigan.gov/micontractconnect http://www.michigan.gov/SIGMAVSS http://www.legislature.mi.gov/(S(b2idoibk3wwdcrok5bm0s021))/mileg.aspx?page=getObject&objectName=mcl-18-1261 http://www.legislature.mi.gov/(S(0maooowvs1ncgfpdbtafkvxy))/mileg.aspx?page=GetObject&objectname=mcl-445-1902 http://www.legislature.mi.gov/(S(ikxtgnlhgrao5zhaug3iprvj))/mileg.aspx?page=getObject&objectName=mcl-18-1470