invitation_to_negotiate.docx

State of Michigan Invitation to Negotiate #210000000048 INVITATION TO NEGOTIATE Instructions and Template If the State is aware of more than one contractor that can provide the good or service, this solicitation method should not be used.

Invitation to Negotiate An Invitation to Negotiate (ITN) is a formal competitive bidding process intended to advise contractors of the State’s desire to purchase a good or service, and intention to enter into negotiations and execute a contract with a single bidder based on its belief that only one contractor is able to provide the good or service.

This method is used when the purchase has a mandatory minimum requirement and meets one of the following: (1) the good or service is proprietary in nature, (2) purchase is based on compatibility with existing infrastructure, or (3) the purchase is based on licensing exclusivity.

Examples include:

· Contractor is the only vendor holding the license, patent, copyright or trademark allowing them to provide the good or service

· Where the contractor has exclusive rights to the manufacturing, distributing, or selling of the good or service

· Where the warranty, repair, or maintenance rights are limited to a selected contractor, or

· Where a proprietary item is required and the compatibility of equipment, accessories, or replacement parts is the paramount consideration

Process

1. Complete all required fields on the General Routing (GR) document in SIGMA.

2. Complete and attach the General Routing Document Template to the GR including all required ITN information (preferred method)

OR

Enter the information referenced on the General Routing Document Template, including the required ITN information, on the Extended Description tab of the GR document in SIGMA.

3. Submit the GR document in SIGMA to route to the Chief Procurement Officer for approval to post the ITN.

4. Once approved, complete the Invitation to Negotiate (ITN) template to attach to the ITN when posting in SIGMA.

5. Post ITN on SIGMA utilizing the appropriate commodity code references for the Email Push functionality, so that all potential contractors are notified. Allow at least 7 calendar days after the date issued for potential bidders to respond. DO NOT ENTER ANY VENDORS ON THE VENDOR LIST SECTION OF THE SIGMA ITN (this will override the Email Push and restrict notification to only the vendors on the list).

6. If the State receives a response from any contractor other than the intended source indicating that they can provide the good or service, the Purchasing Professional must review the response and determine if the source offered is a viable alternative.

If the source offered cannot meet the State’s needs, the Purchasing Professional must explain why it is not a viable alternative in the Award Recommendation and Evaluation Synopsis – No Viable Bidder Discovered, which must be sent to the Chief Procurement Officer/designee for review and approval. Once approved, the Purchasing Professional will post the Award Recommendation and Evaluation Synopsis – No Viable Bidder Discovered on SIGMA.

If the source offered can meet the State’s needs, the purchase must be processed through a separate competitive bidding process.

NOTE: The vendor identified in the ITN does not need to respond.

If no viable alternative sources are identified, negotiate and execute the contract in accordance with the Michigan Procurement Policy Manual.

7. Send a copy of the final contract to Central Procurement Services. The specifications in the resulting contract must not deviate from the initial request to purchase approved by the Chief Procurement Officer or designee.

Do not include these instructions on the Invitation to Negotiate posting.

INVITATION TO NEGOTIATE

NOTICE OF INTENT TO NEGOTIATE AND CONTRACT WITH A SINGLE PROVIDER

Date: July 26, 2021

The State of Michigan intends to make a purchase for which it believes there is no viable alternative. The purpose of this notice is to attempt to identify possible alternatives.

Requestor: Chris Johnecheck, Michigan Department of Transportation (MDOT)

1. State Contact Information:

The sole point of contact concerning this Invitation to Negotiate is:

Laura Dotson, Solicitation Manager Telephone number: 517 230-1612 DotsonL2@michigan.gov

2. Description of Purchase: Shape Array Inclinometers

3. Commodity Code References:

4. Description of Action: Shape Array Inclinometers are needed to monitor slope movement on MDOT’s construction projects that have active slope stability concerns. The innovative technology allows MDOT to monitor the slope in real-time. Shape Array Inclinometers are in line with MDOT’s vision of utilizing “innovative”techniques.

Only one manufacturer (Measurand) makes and provides this equipment.

5. Intended Source: Measurand, 2111 Hanwell Road, Fredericton, NB, Canada E3C 1M7

6. Questions: Questions concerning the Invitation to Negotiate must be posted on www.michigan.gov/SIGMAVSS no later than July 29, 2021. In the interest of transparency, only written questions will be accepted. Answers to questions will be posted on www.michigan.gov/SIGMAVSS.

Responders should submit their questions using the following format:

7. Response Deadline: Any potential bidder who does not agree that this good or service is available only from the intended source, must submit a response to the Solicitation Manager by August 3, 2021. Your response must be in writing and describe the product or service you are offering as an equivalent.

Version 3 Revised: 5/2019