LED Triton Trailers RFP Documents 4-14-21.docx

Department of Natural Resources DNR Law Enforcement Division Triton Trailers Per Specifications OR COMPARABLE ALTERNATE

Request for Proposal No. 2100000001661

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 proposal disqualification.

All questions regarding this RFP must be EMAILED to the Solicitation Manager.

All Bidder questions must be received by the date and time stated in the RFP Timeline.

Answers will be posted on SIGMA VSS only.

Emailed responses will not be provided.

Verbal responses will not be provided.

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

RFP Timeline

RFP issue date

April 14, 2021

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

SIGMA VSS will not allow proposal submission beyond the deadline.

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

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.

RFP Structure and Documentation

Bidder’s request for confidential treatment of proposal information Bidder MUST sign and date either page 1 or page 2 and attach with proposal in SIGMA VSS.

Bidders company information, background and experience Bidder to complete and attach with proposal in SIGMA VSS

Contract Activities, Requirements and Specifications Bidder to complete and attach with proposal in SIGMA VSS

Vendor’s Price Quote Bidder to complete and attach with proposal in SIGMA VSS

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

3. PRE-PROPOSAL MEETING. No Pre-Proposal Meeting will be scheduled.

4. 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.

5. QUESTIONS. Bidder questions about this RFP must be EMAILED to the Solicitation Manager no later than the time and date specified on the Cover Page. In the interest of transparency, only emailed questions will be accepted. Telephone questions will not be accepted. Individual responses to bidder questions will not be provided.

All bidder questions will be compiled and the questions and answers (Q&A) will be posted on SIGMA VSS. SIGMA will generate an automated email to notify bidders that Q&A have been posted.

Bidders must include SIGMA Vendor ID, the RFP document name (Statement of Work, Standard Contract Terms, etc.) and the section number and RFP page number when emailing questions. Emailed questions must also include the Bidders SIGMA Vendor ID.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through SIGMA VSS. The Solicitation Manager recommends accessing the RFP in SIGMA to download and complete all Mandatory Documents before beginning proposal submission in SIGMA VSS.

Bidder documents must be word or excel format and attached to the proposal in SIGMA VSS. Schedule B – Vendor Price Quote should be completed and attached as a separate document.

In addition to submitting documents in the required modifiable format, bidders may also include copies of Mandatory Documents in PDF format. Attachment file size is limited to 6 MB per document.

Bidder’s failure to submit a proposal as required may result in proposal disqualification.

All Mandatory Documents must be uploaded and the proposal complete and submitted in SIGMA VSS before the proposal deadline. Do not wait until the last minute to submit a proposal. Interested Bidders must be registered in SIGMA VSS to submit a proposal. SIGMA VSS will not allow proposal submission after the proposal deadline, even if a portion of the proposal has already been completed.

Questions on how to register, navigate SIGMA VSS or how to submit a proposal can be answered by calling (517) 284-0540 or (888) 734-9749.

The Solicitation Manager may be available for assistance one business day prior to the proposal deadline but will not provide submittal assistance on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

7. EVALUATION PROCESS. The State will evaluate each proposal based on the following factors:

Proposals meeting all Mandatory Minimum Requirements and receiving a PASS on both Mandatory Documents 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 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.

8. 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.

9. 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.

10. 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 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 in SIGMA VSS; 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.

11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder meeting Mandatory Minimum Requirements, receives a PASS on all Mandatory Documents and offers the lowest price to the state. 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.

12. DEBRIEF MEETING AND BID PROTEST. The Award Recommendation and Evaluation Synopsis includes instructions on how participating Bidder’s may request a debrief meeting.

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

Protest requirements available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

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

14. 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 www.michigan.gov/SIGMAVSS are the State’s property.

15. 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.

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.

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.”

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.

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

Triton Trailers per specifications OR COMPARABLE ALTERNATE

Company Name

SIGMA Vendor ID

Printed Name and Title

Date

Signature confidential treatment form

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 attached to this form a redacted “Public Copy” of the bidder’s proposal.

Triton Trailers per specifications OR COMPARABLE ALTERNATE

Company Name

SIGMA Vendor ID

Printed Name and Title

Date

Signature confidential treatment form

Department of Natural Resources DNR Law Enforcement Division Triton Trailers Per Specifications OR COMPARABLE ALTERNATE

Request for Proposal No. 2100000001661

MANDATORY DOCUMENT

SCORED FOR TECHNICAL EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS

Provide a detailed response to each question.

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, 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

Does your company have experience working with the State of Michigan? If so, please provide a list (including the contract number) of the contracts you hold or have held with the State for the last 10 years.

Bidders without State of Michigan experience MUST complete the Relevant Experiences section, below.

☐ Yes ☐ No

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:

Describe at least three (3) relevant experiences from the last five (5) years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

You may attach an additional document listing references however, the State requests 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 the subject of 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 the subject of 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 the subject of 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 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. Other

vendor questions worksheet

Department of Natural Resources DNR Law Enforcement Division Triton Trailers Per Specifications OR COMPARABLE ALTERNATE Request for Proposal No. 2100000001661

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.

SCOPE

DNR Law Enforcement Division is requesting bids for a total of TWENTY Triton Trailers, Eighteen Triton VC-612 and Two Triton XT-147, per specifications OR COMPARABLE ALTERNATE BRAND.

Bidders submitting proposals for alternate comparable trailers must include specifications for DNR review / approval. DNR reserves the right to accept or reject any comparable alternates proposed.

Bidders may submit proposals on any quantity of trailers they have or will have available. DNR may recommend a split award if one vendor cannot provide all trailers required.

REQUIREMENTS

1. General Requirements

1.1. Product Specifications

The Contractor must provide the following:

EIGHTEEN (18) TRITON VC-612 TRAILERS OR COMPARABLE ALTERNATE:

2020 or Newer Triton VC-612 Trailers OR COMPARABLE ALTERNATE

V-Front 22’ Trailer

Single Axle

Standard drop-down rear door opening. Minimum opening size 63.5” x 66”

Black

Hoop Style spare tire carrier mounted on front wall

Spare Tire (ST205/75 D14C)

Standard aluminum wheels with standard tires (ST205/75 D14C)

Heavy-Duty A-Frame tongue

Tongue jack (manual)

Ski Guides

Track Mats

4-Way Flat Hitch Plug

No stabilizer jacks

Standard dome light

TWO (2) TRITON XT-147 TRAILERS OR COMPARABLE ALTERNATE:

2020 or Newer Triton XT-147 Trailers OR COMPARABLE ALTERNATE

V-Front 22.5’ Trailer

Double Axle

Standard drop-down rear door opening. Minimum opening size 76” x 80”

Black

Hoop Style spare tire carrier mounted on front wall

Spare Tire (ST205/75 R14C)

Standard aluminum wheels with standard tires

Heavy-Duty A-Frame tongue

Tongue jack (manual)

Ski Guides (07289)

Track Mats

4-Way Flat Hitch Plug

No stabilizer jacks

Standard dome lights

PRICING MUST INCLUDE DELIVERY F.O.B. DESTINATION TO:

VC-612

5 - Gaylord CSC Office, 1732 West M-32, Gaylord, MI 49735 7 - Roscommon CSC Office, 8717 N. Roscommon Road, Roscommon, MI 48653 6 - Bay City CSC Office, 3580 State Park Drive, Bay City, MI 48706

XT-147

2 – Gaylord CSC Office, 1732 West M-32, Gaylord, MI 49735

1.2. Warranties

A. Describe any warranties included in the bid – add additional rows as needed.

B. Explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements.

C. 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 warranties included in the bid (if none, write N/A):

Length of the warranty:

Process for reporting warranty issues:

Explain how any repairs or replacements are made, including timing, etc.:

If the warranty is provided through manufacturer, Bidder must confirm warranty passes through to the State:

Provide the name, address, contact name, phone number and email address of the party responsible for the warranty:

1.3. Quality Assurance Program

Explain your Quality Assurance Program(s).

Bidder Response:

1.4. Incentives

Explain any special incentives or services including, but not limited to, return policies, trade-in programs, quantity discounts, etc.

Bidder Response:

2. Service Requirements

2.2. Timeframes

All Contract Activities must be delivered within NINETY (90) calendar days from receipt of Purchase Order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

List exception(s):

2.3. Delivery

Delivery will be expected within 90 calendar days from receipt of Purchase Order. Delivery must be included in the price proposed, F.O.B. Destination, as stated above.

List exception(s):

3. Staffing

3.1 Contractor Representative

A. The Contractor must appoint one (1) individual, specifically assigned to any resulting Contract who will be available to receive calls for service prior to 7:00 a.m. Monday – Friday, respond to notice of unacceptable conditions within four (4) business hours and respond to State inquiries regarding the Contract Activities.

B. The Contractor agrees to notify the Contract Administrator at least ten (10) calendar days before removing or assigning a new Contractor Representative. The Contract Administrator will draft a Change Notice for signature by the Contractor.

C. The Contractor must identify the Contractor Representative, indicate where they will be physically located, provide contact information and describe the functions they will perform.

Bidder Response:

Contractor Representative:

Address:

Telephone:

Email:

Days/Times Available:

Function:

3.2 Disclosure of Subcontractors

A. The Contractor agrees to remain responsible for the management of any subcontractors utilized for the performance of Contract Activities. Subcontractors will be bound to the Contractor by the terms of any resulting Contract.

B. The State reserves the right to review and approve any subcontractor or require replacement of unacceptable subcontractors. The State’s written approval of any subcontractor does not relieve the Contractor of any obligation or performance required under any resulting Contract.

C. Any change in subcontractor(s) should be pre-approved, in writing (email is acceptable) by the Program Manager, with notice to the Contract Administrator.

D. The State will direct payments for Contract Activities only to the Contractor. The State will not direct payment to a subcontractor.

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

Bidder Response:

Subcontractor:

Business Name:

Address:

Telephone:

Email:

Description of organization:

Services Provided:

Detail on Subcontractor’s ability to provide Contract Activities:

Previous working relationship with Contractor:

Description of Contract Activities to be performed:

4. Pricing

4.1 Price Term

A. Price quotes is firm for the entire length of the Contract.

5. Ordering

5.1. Authorizing Document

A. The appropriate authorizing document for the Contract will be a properly executed Purchase Order.

5.2. Order Verification

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

6. Delivery

6.1. Delivery Programs

A. The Contractor must explain its delivery programs (e.g., Contractor fleet, or other third-party carrier) it intends on utilizing in delivery of the Contract Activities.

Bidder Response:

Contractor Delivery Programs:

7. Acceptance

7.1. Acceptance, Inspection and Testing

A. DNR staff at each delivery location will inspect trailers at delivery and note any damage / deficiencies. Damage reports will be forwarded to the DNR Program Manager and the Contractor. Contractor agrees to repair / replace as required, per Section 18 of the Standard Contract Terms.

8. Invoice and Payment

8.1. Invoice Requirements

A. All invoices submitted to the State must include: (a) date; (b) purchase order number / document I.D.; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price.

8.2. Payment Methods

A. The State will make payment for Contract Activities by Electronic Funds Transfer (EFT) only.

9. Liquidated Damages 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 by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $5,000 and an additional $1,000 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Schedule A – statement of work contract activities

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 May 10, 2021 (“Effective Date”), and unless terminated, expires on September 30, 2021.

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 making contact with 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, 3rd 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, 3rd 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. Contractor, at its sole expense, must maintain the insurance coverage identified below. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State; and (c) be provided by a company with an A.M. Best rating of "A-" or better, and a financial size of VII or better.

Commercial General Liability Insurance

Minimum Limits:

$1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products/Completed Operations $2,000,000 General Aggregate Deductible Maximum:

$50,000 Each Occurrence Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 2010 07 04 and CG 2037 07 04.

Umbrella or Excess Liability Insurance

Minimum Limits:

$5,000,000 General Aggregate Contractor must have their policy follow form.

Automobile Liability Insurance

Minimum Limits:

$1,000,000 Per Accident Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) include Hired and Non-Owned Automobile coverage.

Workers' Compensation Insurance

Minimum Limits:

Coverage according to applicable laws governing work activities.

Waiver of subrogation, except where waiver is prohibited by law.

Employers Liability Insurance

Minimum Limits:

$500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease

If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the Effective Date of the Contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least three (3) years after completion of the Contract Activities; and (c) if coverage is cancelled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract Effective Date, Contractor must purchase extended reporting coverage for a minimum of three (3) years after completion of work.

Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or delivery order number, at Contract formation and within twenty (20) calendar days of the expiration date of the applicable policies; (b) require that subcontractors maintain the required insurances contained in this Section; (c) notify the Contract Administrator within five (5) business days if any insurance is cancelled; and (d) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver.

This Section is not intended to and is not to be construed in any manner as waiving, restricting or limiting the liability of either party for any obligations under this Contract (including any provisions hereof requiring Contractor to indemnify, defend and hold harmless the State).

7. Independent Contractor. Contractor is an independent contractor and assumes all rights, obligations and liabilities set forth in this Contract. Contractor, its employees, and agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Contract. Contractor, and not the State, is responsible for the payment of wages, benefits and taxes of Contractor’s employees and any subcontractors. Prior performance does not modify Contractor’s status as an independent contractor.

Contractor hereby acknowledges that the State is and will be the sole and exclusive owner of all right, title, and interest in the Contract Activities and all associated intellectual property rights, if any. Such Contract Activities are works made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any Contract Activities and related intellectual property do not qualify as works made for hire under the Copyright Act, Contractor will, and hereby does, immediately on its creation, assign, transfer and otherwise convey to the State, irrevocably and in perpetuity, throughout the universe, all right, title and interest in and to the Contract Activities, including all intellectual property rights therein.

8. Subcontracting. Contractor may not delegate any of its obligations under the Contract without the prior written approval of the State. Contractor must notify the State at least 90 calendar days before the proposed delegation and provide the State any information it requests to determine whether the delegation is in its best interest. If approved, Contractor must: (a) be the sole point of contact regarding all contractual matters, including payment and charges for all Contract Activities; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in this Contract in any subcontract with a subcontractor. Contractor remains responsible for the completion of the Contract Activities, compliance with the terms of this Contract, and the acts and omissions of the subcontractor. The State, in its sole discretion, may require the replacement of any subcontractor.

9. Staffing. The State’s Contract Administrator may require Contractor to remove or reassign personnel by providing a notice to Contractor.

10. Background Checks. Pursuant to Michigan law, all agencies subject to IRS Pub. 1075 are required to ask the Michigan State Police to perform fingerprint background checks on all employees, including Contractor and Subcontractor employees, who may have access to any database of information maintained by the federal government that contains confidential or personal information, including, but not limited to, federal tax information. Further, pursuant to Michigan law, any agency described above is prohibited from providing Contractors or Subcontractors with the result of such background check. For more information, please see Michigan Public Act 427 of 2018. Upon request, or as may be specified in Schedule A, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.

11. Assignment. Contractor may not assign this Contract to any other party without the prior approval of the State. Upon notice to Contractor, the State, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Contract to any other party.