Limestone CHP RFQ 2022.docx

STATE OF MAINE

DEPARTMENT OF DEFENSE VETERANS AND EMERGENCY MANAGEMENT

RFQ # 15A 22091600000000000063

Snowplowing Services CHP Buildings Limestone

Quotations/Responses Due: November 3, 2022, not later than 4:00 p.m. local time

Note: To all interested bidders receive the same information about the open bid opportunity, all questions and responses must be provided via the State of Maine’s E-Procurement system: AdvantageME / Vendor Self Service (VSS). The Division of Purchases will not answer questions unless they are submitted through the VSS. All questions must be submitted no later than two (2) business days prior to closure date and time. Not all questions will be answered.

General Instructions on Bidder Questions It is the responsibility of each Bidder to examine the entire RFQ and to seek clarification by submitting questions through the Q & A List tab on the Solicitation page. Any answers to questions will appear there as well. It is the vendor's responsibility to log in to view all questions and answers posted. Additional information obtained any other way will not be valid.

In the event that you must contact us for any other reasons than the Q & A previously mentioned, only the Buyer listed on the Solicitation page may be contacted from the time this RFQ is issued until award notification is made. No other person/State employee is empowered to make binding statements regarding this RFQ. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.

Summary For this competitive Request for Quotations (RFQ) process, the State of Maine Division of Procurement Services (“Division”) is acting on behalf of The Department Defense Veterans and Emergency Management (“Requesting Department”). The Division and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services listed above. This document provides instructions and descriptions of requirements for this competitive process.

RFQ REQUIREMENTS

1. Description of Requirements

The following is a description of the goods and/or services sought by the State of Maine under this RFQ.

· Please see Appendix B

2. Bid Contents Requirements

In addition to the cost, delivery, and other information required in VSS, all bids MUST contain the following information as attachments, in the Appendices listed below. Bids received without all required documents may be rejected.

· Appendix A: Bid Cover Page and Debarment Form (Wet signed using a pen is preferred)

· Audit Report: If documents are electronically signed using DocuSign or Adobe Sign the bid must include the system generated audit report. No other form of electronic signature is permitted.

· Appendix C: Cost Response

· Appendix D: Subcontractor & Disaster Recovery Plan

· Appendix E: Snowplow Plans

3. Contract Term

In addition to any mutually agreed upon delivery dates for purchases of goods, the contract resulting from this RFQ will have a term, or “Period of Performance”, during which the contract is considered to be in effect. The anticipated contract term is defined in the table below. Please note that the dates below are estimated and may be adjusted as necessary in order to comply with all procedural requirements associated with this RFQ and the contracting process. The actual contract start and end dates will be established by the completed and approved contract.

Contract Renewal: Following the initial term of the contract, the Division, at their discretion, may opt to renew the contract for four (4) extension periods of one (1) year each.

The term of the anticipated contract, resulting from this RFQ, is defined as follows:

4. Submitting a Quotation

a. Quotations Due: Quotations must be received no later than 4:00 p.m. Eastern Standard Time (EST), on the date listed in VSS. Quotations received after the 4:00 p.m. deadline will not be accepted.

b. Submission Instructions: Bidders must submit their bids in the State of Maine’s electronic procurement system: Advantage “Vendor Self Service” (VSS). More information on this system can be found at the following internet link: http://www.maine.gov/purchases/venbid/rfq.shtml.

c. Multiple Quotations: Unless specifically prohibited in Section 1 of this RFQ, Bidders are permitted to submit multiple quotations for this RFQ, offering alternative items or pricing for the State of Maine to consider in its best value determination.

d. Withdrawal of a Quotation: Bidders are permitted to withdraw their own quotations up until the due date and time for receipt of quotations. To do so, a Bidder must enter the VSS system (as referenced above), identify and open their submitted quotation located in the Solicitation Responses tab, and click the “Withdraw” button found at the bottom of the screen. Quotations cannot be withdrawn after the due date and time for receipt of quotations.

e. Attachments: Any attachments provided with the Advantage VSS bid submission must be in MS Word, MS Excel, or Adobe (.pdf) format, unless otherwise specified in Section 1 of this RFQ. Vendors are encouraged to submit supporting documentation that aid the requesting department in understanding how the bid conforms to the requirements. The VSS attachment file size limit is 2Mb. Please contact the buyer for this RFQ if you must submit attachment files larger than this.

f. Vendor specifications: Unless otherwise stated in this RFQ document, limited specification information will be required upon submission of a bid in response to this RFQ. However, a Bidder’s response should include an affirmative statement that their bid complies with all requirements of this RFQ, unless the Bidder specifically addresses how its bid differs from the specifications, and why the differences should be deemed acceptable by the State.

5. General Instructions

a. The Bidder must submit a cost quotation response that covers the goods and term of the contract, including any optional renewal.

b. The cost quotation shall include the costs necessary for the Bidder to fully comply with the contract terms and conditions and RFQ requirements.

c. Failure to provide the requested information may result in the exclusion of the quotation from consideration, at the discretion of the Division.

d. No costs related to the preparation of the quotation for this RFQ or to the negotiation of the contract with the Department may be included in the quotation.

e. The State is exempt from the payment of Federal, State and local Taxes on articles not for resale. Please provide quotations that do not include these taxes. Upon application, an exemption certificate can be furnished by the State at the point of contract finalization.

6. Quotation Evaluation and Selection

Evaluation of the submitted quotations shall be accomplished as detailed below:

a. State of Maine RFQ documents are evaluated on a Best Value basis. The term “Best Value” may take into consideration the qualities of the goods or services to be supplied, their conformity with the specifications listed in the RFQ, the purposes for which they are required, the date of delivery, and the best interest of the State. Once the goods or services have been determined to conform to the specifications then the Division will make its award decision based on the lowest price among the Bidders. Delivery days can be a factor in awarding.

b. The State reserves the right to not make an award to the lowest price bidder when that bidder has had documented poor performance and/or a contract terminated or not renewed within the last five years.

c. At the discretion of the Division, if a Bidder’s submission is deemed to not conform to the specifications listed in the RFQ, or otherwise not conform to the requirements of the RFQ, then that Bidder’s submission may not be considered for contract award.

d. In the event that no Bidder submission conforms to the specifications of this RFQ, then the Division may choose not to make any award. Alternatively, the Division may make an award to the Best Value Bidder whose specifications most closely meet the specifications of this RFQ. For example, if there are five specification requirements, and two responses are received with one Bidder meeting four requirements, and one bidder meeting three requirements, then the Division, at its discretion, may make a contract award to the Bidder meeting four requirements.

e. If the specifications provided with this RFQ are of a technical nature, then the Division’s RFQ Coordinator, at his or her discretion, may seek to use an evaluation team comprised of subject matter experts, end-users from the Requesting Department, or other State Department representatives. In such a case, the evaluation team will judge the merits of the quotations received in accordance with the best value criteria defined in the RFQ.

7. Negotiations

a. No Best and Final Offers: The State of Maine will not seek a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their Best Value pricing with the submission of their quotation.

b. The Division reserves the right to negotiate with the successful Bidder to finalize a contract at the same rate or cost of goods and services as presented in the selected quotation. Such negotiations may not significantly vary the content, nature or requirements of the quotation or the RFQ to an extent that may affect the price of goods or services requested. The Division reserves the right to terminate contract negotiations with a selected Bidder who submits a proposed contract significantly different from the quotation submitted in response to the RFQ.

c. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Division may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Division may cancel the RFQ, at its sole discretion.

TERMS AND CONDITIONS FOR RFQ AND CONTRACT

PART I GENERAL INFORMATION ON RFQs

A. Purpose and Background

The State of Maine (“State”) Department of Administrative and Financial Services (“Department”), Bureau of Business Management (“Bureau”), Division of Procurement Services (“Division”) acts as the purchasing agent on behalf of all Executive Departments and other agencies within State Government. For this competitive Request for Quotations (RFQ) process, the Division is acting on behalf of the Requesting Department listed on the cover page. The Division and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services as defined above in Section 1 of this document. This document provides instructions for submitting quotations, the procedure and criteria by which the Bidder(s) will be selected, and the contractual terms which will govern the relationship between the State and the awarded Bidder(s). Following Bidder selection and upon reaching a mutual agreement, the State and the selected Bidder will enter into a contract – taking the form of a State of Maine Master Agreement or Buyer Purchase Order (all generally referred to as “contract” herein), as applicable.

B. General Provisions

http://www.mainelegislature.org/legis/statutes/1/title1sec401.html

C. Eligibility to Submit Bids

Public agencies, private for-profit companies, and non-profit companies and institutions are invited to submit bids in response to State of Maine Requests for Quotations.

D. Delivery Terms

For the purchase of goods, the Division and selected Bidder will decide upon a delivery date in accordance with the State’s requirements and the terms offered in the Bidder’s quotation. Unless stated otherwise in Section 1 of this RFQ, all deliveries are expected with shipping terms of “Free on Board (FOB) – Destination”. The State intends for this to mean that all goods shall be priced in the bid response to include shipping charges, if any, to the State’s desired location. The “FOB – Destination” shipping term is also intended to mean that the State shall not bear any responsibility for the goods in question until the State takes possession of them at the destination point of delivery.

E. Alternate Bids and Approved Equals

When, in bid forms and specifications, an article or material is identified by using a trade name and catalog number of a manufacturer or vendor, the term “or approved equal,” if not inserted with the identification, is implied. Any Bidder that seeks to propose an alternate item from what is specified in this RFQ should refer to State of Maine Statute 5 MRSA §1825-B, for “Bids, awards and contracts”, found here: http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html

F. Appeal of Contract Awards

Any person aggrieved by the award decision that results from this RFQ may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 MRSA § 1825-E and 18-554 Code of Maine Rules, Chapter 120 (found here: http://www.maine.gov/purchases/policies/120.shtml). The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within 15 calendar days of receipt of notification of contract award.

If this RFQ results in the creation of a pre-qualified or pre-approved list of vendors, then the appeal procedures mentioned above are available upon the original determination of that vendor list, but not during subsequent competitive procedures involving only the pre-qualified or pre-approved list participants.

PART II CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

The successful Bidder will be required to execute a contract in the form of a State of Maine Buyer Purchase Order, Contract Agreement to Purchase Services or State of Maine Master Agreement.

The Standard Terms and Conditions used with the aforementioned contract types may be found on the Division of Procurement Services’ website at the following link:

BPO_General_Terms

In the event that the State of Maine’s Standard Terms and Conditions or RFQ provisions do not otherwise cover contractual scenarios that are specific to the goods or services being purchased under this RFQ, then the State is willing to consider a Bidder’s standard terms and conditions. Consideration or use of a Bidder’s standard terms and conditions shall only occur under the general agreement that in the event of a conflict, the State of Maine’s Standard Terms and Conditions and RFQ provisions shall take precedence.

Other forms and contract documents commonly used by the State can be found on the Division of Procurement Services’ website at the following link: http://www.maine.gov/purchases/info/forms.shtml

B. Independent Capacity

In providing services and performing under the contract, the successful Bidder shall act independently and not as an agent of the State of Maine.

C. Payments and Other Provisions

The State anticipates paying the selected Bidder for goods and services received, on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RFQ.

The State of Maine reserves the right to pay for goods purchased through this solicitation by any of several available means, which include but may not be limited to check, EFT, and/or procurement card. Bidders are advised that state statute precludes sellers from imposing a surcharge on credit or debit card purchases (text follows):

“9-A MRSA §8-303 (2): A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means.”

Appendix A

STATE OF MAINE

DEPARTMENT OF DEFENSE VETERANS AND EMERGENCY MANAGEMENT

BID COVER PAGE and DEBARMENT FORM

Bidder’s Organization Name:

Chief Executive - Name/Title:

Headquarters Street Address:

Headquarters City/State/Zip:

(provide information requested below if different from above)

Lead Point of Contact for Bid - Name/Title:

Street Address:

City/State/Zip:

By signing below Bidder affirms:

· Their bid complies with all requirements of this RFQ;

· This bid and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening;

· That no personnel currently employed by the Department or any other State agency participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s proposal;

· That no attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal; and

· The undersigned is authorized to enter into contractual obligations on behalf of the above-named organization.

Name:

Title:

To have your bid accepted, this Appendix MUST have an actual wet signature or utilize DocuSign or Adobe Sign forms of electronic signature.

Authorized Signature:

Date:

State of Maine RFQ # 15A 22091600000000000063 Debarment, Performance, and Non-Collusion Certification

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals, and any subcontractors named in this proposal:

1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

1. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

0. fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.

0. violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

0. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

0. have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.

1. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

· Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department.

To the best of my knowledge all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name:

Title:

To have your bid accepted, this Appendix MUST have an actual wet signature or utilize Docu Sign or Adobe Sign forms of electronic signature.

Authorized Signature:

Date:

Appendix B

DETAILED SPECIFICATIONS

RFQ # 15A 22091600000000000063

Snowplowing Services

Worksite: Limestone CHP - Willard Road, Caswell, Maine

Pre-Bid Tour of the Worksite: A pre-bid tour of the worksite will be held on October 27, 2022 at 10:00am Willard Road, Caswell, Maine. The tour is mandatory so interested bidders can view the worksite and ask site-specific questions.

Improper Termination or Cessation of Contract: If the Contractor terminates the contract or ceases to provide services in violation of any term of this Contract, the Contractor will be held liable for any and all costs to the State as a result of such action, including but not limited to, costs associated entering into a temporary contract to replace services once provided by the Contractor until such time as the service can go through the competitive bid process and a new contract can be executed. The Contractor will not be awarded additional contracts with the State until all costs required pursuant to this Contract have been paid in full to the State of Maine. The State further reserves the right to set off any costs owed pursuant to this Contract from any sums owed to the Contractor pursuant to any contract in effect between any agency of the State and the Contractor. Improper termination or cessation of services will be considered poor performance which the State will take into consideration during any future competitive bid evaluation process.

Disaster Recovery Plan: Each bidding Contractor is required to submit a plan of action with their bid describing how their company will handle the contracted services if an emergency situation occurs where your company has a reduction in work force. These plans will not be evaluated but will become part of the awarded contract. Bids received without them may be rejected. Bidders can enter their plan in Appendix C, after the cost schedule or they can submit a separate document.

Certificate of Liability Insurance (COI): The Contractor shall procure and maintain, for the duration of the contract, insurance for injuries to persons or damages to property which may arise from or in connections with the performance of the work hereunder by the Contractor, agents, representatives, employees or subcontractors. The Contractor will supply a COI to the Department prior to the start of the contract term and must send updates as the COI’s are revised or new policies are issued. The Department and the facility address covered by this contract will be listed as the Certificate Holder, all appropriate ADDL INSD boxes must be checked.

Minimum Liability Insurance coverage:

General Liability – A minimum of $1,000,000 per occurrence.

Worker’s Compensation – Minimum state limits required Business Auto Policy – Minimum level of coverage of 500k with snow plowing coverage.

State Held Harmless: The Contractor shall indemnify and hold harmless the Department and its officers, agents, and employees from and against any and all third party claims, liabilities, and costs, including reasonable attorney fees, for any or all injuries to persons or property or claims for money damages, including claims for violation of intellectual property rights, arising from the negligent acts or omissions of the Contractor, its employees or agents, officers or Subcontractors in the performance of work under this Agreement; provided, however, the Contractor shall not be liable for claims arising out of the negligent acts or omissions of the Department, or for actions taken in reasonable reliance on written instructions of the Department.

Specifications

A. Location: Limestone CHP - Willard Road, Caswell Maine

B. General Requirements

1. When there is an Accumulation of Two (2) Inches or More of Precipitation, or the contractor’s services are requested, the Contractor agrees to clear and sand designated areas without interruption.

2. The employees of the facility are responsible for the shoveling of all entrances to the facility – Not the contractor.

3. Plowing of these buildings are to be completed only after the contractor has called the shop chief or designee of the FMS #5 shop to gain access to into the compound. The shop chief will meet the contractor there to open the gate to allow access.

4. All gates to compound will be kept free of snow build up to allow ease of access.

5. The contractor may have to return to plow and sand multiple times, depending on the severity and duration of the storm.

6. Treatment of roadways and parking areas will be done at the time of plowing, as needed. The Contractor will use a sand salt mixture that meets Maine Department of Transportation’s specs. https://www.maine.gov/mdot/contractors/publications/standardspec/

7. Any time weather conditions create unsafe parking lot and road surfaces because of an accumulation of ice, such as melting and refreezing, and wind-caused drifts, Contractor shall initiate sanding/salting operations.

8. The Contractor agrees to contact the Program Administrator if for some reason the entire property cannot be completed within (6) hours after completion of the precipitation event.

9. Equipment Requirement: The Contractor will supply employees, equipment and supplies necessary to complete the services and comply with all federal, state, and local governmental laws, regulations, codes, and ordinances. Equipment must include a minimum of:

a. (1) ¾ ton or larger plow truck capable of clearing a 7 ½ foot to 10 foot `swath

b. (1) truck mounted sander.

This is the minimum established by the Department to adequately complete the clearing and or removal of precipitation and sanding in a timely matter.

10. The Contractor must not put snow in any area designated as environmental practices or identified in Environmental policies.

11. The Contractor agrees to remove snow piles as needed to keep the normal facility operations.

12. Any snow piles at the facility needing to be removed will be hauled to a snow dump area meeting the requirements of Maine Department of Environmental Protection rules for Snow Dumps, Chapter 573, 06-096CMR after normal work hours of operation (7:00am – 4:30pm) https://www.maine.gov/sos/cec/rules/06/096/096c573.doc

C. Damages

1. The Contractor is responsible for repairing damages to any of the facility, lawns and/or curbing, and road shoulders. The Contractor is encouraged to mark areas and or objects subject to damage such as fire hydrants, curbs, and road shoulders, to reduce damages. Road-side shoulders should not be plowed in any way that will erode the integrity of the shoulder. The damage will be repaired in the spring prior to May 15th and requires sign off from the Contract Administrator to ensure repairs are completed.

D. Invoicing

1. Payments of this contract will be made in 6 equal monthly payments, November, December, January, February, March and April. 10% of the contract amount will be withheld from the payments pending satisfactory winter damage repair. The State anticipates paying the Contractor on the basis of Net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RQS.

Awarded Contractor Invoice Requirements

Snow Plowing/Sanding: The seasonal contract amounts will be divided into six (6) billing periods. The billing periods will be November, December, January, February, March, and April. Invoices cannot be sent until after the final day of the billing period.

Appendix C

COST RESPONSE

Snowplowing Services

All responses to this RFQ will require a cost quotation response, in a format selected by the State of Maine. That format is described below.

All bids must be entered in the Vendor Self Service (VSS).

All bids must have a bid price (Unit Price). The price must be filled in using numbers and a decimal point only. Cost per Season

Example: If you bid is for one dollar you would enter 1.00

If you have any details you want us to know about your bid or the item you are bidding write them in the Comments section.

Snow Plowing Services

This bid opportunity will be evaluated on combined five year bid amount. The award will be made to the lowest bidder that furnished all required documents and information listed below.

Please enter the Cost per Season

Initial Period __________________________

First Optional Extension Period __________________________

Second Optional Extension Period __________________________

Third Optional Extension Period __________________________

Fourth Optional Extension Period _______________________________

Required Documents and Information

Bidders must provide the following documents and information to be considered:

· Appendix A: Bid Cover Page and Debarment Form

· List of Required Equipment including back-up equipment covered in Appendix B. List must minimally be equivalent to the list in Appendix B.

· Prove that operators have minimally class B licenses

· General Liability – A minimum of $1,000,000

· Business Auto Policy – Minimum level of coverage of 500k with snow plowing coverage

Appendix D

SUBCONTRACTOR & DISASTER RECOVERY PLAN

Snowplowing Services

Subcontractors: Subcontractors hired for this contract are subject to all the terms and conditions of the prime contract and must supply Certificates of Insurance to the State in the same amount as the prime contractor. No more than 15% of the work under this contract may be performed by subcontractors and the State reserves the right to remove any unsuitable subcontractor.

Will your company use subcontractors for contractually obligated tasks covered by this bid?

NO _______________ YES _______________

The following tasks will be performed by Subcontractors:

Task Subcontractor

Disaster Recovery Plan: Each bidding Contractor is required to submit a plan of action with their bid describing how their company will handle the contracted services if an emergency situation occurs where your company has a reduction in work force. These plans will not be evaluated but will become part of the awarded contract. Bids received without them may be rejected.

APPENDIX E

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