Liq pilot_commodities-and-non-professional-services-combined-rfp-solicitation-documents_sept 2022 10102022.docx

DOCX document 164 KB Posted

Attached to
RFP for Liquid Route Pilot Project
Solicitation number
RFP - 591 - 230000000049
Issued by
Eaton County, Isabella County, Mount Pleasant City, Michigan

About this file

This is a Request for Proposal (RFP) from the Michigan Department of Transportation (MDOT) seeking multiple vendor contracts to provide liquid chloride deicers with agricultural byproducts (ABP) and liquid chloride brine, along with liquid storage tank rental, for use on direct liquid application pilot routes in Mount Pleasant and Grand Ledge. The purpose of the pilot is to evaluate the effectiveness of applying liquid deicers, including deicers with ABP, in lieu of rock salt on snow routes. The pilot will continue through the 2024/2025 winter maintenance season. MDOT is seeking up to 400,000 gallons of liquid deicer per season between the two pilot locations. The RFP has a proposal deadline of October 25, 2022 and an anticipated contract start date of December 6, 2022.

The RFP includes detailed product specifications for the liquid chloride deicers with ABP and liquid chloride brine, as well as requirements for monthly storage tank rental. Pricing is requested on a per-gallon basis for the deicer products and a monthly fee for the storage tank rental, including any delivery/pickup fees. The State reserves the right to make multiple contract awards. Contractors must be able to comply with all insurance, staffing, delivery, reporting, and other requirements outlined in the RFP.

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Michigan.gov/MiProcurement proposal instructions Department of Transportation Procurement Liquid Deicer with Agricultural Byproduct (ABP) & Liquid Chloride Brine for Pilot Project Request for Proposal No. 230000000049 Solicitation Manager Name: Anna Swanson Direct Phone: 517-230-2063 Email: swansona1@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Proposal (RFP) for:

Multiple contracts will be sought to provide liquid chloride deicers with ABP and liquid chloride brine, along with liquid storage tank rental at MDOT pilot locations (Mount Pleasant and Grand Ledge garages).

RFP Timeline

Event
Time
Date
RFP issue date
N/A
Monday, October 10, 2022
Deadline for bidders to submit questions about this RFP
3:00 p.m. Eastern
Monday, October 17, 2022
Anticipated date the State will post answers to bidder questions on www.michigan.gov/SIGMAVSS
5:00 p.m. Eastern
Wednesday, October 19, 2022
Proposal deadline*
3:00 p.m. Eastern
Tuesday, October 25, 2022
Anticipated contract begin date
N/A
Tuesday, December 6, 2022

*A bidder’s proposal received at 3:00:01 p.m. Eastern is late and subject to disqualification.

This RFP is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name in the header of all documents submitted with your proposal. Note that all documents and information submitted as part of a proposal will become public record immediately upon receipt by the State. Proposals received by the State may be posted on the State’s publicly available website after bidders are notified of the award recommendation.

RFP Structure and Documentation

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
Confidential Treatment Form
Required verification on whether bidder’s proposal contains confidential information
Bidder to complete and submit by proposal deadline
Vendor Questions Worksheet
Questions to bidders on background and experience
Bidder to complete and submit by proposal deadline
Schedule A – Statement of Work
Statement of work
Bidder to complete and submit by proposal deadline
Schedule B – Pricing
Pricing for goods and services sought by the State through this RFP
Bidder to complete and submit by proposal deadline
Contract Terms
Provides legal terms for a contract awarded through this RFP
Deemed accepted by bidder unless information required in the Evaluation Process section of this document 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. MODIFICATIONS. The State may modify this RFP at any time. Modifications will be posted on www.michigan.gov/SIGMAVSS. This is the only method by which the RFP may be modified.

4. QUESTIONS. Bidder questions about this RFP must be posted on www.michigan.gov/SIGMAVSS 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 and Section
Page #
Bidder Question

5. 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. Attachment file size is limited to 6 MB per document. 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 solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder. Note that all documents and information submitted in any manner as part of a proposal will become public record immediately upon receipt by the State. Proposals received may be posted by the State on the State’s publicly available website after bidders are notified of the award recommendation.

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

Criteria
Pass/Fail
1.
Confidential Treatment Form is complete and signed
2.
Vendor Questions are complete
3.
Schedule A is complete
4.
Schedule B is complete
5
Agreement with Standard Contract Terms

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. Failure to respond timely to requests for proposed changes to Contract Terms during ongoing negotiations may be cause for disqualification.

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

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

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

9. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

j. 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 the Evaluation Process section of this document if the State receives only one proposal.

10. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder(s) who receives a PASS for each criterion and has the lowest price.

The State will post an Award Recommendation and Evaluation Synopsis by posting a Notice of Intent to Award (NIA1) on www.michigan.gov/SIGMAVSS.

11. DEBRIEF MEETING AND BID PROTEST. The State will post an Award Recommendation and Evaluation Synopsis which will provide instructions on how to request a debrief meeting.

If you wish to initiate a protest of the award, you must submit your written protest to Carol Rademacher at RademacherC@michigan.gov no later than 3:00 p.m., three (3) business days after posting the Award Recommendation and Evaluation Synopsis. The State reserves the right to adjust this timing and will publish any change.

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

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

13. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of [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. The bidder understands that their proposal will become public record immediately upon receipt by the State. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

14. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. As a public record, all portions of the bidder’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, the State may exempt some information from disclosure as permitted by law. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a bidder’s proposal is exempt from disclosure under FOIA. A bidder’s failure to comply with this Section is grounds for rejecting a bidder’s proposal as non-responsive. As a part of its proposal, each bidder must follow the procedure below.

SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form instructions, the proposal may be publicly disclosed in its entirety without redaction after an award recommendation.

Complete and sign Section 1 of the CT Form if the bidder does NOT request confidential treatment of information contained in its proposal; or

i. Complete and sign Section 2 of the CT Form if the bidder requests confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

ii. Failure to complete and sign a CT Form may result in disqualification of the bidder. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow the CT Form instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation.

b. FOIA REQUESTS. If a FOIA request is made for a bidder’s proposal, the Public Copy may be distributed to the public along with the bidder’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

c. NO ADVICE. The State will not advise a bidder as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

d. FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

e. Bids containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Bidders may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL 18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

f. Bidder forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of bidder’s proposal submitted under this RFP. Bidder must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of bidder’s proposal submitted under this RFP that bidder has identified as a trade secret, or financial or proprietary information. The State will notify bidder in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense, or any portion thereof, if the State deems necessary. Bidder will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

confidential treatment form INSTRUCTIONS. Bidder must complete either Section 1 or Section 2 of this CT Form and sign where indicated. Do not complete both sections. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information.

Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form Instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation. See the Confidential Treatment Form and The Freedom of Information Act (FOIA) sections of the Proposal Instructions for additional information.

Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED This section must be completed, signed, and submitted with the proposal if the bidder does not request confidential treatment of any material contained in the proposal. If this section is completed, do not complete Section 2. CONFIDENTIAL TREATMENT IS REQUESTED.

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

230000000049 RFP Number

Liquid Deicer with Agricultural Byproduct (ABP) & Liquid Chloride Brine for Pilot Project

RFP Title

Signature

Date

Printed Name, Title, Company

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment. If this section is completed, do not complete Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary.

The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) identifies the Proposal Page #, Section #, and Paragraph #, (2) identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), and (3) explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name. Bidders must also provide the contact information for the person at their organization authorized to respond to inquiries by the State concerning the material.

Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy”.

(1) Proposal Page #, Section #, Paragraph # (2) Material is Trade Secret (TS), Proprietary Financial Information (FI), Proprietary Information (PI) (3) Applicable FOIA Exemption with Written Justification (4) Bidder Contact Information

By signing below, the bidder affirms that confidential treatment of material contained in their proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

230000000049 RFP Number

Liquid Deicer with Agricultural Byproduct (ABP) & Liquid Chloride Brine for Pilot Project

RFP Title

Signature

Date

Printed Name, Title, Company vendor questions worksheet Provide a detailed response to each question. “You” and “company” refers to the bidder.

Information Sought
Bidder Response

1. Contact Information

Bidder’s sole contact person during the RFP process. Include name, title, address, email, and phone number.

Person authorized to receive and sign a resulting contract. Include name, title, address, email, phone number and vendor customer code in SIGMA VSS.

2. Company Background Information

Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number.

Website address.

Number of years in business.

Number of employees.

Legal business name and address of parent company, if any.

Has there been a recent change in organizational structure (e.g., management team) or control (e.g., merger or acquisition) of your company? If the answer is yes: (a) explain why the change occurred and (b) how this change has affected your company.

Discuss your company’s history. Has growth been organic, through mergers and acquisitions, or both?

Has bidder ever been debarred, suspended, or disqualified from bidding or contracting with any entity, including the State of Michigan? If yes, provide the date, the entity, and details about the situation.

Has your company been a party to litigation against the State of Michigan? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction.

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.

State your gross annual sales for each of the last 5 years.

If receiving a contract under this RFP will increase your gross revenue by more than 25% from last year’s sales, explain how the company will scale-up to manage this increase.

Describe partnerships and strategic relationships you think will bring significant value to the State.

State the physical address of the place of business that would have primary responsibility for this account if bidder is awarded a contract under this RFP.

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). Are you a qualified disabled veteran?
Enter YES or NO.

To demonstrate qualification as a qualified disabled veteran, you must provide:

(a) Proof of service and conditions of discharge (DD214 or equivalent);

(b) Proof of service-connected disability (DD214 if the disability was documented at discharge or Veterans Administration Rating Decision Letter or equivalent if the disability was documented after discharge); and

(c) Legal documents setting forth the ownership of the business entity.

In lieu of the documentation identified above, you may provide proof of certification by the National Veterans Business Development Council.

Enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

Did your company, an employee, agent, or representative of your company, or any affiliated entity participate in developing any component of this solicitation? For purposes of this question, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly: (1) either one controls or has power to control the other or (2) a third-party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities or equipment, and common use of employees.
Enter YES or NO.

If you enter “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

If you are awarded a contract under this solicitation, in order to provide the goods or services required under a resulting contract, do you intend to partner or subcontract with a person or entity that assisted in the development of this solicitation?
Enter YES or NO.

If you enter “YES,” you are not eligible for contract award. An awarded vendor may not partner or subcontract with anyone to provide goods and services required under a resulting contract if that subcontractor or partner assisted in the development of this solicitation.

Will your company, or an employee, agent, or representative of your company, participate in the evaluation of the proposals received in response to this RFP?
Enter YES or NO.

If you enter “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

5. State of Michigan Experience and Prior 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.

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

Experience 1

Company name.

Contact name.

Contact role at time of project.

Contact phone.

Contact email.

City.

State.

Zip.

1. Project name and description of the scope of the project.

2. What role did your company play?

3. How is this project experience relevant to the subject of this RFP?

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

Experience 2

Company name.

Contact role at time of project.

City.

1. Project name and description of the scope of the project.

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

Experience 3

Company name.

Contact role at time of project.

City.

1. Project name and description of the scope of the project.

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

6. Standard Contract Terms

Bidder must affirm agreement with the attached Contract Terms. If not in agreement, written exceptions in accordance with the Evaluation Process section of the Proposal Instructions must be provided with Bidder’s proposal.

7. Michigan Economic Impact

Number of employees currently employed at locations within the State of Michigan.

Number of additional employees to be employed at locations within the State of Michigan if awarded this Contract (if any)

Minimum wage paid to employees employed at locations within the State of Michigan.

Average wage paid to employees employed at locations within the State of Michigan.

Percentage of employees employed at locations within the State of Michigan that are covered by employer-provided health insurance.

8. Labor, Antidiscrimination and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor, antidiscrimination and employment laws and regulations received within the past five years.

Bidder must disclose any violations of state or federal environmental laws and regulations received within the past five years.

9. Supplier Diversity

Does your company have a supplier diversity program or training?
Enter YES or NO.
Bidder agrees that if Bidder is awarded a contract with a dollar amount of $500,000 or greater from this RFP, Bidder shall provide a copy of their current EEO-1 demographic report provided that Bidder meets Federal requirements to file an EEO-1 report.
Enter YES or NO.

10. Other

Classification of Employees. I certify that the company has properly classified its employees in accordance with federal/state labor and employment laws.
Enter YES or NO.
Abusive Labor Practices. The Contractor certifies that it will not furnish any Deliverable that was produced fully or partially by forced labor, forced or indentured child labor, or indentured servitude.
Enter YES or NO.
Certification of Michigan Business- Public Act 431 of 1984, Sec. 268. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, filed a Michigan Business Tax Corporate Income Tax Return. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, filed a Michigan Income Tax return showing income generated in, or attributed to the State of Michigan. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, withheld Michigan Income Tax from compensation paid to the company’s owners and remitted the tax to the Michigan Department of Treasury.
Enter YES or NO.
Iran Linked Business- Public Act 517 of 2012. I certify that the Company is not an Iran-Linked business as defined by Public Act 517 of 2012.
Enter YES or NO.
Clean Corporate Citizen. I certify that the Company is a Clean Corporate Citizen as defined by the Environmental Protection Act, 1994 PA 451.
Enter YES or NO.
Convict Labor. The Contractor certifies that if using convict labor, it is complying with all applicable state and federal laws and policies.
Enter YES or NO.
SOM Debt/Tax Payment. All SOM tax/debts. I certify that all applicable State of Michigan taxes are paid, and that no outstanding debt is owed to the State of Michigan.
Enter YES or NO.
Authorization to Verify Information Provided by Vendor. I authorize the State to verify that all information provided in this registration, in bidding and contracting documents, and any attachments or supplement documents and processes are accurate.
Enter YES or NO.

11. Response to State Requests

Bidder agrees to respond, by established deadlines, to all requests from the State including but not limited to, clarification requests, notices of deficiency, and proposed changes to Contract Terms.
Enter YES or NO.

Contractor must enter company name here.

SCHEDULE A – STATEMENT OF WORK CONTRACT ACTIVITIES

Request for Proposal (RFP) No. 230000000049 Liquid Deicer with Agricultural Byproduct (ABP) & Liquid Chloride Brine for Pilot Project This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required.

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

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click one checkbox and complete the entries as identified.

BACKGROUND

The Michigan Department of Transportation (MDOT) is seeking multiple vendor contracts for two liquid chloride deicer products (one containing agricultural byproducts (ABP), and the other a brine), with tank rental, for use on direct liquid application pilot routes (Mount Pleasant and Grand Ledge). The purpose of the pilot is to evaluate the effectiveness of applying liquid deicers (including deicers with ABP), in lieu of rock salt on snow routes. Pilot is in response to state legislation and will continue through the 2024/2025 winter maintenance season.

A goal of the pilot is to is to test a variety of liquid deicing products, including multiple liquid deicers containing ABP, to determine how effective these products are for winter maintenance operations.

SCOPE

Multiple contracts will be sought to provide liquid chloride deicers with ABP and liquid chloride brine, along with liquid storage tank rental at MDOT pilot locations (Mount Pleasant and Grand Ledge garages).

Awarded contractors are not guaranteed their products will be used in a winter, or at all during the pilot term.

MDOT prefers that the Contractor provide both liquid chloride deicer with ABP and liquid chloride brine deicer which meet the specifications outlined herein. MDOT may elect to accept vendor proposals for only one of the products.

The contractor must be able to provide 120,000 gallons of approved tank storage and be capable of delivering up to 400,000 gallons of liquid deicer each winter season between the two pilot garages.

MDOT reserves the right to make multiple awards.

REQUIREMENTS

General Requirements

1.1. Product Specifications

The Contractor must provide products and services which meet the specifications identified below:

0. Liquid Chloride Deicer with ABP Specifications:

1. Description. Agricultural Byproducts (ABP) are derived from processing agricultural raw materials. ABP are typically combined with salt brines to lower the working temperature and the resulting mixture is sprayed onto roads and bridges for anti-icing or deicing use.

1. Clear Roads Qualified Products List (QPL). Bidders must provide the name of their proposed product and disclose whether the product is registered on the Clear Roads Qualified Products list (including product category): Qualified Products List | Clear Roads. Products do not have to be listed on the Clear Roads QPL for consideration. All products must meet the materials requirements herein.

1. Disclosure of Agricultural Byproduct (ABP). The Bidder must specify the ABP base in their proposed product (e.g., corn, sugar beet, etc.), and the percentage of the ABP in their product proposed.

1. Materials. All materials must meet the requirements as specified.

0. Test results from an independent laboratory must be submitted. The material tested must be of the same composition as the material submitted. Test results must show compliance with all material thresholds to be considered for award.

0. No products will be accepted that contain constituents more than the following established total concentration limits as tested in accordance with the methods listed in Table 1.

Table 1. Hazardous constituent concentration limits.

Hazardous Constituent
Maximum Concentration Limit, parts per million
Arsenic
5.0
Barium
100.0
Cadmium
0.20
Chromium
1.0
Copper
1.0
Cyanide
0.20
Lead
1.0
Mercury
0.05
Total Phosphorus
2500.0
Selenium
5.0
Zinc
10.0

0. The pH of liquid chemical products must be within the limits of 6 to 9.

0. The product must not contain greater than 1% (v/v) total settleable solids and must have 99% of the solids passing through a #10 sieve after being stored at 0°F +/- 2°F for 168 hours (test method number 11). The product must have a minimum storage life of one year without degradation or addition of stabilizers or inhibitors. The product must have a freeze point of -20°F or below.

0. The Contractor will be responsible for all clean up expenses of any product delivered and/or applied that is found to be contaminated. This includes, but is not limited to, clean up measures as needed for the following: storage facility, yard, equipment, and roadside. In addition, the Contractor will be liable, as determined by the State, for causing any unanticipated extraordinary damages to equipment used in the storage or distribution of the chemical products.

0. The State has the right to accept or reject products based upon material composition. Each product will be assessed for the potential of causing a decrease in the public safety. Acceptance or rejection of a product based on composition will be final and in the best interest of the State.

0. The anti-icing liquid must not have an offensive odor, as determined by State personnel. A mild, sweet odor, typical of anti-icing products formulated with ABP’s is not cause for rejection. However, the ABP anti-icing liquid must not burn or otherwise generate offensive odors if sprayed on a hot surface.

0. The product will be examined for the formation of solids and the ability of the chemical product to maintain a non-stratified suspension without agitation, when mixed with other types of ABP residues.

0. The following requirements below also apply to category products. An independent certified analysis showing compliance with the requirements listed below must be submitted with the bid along with an intended use statement for the product. Exceptions to the requirements must be stated and the State reserves the right to reject the product. All products submitted for consideration must fit into one of these categories.

a. Liquid Magnesium Chloride with ABP

Product must contain no less than 18% magnesium chloride by weight as MgCl2. Bid evaluations will consider only the portion that is magnesium chloride. Weight per gallon will be established according to the specific gravity and percentage of processing residue, product, and additive contained in the product bid as indicated by the Contractor.

b. Liquid Calcium Chloride with ABP

Product must contain no less than 18% calcium chloride by weight as CaCl2. Bid evaluations will consider only the portion that is calcium chloride. Weight per gallon will be established according to the specific gravity and percentage of processing residue, product, and additive contained in the product bid as indicated by the Contractor.

c. Liquid Calcium/Magnesium/Sodium Chloride with ABP Product must contain no less than 18% total sodium chloride, calcium chloride, and magnesium chloride by weight as NaCl2 CaCl2 and MgCl2. Bid evaluations will consider only the portion that is sodium chloride, calcium chloride, and magnesium chloride. The concentration of each of these chlorides must remain consistent in the product throughout the contract period. Weight per gallon will be established according to the specific gravity and percentage of processing residue, product, and additive contained in the product bid as indicated by the Contractor.

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must indicate the Product Name, and disclose if it is included on the Clear Roads QPL (including product category):

Bidder must indicate the ABP used in their product and the ABP percentage in their product:

Bidder must attach the third-party independent lab testing results as a separate attachment labeled – ABP Lab Testing Results.

0. Liquid Chloride Brine Deicer Specifications:

1. Description. Liquid chloride brine deicer is derived from natural occurring chlorides in mineral wells and/or dissolving rock salt or other soluble chlorides into solution and is sprayed onto roads and bridges for anti-icing or deicing use.

1. Clear Roads Qualified Products List (QPL). Bidders must provide the name of their proposed product and disclose whether the product is registered on the Clear Roads Qualified Products list (including product category): Qualified Products List | Clear Roads. Products do not have to be listed on the Clear Roads QPL for consideration. All products must meet the materials requirements herein.

1. Materials. All materials must meet the requirements as specified.

2. Test results from an independent laboratory must be submitted. The material tested must be of the same composition as the material submitted. Test results must show compliance with all material thresholds to be considered for award.

2. No products will be accepted that contain constituents more than the following established total concentration limits as tested in accordance with the methods listed in Table 1.

Table 2. Hazardous constituent concentration limits.

Hazardous Constituent
Maximum Concentration Limit, parts per million

Arsenic

5.0

Barium
100.0
Cadmium
0.20
Chromium
1.0
Copper
1.0
Cyanide
0.20
Lead
1.0
Mercury
0.05
Total Phosphorus
2500.0
Selenium
5.0
Zinc
10.0

2. The freezing point of the salt brine solution must not be above -1°F.

2. The ph range of the brine solution must be within the limits of 6 to 9.

2. The State has the right to accept or reject products based upon material composition. Each product will be assessed for the potential of causing a decrease in the public safety. Acceptance or rejection of a product based on composition will be final and in the best interest of the State.

2. The product will be examined for the formation of solids and the ability of the chemical product to maintain a non-stratified suspension without agitation, when mixed with other liquid deicers.

2. The following requirements below also apply to category products. An independent certified analysis showing compliance with the requirements listed below must be submitted with the bid along with an intended use statement for the product. Exceptions to the requirements must be stated and the State reserves the right to reject the product. All products submitted for consideration must fit into one of these categories.

a. Liquid Magnesium Chloride

Product must contain no less than 18% magnesium chloride by weight as MgCl2. Bid evaluations will consider only the portion that is magnesium chloride. Weight per gallon will be established according to the specific gravity and percentage of processing residue, product, and additive contained in the product bid as indicated by the Contractor.

b. Liquid Calcium Chloride

Product must contain no less than 18% calcium chloride by weight as CaCl2. Bid evaluations will consider only the portion that is calcium chloride. Weight per gallon will be established according to the specific gravity and percentage of processing residue, product, and additive contained in the product bid as indicated by the Contractor.

c. Liquid Calcium/Magnesium/Sodium Chloride Product must contain no less than 18% total sodium chloride, calcium chloride, and magnesium chloride by weight as NaCl2 CaCl2 and MgCl2. Bid evaluations will consider only the portion that is sodium chloride, calcium chloride, and magnesium chloride. The concentration of each of these chlorides must remain consistent in the product throughout the contract period. Weight per gallon will be established according to the specific gravity and percentage of processing residue, product, and additive contained in the product bid as indicated by the Contractor.

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must indicate the Product Name, and disclose if it is included on the Clear Roads QPL (including product category):

Bidder must attach the third-party independent lab testing results as a separate attachment labeled – ABP Lab Testing Results.

0. Monthly Storage Tank Rental

1. The Contractor to provide:

0. Up to two 20k gallon, enclosed, rental storage tanks for each product ordered at a site. Price must be broken down to reflect monthly rental fee, tank delivery fee/pickup fee.

Tank rental is only needed in the winter months (October-April) and can be picked up at the end of the season. Tank pick up may be scheduled in coordination between the facility and Contractor.

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

1.2. Quality Assurance Program

Explain your Quality Assurance Program(s). The State reserves the right to sample the product at any time for testing. The State requires testing results from the supplier and a third-party independent lab.

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

2. Service Levels

2.1. Delivery and Time Frames

Delivery will be expected between the hours of 7:00am and 2:30pm EST Monday through Friday at the timeframes below, unless otherwise approved by the ordering location.

Orders placed between October through April must be delivered within three (3) calendar days from receipt of order.

Orders placed between May through September must be delivered within 15 calendar days from receipt of order.

The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

Delivery will be made at:

MDOT Mount Pleasant Garage 1212 Corporate Drive Mt. Pleasant, MI 48858

And/or

MDOT Grand Ledge Garage 731 N. Canal Rd.

Lansing, MI 48917

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

2.2. Minimum Order

MDOT’s requested minimum order is 9000 gallons.

The Contractor must specify if it can accept a lower minimum order requirement.

The Contractor must explain any additional charges (i.e., handling fees) on orders less than the State's requested minimum order or less than the Contractor's minimum order requirement.

I have reviewed the above requirement and cannot accept a lower minimum order requirement than the MDOT's requested minimum order of 9000 gallons.

I have reviewed the above requirement and can accept a lower minimum order requirement.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

If the Bidder can accept a lower minimum order requirement, identify the Bidder’s minimum order requirement below:

1. Deicer with ABP specifications:

1. Deicer with brine specifications:

The Bidder must describe any additional charges on orders less than the State’s minimum order requirement if the Bidder will accept orders lower than the minimum order requirement:

2.3. Training

The Contractor must provide the following training:

For all products ordered, the Contractor must provide training and support on the proper use of their product. This includes but not limited to the unloading and loading, storage requirements, handling, field testing (if any), proper application (quantity, rate, weather conditions, and temperatures to be used at).

MDOT will schedule and determine location of training as needed.

Training will be at no cost to MDOT.

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

2.4. Reporting

The Contractor must submit to the Program Manager a summary of deliveries every month which includes quantities for each location and the quantity accumulation for testing purposes, or as agreed between the Contractor and Program Manager.

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

The Contractor must explain any reporting that is included in its proposal and any additional reporting capabilities:

2.5. Meetings

The Contractor must attend any meetings as requested and deemed appropriate by the MDOT Program Manager.

In the event the Contractor has issues, the MDOT Program Manager or designee will meet with the vendor within three days of request.

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

3. Staffing

3.1. Contractor Representative

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

The Contractor must notify the Contract Administrator at least seven (7) calendar days before removing or assigning a new Contractor Representative.

Contractor Representative Contact Information:

Name

Title

Office Phone

Mobile Phone

Email Address

I have reviewed the above requirement and agree with no exception.

I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

3.2. Customer Service Toll-Free Number

The Contractor must specify its Call Center/Contact telephone number for the State to contact for technical support.

A Contractor Representative must be available for calls during the hours of 7am to 5pm EST…

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