PMC_RFP_Instructions _Amended.docx

STATE OF MICHIGAN

Department of Transportation

Concrete Pavement Joint Repairs I-69 Calhoun/Eaton County

RFP 190000003141

Solicitation Manager Name: Laura Dotson Telephone Number: 517-335-5840 E-Mail Address: DotsonL2@michigan.gov

September 9 2019

Pre-Proposal Meeting n/a

Anticipated Date State will Post Answers to Bidder Questions

September 11, 2019

*A proposal received at 12::01 p.m. EST is considered late.

The information in this document is subject to change. Check www.buy4michigan.com for the current information.

A vendor, or an employee of a vendor that participated in the development of any component of the solicitation, or will participate in the evaluation of the proposals will not be eligible to receive an award, or perform work as a subcontractor for the awarded vendor.

Request For Proposal No. 190000003141

PROPOSAL INSTRUCTIONS

RFP Structure and List of RFP Documentation

1. CONTACT INFORMATION FOR THE STATE. The sole point of contact concerning this Request for Proposal (RFP) is:

Laura Dotson 517-335-5840 DotsonL2@michigan.gov

CONTACTING ANY OTHER STATE PERSONNEL, AGENT, CONSULTANT OR REPRESENTATIVE MAY RESULT IN DISQUALIFICATION.

2. QUESTIONS. Questions concerning the RFP must be posted on www.buy4michigan.com no later than the time and date specified on the cover page of this document. In the interest of transparency, only written questions will be accepted. Answers to questions will be posted on www.buy4michigan.com.

Bidders should submit their questions using the following format:

3. MODIFICATIONS TO RFP PRIOR TO PROPOSAL DEADLINE SUBMISSION DATE. The State may modify the RFP at any time prior to the deadline submission date. Changes will be posted on www.buy4michigan.com. This is the only method by which the RFP may be modified. The posted changes revise the original RFP.

4. RESPONSE PREPARATION. Bidders must follow these Proposal Instructions and provide a complete response to Schedule B, Pricing and MDOT Form 6100. Uniform Resource Locator (URL) links to information will not be considered for evaluation. Bidder should include its company name in the header of all response documents.

5. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.buy4michigan.com. The price proposal should be saved separately from all other proposal documents. The bidder should provide the documents in a modifiable form (e.g., Microsoft Word or Excel), but has the option to also provide copies of any documents in a non-modifiable form (e.g., PDF). Bidder’s failure to submit a proposal as required may result in disqualification of such proposal. The proposal and attachments must be fully uploaded and submitted prior to the due date identified above. Do not wait until the last minute to submit the bid, as the buy4michigan system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The buy4michigan system will not allow a proposal to be submitted after the due date and time identified above.

Questions on how to submit information or how to navigate in the buy4michigan system can be answered by calling (517) 373-4111 or (888) 734-9749.

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

· MDOT Prequalified in Ba Concrete Pavement Repair

Only those proposals that meet the mandatory minimum requirements will be considered for evaluation.

7. EVALUATION PROCESS. If all mandatory requirements are met, the Contract will be awarded to the bidder who meets the specifications as determined by the State, and offers the lowest price to the State.

The price proposal evaluation includes consideration of a qualified service-disabled veteran preference. Information related to qualified service-disabled veteran preference is located at http://michigan.gov/micontractconnect/0,4541,7-225-48677-123519--,00.html.

The State strongly encourages strict adherence to the Standard Contract Terms. The State reserves the right to deem a bid non-responsive for failure to honor the Standard Contract Terms. Nevertheless, the bidder may submit proposed changes (bidder must use track changes to identify specific proposed changes) to the Standard Contract Terms accompanied by a detailed explanation as to each change for State consideration; failure to do so will constitute the bidder’s acceptance of the Standard Contract Terms. General statements, such as that the bidder reserves the right to negotiate the terms and conditions, may also be considered non-responsive.

8. NOTICE OF DEFICIENCY. If the State determines, after the deadline to submit proposals, that there is an area of the RFP that was deficient, unclear or conflicting, the State may issue a request (“Notice of Deficiency”) to bidders. Failure to respond to a Notice of Deficiency may be cause for disqualification.

9. CLARIFICATION REQUEST. If the State determines, after the deadline to submit proposals, that a bidder’s proposal is not clear, the State reserves the right to issue a request (“Clarification Request”) to a bidder to clarify its proposal. Failure to respond to a Clarification Request may be cause for disqualification.

10. RESERVATIONS. The State reserves the right to:

a. 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.

b. Consider late proposals: (i) if no other proposals are received; (ii) if there are no complete proposals received; (iii) if the State received complete proposals, but they did not pass the Evaluation Process; or, (iv) if the award process fails to result in an award.

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

d. Disqualify a proposal based on the information provided or the failure to complete the vendor registration questions on the buy4michigan registration, or if it is determined that a bidder purposely or willfully submitted false information in response to the RFP.

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

11. AWARD RECOMMENDATION. The award of a State contract will be made to the responsive and responsible bidder who offers the lowest price to the State of Michigan. . The State will post the award (“Notice of Recommendation”) on www.buy4michigan.com.

12. STATE ADMINISTRATIVE BOARD. The State Administrative Board must approve all contracts in excess of $500,000. The decision of the State Administrative Board is final; however, approval does not constitute a contract. The award process is not complete until the awarded Contractor receives a properly executed contract.

13. Reserved.

14. GENERAL PROPOSAL CONDITIONS. The State will not be liable for any costs incurred by bidders in preparation of its proposal, delivery of a proposal, and any follow-up discussions with the State. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with the provisions of its proposal, including the Standard Contract Terms, and that the 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 all or any part of the proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete understanding of the State’s environment, or contain all matters upon which an agreement must be reached.

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.

a. 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.

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

ii. 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.

CONFIDENTIAL TREATMENT FORM (CT FORM)

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT 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 Section 16 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 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 the proposal is not requested.

[Printed Name] [Title] [Company]

Section 2. Confidential Treatment Is Requested

The 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 whether the material is a trade secret (TS), financial information (FI), or proprietary information (PI); (2) explains the specific legal grounds that support treatment of the material as TS, FI, or PI; and (3) provides the contact information for the person at bidder’s organization authorized to respond to inquiries by the State concerning the material. Bidders must not simply cite to an applicable act or case name; rather, bidders must provide a complete justification as to how the material falls within the scope of an applicable act or relevant case law.

CONFIDENTIAL TREATMENT FORM (CT FORM)

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

[Printed Name] [Title] [Company] image2.jpeg