professional-services-combined-rfp-solicitation-documents.docx

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Attached to
FRD Planting Oversight
Solicitation number
RFP - 751 - 230000000711
Issued by
Otsego County, Michigan

About this file

This document is a Request for Proposal (RFP) from the Michigan Department of Natural Resources (DNR) for Planting Oversight and Logistics. The DNR is seeking a contractor to oversee multiple planting crews, conduct quality control/quality assurance (QC/QA) auditing, and provide summary reports on the planting work. The contractor will coordinate the planting of approximately 6 million tree seedlings annually, which are planted by crews provided by a separate reforestation contractor. The RFP includes details on the scope of work, quality survey requirements, delivery coordination, acceptance criteria, staffing needs, and reporting requirements. Proposals are due by 9:30 AM Eastern on January 23, 2023, and the anticipated contract start date is February 27, 2023. The contract term is 5 years, with the possibility of 5 additional 1-year renewals.

The RFP provides detailed pricing requirements for various planting activities, including initial planting in trenches, unfurrowed initial planting, supplemental planting, Kirtland's warbler habitat planting, hardwood seedling planting, and sapling planting. Contractors must submit all-inclusive pricing, and the State reserves the right to negotiate price changes based on changes in actual contractor costs. The contract will be awarded to the responsive and responsible bidder with the lowest price.

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Michigan.gov/MiProcurement proposal instructions Department of Natural Resources Planting Oversight and Logistics Request for Proposal No. 230000000711 Solicitation Manager Name: Kip Conley Direct Phone:517-388-5956 Email: conleyk1@michigan.gov

This is a Request for Proposal (RFP) for:

Planting Oversight and Logistics

RFP Timeline

Event
Time
Date
RFP issue date
N/A
Tuesday, January 3, 2023
Deadline for bidders to submit questions about this RFP
3:00 p.m. Eastern
Tuesday, January 10, 2023
Anticipated date the State will post answers to bidder questions on www.michigan.gov/SIGMAVSS
4:00 p.m. Eastern
Thursday, January 12, 2023
Proposal deadline*
9:30 a.m. Eastern
Monday, January 23, 2023
Anticipated contract begin date
N/A
Monday, February 27, 2023

*A bidder’s proposal received at 9:30:01 a.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 emailed to the Solicitation Manager 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 on a PASS/FAIL basis based on the following criteria:

Criteria
PASS/FAIL
1
Schedule A Section 1
2
Schedule A Section 2
3
Schedule A Section 3
4
Schedule A Section 4
5
Schedule A Section 5
6
Schedule A Section 6
7
Schedule A Section 7
8
Schedule A Section 8
9
Schedule A Section 9
10
Vendor Question Worksheet and Experience

The State may utilize all bidder information to determine fair market value for goods or services sought. 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 who receives a PASS for each criterion and has the lowest price.

The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS or in the manner that the solicitation was originally published.

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 gyorkosl@michigan.gov no later than 9:30 a.m., 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 DTMB - Programs and Policies (michigan.gov) under the “Bidder Protests” 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.”

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.

RFP Number

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.

RFP Number

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. 230000000711 Planting Oversight and Logistics 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 Department of Natural Resources (DNR) has an established contract with a reforestation contractor to hand plant approximately 6 million tree seedlings annually. The reforestation contractor furnishes crews of planters to plant tree seedlings and provides foremen who directly oversee the work crews. In the past, the reforestation contractor used two to three crews for most of the planting season however, in more recent years five crews are common to be used simultaneously to complete this work.

SCOPE

The Contractor will oversee multiple planting crews, conduct quality control/quality assurance (QC/QA) auditing on work performed by the planting crews, and work with the foremen of each crew to correct deficiencies. The Contractor will provide summary reports to the DNR on the planting work, QC/QA checks, and status updates as the work progresses in each planting season. The Contractor will work with DNR representatives from each District to coordinate work scheduling, delivery of seedlings, and identification of planting sites and access routes.

Planting oversight work will be performed during the spring planting season, which commonly occurs from April 15 to May 15. Two-thirds of the annual volume is planted in the lower peninsula.

Forestry plantings of red pine and jack pine are generally 25 to 150 acres in size. Trees are normally planted at spacing equivalent to 680 to 908 seedlings per acre. The majority of these sites are sprayed and trenched, but the DNR is increasing the proportion of unfurrowed plantings that also receive an herbicide treatment prior to planting.

Planting work may also be performed for Kirtland’s warbler (KW) habitat. KW sites are generally 200 to 500 acres in size. Jack pine seedlings are normally planted at 5 foot spacing within trenches that are 6 feet apart while following an opposing wave pattern. The wave pattern leaves 25% of each site not planted resulting in a total trees per acre of 1089.

The DNR is also building a hardwood planting program. The hardwood seedlings are planted in gaps or small stands with browse protections tubes. It is the Contractors responsibility to ensure that the tube is installed properly. Hardwood seedling volume is only 20,000 to 60,000 seedlings annually. A sapling program is also being developed. These trees will usually be planted on the edge of a larger planting. Volume will begin around 500 and reach 10,000 annually by 2025.

1. Requirements

1.1. General Requirements

The Contractor will be expected to:

· Oversee the seedling planting program for the DNR.

· Establish check plots (both ongoing and stratified) to ensure that quality specifications are met.

· Coordinate planting with the crew foremen who are under the employ of the reforestation contractor.

· Coordinate with DNR personnel regarding overall program coordination.

· Conduct pre-planting site inspections for planning and layout.

· Maintain a site-by-site log detailing how many trees were planted at each site, as well as the number of tree bags used. Updates of this log will be sent to DNR representatives on a weekly basis while planting is occurring.

· Prepare all necessary post-planting forms, maps and a formal annual report.

· Monitor refrigerated vans for fuel or other maintenance needs

· Move trees to planting sites as needed.

· Organize boxes for recycling or disposal. The DNR will provide locations, but contractor will facilitate transport from the planting sites to those locations.

· Be prepared to work long days. Planting crews frequently work 10-to-12-hour days, six or seven days a week. The Contractor will be expected to be on-site for the duration while trees are being planted.

· Oversee several different planting crews simultaneously. The Contractor will be expected to provide planting oversight for ALL the planting crews used by the reforestation contractor. The Contractor must provide a minimum of one overseer per crew, unless approved by the DNR representative.

· Conduct on-going and stratified checks behind individual planters and for planting crews upon completion of each site as specified.

· The Contractor must attend any meetings that the DNR deems necessary and/or appropriate.

☐
I have reviewed the above requirement and agree with no exception.
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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. Supplies and Seedling Transportation

The Contractor will supply:

· Labor

· Transportation

· Staff

· Hand-held GPS units

· Measuring rope

· Shovel

· Any and all miscellaneous items needed to carry out the provisions of this contract The DNR will supply:

· Representatives to answer questions and help resolve problems

· Maps and shapefiles of each planting area

· Field tally sheets for quality check plots

· Tree seedlings and refrigerated vans

· Maintenance and fuel for refrigerated vans Seedling Transportation:

The contractor will be responsible for assuring the seedlings are transported from the cold storage facility in Grayling (for LP) and strategically located reefer trailers (for UP) to the planting sites in the field. The planting crews usually pull trailers that can be used to transport seedlings, but this may not always be the case. The reefer locations will be mutually agreed upon between the Contractor and the DNR. Seedlings must be transported in enclosed trailers.

☐
I have reviewed the above requirement and agree with no exception.
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I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

1.3. Quality Surveys

To ensure tree planting is done according to DNR specifications, quality checks must be performed in the field. Two types of quality checks are required for this Contract. Ongoing quality checks monitor planting quality while its occurring. These checks are used to instigate corrective actions as needed. Data will be collected on stratified quality check plots that are established following planting. The stratified quality check plots will be used to document quality planting or evidence necessary for collection of damages.

Ongoing quality checks procedure:

The Contractor shall follow directly behind the planting crew assessing that specifications are being met and corrected when necessary. No specific number of plots is required, but it is necessary that the Contractor has staff conducting ongoing checks at all times while the crew is planting. The field techniques for monitoring can be determined by the Contractor, however, the metrics must assess seedling spacing, planting depth, stem angle, firmness and J/L-rooting. These measurements must be sent with the weekly data.

· If problems with planting quality are found, the Contractor will accelerate sampling, notify the planting crew foreman (in the employ of the reforestation contractor) of these problems, and see that corrective measures are taken with individual planters and/or the entire crew.

· Seedling spacing – if tree spacing deviates more than six (6) inches from the in-furrow spacing goal for ten consecutive trees measured, corrective actions must be taken.

· Planting depth – if more than 20% of the measured trees are found to be planted outside the “allowable depth zone” as defined by DNR staff, corrective actions must be taken.

· Stem angle – if more than 20% of the measured trees are found with stem angles that exceed a 30-degree angle from true vertical, corrective actions must be taken.

· Firmness – if more than 10% of the measured trees are found to be too loose in the ground, corrective action must be taken.

· J-Rooting or L-Rooting – when a J/L-rooted seedling is detected, the Contractor must immediately check two more seedlings in the same furrow to confirm that J/L-rooting is a problem. If a second J/L-root is discovered, the Contractor must take corrective action with the planter and the planting crew foreman as described below.

· If unacceptable work by a planter is detected, the Contractor must continue monitoring the same planter(s) until the problem is corrected.

· Corrective actions will be summarized and provided to DNR staff via email with the weekly data.

· The Contractor is also responsible for monitoring planters hiding seedlings during the planting process or when leaving the trailer.

· If problems persist with any planter(s), the Contractor shall notify the appropriate DNR personnel.

Stratified:

The Contractor shall pre-stratify and install (1/100th acre circular plots) across the planted area at 1 plot per 2 acres for sites less than 80 acres and 1 plot per 4 acres for sites greater than 80 acres. These plots will be flagged and numbered on the planting site corresponding with the plot numbers on the planting map. These plots can be installed as planters progress across each site if enough staff are on-site to continue with ongoing monitoring at the same time. These plots can also be installed up to one week following planting such that data is submitted in the weekly report. The purpose of these plots is to document that the ongoing monitoring and corrective actions were successful. These plots are not meant to instigate corrective actions, but instead document successful completion and/or the need to assess monetary damages.

· The following criteria will be used to evaluate the adherence to specifications and report planting quality at a per acre basis:

· Stocking – (seedlings/ac)-if the number of seedlings deviates by more than 10% from the prescribed density for the site, liquidated damages may be assessed to the planting contractor.

· Planting depth – (number of seedlings/ac planted outside the “allowable depth zone”)-if more than 20% of the measured trees are found to be planted outside the criteria established, liquidated damages may be assessed to the planting contractor.

· Stem angle – (number of seedlings/ac planted exceeding a 30-degree angle)-if more than 20% of the measured trees are found with stem angles exceeding the criteria, liquidated damages may be assessed to the planting contractor.

· Firmness – (number of seedlings/ac that can be lifted out of the ground with two fingers)-if more than 10% of the measured trees are found to be too loose, liquidated damages may be assessed to the planting contractor.

· J-Rooting and L-Rooting – (number of J/L-rooted seedlings/ac)-the closest seedling to plot center will be inspected for J/L-rooting. If more than 20% of the seedlings are found to be J/L-rooted, liquidated damages may be assessed to the planting contractor.

· Other data: number of furrows intersecting each plot will also be collected.

Corrective Actions:

Corrective actions may include partial or entire excavating and planting of the same seedlings. If a corrective action planting of an FTP is deemed necessary by the Contractor, the DNR designee must be contacted for approval. The Contractor is responsible for preventing this occurrence by following the ongoing monitoring procedures and correcting issues immediately following their occurrence.

☐
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. Delivery

2.1. Coordinating Deliver of Seedlings to Planting Sites

The Contractor will coordinate with area DNR representative(s) the transportation of tree seedlings to planting sites from the distribution point. The Contractor is responsible for ensuring that appropriate number of seedlings that are loaded and transported to the field based on the site and weather conditions. The Contractor must also ensure that seedlings are protected from heat and wind during transportation and temporary storage at the field site prior to planting. The Contractor is responsible for ensuring any leftover trees are returned to cold storage at the distribution point at the end of each day’s work.

☐
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 identify its plan for delivery and delivery method(s):

3. Acceptance

3.1. Acceptance, Inspection, and Testing

The DNR will use the following criteria to determine acceptance of the Contract Activities:

· DNR staff may be on-site taking random plots while planting is in progress. This information may be utilized to take corrective actions with the oversight contractor or with the planting contractor at any time.

· The Contractor shall submit a current treatment summary on a weekly basis.

· For each planting site the DNR may establish check plots located in the same locations as the Contractor’s stratified quality check plots.

· To determine accuracy of Contractor’s data for each site or parts thereof, DNR may check 10% or more of the total number of stratified plots put in by the Contractor.

· All planted trees falling within DNR’s established check plots will be measured by DNR personnel. DNR will measure the same checks as required by the Contractor – i.e. a) tree spacing within the furrow, b) stem angle, c) firmness, d) planting depth, and e) j/l-rooting.

· Each planted tree within the check plot will be compared on a one-to-one basis to the Contractor’s measurement. The Contractor will be assigned points based on how well their measurement compares to the DNR’s measurement of the same planted tree.

· A perfect score is when the Contractor measurement of the planted tree equals the DNR tally (in this case no points would be assessed).

· The final score will be determined by taking the sum total of all points and comparing the total to the DNR tally.

· If the Contractor’s score falls within 0-25%, the Contractor’s measurements will be considered accurate.

· If the Contractor’s score is greater than 25%, the tally would be considered inaccurate and the Contractor must re-check all final quality check plots.

· After the Contractor has re-checked all of their plots, the DNR will establish another set of check points (different than the original) equal to 5% of the total number of final quality check plots. The DNR will again measure all planted trees within the check plots and compare to the Contractor’s measurements.

· If the Contractor’s score then falls within 25%, the Contractor’s measurements will be considered accurate.

· If the Contractor’s score is again greater than 25%, measurements will still be considered inaccurate and the process will be repeated a third and final time.

· If at the end of the third re-measurement the Contractor’s score is still greater than 25%, liquidated damages will be assessed equal to 20% of the total payment for the treatment area checked and at the option of the DNR the Contract may be terminated.

· Random plots may also be installed by DNR staff. If DNR measurements indicate that errors exceed the acceptable thresholds then the DNR may install a stratified survey at the same density installed by the Contractor. If this survey documents errors in measurement by more than 10%, then damages may be assessed, which could include partial or full revocation of payment by treatment.

☐
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. Decertification Process

POSSIBLE DECERTIFICATION OF FIRST LINE SUPERVISORS OR ON-SITE WORKERS

· In the event that the DNR Project Manager is dissatisfied with the quality of the work provided by the Contractor’s first line supervisor or on-site worker, the DNR Project Manager shall meet with the Contractor to explain the reasons for dissatisfaction and advise appropriate improvements. The DNR Project Manager shall accompany the Contractor’s first line supervisor or on-site worker in the field as reasonably necessary or as time permits to direct corrective action.

· If the DNR Project Manager remains dissatisfied with work performance and feels further time in the field with the Contractor’s first line supervisor or on-site worker would be unproductive, a performance review will be called for the purpose of determining whether the supervisor/worker should be removed.

· The performance review will be conducted by the DNR Project Manager, a DNR forester, the Contractor, and a forester of the Contractor’s choice. The Contractor’s forester must hold a bachelor’s degree in forestry or better and must not be employed by the Contractor.

· If at the completion of the review, the DNR finds the Contractor has not complied with the DNR’s instructions, the Contractor’s first line supervisor and/or on-site field worker may be decertified. The decision for decertification will be made solely by the DNR forester, in consultation with the DNR Project Manager after hearing and carefully weighing the case presented by both sides. Decertification will result in the immediate termination of all work by the decertified first line supervisor and/or on-site field worker.

☐
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):

3.3. Final Acceptance

Contract Activities are subject to inspection and testing by the State within 30 calendar days of the State’s receipt of them (“State Review Period”), unless otherwise provided in a Statement of Work. If the Contract Activities are not fully accepted by the State, the State will notify Contractor by the end of the State Review Period that either: (a) the Contract Activities are accepted but noted deficiencies must be corrected; or (b) the Contract Activities are rejected.

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