Re-Solicitation190000003102 Insturctions_Vendor Questions_Schedule A_Schedule B_Standard Terms.docx

STATE OF MICHIGAN

Department of Transportation Contract Services Division

Medium Duty Truck and Mounted Auger Drill Unit

Re-Solicitation:

Original RFP: 190000003002

Solicitation Contact: Klatra Pickett Email: pickettk1@michigan.gov

Solicitation number 19*3002, is being re-solicited due to the SIGMA outage on 8/26 and 8/27 which prevented bidder responses from uploading. The bid responses are due on Friday, August 30, 2019, 3:00 PM, EST.

This is RFP is for the Michigan Department of Transportation’s (MDOT), Office of Operations Administrative Services, Fleet Division requesting One (1) Medium Duty Truck and Mounted Auger Drill Unit and Training. This is a one-time purchase as described in Schedule A (the “Contract Activities”).

RFP Timeline

Pre-proposal meeting

N/A

*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.

PROPOSAL INSTRUCTIONS

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.

RFP Structure and Documentation

Schedule A – Statement of work

Attachment A

Specification # C11-0001.19 Medium Duty Truck and Mounted Auger Drill Unit

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.

5. DELIVERY OF PROPOSAL.

Electronic – The Bidder can submit their proposal, all attachments, and any modifications or withdrawals to the Solicitation Contact: Klatra Pickett, at pickettk1@michigan.gov OR

The bidder can 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) 373-4111 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.

6. MANDATORY MINIMUM REQUIREMENTS.

To avoid disqualification, the bidder must provide documentation to support the following:

· Must be a certified authorized distributor of manufacture If bidding as a distributor attach letter from manufacturer

Only proposals meeting the mandatory minimum requirements will be considered for evaluation.

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

Step 1a – Acknowledgement

***Bidders that successfully submitted proposals by the 08/26/2019 due date do not have to resubmit their solicitation documents; they can opt to sign and submit the attached Acknowledge Memorandum.***

Step 1b –

All solicitation documents are to be completed and attached in SIGMA as requested.

The following solicitation documents will be scored as indicated below.

Reference Attached Standard Terms, item 6.

Step 2

Attachment A – Specifications C11-0001.19. MDOT will review all listed exceptions or equivalents. It will be at the discretion of the Fleet Division to determine if the exception or equivalent can be accepted for specific uses to MDOT and anticipated maintenance.

Proposals receiving 80 or more technical evaluation points AND submitting an acceptable product as indicated within Attachment A will have pricing evaluated and considered for award.

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service -disabled veteran owned business(QVD/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: https://www.michigan.gov/dtmb/0,5552,7-358-82550_85746_48677-412612--,00.html.

The State strongly encourages strict adherence to the Contract Terms. The State reserves the right to deem a bid non-responsive for failure to accept the Contract Terms. Nevertheless, the bidder may submit proposed changes to the Contract Terms in track changes (i.e., visible edits) with an explanation of the bidder’s need for each proposed change. Failure to include track changes with an explanation of the bidder’s need for the proposed change constitutes the bidder’s acceptance of the Contract Terms. General statements, such as that the bidder reserves the right to negotiate the terms and conditions, may be considered non-responsive.

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

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

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

10. RESERVATIONS. The State reserves the right to:

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

b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, 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 Section 7, Evaluation Process, if the State receives only one proposal.

11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the lowest bid to the State, as determined by the State. Low bid will be determined by the bidder meeting and offering the best combination of the factors stated in Section 7, Evaluation Process, and price, as demonstrated by the proposal. The State will post a Notice of Recommendation for Award on www.michigan.gov/SIGMAVSS .

12. BID PROTEST.

If you wish to initiate a protest of the award, you must submit your written protest to Carol R. Rademacher at rademackerc@michigan.gov, no later than 3:00 p.m., 3 calendar days after posting the Notice of Recommendation for Award, or by 3:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

Carol R. Rademacher Administrator Van Wagoner Building 425 West Ottawa Street P.O. Box 30050 Lansing, MI 48909 RADEMACHERC@michigan.gov Additional information about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

13. 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.

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

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

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 Error! Reference source not found. 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]

VENDOR QUESTIONS WORKSHEET

Provide a detailed response to each question. “You” and “company” refers to the bidder.

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 and 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 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

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.

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

5. State of Michigan Experience

Bid numbers are not acceptable

General Experience (Prior Sales and Training)

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

7. Other

Request For Proposal No. 19000000000 Medium Duty Truck and Mounted Auger Drill Unit

SCHEDULE A

STATEMENT OF WORK

CONTRACT ACTIVITIES

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.

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.

SCOPE

The Michigan Department of Transportation, Office of Operations Administrative Services, Fleet Division is requesting one (1) Medium Duty Truck and Mounted Auger Drill Unit for construction, scheduled maintenance and response to emergency situations on roads, bridges and facilities.

The BIDDER is to submit manufacturer's product literature for the make and model offered with the bid.

The literature is to show supporting data for the performance and design specifications described within Attachment A, Specification # C11-0001.19 Bidder Response

If the listed specifications and requirements, within Attachment A are not available from the manufacturer, the Contractor will be expected to identify the appropriate substitution within their bid proposal.

Bidder Response

available alternate/option and explanation.

1.0 Specifications

The Contractor is to provide a Medium Duty Truck and Mounted Auger Drill Unit, as listed within the attached specifications.

Attachment A, Specification # C11-0001.19

Contractor to identify proposed Medium Duty Truck Mounted Auger Drill Unit. Bidder will include descriptive literature with bid submission.

Bidder Response:

Make Model

Bidder will complete the attached specification sheet – Attachment A, Specification # C11-0001.19

Any listed brands are for identification purposes only and do not limit the Contractor to such brands.

Bidder response:

Is Attachment A completed and attached in SIGMA?

Contractor must respond to the following areas with either agreed or indicate an exception OR provide detail as requested Sections 1.1 through Sections 11

1.1 Quantity

1.2 Manuals

The Contractor will provide two (2) sets of the following manuals for the Medium Duty Truck Mounted Auger Drill Unit at time of delivery.

1. Operating

2. Parts and maintenance/service

Manuals can be provided in CD, flash drive or paper format.

Bidder Response

Failure to deliver manuals at time of delivery may be cause for payment to be delayed.

1.3 Warranties

The Contractor will explain its warranty period for all the components as specified within this RFP to include:

Reporting warranty issues and how it will handle material replacements.

Bidder Response:

1.4 Recall Requirements and Procedures

1.5 Quality Assurance Program

1.6 Incentives

2.0 Service Levels

2.1 Delivery

Delivery shall be 120 days ARO

Contractor to contact Scott Poyer, MDOT Fleet Specialist 48 hours prior to delivery.

Bidder Response:

Delivery will be accepted between the hours of 8:00 and 3:00 pm Monday through Thursday except public holidays.

Delivery will be shipped to:

MDOT OOAS Garage 2522 West Main Street Lansing MI 48917 Attention: Scott Poyer Bidder Response

2.2 Technical Support and Repairs

The Contractor will specify direct phone numbers/ cell phone and email for the State to make contact with the Contractor for technical support, repairs and maintenance.

This Contact will be specifically assigned to State of Michigan account, that will respond to State inquiries regarding the activities of this contact.

The Contractor must be available for calls and service during the hours of 8:00 am to 6:00 pm EST, Monday thru Friday.

Bidder response:

Warranty items:

Non Warranty items:

Location for repairs

2.3 Training

For a group of 6-8 MDOT employees, the Contractor will provide, at a minimum, 8 hours of operator and mechanics training, Training is to include, but not limited to the following:

Scheduling of training will occur at a time and location determined by MDOT after unit has been accepted and is ready to be placed into service.

MDOT will contact the Contractor to schedule training.

Bidder Response:

3.0 Staffing

3.1 Disclosure of Subcontractors

The legal business name; address and telephone number of the sub-contractor or supplier

A description of subcontractor’s or supplier’s organization

The relationship of the subcontractor or supplier to the Contractor

Whether the Contractor has a previous working experience with the subcontractor or supplier. If yes, provide the details of that previous relationship

A complete description of the Contract Activities that will be performed or provided by the sub-contractor or supplier.

The subcontractor or supplier will attach a statement addressed to the Contractor verifying that the warranty will be transferable to MDOT; this statement is to include signatures from the supplier or subcontractor AND the manufacturer.

Of the total bid, the price of the subcontractor’s work.

3.2 Security

The contract activities require interaction with State personnel at State facilities and/or designated State trunk lines or highways.

Upon request by the State, the Contractor shall provide the results of all security background checks of employees.

The State may decide to also perform a security background check. If so, the Contractor will be required to provide to the State a list of all delivery people that will service State of Michigan facilities, including name, date of birth and social security number.

Bidder Response:

4.0 Pricing

4.1 Price Term

Price proposals must include all costs, including but not limited to, any one-time or set-up charges, fees, training and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing).

BIDDER to complete and submit pricing on Schedule B

5.0 Project Management

5.1 Meetings

A. PRE-AWARD MEETING

After the bidder is “Recommendation for Award”, the successful bidder may be required to provide a demonstration, at a location within the State of Michigan, within ten (10) days of such request by the State

(i) The purpose of this meeting will be for the recommended bidder to demonstrate proposed equipment features, attachments and accessories as called for within Schedule A and Attachment A, Specification # C11-0001.18.

MDOT reserves the right to withdraw the posted award recommendation if the bidder does not have sufficient personnel and the specified equipment to perform the requirements of the contact activities.

Bidder Response:

B. Kick-Off Meeting

Within thirty (30) days of the purchase order date, MDOT may request a pre-construction meeting with the Contractor. Meeting is generally a phone conference.

Areas to be discussed will include:

1. Review terms and requirements of the order.

2. Contractor to provide estimated progress schedule and completion date to include estimated equipment inspection.

Bidder Response:

C. Equipment Inspection The Contractor may be required to host a pre-delivery model inspection at the vendor`s facility. The inspection will be scheduled when the unit is substantially completed and before delivery.

The Contractor shall be required to pay the travel and subsistence costs for up to two (2) MDOT personnel from Lansing Michigan. The costs will be the same as the standard travel reimbursement rates for state of Michigan Employees.

Bidder Response:

6.0 Ordering

6.1 Authorizing Document

The appropriate authorizing document for the Contract will be a purchase order.

7.0 Delivery

7.1 Delivery Programs

The Contractor will state the delivery and or transportation method (e.g., UPS, FedEx, Contractor fleet, or other third party carrier) it intends on utilizing in delivery of the:

Truck Mounted Auger Drill Unit.

Bidder Response:

8.Acceptance

8.1 Acceptance and Inspection

The following criteria will be used to determine acceptance of the Contract Actives.

1. The Medium Duty Truck Mounted Auger Drill Unit shall be fully assembled and completely equipped with all features necessary for its operation as listed within Attachment A, Specification # C11-0001.19

2. The unit will be subject to a new unit check in inspection by MDOT personnel after the unit is delivered

3. Manuals as specified within section 1.3

4. Training provided Bidder Response:

8.2 Final Acceptance

9.0 Invoice and Payment

9.1 Invoice Requirements

Contractor will send invoice to:

Fleet Administration Michigan Department of Transportation 2522 West Main St.

Lansing, MI 48917 Attention: Scott Poyer Bidder Response:

9.2 Payment Methods

The State will make payment for Contract Activities as stated within the attached Standard Contract Terms, Section 18, Terms of Payment.

As required by MCL 18.1283, the State will only disburse payments under this Contract through Electronic Funds Transfer (EFT).

The Contractor must electronically register with the State at : https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService to receive EFT payments.

If Contractor does not register, the State is not liable for failure to provide payment.

Bidder Response:

10.0 Liquidated Damages

The delivery of vehicles/units must be consistent with the scheduling as established within the Purchase Order.

If any vehicles/units are not delivered within the delivery schedule specified, the delay will interfere with the proper implementation of the fleet management programs utilizing these vehicles/units, to the loss and damage of the State of Michigan.

Late or improper completion of the deliverables would be impracticable and extremely difficult to fix the actual damage sustained in the event of any such delays.

If there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of 2/10th of 1% per day up to 30 days, if Contractor fails to remedy the late or improper completion of the Work, the State may deduct liquidated damages from the final payment.

Bidder Response:

10.1 Environmental and Energy Efficient Products

10.2 Hazardous Chemical Identification

In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals, as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.

The Contractor must identify any hazardous chemicals that will be provided under any resulting contract.

Bidder Response:

10.3 Mercury Content

10.4 Brominated Flame Retardants

Request For Proposal No. 19000000000 Medium Duty Truck and Mounted Auger Drill Unit

SCHEDULE B

PRICING

1. Price proposals must include all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing). Failure to complete the pricing schedule as requested may result in disqualification of your proposal.

2. The Contractor is encouraged to offer quick payment terms. The number of days must not include processing time for payment to be received by the Contractor's financial institution.

Quick payment terms: _______ % discount off invoice if paid within ______ days after receipt of invoice.

3. By submitting its proposal, the Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.

Medium Duty Truck and Mounted Auger Drill Unit

Attachment A: C11-0001.19

Total Cost

All bids must be F.O.B. Destination with transportation charges prepaid on the order. Other F.O.B. terms will not be accepted and shall disqualify a Bidder from further consideration.

Lead Time for Delivery: ____ days.

Proposal is valid for: days.

This period must be at least 90 days from the due date for responses to this RFP.

STANDARD CONTRACT TERMS

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and [Insert Company Name] (“Contractor”), a [Insert State & Entity Status, e.g., a Michigan corporation or a Texas limited liability company]. This Contract is effective on [Month, Day, Year] (“Effective Date”), and unless terminated, expires on [Month, Day, Year].

This is a one-time purchase.

The parties agree as follows:

1. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Schedule A – Statement of Work (the “Contract Activities”). An obligation to provide delivery of any commodity is considered a service and is a Contract Activity.

Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities, and meet operational standards, unless otherwise specified in Schedule A.

Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) not make any media releases without prior written authorization from the State; (i) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (j) comply with all State physical and IT security policies and standards which will be made available upon request; and (k) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.

Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever making contact with the State.

2. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.

Klatra Pickett 425 W. Ottawa St.

Lansing, MI 48933 pickettk1@michigan.gov 517-335-0071 [Name] [Street Address] [City, State, Zip] [Email] [Phone]

3. Contract Administrator. The Contract Administrator for each party is the only person authorized to modify any terms of this Contract, and approve and execute any change under this Contract (each a “Contract Administrator”):

Klatra Pickett 425 W. Ottawa St.

Lansing, MI 48933 pickettk1@michigan.gov 517-335-0071…