Request for Quotation - Specifications RFQ 561036ITQ 15-02.doc

Request for Quotation: Special Requirements

Reference Contract: Bituminous Materials, Plant Mix 561036ITQ

DATE: March 31, 2015

RFQ NUMBER: RFQ 561036ITQ 15-02

OVERVIEW: This Request for Quote (RFQ) 561036ITQ 15-02 is issued to all Qualified Suppliers identified on the Bituminous Materials Counties of Interest Form on the Pennsylvania Department of General Services (DGS) statewide Invitation to Qualify (ITQ) contract 561036ITQ, identified herein as the “Contract”. This RFQ will cover the requirements of the Pennsylvania Department of Transportation, identified herein as the “Department”, for the provision of Bituminous Materials, Plant Mix.

Suppliers are requested to submit fixed pricing for the delivery of bituminous materials, plant mix for those locations identified on the bid sheet that correspond to the counties they have previously identified on their Counties of Interest form.

The Commonwealth of Pennsylvania will utilize and accept E-mail based bidding for this RFQ. It is the responsibility of each contractor to ensure that its bid response is received at the Bid Receipt Location prior to the Response Date and Time.

PURPOSE: The purpose of this RFQ is to solicit quotes for projected Job Specific and/or Group Jobs identified on the bid sheet that correspond to the counties the supplier has previously identified on their Bituminous Materials Counties of Interest form.

ISSUING OFFICE/RESPONSE DATE/BID RECEIPT LOCATION: Qualified Suppliers shall submit their fixed price quotes to the Issuing Office no later than 2:00 PM, local prevailing time, Harrisburg, PA, on April 7, 2015.

Qualified Suppliers shall submit their fixed price quotes and RFQ Cover page via E-mail at the following web address: ra-gsbopbb@pa.gov. Note: Qualified Suppliers shall submit their fixed price quotes via e-mail and do so in EXCEL format, NOT a PDF.

QUOTE SUBMITTAL: All quotes shall be submitted using the E-mail location listed above in Response Date/Location. In order to be considered, price quotes must be received by the individual identified in the ISSUING OFFICE/RESPONSE DATE/BID RECEIPT LOCATION prior to the response deadline for submission of quotes.

CONTRACTOR INTEGRITY PROVISIONS: This updated version of the Contractor Integrity Provisions (January 2015) supersedes the versions of this clause found in the Standard Contract Terms and Conditions for Department of General Services Statewide Contracts for Supplies as incorporated by the ITQ, as well as any versions incorporated into previous RFQs.

It is essential that those who seek to contract with the Commonwealth of Pennsylvania (“Commonwealth”) observe high standards of honesty and integrity. They must conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth contracting and procurement process.

1.

DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall have the meanings found in this Section:

a.

“Affiliate” means two or more entities where (a) a parent entity owns more than fifty percent of the voting stock of each of the entities; or (b) a common shareholder or group of shareholders owns more than fifty percent of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.

b.

“Consent” means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of the execution of this contract.

c.

“Contractor” means the individual or entity, that has entered into this contract with the Commonwealth.

d.

“Contractor Related Parties” means any affiliates of the Contractor and the Contractor’s executive officers, Pennsylvania officers and directors, or owners of 5 percent or more interest in the Contractor.

e.

“Financial Interest” means either:

(1)

Ownership of more than a five percent interest in any business; or

(2)

Holding a position as an officer, director, trustee, partner, employee, or holding any position of management.

f.

“Gratuity” means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the Governor’s Code of Conduct, Executive Order 1980-18, the 4 Pa. Code §7.153(b), shall apply.

g.

“Non-bid Basis” means a contract awarded or executed by the Commonwealth with Contractor without seeking bids or proposals from any other potential bidder or offeror.

2.

In furtherance of this policy, Contractor agrees to the following:

a.

Contractor shall maintain the highest standards of honesty and integrity during the performance of this contract and shall take no action in violation of state or federal laws or regulations or any other applicable laws or regulations, or other requirements applicable to Contractor or that govern contracting or procurement with the Commonwealth.

b.

Contractor shall establish and implement a written business integrity policy, which includes, at a minimum, the requirements of these provisions as they relate to the Contractor activity with the Commonwealth and Commonwealth employees and which is made known to all Contractor employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contract services are performed shall satisfy this requirement.

c.

Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not accept, agree to give, offer, confer, or agree to confer or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order of the Governor of Pennsylvania, statement of policy, management directive or any other published standard of the Commonwealth in connection with performance of work under this contract, except as provided in this contract.

d.

Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Contractor’s financial interest prior to Commonwealth execution of the contract. Contractor shall disclose the financial interest to the Commonwealth at the time of bid or proposal submission, or if no bids or proposals are solicited, no later than Contractor’s submission of the contract signed by Contractor.

e.

Contractor certifies to the best of its knowledge and belief that within the last five (5) years Contractor or Contractor Related Parties have not:

(1) been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

(2) been suspended, debarred or otherwise disqualified from entering into any contract with any governmental agency;

(3) had any business license or professional license suspended or revoked;

(4) had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

(5) been, and is not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state or local prosecuting or investigative agency.

If Contractor cannot so certify to the above, then it must submit along with its bid, proposal or contract a written explanation of why such certification cannot be made and the Commonwealth will determine whether a contract may be entered into with the Contractor. The Contractor’s obligation pursuant to this certification is ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to immediately notify the Commonwealth in writing if at any time during the term of the contract if becomes aware of any event which would cause the Contractor’s certification or explanation to change. Contractor acknowledges that the Commonwealth may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made herein are currently false due to intervening factual circumstances or were false or should have been known to be false when entering into the contract.

f.

Contractor shall comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. §13A01 et seq.) regardless of the method of award. If this contract was awarded on a Non-bid Basis, Contractor must also comply with the requirements of the Section 1641 of the Pennsylvania Election Code (25 P.S. §3260a).

g.

When Contractor has reason to believe that any breach of ethical standards as set forth in law, the Governor’s Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including but not limited to contact by a Commonwealth officer or employee which, if acted upon, would violate such ethical standards, Contractor shall immediately notify the Commonwealth contracting officer or the Office of the State Inspector General in writing.

h.

Contractor, by submission of its bid or proposal and/or execution of this contract and by the submission of any bills, invoices or requests for payment pursuant to the contract, certifies and represents that it has not violated any of these Contractor Integrity Provisions in connection with the submission of the bid or proposal, during any contract negotiations or during the term of the contract, to include any extensions thereof. Contractor shall immediately notify the Commonwealth in writing of any actions for occurrences that would result in a violation of these Contractor Integrity Provisions. Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment.

i.

Contractor shall cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions. Contractor agrees to make identified Contractor employees available for interviews at reasonable times and places. Contractor, upon the inquiry or request of an Inspector General, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Contractor's integrity and compliance with these provisions. Such information may include, but shall not be limited to, Contractor's business or financial records, documents or files of any type or form that refer to or concern this contract. Contractor shall incorporate this paragraph in any agreement, contract or subcontract it enters into in the course of the performance of this contract/agreement solely for the purpose of obtaining subcontractor compliance with this provision. The incorporation of this provision in a subcontract shall not create privity of contract between the Commonwealth and any such subcontractor, and no third party beneficiaries shall be created thereby.

j.

For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate this and any other contract with Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

NONDISCRIMINATION & CONTRACTOR RESPONSIBILITY CLAUSES: Updated versions of the Nondiscrimination/Sexual Harassment Clauses and the Contractor Responsibility Provisions can be found at the links below. The updated clauses found at these links supersede the versions of these clauses found in the Standard Contract Terms and Conditions for Department of General Services Statewide Contracts for Supplies incorporated by reference above.

· Nondiscrimination/Sexual Harassment Clause (Contracts) (8/19/2010), which can be found at:

http://www.dgsweb.state.pa.us/comod/CurrentForms/Nondiscrimination_Contracts.doc

· Contractor Responsibility Provisions (7/30/2010), which can be found at:

http://www.dgsweb.state.pa.us/comod/CurrentForms/ContractorResponsibilityProvisions.doc TERM OF PURCHASE ORDER: Price quotes must be firm for all Jobs started by 11:59 PM May 22, 2015, at which time the purchase order expires. Purchase Order shall be issued and work must be started prior to the date/time the purchase order expires. While materials may be accepted after the expiration of the purchase order, all work must be continuous unless delayed/postponed by weather, documented mechanical breakdown, and/or mutual agreement between the District and the supplier. Purchase orders issued pursuant to this RFQ may be extended for specific additional periods only by mutual agreement between the Awarded Supplier and the Commonwealth. If the purchase order is extended, the same terms and conditions shall apply and the price shall not increase. Purchase Orders may not be extended beyond December 1, 2015.

INSTRUCTIONS FOR COMPLETING BID ITEM SHEETS: The bid item sheet information is in Excel format. The Excel Workbook has two worksheets. Sheet one is Job Specific –Supplier Haul, Specific Job - Paver Delivery Locations. Sheet two is Group Jobs – Supplier Haul, Group Jobs - Paver Delivery Locations.

When completing the item sheet(s), please ensure that you complete with the following information:

Job Specific:

· Material Price/Ton

· Total Individual Job Price

· Supplier Code As Listed In PA Bulletin 41

· Highway County Number of Supplier Plant (Attachment ‘A’ PennDOT by Plant Number)

· Supplier Name – Insert your company name (Legal name and DBA name if applicable)

· SAP Supplier Number

· Material Required/Supplied – HMA/WMA (See Award - WARM MIX/HOT MIX) Group Jobs:

· Supplier Code As Listed In PA Bulletin 41

· Highway County Number of Supplier Plant (Attachment ‘A’ PennDOT by Plant Number)

· Material Price/Ton

· Total Individual Job Price

· Group Total Price (the total of the individual job prices)

· Supplier Name – Insert your company name (Legal name and DBA name if applicable)

· SAP Supplier Number

· Material Required/Supplied – HMA/WMA (See Award - WARM MIX/HOT MIX)

Suppliers must identify Supplier Code as Listed in Bulletin 41 for each material bid. Suppliers must identify the intended approved source of supply for each material bid per job.

Attach the Bid Item Excel Spreadsheet and the RFQ Cover Page with your E-mail and send both to ra-gsbopbb@pa.gov. If you have any questions please contact:

John Jones, Phone: 717-346-3848, E-mail: jotjones@pa.gov Note: Qualified Suppliers that submit price quotes via email shall do so in EXCEL format, NOT a PDF.

AWARD: FOB - JOB SPECIFIC - DELIVERY TO DEPARTMENT PAVER/ WIDENER: Award made to the lowest responsive and responsible bidder based on total price per individual job number regardless of manufacture process.

The Commonwealth is requesting prices for each individual job number. Suppliers are invited to submit quotes in response to each individual job number in accordance with the guidelines set forth in this document. There is only one award per individual job number.

“INDIVIDUAL JOB NUMBER” – An individual job number requirement with Job #, County, SR, From, To, Minimum Delivery Rates, Material Description, Estimated Tonnage, Price/Ton, Total Price, Supplier Code as Listed in Bulletin 41, Highway County Number of Suppliers Plant, Supplier SAP #, Virgin Asphalt Content (VAC), and Warm Mix/Hot Mix. Suppliers may submit a price for each individual job number. Suppliers are not required to submit a quote for all individual job numbers. (Job Specific Bid Sheet) WARM MIX/HOT MIX – The Bid Item sheets contains a column to allow the Commonwealth to identify the material they are requiring i.e., Warm Mix or Hot Mix. If Warm Mix or Hot Mix is indicated in this column, then the material indicated is the only material acceptable for that specific job. In the event the Commonwealth has not identified the material they are requiring for a specific job then either material is acceptable. In those instances where the Commonwealth has not specified material required, suppliers are to indicate if the material they are providing pricing for is either Warm Mix or Hot Mix.

FOB - GROUP JOBS - DELIVERY TO DEPARTMENT PAVER/ WIDENER: Award to the lowest responsive and responsible bidder based on total price per group regardless of manufacture process.

Where it is operationally and economically feasible, individual job numbers were grouped together. The difference between the individual job numbers and the grouped job numbers is the way in which the individual job number requirements (Job #, County, SR, From, To, Minimum Delivery Rates, Material Commodity Code Number, Material Description, Estimated Tonnage, Supplier Code as Listed in Bulletin 41, Highway County Number of Suppliers Plant, Supplier SAP #, Price/Ton, Individual Job Price, Group Total Price, Virgin Asphalt Content (VAC), and Warm Mix/Hot Mix) are placed in groups for supplier pricing and award. Suppliers are invited to submit quotes in response to each grouping of jobs in accordance with the grouping structure set forth in this document. The Commonwealth is requiring prices for each individual job number within a group.

The grouping structure on the bid sheet will require suppliers to price each individual job number as those terms are defined below.

“GROUP AWARD” – A group of individual jobs within each County. Suppliers responding to a group award must submit intended source of supply and price for each individual job number in the group. Any quote for a group award that contains a bid price of $0.00 for any individual job within that group shall cause rejection of that group bid. (Group Jobs Bid Sheet) WARM MIX/HOT MIX – The Bid Item sheets contains a column to allow the Commonwealth to identify the material they are requiring i.e., Warm Mix or Hot Mix. If Warm Mix or Hot Mix is indicated in this column, then the material indicated is the only material acceptable for that specific job. In the event the Commonwealth has not identified the material they are requiring for a specific job then either material is acceptable. In those instances where the Commonwealth has not specified material required, suppliers are to indicate if the material they are providing pricing for is either Warm Mix or Hot Mix.

DELIVERY TIME F.O.B. DESTINATION/DEPARTMENT PAVER: The supplier shall commence delivery on the date indicated on the Purchase Order. The supplier may commence delivery earlier than the Delivery Time specified if the County Maintenance Manager and the supplier agree upon the earlier time. The County Maintenance Manager can postpone the Delivery Time, without liability for demurrage damages, provided notice of the delay is given to the supplier at least 24 hours prior to the Delivery Time. Suppliers may request revised delivery schedules in writing from the County Maintenance Manager if the County Maintenance Manager postpones the Delivery Time.

MEETING: A meeting may be required between the County Manager and Suppliers prior to the awarding and issuance of purchase orders. The purpose of the meeting is to discuss scheduling, materials, problem resolution, escalation procedures, etc.

WEIGHING: Weighing conducted by competent, qualified personnel using measurement and computation methods conforming to standard engineering and construction practices. A certified weight slip from the supplier must accompany each truckload. Use an electronic, digital measuring device if a source has the capability in its scale. The Department of Agriculture, Bureau of Standard Weights and Measures must approve the scale used, or tested and approved by a Scale Repair Service with testing capabilities with appropriate weights and procedures as contained in Scale Code NBS Handbook 44.

The Commonwealth reserves the right to have truck deliveries check weighed at independent weighing stations. If it is determined that a vehicle owned or leased by the supplier operated on public highways carrying weight in excess of the registered gross or axle weight limits established in Chapter 49 of the Motor Vehicle Code, The Department is not liable for payments for that amount of material equal to the excess over the registered gross and/or axle weight limits. The supplier may elect to deliver the excess material to the Department without charge or to retain the material in the vehicle.

Additional responsibilities are referenced in Specification 408/ (latest version), Section 107.23 and all supplements there to.

DELIVERY TICKET: The supplier shall furnish with each shipment an original and one copy of a Certified Delivery Ticket. In cases where computerization requires the supplier to retain the original copy, two (2) copies of the delivery ticket are acceptable, however, stamp or indicate one (1) of the copies “ORIGINAL DUE TO COMPUTERIZED OR AUTOMATIC MACHINE ACCOUNTING.“

ADDITIONAL REQUIREMENTS FOB DESTINATION DEPARTMENT PAVER/WIDENER: In deliveries to Department paving equipment, no dump trailers are allowed. Suppliers are responsible for having all necessary equipment required compatible with Department paving equipment, including but not limited to: pans, spill plates and tailgate chains. Department personnel will control flow regulation at tailgate.

The Department is responsible for reasonable and documented demurrage damages the shippers of the bituminous material charge the suppliers for delays at the delivery location that are clearly the fault of the Department. The supplier shall include with its request for reimbursement for demurrage damages copies of appropriate documentation showing actual delay expense incurred by the supplier. The Department is not responsible for demurrage damages as a result of stacking of trucks at the delivery location or documentable breakdown of Department equipment at the delivery location. Suppliers also are not liable for liquidated damages or other damages for delays in shipment due to documentable supplier equipment and/or plant breakdown.

ADDITIONAL DELIVERY REQUIRMENTS:

All planned project dates listed on the bid sheet are estimates and are subject to change. Final planned project dates are communicated to the supplier through the County Manager. A Contract Purchase Order is issued for each Job Number or Group Job listed. Actual delivery dates and working hours will be listed on the Purchase Order.

The Supplier shall commence delivery on the date indicated on the Purchase Order. The supplier may commence delivery earlier if mutually agreed upon with the County Maintenance Manager. The County Maintenance Manager can postpone the delivery time, without liability for demurrage damages, provided notice is given at least 24 hours prior to the scheduled delivery time. Supplier may request revised delivery schedules in writing if postponed by the County Maintenance Manager.

Upon commencement of delivery, the supplier is responsible to deliver material, without interruption at a minimum rate or the entire tonnage whichever is less as specified in the Contract. Failure to meet minimum delivery rates may result in the assessment of liquidated damages proportionate to the percentage of quantities received against the quantities ordered.

If a supplier cannot or does not commence delivery at the Delivery Time, the Department can terminate the order and issue the order to the next most economically feasible supplier, utilize RFQ 561036ITQ 15-01 Source pricing, or seek liquidated damages (Reference 561036ITQ, Part IV, #23 Liquidated Damages). If the order is issued to another supplier, immediate availability is a factor in the selection process, and the delinquent supplier is responsible for any excess cost to the Commonwealth.

QUANTITIES: Quantities are estimates to complete a job, and please be aware that the actual requirements may be exceeded up to 50% over the provided estimates. The Department will order additional quantities at the prices bid, if necessary, to complete the job.

RFQ 561036ITQ 15-02 INVOICING:

A. Submitting Invoices: Vendor must submit one complete original invoice to the “Bill To” address on the Purchase Order and include the following items:

1. Mandatory Items

a. Vendor Name and Address

b. Purchase Order Number

c. Invoice Date

d. Invoice Number

e. Invoice Quantity

i. It is very helpful if invoices reflect quantities per delivery and delivery date for each line item on the invoice. Grouping multiple day deliveries on an invoice requires the Commonwealth to determine which Goods Receipt (GR) in our system match the appropriate invoice. This can cause delays and in some cases more information requested in order to make determination.

f. Invoice Gross/Total Amount

i. Items on invoice should be listed by unit price and extended price, and grand total due for all items on the invoice.

2. Preferred Items

a. SAP Vendor Number

b. Delivery Date

c. Purchase Order Line Item Number referenced on invoice line items.

B. Decimals and Rounding: Decimal places for delivery ticket quantities and invoice quantities must be limited to two places (hundredths). If the third digit is 5 or greater, round to the next highest hundredth digit place. If the third digit is less than 5, round to the next lowest hundredth digit place.

C. Rejection of Invoices: The Commonwealth may reject invoices which contain incomplete information, inaccurate information, are for materials or services outside of purchase order validity dates, or are believed to be duplicates. Invoice rejections will be communicated to the vendor by letter indicating the reason for rejection and corrective actions needed. Vendors can help prevent delays in payment due to rejections by ensuring all invoicing information is complete, accurate and submitted timely after delivery of service or materials.

D. Corrected Invoices: If a corrected invoice is required as a result of a rejection or for other reasons, it is important for timely processing that the following guidelines by followed:

1. The corrected invoice should be stamped with “Corrected Invoice” in a manner which makes it clearly visible without covering other information.

2. The corrected invoice number needs to be labeled as such, along with the original invoice number being replaced clearly designated. Both invoice numbers are required to avoid delays in payment.

3. A concise description of the reason for the correction should be placed on the invoice if possible. The description can be on separate attachment if necessary, but is not preferred.

E. Duplicate Invoices: Vendors should only submit original invoices once as described above. Multiple submissions of the same invoice will not result in faster payment. To the contrary, duplicate invoice submission will result in a delay due to increased research needed to resolve. If you have doubts that your invoice was received please use the contact information below to verify if resubmission is needed prior to sending.

F. Contact Information for Invoicing:

1. For invoice status inquires – Vendor may check payment status of submitted invoices by accessing Comptroller Office website @ www.comptrolleroperations.state.pa.us. Select Vendor Resources from the navigation links on left.

2. For other invoice questions – use the website address above however; select Payable Services Call Center from the navigation links on left.

3. For questions regarding your purchase order or contract please contact the “Purchasing Agent” listed on your purchase order or contract.