RFP 180000002548 - Medically necessary athletic shoes (instruct, Sched A and B) final.docx

STATE OF MICHIGAN

Department of Corrections

Medically Necessary Athletic Shoes Request for Proposal No. 180000002548

Solicitation Manager Name: Lisa Lehnert Direct Phone: (517) 335-4904 Email: LehnertL@michigan.gov

This is a Request for Proposal (RFP) for:

Medically Necessary Athletic Shoes

RFP Timeline

*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.

SUBMITTING SAMPLES

Section 1.1 Product Specifications, provides brands and style numbers of pre-approved items for bid. However, these brands and styles may not cover all applicable sizes, and the State is looking for additional proposed samples for a comprehensive solution to fit all sizes and needs.

· Samples of pre-approved brands and style numbers identified in Section 1.1 are not required for submittal.

· “Alternative Samples” are proposed items that could be approved as an alternative to the pre-approved brands/styles. These alternative samples should be identical to the material and sizing specified in Section 1.1 and submitted to the State for review before the bidder question deadline.

· All proposed bid samples must meet the product specifications noted in Section 1.1, Items B.-I.

· All samples must have a label clearly marking size and brand/style.

· All samples submitted will be approved at the State’s sole discretion.

· All samples must be clearly labeled with the bidder’s name, RFP number, and Additional Sample and sent to: 206 E. Michigan Ave. Lansing, MI 48909 before the deadline for bidder questions.

· Samples not destroyed in testing may be returned at the bidder’s expense if requested in writing prior to the proposal deadline.

· Should a manufacturer submit samples on behalf of a bidder, the bidder must submit written confirmation from said manufacturer indicating that it will supply the materials indicated. Written confirmation must be submitted to the State before the bidder question deadline.

· Any additional brands/models approved by the State during the Question and Answer period will be published on SIGMA VSS via the State’s response to questions.

· Any additional brands/styles approved will be available to bid on by all bidders.

RFP Structure and Documentation

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. QUESTIONS. Bidder questions about this RFP must be emailed to LehnertL@michigan.gov 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.

4. 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.

5. OPTIONAL PRE-PROPOSAL MEETING.

An optional pre-proposal meeting will be held on May 22, 2018 at 10:00 a.m. EST by telephone conference call at (888) 273-3658, access code 4642997.

The purpose of the pre-proposal meeting is to discuss the RFP and the work to be performed, and the process for bidders to submit alternative brands and models for the State’s review. Statements made by the Solicitation Manager or designee at a pre-proposal meeting are not considered modifications to the RFP. If, however, the Solicitation Manager determines modifications to the RFP are warranted after the meeting, modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in Section 4, Modifications.

Attendance at the pre-proposal meeting is limited to [1] person per bidder. Subcontractor sign-in is permitted in lieu of the bidder as evidence of attendance. Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 10 business days before the date of the meeting. Accommodation requests received outside this time period cannot be guaranteed.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder should 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. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments should 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 Cover Page, 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.

Hard Copy – The bidder must also submit its proposal in hard copy form (paper). The bidder should submit four (4) copies of its technical proposal, attachments, and separately sealed price proposal by the proposal deadline. A hard copy proposal received after the proposal deadline identified on the Cover Page is considered a late proposal. The bidder must submit its hard copy proposal utilizing one of the following methods:

Delivery or Courier Michigan Dept. of Corrections Procurement Grandview Plaza 206 E. Michigan Ave.

Lansing, MI 48933 U.S. Postal Service Michigan Dept. of Corrections Procurement PO Box 30003 Lansing, MI 48909

When submitting hard copies of a proposal, the bidder should:

· Allow adequate time to clear State-building security checkpoints.

· Label the RFP number and bidder name on the outside of each package. If a delivery or courier service is used that prohibits markings on its package, this information should be placed on the outside of an interior package.

· Not submit responses to more than one RFP in one package.

7. MANDATORY MINIMUM REQUIREMENTS. To avoid disqualification, the bidder must provide the following:

· Must bid on approved brands and models specified (those approved in the bid or by MDOC during Q&A).

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

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

Proposals receiving 80 technical evaluation points 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 veteran (QDV) status under MCL 18.1261(8). Additional information on the QDV preference is available at: http://michigan.gov/micontractconnect/0,4541,7-225-48677-123519--,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 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.

9. 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.

10. 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.

11. 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 8, Evaluation Process, if the State receives only one proposal.

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in Section 8, Evaluation Process, and price, as demonstrated by the proposal. The State will post a Notice of Recommendation for Award on www.michigan.gov/SIGMAVSS .

13. DEBRIEF MEETING AND BID PROTEST. The State will post a Notice of Recommendation for Award, 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 Rebecca Hawker, CookR6@michigan.gov no later than 5:00 p.m., five business days after posting the Notice of Recommendation for Award, or by 9:00 a.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.

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

14. STATE ADMINISTRATIVE BOARD. Contracts in excess of $500,000 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.

15. 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.

16. 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), 1976 PA 442. However, please note the following:

a. 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, or financial or proprietary information” are exempt from disclosure under FOIA. And under MCL 18.1470(3), “proprietary financial and accounting” information is also exempt from disclosure under FOIA.

b. If information within a bidder’s proposal falls under the aforementioned exemptions, and the bidder seeks to have it withheld from disclosure under FOIA, then by the proposal deadline, the bidder must: (1) save exempt information in a separate file (i.e., document); (2) name the file/document “FOIA-EXEMPT”; (3) label the header of each page of the file/document “Confidential–Trade Secret,” “Confidential–Financial,” or “Confidential–Proprietary” as applicable; (4) clearly reference within the file/document the RFP schedule, section, and page number to which the exempt information applies; and (5) verify within the FOIA-EXEMPT file/document that the information meets the FOIA exemption criteria.

c. The State reserves the right to determine whether information designated as exempt by a bidder falls under the FOIA exemptions.

d. Resumes, pricing, and marketing materials are not trade secrets or financial or proprietary information.

e. Do not identify your entire proposal as “FOIA-EXEMPT,” and do not label each page of your proposal “Confidential.” If a bidder does so, the State may require the bidder to resubmit the proposal to comply with subsection (b) above.

f. If the State requires a bidder to resubmit a proposal for failure to follow these instructions, the State reserves the right to disqualify the bidder if the proposal is materially changed upon resubmission. In other words, amendments to the proposal should be restricted to that which is necessary to separate confidential from non-confidential information.

VENDOR QUESTIONS WORKSHEET

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

Contact Information

Company Background Information

State your gross annual sales per year for 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.

Qualified Disabled Veteran

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.

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.

Experience

Describe below 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?

1.

2.

3.

Experience 2

Company 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?

1.

2.

3.

Experience 3

Company 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?

1.

2.

3.

Other

Request For Proposal No. 180000002548 Medically Necessary Athletic Shoes

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.

This is a request for a three year contract with two – one-year options.

BACKGROUND

This is a Request for Proposal (RFP) to establish a Contract(s) to provide athletic shoes to be issued by the Michigan Department of Corrections (MDOC) to prisoners who have a medically necessary diagnosis. See Schedule A-1 for the usage from 2017 for the medically necessary athletic shoes.

MDOC Contract Monitoring Unit The MDOC has developed a contract monitoring unit known as the Procurement Monitoring and Compliance Division (PMCD). This unit has oversight for the Department’s contracts and ensures that the Contractor is delivering services according to the contract requirements. The Contract Manager will serve as the lead for all contract related issues, and will assist in facilitating kick off meetings, determining service level agreements, overseeing the transition timeline and working with the MDOC program staff to ensure the contractual requirements are being met. A contract monitor will be assigned to monitor the contract(s), and as part of his or her role they will conduct regular monitoring of all contract related activities.

SCOPE

This Contractor must provide athletic shoes for prisoners who have a medically necessary diagnosis according to specifications included in Section 1.1 Product Specifications and Schedule B “Pricing Matrix.”

The MDOC reserves the right to modify the contract goods to best meet the needs of the MDOC prisoners and other State departments.

The MDOC reserves the right to add additional State departments to this Contract.

REQUIREMENTS

The Contractor is required to provide specific brands and styles of quality athletic shoes to Michigan Department of Corrections prisoners. “Factory Seconds” or defective shoes will not be accepted. Substitutions of color, brand, size, or fabric will not be accepted, unless approved during the RFP question period. Items on Schedule B “Pricing Matrix” are to be designated as either a standard stock item or a specialty item by the Contractor. The Contractor shall keep a reasonable quantity of athletic shoes designated as stock to meet any emergency orders. Contractors may submit additional samples that meet specifications and requirements noted in Section 1.1 Items B-I for the State’s consideration during the RFP question period.

A standard stock item is a product that the Contractor maintains in its inventory and is readily available for shipment.

A specialty item is a product that the Contractor does not maintain in its inventory and it must be specially produced or procured for this Contract. This item is not usually readily available for shipment.

1. General Requirements

1.1. Product Specifications

The Contractor must provide athletic shoes that meet the following requirements:

1. Acceptable Brand(s) and model(s):

· New Balance Training Shoe – Style # 624 (Low)

· Shoe Corp – Style # 2800

· Shoe Corp – Style # 3700 (Mid-high)

· Bob Barker Company – Style 72D

· Bob Barker Company – Style 72E

· Bob Barker Company – Style 72F

1. Solid black or solid white leather upper

1. Black, white or clear sole

1. Velcro closure

1. Cushioned arch and insole

1. Upper stitched to non-marking sole

1. No metal or plastic parts

1. Shoes must not contain air pumps, pockets, flashing lights, gel or any air pockets

1. Shoes must be available in men’s and women’s sizes, including wide widths. Required sizes are noted on Schedule B.

The MDOC is not obligated to purchase in any specific quantity.

New or used- All items provided by Contractor must be new. No used items will be accepted.

The State reserves the right to order shoes that tie instead of Velcro, if there is a medical diagnosis that requires this type of shoe.

Bidder must check only one box below and identify exception(s):

1.2. Warranties

The Contractor must describe any warranties included in the bid and explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements. The response must include the length of the warranty.

Bidder must provide detailed information as requested below.

All shipping costs for defective, damaged and/or flawed products will be at no cost to the State. The Contractor is solely responsible to coordinate the refund/return/replacement of damaged and/or flawed products.

The State reserves the right to require additional warranties other than those identified by the Contractor in its response to this RFP.

1.3. Recall Requirements and Procedures

In the event of a recall, the Contractor must immediately notify MDOC Contract Administrator, Contract Monitor, and Program Manager by email. The Contractor must provide instructions detailing the process to return the products to the Contractor at the expense of the Contactor. The Contractor is solely responsible for notifying MDOC and coordinating the return of the products.

Bidder must check only one box below and identify exception(s):

1.4. Quality Assurance Program

The Contractor must explain its Quality Assurance Program(s).

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

1.5. Incentives

The Contractor must explain any special incentives or services including, but not limited to, return policies, trade-in programs, quantity discounts, etc.

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

1.6. Incorrectly Filled Orders

The Contractor must explain its mechanism to refund/return/replace incorrectly filled orders, including over shipments. The bid response must describe in detail the Contractor’s policy and procedure. The response must include the reporting process for notifying the Contractor. All returns for incorrectly filled orders must be at no cost to the State. Incorrect orders should be refilled in the specified timeframes noted in Section 2.1.

The Contractor is solely responsible to coordinate the refund/return/replacement of incorrectly filled orders.

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

1.7. Return Policy and Procedure

The Contractor must explain its return policy and procedure in the event that the State wants to return the items for reasons other than warranty, defects, or incorrectly filled orders. The Contractor should state who is responsible for the return shipping costs and if the Contractor charges a restocking fee.

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

2. Service Levels

2.1. Time Frames

The MDOC prefers that all standard stock items noted in Schedule B be delivered within 14 calendar days of receipt of order. Shipments of partial orders are acceptable, as long as the entire order is received within 14 calendar days of receipt of order. The receipt of order date is pursuant to Section 2, Notices, of the Standard Contract Terms.

Bidder must either note its agreement to the 14 calendar days or provide its proposed delivery time frames, if it is proposing a different delivery time frame, in its bid response.

The MDOC prefers that all specialty items noted in Schedule B be delivered within 45 calendar days of receipt of order. Shipments of partial orders are acceptable, as long as the entire order is received within 45 calendar days of receipt of order.

Bidder must either note its agreement to the 45 calendar days or provide its proposed delivery time frames, if it is proposing a different delivery time frame, in its bid response.

If the first order of the new contract will have a longer lead time, specify the time frame (for stock items and specialty items).

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

The Contractor is solely responsible to ensure that it or any suppliers/subcontractors meet the delivery requirement.

The Contractor must verify with its manufacturing plant and/or supplier/subcontractors that the above time frame can be met. The Contractor must list in its response any known circumstances, such as, specific holidays, plant shutdowns, etc., that may affect the requested delivery time frames.

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

What is your manufacturer’s shut down schedule?

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

What is your manufacturer’s lead time?

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

The Contractor must describe its plan for guaranteeing that the deliverables will be met within the above time frame. This must include meeting the delivery time frame even during the specific holidays, plant shutdowns, etc., listed above.

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

In the event that the contract items are on backorder, the MDOC reserves the right to cancel the Delivery Order and to purchase the items from other sources.

2.2. Reporting

The Contractor must submit to the MDOC Program Manager or designee, a Monthly Order History Report within 15 calendar days from the close of the previous month and all other reports within 14 calendar days of receipt of request. All reports must be submitted in a modifiable format (e.g. Microsoft Word, Excel, etc.). Required reporting includes:

1. Monthly Order History Report, which must include prisoner name and number, facility location, item description, item number, quantity purchased, order receipt date, ship date and delivery tracking information.

1. Usage reports with data by brand, item, purchase location and year, and timeframe (i.e. monthly, quarterly, annual or contract life) as requested by the MDOC.

1. Any other reports that the MDOC requests.

2.3. Meetings

The Contractor must attend the following meetings:

1. Kick-off meeting within 30 calendar days of the Effective Date

1. The State may request other meetings as it deems appropriate.

These meetings may be held in person, by phone call or by video conferencing as agreed upon by all parties.

3. Staffing

3.1. Contractor Representative

The Contractor must appoint a Customer Service Representative, specifically assigned to State of Michigan accounts, that will respond to State inquiries regarding the Contract Activities, answering questions related to ordering and delivery, etc. (the “Contractor Representative”).

The Contractor should notify the Contract Administrator at least 15 calendar days before removing or assigning a new Contractor Representative.

The Contractor Representative should be located within the continental United States.

The Contractor must provide the following information for the Customer Service Representative.

3.2. Customer Service Toll-Free Number

The Contractor must specify its toll-free number for the State to make contact with the Contractor Representative if one is available. The Contractor Representative should be available for calls during the hours of 8 am to 5 pm EST.

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

3.3. Disclosure of Subcontractors

The Contractor must disclose if it intends to utilize subcontractors, including manufacturers/suppliers, in the performance of this Contract.

Bidder must respond Yes or No.

If the Contractor intends to utilize subcontractors, including other manufacturers/suppliers, the Contractor must disclose the following:

3.4. Security

The Contractor will be subject to the following security procedures:

1. All Contractor and subcontractor staff working on the Contract must undergo a security and background check, to include at a minimum ICHAT http://apps.michigan.gov/ichat/home.aspx , to be performed by the Contractor at its expense.

1. The Contractor‘s and subcontractor’s staff that are entering a State-MDOC facility must be Law Enforcement Information Network (LEIN) cleared by the State-MDOC prior to facility entry. The Contractor and subcontractor must submit the LEIN information to the State-MDOC Contract Manager at least two business days prior to the facility visit. If an employee of the Contractor or subcontractor has a felony or misdemeanor conviction (excluding minor driving offenses), that employee may not be permitted to enter any State-MDOC facility. The LEIN check is no cost to the Contractor, and must be updated annually once contract is awarded. The State is not responsible for any costs associated with a service call, if the Contractor’s employee is denied entry based on LEIN clearances.

1. The Contractor’s or subcontractor’s staff may be required to complete and submit an RI-8 Fingerprint Card for Finger Print Checks to the Contract Monitor upon request.

1. The Contractor must anticipate delays when visiting any facility due to issues that may occur within that facility. Potential delays can occur when attempting to enter facilities, as well as during services performed while within the secured perimeters.

1. All vehicles entering a MDOC correctional facility must be inspected before entry into the secure perimeter.

1. The MDOC reserves the right to deny access to any facility, to any Contractor(s)/ subcontractor(s) staff members who fails to comply with any applicable State, Federal or local law, ordinance or regulation or whose presence may compromise the security of the facility, its prisoners, or staff.

1. All drug, alcohol, tobacco products, cellular devices, smart watches, computers, weapons, fireworks and explosives are prohibited at all correctional facilities.

1. Contractor(s) that come into the Administration Building of a correctional facility must secure their cellular devices, personal tobacco products, smart watches, computers, and any incendiary items in their locked vehicle prior to entrance. If the Contractor arrives with such products, the Contractor will be requested to return them to their locked/secured motor vehicle.

1. The State-MDOC may require the Contractor’s personnel to wear State-MDOC issued identification badges.

1. If the Contractor’s and subcontractor’s staff is ever required to enter MDOC facilities, the Contractor will be asked to: (a) explain how it intends to ensure the security of MDOC facilities, (b) whether it uses uniforms and ID badges, etc., (c) identify the company that will perform background checks, and (d) the scope of the background checks.

4. Pricing

4.1. Price Term

Pricing is firm for the initial base three year term of the Contract. Adjustments may be requested, in writing, by either party during an option year and will be firm for 365 calendar days after the effective date of the price change. The State prefers a 60 calendar day notice prior to exercising an option year.

Option year adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

The MDOC must be notified of any item that is discontinued during the term of the Contract and the item that the Contractor proposes to replace the discontinued item must be approved by the MDOC. The approved item that replaces the discontinued item will be added to the Contract and must be provided at the fixed price or lower.

Bidder must check only one box below and identify exception(s):

Does the Contractor have a long term or multi-year pricing agreement(s) with key suppliers to support this contract?

Bidder must respond Yes or No.

If yes, provide the details and the length of the pricing agreement(s).

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

The Contractor must quote prices “F.O.B. Destination, within Government Premises” with transportation charges included in the unit price on all orders. The State will not pay any freight.

Bidder must check only one box below and identify exception(s):

The Contractor should list the major cost factors and the percentage of the total price associated with each cost factor. (Examples might include overhead, major raw materials, labor, packaging costs, etc.)

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

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document for the Contract will be a delivery order (DO) for required items. The Contractor is not authorized to ship any items without the receipt of a DO.

5.2 Order Verification

The Contractor must have internal controls, approved by MDOC, to verify abnormal orders and to ensure that only authorized individuals place orders.

6. Delivery

6.1. Delivery Programs

The Contractor must explain in detail its delivery programs (e.g., standard delivery and quick-ship), including any limitations such as quantity.

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

The Contractor must explain the transportation method (e.g., UPS, FedEx, Contractor fleet, or other third party carrier) it intends on utilizing in delivery of the Contract Activities.

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

6.2. Packaging and Palletizing

The Contractor must include a packing slip with each delivery. The packing slip must include, at a minimum, the Contractor’s name, delivery order number, correctional facility name, deliverable, prisoner name and prisoner number, shipped quantity and quantity on backorder. The packing slip must be written in English.

Each pair of shoes should be individually bagged in clear plastic and boxed.

Packaging must be optimized to permit the lowest freight rate. Shipments must be palletized whenever possible using manufacturer's standard 4-way shipping pallets, if needed.

7. Acceptance

7.1. Acceptance

The acceptance process is defined in Section 17, Acceptance, of the Standard Contract Terms.

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

1. Itemized packing slip must accompany all deliveries and deliveries must be signed for by receiving staff.

1. Damaged boxes may be refused.

1. Detailed invoice must be received.

1. Order shipment is complete and correct.

Signing for the delivery does not constitute acceptance. Acceptance occurs when the State has verified: the requested quantities are delivered in the requested time frame, product is verified to conform to the specifications of the contract, and the quantities are verified with the purchase order and shipper.

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) master agreement number; (c) delivery order number; (d) ship to location; (e) quantity; (f) description of the Contract Activities; (g) prisoner name and prisoner number; (h) unit price; and (i) total price.

Invoices should be received by MDOC within 30 calendar days of delivery of goods.

Invoices may be emailed to MDOCAP@michigan.gov. Questions and concerns may also be emailed to MDOCAP@michigan.gov.

8.2. Payment Methods

The State will make payment for Contract Activities via Electronic Funds Transfer (EFT).

8.3. Service Level Agreements (SLAs)

MDOC has developed a SLA to ensure the contract requirements are being met (See Schedule A-3).

9. Additional Requirements

9.1. Environmental and Energy Efficient Products

The Contractor must identify any energy efficient, bio-based, or otherwise environmental friendly products used in the products. Contractor must include any relevant third-party certification, including the verification of a United States department of agriculture certified bio based product label.

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

9.2. 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 must provide detailed information as requested in the above requirement(s).

9.3. Mercury Content

Pursuant to MCL 18.1261d, mercury-free products must be procured when…