RFP 1800003003 Open pavilion at Camp Grayling.pdf

STATE OF MICHIGAN

Department of Military and Veterans Affairs

Construction of Open Pavilion at Camp Grayling JMTC Request for Proposal No.180003003

Solicitation Manager Name: Elizabeth Noffsinger

Direct Phone: 989-344-6190 Email:noffsingere@michigan.gov

Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Proposal (RFP) for:

Construction of an Open Pavilion at Camp Grayling JMTC

RFP Timeline

Event Time Date RFP issue date N/A 7/9/2018 Voluntary site visit-at Camp Grayling JMTC 10:00 a.m. (You MUST pre-register by emailing the above Solicitation Manager on or before 1:00pm 7/10/2018 with names of attendees and name of company. If you do not pre-register you may not be permitted access)

7/11/2018

Deadline for bidders to submit questions about this RFP

3:00 p.m. Eastern 7/13/2018

Anticipated date State will post answers to bidder questions on www.michigan.gov/SIGMAVSS

7/16/2018

Proposal deadline* 3:00 p.m. Eastern 7/19/2018 Anticipated contract begin date N/A 8/1/2018

*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.

http://www.michigan.gov/SIGMAVSS

Version 2 Revised: 11-3-2017

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

Document Description Bidder Response Instructions

Cover Page Provides RFP title and number, important dates, and contact information for Solicitation Manager

Informational

Proposal Instructions Provides RFP instructions to bidders Informational

Vendor Questions Worksheet Questions to bidders on background and experience

Bidder to complete and submit by proposal deadline

Schedule A – Statement of Work Statement of work Bidder to complete and submit by proposal deadline Schedule A, Exhibit 1 Drawing Informaitonal

Schedule B – Pricing Pricing for goods and services sought by the State through this

RFP

Bidder to complete and submit by proposal deadline

Contract Terms Provides legal terms for a contract awarded through this RFP

Deemed accepted by bidder unless information required in Section 8, Evaluation Process is submitted by proposal deadline

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is listed on the Cover Page. Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

3. QUESTIONS. Bidder questions about this RFP must be posted on www.michigan.gov/SIGMAVSS. no later than the time and date specified on the Cover Page. In the interest of transparency, only written questions are accepted. Answers to questions will be posted on www.michigan.gov/SIGMAVSS. Submit questions using the format below; a Microsoft Excel format or similar is suggested.

Q # Document Name Section # Page # Requirement # Bidder Question

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. Voluntary Pre-proposal meeting

A voluntary site-visitl meeting will be held as detailed on the cover sheet. You must pre-register.

Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 5 business days before the date of the meeting. Accommodation requests received outside this time cannot be guaranteed.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable (native) format (examples include, but are not limited to: Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF.

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 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.

If the vendor has difficulty submitting bid documents through the State system, the vendor can email the required bid documents to the Solicitation Manager

7. MANDATORY MINIMUM REQUIREMENTS.

a. *Contractor must be a current licensed builder with the State of Michigan. To avoid disqualification, the bidder must provide documentation to support the license by providing a copy of the license at the TIME OF BID SUBMISSION

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:

Technical Evaluation Criteria Weight

1. Schedule A-General Requirements 1.1 Work Specifications 10

2. Schedule A -1.2 Bid Submission Requirements 50

3. Schedule A-1.3 Warranties 5

4. Schedule A-1.4 Quality Assurance 6

5. Schedule A-2.7 Reporting 10

6. Schedule A-3.1 Contractor Representative 5

7. Schedule A-3.7 Disclosure of Subcontractor/s 5

8. Vendor worksheet-Experience 9 Total 100

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.

https://1.next.westlaw.com/Document/NDF51D9D11A6211E7AF4BCB5D36CD7FBD/View/FullText.html?transitionType=UniqueDocItem&contextData=(sc.Search)&userEnteredCitation=MCL+18.1261 http://michigan.gov/micontractconnect/0,4541,7-225-48677-123519--,00.html

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 electronically at BidProtest- DTMB@michigan.gov no later than seven (7) calendar days after posting the Notice of Recommendation for Award on SIGMA VSS, or by 8:00a.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.

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

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 http://www.michigan.gov/SIGMAVSS http://www.michigan.gov/SIGMAVSS mailto:BidProtest-DTMB@michigan.gov mailto:BidProtest-DTMB@michigan.gov http://www.michigan.gov/micontractconnect http://www.michigan.gov/micontractconnect 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.

http://www.legislature.mi.gov/(S(b2idoibk3wwdcrok5bm0s021))/mileg.aspx?page=getObject&objectName=mcl-18-1261 http://www.legislature.mi.gov/(S(0maooowvs1ncgfpdbtafkvxy))/mileg.aspx?page=GetObject&objectname=mcl-445-1902 http://www.legislature.mi.gov/(S(ikxtgnlhgrao5zhaug3iprvj))/mileg.aspx?page=getObject&objectName=mcl-18-1470

VENDOR QUESTIONS WORKSHEET

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

Information Sought Bidder Response 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, and phone number.

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 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.

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.

Qualified Disabled Veteran Under MCL 18.1261, a “qualified disabled veteran” means a business entity that is 51% or more owned by

Enter YES or NO.

http://www.legislature.mi.gov/(S(b2idoibk3wwdcrok5bm0s021))/mileg.aspx?page=getObject&objectName=mcl-18-1261

1 or more veterans with a service-connected disability.

A “service-connected disability” means a disability incurred or aggravated in the line of duty in the active military, naval, or air service as described in 38 USC 101(16). Are you a qualified disabled veteran?

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.

Will your company, or an employee, agent, or representative of your company, participate in the evaluation of the proposals received in response to this RFP?

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

Experience Does your company have experience working with the State of Michigan? If so, please provide a list (including the contract number) of the contracts you hold or have held with the State for the last 10 years.

Describe at least [3] relevant experiences from the last [5] years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

Experience 1 Company name Contact name Contact role at time of project Contact phone Contact email

City State Zip

1. Project name and description of the scope of the project

2. What role did your company play?

3. How is this project experience relevant to the subject of this RFP?

Dollar value Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase) Results obtained Experience 2 Company name Contact name Contact role at time of project

2. What role did your company play?

Status (completed, live, other – specify phase) Results obtained Experience 3 Company name Contact name Contact role at time of project

2. What role did your company play?

Status (completed, live, other – specify phase) Results obtained Other Abusive Labor Practices. The Contractor certifies that it will not furnish any Deliverable that was produced fully or partially by forced labor, forced or indentured child labor, or indentured servitude.

Enter YES or NO.

Certification of Michigan Business- Public Act 431 of 1984, Sec. 268. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, filed a Michigan Business Tax Corporate Income Tax Return. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, filed a Michigan Income Tax return showing income generated in, or attributed to the State of Michigan. I certify that the company has, pursuant to the provisions of Sec 268 of Public Act 431 of 1984, withheld Michigan Income Tax from compensation paid to the company’s owners and remitted the tax to the Michigan Department of Treasury.

Enter YES or NO.

Iran Linked Business- Public Act 517 of 2012. I certify that the Company is not an Iran-Linked business as defined by Public Act 517 of 2012.

Clean Corporate Citizen. I certify that the Company is a Clean Corporate Citizen as defined by the Environmental Protection Act, 1994 PA 451.

Enter YES or NO.

Convict Labor. The Contractor certifies that if using convict labor, it is complying with all applicable state and federal laws and policies.

Enter YES or NO.

SOM Debt/Tax Payment. All SOM tax/debts. I certify that all applicable State of Michigan taxes are paid, and that no outstanding debt is owed to the State of Michigan.

Enter YES or NO.

Authorization to Verify Information provided by Vendor. I authorize the State to verify that all information provided in this registration, in bidding and contracting documents, and any attachments or supplement documents and processes are accurate.

Bidder must enter company name here.

Version 1 Revised Date: 7/28/2017

Request For Proposal No. 1800003003

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.

BACKGROUND

The State of Michigan Department of Military and Veterans Affairs, Camp Grayling Joint Maneuver Training Center in Grayling MI is seeking a State of Michigan licensed residential builder to provide all labor, materials, equipment and permits to construct an open pavilion over an existing concrete pad located in the cantonment area of Camp Grayling Joint Maneuver Training Center.

SCOPE

The awarded Contractor is responsible for providing all permits, labor, materials and equipment to construct a 40x30 wooden beam or steel frame pavilion with a steel roof or multi-layer wood roof with architectural asphalt shingles according the work specifications below, the attached drawing (Exhibit 1-Drawing), and State and local building codes. No electrical or plumbing work required.

REQUIREMENTS

1. General Requirements

1.1. Work Specifications: The Contractor must provide the following at a minimum:

• Contractor must provide all labor, materials and equipment necessary to construct the open pavilion according the RFP specifications and requirements.

• The open Pavilion detailed in this RFP must be constructed according to State and Local building codes.

• Contractor must be a licensed residential builder within the State of Michigan

• Contractor is required to pull and pay for all required building permits

• Camp Grayling JMTC staff will mark all utilities.

• The roof of the pavilion is to be multi-layer wood with architectural asphalt shingles or steel purlin and metal.

• The pavilion can be constructed using wood laminate beams or steel frame construction.

• The pitch of the roof will be 5/12 pitch

• Color of products must complimentary to surrounding buildings. Final color choice is to be approved in writing by the Camp Grayling JMTC Contract Compliance Officer prior to purchase and installation.

• Grass surrounding the project area must be restored by Contractor at completion of the project. Approval of restoration will be given by the Camp Grayling JMTC Contract Compliance Officer.

• Contractor to provide the materials, labor and equipment to lay a 5’ x 6” ½” pea gravel border around the edge of existing concrete pad (See Exhibit B).

• BIDDER ACKNOWLEDGEMENT: By initialing below, Bidder acknowledges, understands and agrees to the above Requirements.

Construction of Open Pavilion at Camp Grayling Joint Maneuver Training Center

1.2 Bid Submission Requirements:

The Contactor MUST provide the following items with bid submission. If these items are not included in the bid submission the Contractor’s bid may be disqualified and not reviewed:

• A copy of State of Michigan Residential Builders License

• Detailed Bill of Materials for entire project (include quantities, description, grade, colors, etc.)

• Project Plan with Project time line detailing major milestones.

• Drawing of proposed open pavilion. Not required to be CAD nor stamped at time of bid submission.

• Disclosure of subcontractors and all items detailed in Section 3.7 (below)

BIDDER ACKNOWLEDGEMENT: By initialing below, Bidder acknowledges, understands and agrees to provide the above items at time of bid submission.

1.3. Warranties

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.

BIDDER ACKNOWLEDGEMENT: Please, detail warranties below or attach on a separate page.

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

1.4. Quality Assurance Program

Explain your Quality Assurance Program(s).

1.5. Incentives-Reserved

Version 1 Revised Date: 7/28/2017

2. Service Levels

2.1. Time Frames

All Contract Activities must be delivered within 90 calendar days from receipt of Purchase Order/Direct Order, unless otherwise mutually agreed. The receipt of order date is pursuant to Section 2, Notices, of the Standard Contract Terms.

2.2. Delivery-Delivery times, dates and locations of delivery will be pre-arranged between the Contractor and the Camp Grayling JMTC Contract Compliance Officer.

2.7. Reporting

The Contractor must submit to the Camp Grayling JMTC a Weekly Construction Progress Report.

BIDDER ACKNOWLEDGEMENT: By initialing below, Bidder acknowledges, understands and agrees to the submit a sample copy of a Weekly Construction Progress Report.

2.8. Meetings

The Contractor must attend the following meetings:

- A kick-off meeting within 10 business days from Effective Date. The kick-off meeting will be set for a mutually agreed upon time and date.

The State may request other meetings as it deems appropriate.

3. Staffing

3.1. Contractor Representative

The Contractor must appoint a Site Manager, 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”).

Bidder to detail below the Site Manager (include contact information) that will be the Contractor Representative on this contract.

3.2. Key Personnel

All personnel performing the activities detailed in this RFP must be certified and qualified to be performing these duties.

Contractor’s Site Manager must be on-site at all times when services are being performed.

3.3. Non-Key Personnel-Reserved

3.4. Organizational Chart

Provide an overall organizational chart that details staff members, by name and title, and subcontractors.

ATTACH SEPRATE SHEET WITH NAMES/TITLE/DESCRIPTION OF EXPEREINCE and submit with bid

3.5. Customer Service

The Contractor Representative must be available for calls during the hours of 8 am to 5 pm EST.

3.6. Technical Support, Repairs and Maintenance-Reserved

3.7. Disclosure of Subcontractors

If the Contractor intends to utilize subcontractors, the Contractor MUST disclose the following AT THE TIME OF BID

SUBMISSION:

The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Contractor.

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

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

above Requirements INCLUDING SUBMISSION REQUIRED AT TIME OF BID SUBMITTAL

3.8. Security

The Contractor and their staff (including subcontractors) will be subject the following security procedures:

Provide government issued id to all security and staff upon request. A list of all driver’s name must be provided to the Camp Grayling Project Manager at least 3 days prior to start of the project.

The Contractor must explain any additional security measures in place to ensure the security of State facilities.

The bidder’s staff may be required to make deliveries to or enter State facilities. The bidder must: (a) explain how it intends to ensure the security of State 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. The State may require the Contractor’s personnel to wear State issued identification badges.

4. Pricing

4.1. Price Term

Pricing is firm for a 365-day period (“Pricing Period”). The first pricing period begins on the Effective Date.

Adjustments may be requested, in writing, by either party and will take effect no earlier than the next Pricing Period.

4.2. Price Changes

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.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

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.

4.3 Electronic Catalog-Reserved

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document for the Contract will be a Purchase Order

5.2 Order Verification

The Contractor must have internal controls 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 material delivery programs (e.g., standard delivery and quick-ship), including any limitations such as quantity.

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.

above Requirements

6.2. Packaging and Palletizing-reserved.

7. Acceptance

7.1. Acceptance, Inspection and Testing

The acceptance process defined in Section 16 is the process will be used.

7.2. Final Acceptance

Final acceptance will be provided by the Contract Compliance Officer upon completion of all required RFP activities.

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) labor hours (g) shipping cost (if any); (h) total price and Delivery Order or Purchase Order number. Not providing any of this information may delay payment.

8.2. Payment Methods

The State will make payment for Contract via E.F.T. Contract must be a registered vendor with the State of Michigan in order to be awarded the contract.

8.3. Procedure

Invoices should be sent to the Buyer, at the address indication on the contract cover sheet. Invoices must contain the information specified in 8.1. The buyer will get sign off from the Contract Compliance Officer and then submit to State of Michigan Accounts Payable for payment.

9. Project Plan

The Contractor will carry out this project under the direction and control of the Contract Compliance Officer. The Contractor MUST PROVIDE a Project Plan with bid submission. The plan must include: (a) the Contractor's organizational chart with names and title of personnel assigned to the project, which must align with the staffing stated in accepted proposals; and (b) the project breakdown showing sub-projects, tasks, and resources required.

BIDDER ACKNOWLEDGEMENT: By initialing below, bidder agrees to provide a detailed project plan with bid submission.

10. Licensing and Certification The Contractor must provide a copy of State of Michigan Residential Builders License and any applicable license and certification as required by this contract to perform contract activities.

BIDDER ACKNOWLEDGEMENT: By initialing below, bidder agrees to provide copies of licenses and certifications as they pertain to the contract activities detailed in this RFP

11. Liquidated Damages-Reserved

12. Additional Requirements

12.1. 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.

12.2. 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.

12.3. Mercury Content

Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. The Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If a cost competitive alternative does exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury.

12.4. Brominated Flame Retardants

The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible.

The Contractor must disclose whether the products contain BFRs.

Exhibit 1

Version (6/2016) 1

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 8/1/2018 (“Effective Date”), and unless terminated, expires on 07/29/2019. Contract is based on funding availability and AdBoard approval

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.

If to State: If to Contractor:

Elizabeth Noffsinger Camp Grayling JMTC 1000 M-93 Building 4, Headquarters Grayling, MI 49738 989-344-6190 noffsingere@michigan.gov

[Name] [Street Address] [City, State, Zip] [Email] [Phone]

STANDARD CONTRACT TERMS

Version (6/2016) 2

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”):

State: Contractor:

Elizabeth Noffsinger Camp Grayling JMTC 1000 M-93 Building 4, Headquarters Grayling, MI 49738 989-344-6190 noffsingere@michigan.gov

[Name] [Street Address] [City, State, Zip]

4. Program Manager/ Contract Officer Representative (C.O.R.) The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract (each a “Program Manager”):

If to State: If to Contractor:

Eric Campbell Camp Grayling JMTC 1000 M-93 Building 30, CFMO Grayling, MI 49738 989-344-6799 or 517-410-04846

[Name] [Street Address] [City, State, Zip]

5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in Schedule A) if, in the opinion of the State, it will ensure performance of the Contract.

6. Insurance Requirements. Contractor must maintain the insurances identified below and is responsible for all deductibles. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State;

and (c) be provided by a company with an A.M. Best rating of "A" or better, and a financial size of VII or better.

Required Limits Additional Requirements Commercial General Liability Insurance

Minimal Limits:

$1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations

Deductible Maximum:

$50,000 Each Occurrence

Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 2010 07 04 and CG 2037 07 0.

Umbrella or Excess Liability Insurance

Minimal Limits:

$5,000,000 General Aggregate

Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds.

Version (6/2016) 3

Automobile Liability Insurance

$1,000,000 Per Occurrence

Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) include Hired and Non-Owned Automobile coverage.

Workers' Compensation Insurance

Minimal Limits:

Coverage according to applicable laws governing work activities.

Waiver of subrogation, except where waiver is prohibited by law.

Employers Liability Insurance

Minimal Limits:

$500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease.

Privacy and Security Liability (Cyber Liability) Insurance

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) cover information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability.

Version (6/2016) 4

If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the effective date of the contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least three (3) years after completion of the Contract Activities; and (c) if coverage is canceled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase extended reporting coverage for a minimum of three (3) years after completion of work.

Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or purchase order number, at Contract formation and within 20 calendar days of the expiration date of the applicable policies; (b) require that subcontractors maintain the required insurances contained in this Section; (c) notify the Contract Administrator within 5 business days if any insurance is cancelled;

and (d) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver.

This Section is not intended to and is not be construed in any manner as waiving, restricting or limiting the liability of either party for any obligations under this Contract (including any provisions hereof requiring Contractor to indemnify, defend and hold harmless the State).

7. Administrative Fee and Reporting-Reserved

8. Extended Purchasing Program-Reserved

9. Independent Contractor. Contractor is an independent contractor and assumes all rights, obligations and liabilities set forth in this Contract. Contractor, its employees, and agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Contract.

Contractor, and not the State, is responsible for the payment of wages, benefits and taxes of Contractor’s employees and any subcontractors. Prior performance does not modify Contractor’s status as an independent contractor.

9. Subcontracting. Contractor may not delegate any of its obligations under the Contract without the prior written approval of the State. Contractor must notify the State at least 90 calendar days before the proposed delegation, and provide the State any information it requests to determine whether the delegation is in its best interest. If approved, Contractor must: (a) be the sole point of contact regarding all contractual matters, including payment and charges for all Contract Activities; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in this Contract in any subcontract with a subcontractor. Contractor remains responsible for the completion of the Contract Activities, compliance with the terms of this Contract, and the acts and omissions of the subcontractor.

The State, in its sole discretion, may require the replacement of any subcontractor. Additionally, see Scope of work for notification requirements.

10. Staffing. The State’s Contract Administrator may require Contractor to remove or reassign personnel by providing a notice to Contractor.

11. Background Checks. Upon request, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.

12. Assignment. Contractor may not assign this Contract to any other party without the prior approval of the State. Upon notice to Contractor, the State, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Contract to any other party. If the State determines that a novation of the Contract to a third party is necessary, Contractor will agree to the novation and provide all necessary documentation and signatures.

13. Change of Control. Contractor will notify, at least 90 calendar days before the effective date, the State of a change in Contractor’s organizational structure or ownership. For purposes of this Contract, a change in control means any of the following: (a) a sale of more than 50% of Contractor’s stock; (b) a sale of substantially all of Contractor’s assets; (c) a change in a majority of Contractor’s board members; (d) consummation of a merger or consolidation of Contractor with any other entity; (e) a change in ownership through a transaction or series of transactions; (f) or the board (or the stockholders) approves a plan of complete liquidation. A change of control does not include any consolidation or merger effected

Version (6/2016) 5 exclusively to change the domicile of Contractor, or any transaction or series of transactions principally for bona fide equity financing purposes.

In the event of a change of control, Contractor must require the successor to assume this Contract and all of its obligations under this Contract.

14. Ordering. Contractor is not authorized to begin performance until receipt of authorization as identified in

Schedule A.

15. Acceptance. Contract Activities are subject to inspection and testing by the State within 30 calendar days of the State’s receipt of them (“State Review Period”), unless otherwise provided in Schedule A. If the Contract Activities are not fully accepted by the State, the State will notify Contractor by the end of the State Review Period that either: (a) the Contract Activities are accepted, but noted deficiencies must be corrected; or (b) the Contract Activities are rejected. If the State finds material deficiencies, it may: (i) reject the Contract Activities without performing any further inspections; (ii) demand performance at no additional cost; or (iii) terminate this Contract in accordance with Section 23, Termination for Cause.

Within 10 business days from the date of Contractor’s receipt of notification of acceptance with deficiencies or rejection of any Contract Activities, Contractor must cure, at no additional cost, the deficiency and deliver unequivocally acceptable Contract Activities to the State. If acceptance with deficiencies or rejection of the Contract Activities impacts the content or delivery of other non-completed Contract Activities, the parties’ respective Program Managers must determine an agreed to number of days for re-submission that minimizes the overall impact to the Contract.