STATE OF MICHIGAN

Department of Technology, Management and Budget—Procurement

Radar and Lidar Speed Measurement Equipment Request for Proposal No. 210000000198

Solicitation Manager Name: Sue Cieciwa Direct Phone: 517-249-0458 Email: cieciwas@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Proposal (RFP) for:

Radar and Lidar Speed Measurement Equipment for Law Enforcement Personnel as described in Schedule A (the “Contract Activities”).

RFP Timeline

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

November 23, 2020

*A bidder’s proposal received at 3:00:01 p.m. Eastern is late and subject to disqualification.

This RFP is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name in the header of all documents submitted with your proposal.

RFP Structure and Documentation

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

3. MODIFICATIONS. The State may modify this RFP at any time. Modifications will be posted on www.michigan.gov/SIGMAVSS . This is the only method by which the RFP may be modified.

4. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager at cieciwas@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.

5. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

6. MANDATORY MINIMUM REQUIREMENTS. To avoid disqualification, the bidder must provide documentation to support the following:

· The Bidder must be the manufacturer, or an authorized distributor of the speed measurement products proposed to the State. The State reserves the right to independently verify authorized distributor status directly with the manufacturer.

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

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

Proposals receiving 80 or more 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 veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: https://www.michigan.gov/dtmb/0,5552,7-358-82550_85746_48677-412612--,00.html.

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

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

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

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

10. RESERVATIONS. The State reserves the right to:

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

b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your preparation and submission of a proposal, and the State’s subsequent receipt and evaluation of your proposal does not commit the State to award a contract to you or anyone, even if all the requirements in the RFP are met.

c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the State received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or (iv) the award process fails to result in an award.

d. Consider an otherwise disqualified proposal, if no other proposals are received.

e. Disqualify a proposal based on: (i) information provided by the bidder in response to this RFP; (2) the bidder’s failure to complete registration on www.michigan.gov/SIGMAVSS ; or (3) if it is determined that a bidder purposely or willfully submitted false or misleading information in response to the RFP.

f. Consider prior performance with the State in making its award decision.

g. Consider overall economic impact to the State when evaluating proposal pricing and in the final award recommendation. This includes but is not limited to: considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, and economically disadvantaged businesses.

h. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating proposal pricing and in the final award recommendation.

i. Refuse to award a contract to any bidder that has failed to pay State taxes or has outstanding debt with the State.

j. Enter into negotiations with one or more bidders on price, terms, technical requirements, or other deliverables.

k. Award multiple, optional-use contracts, or award by Contract Activity.

l. Evaluate the proposal outside the scope identified in the Evaluation Process section of this document if the State receives only one proposal.

11. 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 the Evaluation Process section of this document, and price, as demonstrated by the proposal. The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS .

12. DEBRIEF MEETING AND BID PROTEST. The State will post an Award Recommendation and Evaluation Synopsis, which will provide instructions on how to request a debrief meeting

If you wish to initiate a protest of the award, you must submit your written protest electronically at BidProtest-DTMB@michigan.gov no later than 3:00 p.m., 5 calendar days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS, or by 3:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS.

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

13. STATE ADMINISTRATIVE BOARD. Contracts equal to $250,000 or greater than require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, its approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

14. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the bidder, the State may, at its option, incorporate any part of the bidder’s proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the State’s environment or contain all matters upon which agreement must be reached. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

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

a. SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process.

i. Complete and sign Section 1 of the CT Form if the bidder does NOT request confidential treatment of information contained in its proposal; or

ii. Complete and sign Section 2 of the CT Form if the bidder requests confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

b. FOIA REQUESTS. If a FOIA request is made for a bidder’s proposal, the Public Copy may be distributed to the public along with the bidder’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

c. NO ADVICE. The State will not advise a bidder as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

d. FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

e. Bids containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Bidders may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL 18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

f. Bidder forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of bidder’s proposal submitted under this RFP. Bidder must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of bidder’s proposal submitted under this RFP that bidder has identified as a trade secret, or financial or proprietary information. The State will notify bidder in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense, or any portion thereof, if the State deems necessary. Bidder will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

CONFIDENTIAL TREATMENT FORM (CT FORM)

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information.

Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. See the Confidential Treatment Form and The Freedom of Information Act section of the Proposal Instructions for additional information.

Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED

This section must be completed, signed, and submitted with the proposal if bidder does not request confidential treatment of any material contained in the proposal.

By signing below, the bidder affirms that confidential treatment of material contained in the proposal is not requested.

[Printed Name] [Title] [Company]

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED

The section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary. The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) identifies whether the material is a trade secret (TS), financial information (FI), or proprietary information (PI); (2) explains the specific legal grounds that support treatment of the material as TS, FI, or PI; and (3) provides the contact information for the person at bidder’s organization authorized to respond to inquiries by the State concerning the material. Bidders must not simply cite to an applicable act or case name; rather, bidders must provide a complete justification as to how the material falls within the scope of an applicable act or relevant case law.

CONFIDENTIAL TREATMENT FORM (CT FORM)

By signing below, the bidder affirms that confidential treatment of material contained in its proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

[Printed Name] [Title] [Company]

VENDOR QUESTIONS WORKSHEET

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

1. Contact Information

Bidder’s sole contact person during the RFP process. Include name, title, address, email, and phone number.

Person authorized to receive and sign a resulting contract. Include name, title, address, email, phone number and vendor customer code in SIGMA VSS.

2. Company Background Information

Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number

Website address

Number of years in business and number of employees

Legal business name and address of parent company, if any

Has there been a recent change in organizational structure (e.g., management team) or control (e.g., merger or acquisition) of your company? If the answer is yes: (a) explain why the change occurred and (b) how this change has affected your company.

Discuss your company’s history. Has growth been organic, through mergers and acquisitions, or both?

Has bidder ever been debarred, suspended, or disqualified from bidding or contracting with any entity, including the State of Michigan? If yes, provide the date, the entity, and details about the situation.

Has your company been a party to litigation against the State of Michigan? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction.

Within the last 5 years, has your company or any of its related business entities defaulted on a contract or had a contract terminated for cause? If yes, provide the date, contracting entity, type of contract, and details about the termination or default.

State your gross annual sales for each of the last 5 years.

If receiving a contract under this RFP will increase your gross revenue by more than 25% from last year’s sales, explain how the company will scale-up to manage this increase.

Describe partnerships and strategic relationships you think will bring significant value to the State.

State the physical address of the place of business that would have primary responsibility for this account if bidder is awarded a contract under this RFP.

3. Qualified Disabled Veteran/Service-Disabled Veteran-Owned Business Program

To demonstrate qualification as a qualified disabled veteran, you must provide:

(a) Proof of service and conditions of discharge (DD214 or equivalent);

(b) Proof of service-connected disability (DD214 if the disability was documented at discharge or Veterans Administration Rating Decision Letter or equivalent if the disability was documented after discharge); and

(c) Legal documents setting forth the ownership of the business entity.

In lieu of the documentation identified above, you may provide proof of certification by the National Veterans Business Development Council.

Enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

Did your company, an employee, agent, or representative of your company, or any affiliated entity participate in developing any component of this solicitation? For purposes of this question, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly: (1) either one controls or has power to control the other or (2) a third-party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities or equipment, and common use of employees.

Enter YES or NO.

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

If you enter “YES,” you are not eligible for contract award. An awarded vendor may not partner or subcontract with anyone to provide goods and services required under a resulting contract if that subcontractor or partner assisted in the development of this solicitation.

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

5. State of Michigan Experience and Prior Experience

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

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

Experience 1

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

City State Zip

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

2. What role did your company play?

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

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

Experience 2

Company name

Contact role at time of project

City

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

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

Experience 3

Company name

Contact role at time of project

City

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

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

6. Standard Contract Terms

Bidder must affirm agreement with the attached Contract Terms. If not in agreement, written exceptions in accordance with the Evaluation Process section of the Proposal Instructions must be provided with Bidder’s proposal.

7. Michigan Economic Impact

Number of employees currently employed at locations within the State of Michigan

Number of additional employees to be employed at locations within the State of Michigan if awarded this Contract (if any)

Minimum wage paid to employees employed at locations within the State of Michigan

Average wage paid to employees employed at locations within the State of Michigan

Percentage of employees employed at locations within the State of Michigan that are covered by employer-provided health insurance

8. Other

Bidder must enter company name here.

Version 10 (1/2020) 2

Request For Proposal No. 210000000198 Radar and Lidar Speed Measurement Equipment

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 request is to establish a multi-year Contract for radar and lidar speed measurement equipment, parts and accessories, service, warranty, and extended warranty. The State anticipates a multiple-vendor contract award from this solicitation.

The State reserves the right to modify Contract items to meet the State of Michigan’s needs as well as MiDEAL, other states or their political subdivisions.

Mandatory Minimum Requirements Bidder certifies they meet the Mandatory Minimum Requirements, as specified in Section 6. Proposal Instructions:

Bidder Response to Mandatory Minimum Requirements:

Bidder must provide documentation to support that they are the manufacturer, or an authorized distributor of the speed measurement products proposed to the State.

The State reserves the right to independently verify authorized distributor status directly with the manufacturer.

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

BACKGROUND

Traffic radar/lidar measure the speed of vehicles operating on the roadways of Michigan. In Michigan, 33% of vehicle crashes are related to speed. These devices are used to enforce the speed limit in the State of Michigan. This enforcement reduces traffic crashes, injury, death, and property damage.

SCOPE

This Contract is for the purchase of Radar and Lidar speed measurement devices for the State of Michigan law enforcement personnel. This Contract also includes service, warranty, extended warranty, parts, and accessories.

REQUIREMENTS

1. General Requirements

1.1. Product Specifications

Bidder must provide the following Deliverable(s):

Definite specifications - All Deliverable(s) must conform to the specifications.

All speed measurement devices must meet the following specifications, as specified in Schedule C:

· Performance Specifications for Speed-Measurement Equipment

· Standard for the Procurement of Speed-Measurement Equipment

· Only speed measurement devices that appear on the National Highway Traffic Safety Administration (NHTSA) Conforming Product List (CPL), for Radar and Lidar Devices, in effect and published as of the scheduled Bid Due Date for this RFP, must be considered for purchase and use in Michigan under contracts resulting from this RFP.

· It must be the manufacturer’s responsibility to maintain an active certification of equipment on the NHTSA CPL, throughout the Contract period without lapse in effective dates. Failure to maintain an active certification may be cause for the State of Michigan to hold the Contractor in default.

Equipment must be new, unused and in original unopened packaging.

Minimum Product Service Life.

All radar and lidar speed measurement equipment must have a minimum product service life of five (5) years from date of receipt by the Agency. Contractor guarantees replacement parts availability to the Agency for such minimum product service life. Contractor must stock or have immediate access to replacement parts.

Product Information The awarded Contractor(s) must provide descriptive literature to any agency on a direct basis, as requested.

Contractor must provide the Agency, at no charge, operating manuals, installation manuals, and service manuals pertaining to the Radar and Lidar speed measurement equipment.

Bidder Response to Section 1.1. Product Specifications:

1.2. Warranties

The Contractor must provide a manufacturer’s warranty on all radar and lidar speed measurement equipment. 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.

Minimum Warranty All speed measurement devices, antennas, associated mounting brackets, connecting cables, and weather protective covering, and construction must be fully warranted against all defects in design, materials and/or workmanship for a minimum of three (3) years. Warranty period specified must begin when speed measurement equipment is delivered and accepted following inspection by the Agency. All parts and labor are to be furnished by the manufacturer.

During the warranty period, any warranty replacement or repair including the cost to install replacement parts and the shipping and handling costs to and from the manufacturer’s repair facility must be paid by the Contractor and will be at no cost to the Agency.

Bidders must discuss their acceptance to this provision.

Factory Repair Facilities Bidder should disclose a list of any factory authorized repair facilities located in the State of Michigan and adjacent states for the speed measurement devices offered in the bid.

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

Bidder Response to Section 1.2. Warranties:

1.3. Recall Requirements and Procedures

The Contractor must notify the State’s Contract Administrator and Program Manager via email and phone call or message within one (1) business day of any recall or safety notices relating to any and all speed measurement equipment and components purchased under the Contract. In addition, this notice must be received in writing within three (3) business days, as specified in Section 2. Notices of the Standard Contract Terms of this Contract.

Bidders must discuss their acceptance to this provision.

The Contractor is responsible for picking up and replacing or issuing credit for all products that are subject to recall at no additional charge to the Agency.

The Contractor must describe any recall procedures.

Bidder Response to Section 1.3. Recall Requirements and Procedures:

1.4. Quality Assurance Program

The Contractor must maintain a quality control system consistent with industry practices and standards.

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

Bidder Response to Section 1.4. Quality Assurance Program:

1.5. Incentives

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

Bidder Response to Section 1.5. Incentives:

1.6 Quantity

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

Bidder Response to Section 1.6. Quantity:

2. Service Levels

2.1. Time Frames

All Contract Activities must be delivered within 30 calendar days from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

Bidder Response to Section 2.1. Time Frames:

2.2. Delivery

Delivery will be expected within 30 calendar days upon date of order. Delivery location will be specified on the Delivery Order (DO).

Bidder Response to Section 2.2. Delivery:

2.3. Technical Support and Repairs

If the Agency requires technical support, Agency staff will first trouble shoot the issue. If the Agency staff is unable to resolve the issue, the Agency will contact the Contractor to provide technical support within 24 hours of the initial call. If the Contractor determines that a repair is necessary, the Contractor will confirm if the unit is covered under warranty or is out of warranty. All repairs will be sent directly to the Contractor or a factory pre-authorized third-party repair facility for service.

Bidder Response to Section 2.3. Technical Support and Repairs:

2.4. Maintenance

On-site maintenance must be performed according the recommended manufacturer maintenance schedule.

Bidder Response to Section 2.4 Maintenance:

2.5. Training

The Contractor must explain its training capabilities and any training that is included in its proposal.

Bidder Response to Section 2.5. Training:

2.6. Reporting

The Contractor must compile and submit on a quarterly basis an itemized purchasing activity report containing the following information:

· Manufacturer

· Date certified

· Model of device

· Serial number

· Agency to which the device was shipped

· Name of person that certified the device

· State of Michigan Contract Number applicable to the sale of the unit

Reports are to be submitted via email to the Agency Program Managers and to the Contract Administrator. Reports must be in an Excel spreadsheet format. The Contractor must submit the quarterly report within 10 days from the last day of every quarter. Quarters begin on January 1, April 1, July 1, and October 1. Within 30 days of the Contract Effective Date, the Contractor will submit a final report format to the Agency Program Managers for final approval.

The State and/or Program Managers reserves the right to request additional reports, which must be at no charge.

Bidder Response to Section 2.6. Reporting:

2.7. Meetings

The State may request meetings as it deems appropriate, which must be at no charge.

Bidder Response to Section 2.7 Meetings:

3. Staffing

3.1. Contractor Representative

The Contractor must appoint one or more knowledgeable individuals, 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 must notify the Contract Administrator at least 10 calendar days before removing or assigning a new Contractor Representative.

Bidder Response to Section 3.1. Contractor Representative:

3.2. Key Personnel

The Contractor must appoint three individuals (Vice President of Sales, Regional Sales Manager, and Customer Service Manager) who will be directly responsible for the day to day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquires within 24 hours.

The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause. The State may request a résumé and conduct an interview before approving a change. The State may require a 30-calendar day training period for replacement personnel.

Bidder Response to Section 3.2 Key Personnel:

3.3. Customer Service Toll-Free Number

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

Bidder Response to Section 3.3. Customer Service Toll Free Number:

3.4. Technical Support, Repairs and Maintenance

The Contractor must specify its toll-free number for the State to make contact with the Contractor for technical support, repairs and maintenance. The Contractor must be available for calls and service during the hours of 8 am to 5 pm EST.

Bidder Response to Section 3.4. Technical Support, Repairs and Maintenance:

3.5. Disclosure of Subcontractors

If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

Bidder Response to Section 3.5. Disclosure of Subcontractors:

Legal Business Name of Subcontractor:

Address of Subcontractor:

Telephone Number of Subcontractor:

Description of Subcontractor’s organization and services Subcontractor will provide

Information supporting Subcontractor’s ability to provide the Contract Activities

Relationship of Subcontractor to the Contractor

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

Complete description of Contract Activities that will be performed or provided by the Subcontractor

3.6. Security

The Contractor will be subject the following security procedures: All personnel accessing criminal justice information systems or facilities are required to pass a fingerprint-based background check performed by the Michigan State Police. Any criminal convictions may result in the Contractor being refused access to the facility.

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

The Contractor’s staff may be required to make deliveries to or enter State facilities. The Contractor 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.

Bidder Response to Section 3.6. Security:

4. Pricing

4.1. Price Term

Pricing provided in Schedule B, Pricing is firm for the Contract.

Bidder must check the box below, confirming agreement to Section 4.1 Price Term

I have reviewed the above requirements and agree.

4.2. Price Changes

After the initial Contract Term, 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.

Bidder must check the box below, confirming agreement to Section 4.2 Price Changes

I have reviewed the above requirements and agree.

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document for the Contract will be a Delivery Order.

Bidder must check the box below, confirming agreement to Section 5.1 Authorizing Document

I have reviewed the above requirements and agree.

5.2 Order Verification

The Contractor must have internal controls, approved by Central Procurement Services, to verify abnormal orders and to ensure that only authorized individuals place orders and that non-State public entities are current MiDEAL members www.michigan.gov/mideal.

Bidder Response to Section 5.2 Order Verification:

5.3 Minimum Order

The State requests there is no minimum order requirement.

Bidder Response to Section 5.3 Minimum Order:

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.

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 Response to Section 6.1 Delivery Programs:

6.2. Packaging and Palletizing

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

Bidder must check the box below, confirming agreement to Section 6.2 Packaging and Palletizing

I have reviewed the above requirements and agree.

7. Acceptance

7.1. Acceptance, Inspection and Testing

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

All items received must meet specifications specified in Section 1.1 and Schedule C, Specifications. Any items that do not conform to specifications will be rejected and will be returned to the Contractor at the Contractor’s expense.

Bidder must check the box below, confirming agreement to Section 7.1 Acceptance

I have reviewed the above requirements and agree.

7.2. Final Acceptance

The State will use the following criteria to determine acceptance of Deliverable(s):

1) Speed measurement devices must be shipped to the locations as requested in Delivery Order(s)

2) Each order placed must be delivered in the quantities ordered and within the timeframe outlined in the Contract

3) The Program Manager, or their designee, will approve acceptance of goods upon delivery

Bidder must check the box below, confirming agreement to Section 7.2 Final Acceptance

I have reviewed the above requirements and agree.

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include:

(a) Date

(b) Invoice Number

(c) Master Agreement Number

Only properly submitted invoices will be officially processed for payment.

Bidder Response to Section 8.1. Invoice Requirements:

8.2. Payment Methods

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

Bidder must check the box below, confirming agreement to Section 8.2 Payment Methods

I have reviewed the above requirements and agree.

9. Project Plan The Contractor will carry out this project under the direction and control of the Program Manager. Within 30 calendar days of the Effective Date, the Contractor will submit a project plan to the Program Manager for final approval. 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 Response to Section 9. Project Plan:

10. Licensing Agreement The Contractor must provide a copy of any applicable licensing agreement.

Bidder Response to Section 10. Licensing Agreement:

11. Additional Requirements

11.1. 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 Response to Section 11.1. Environmental and Energy Efficient Products:

11.2. Hazardous Chemical Identification

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

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

Bidder Response to Section 11.2. Hazardous and Chemical Identification:

11.3. 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.

Bidder Response to Section 11.3 Mercury Content:

11.4. Brominated Flame Retardants

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