Michigan.gov/MiProcurement

ATTACHMENT A: ALLOWABLE ITEMS WITHOUT GATE MANIFEST

Department of Technology Management and Budget Industrial Hygiene Consultant and Management Services Request for Proposal No. 210000000761 Solicitation Manager Name: Douglas Glaser Direct Phone:517-898-3982 Email: glaserd@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724 This is a Request for Proposal (RFP) for:

Industrial Hygiene Consultant and Management Services

RFP Timeline

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

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

Schedule A – statement of work contract activities proposal instructions

Version 11(5/2020)

Version 12 (10/2020) 2

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

PREA STANDARDS – FINAL

Adult Prisons and Jails

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

5. DELIVERY OF PROPOSAL.

Electronic – The bidder 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.

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

6. 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: Michigan.gov/SDVOB.

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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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., 7 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.

12. 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.

13. 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.

14. 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.

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.

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

i. 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.

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 (FOIA) sections 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 the 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 their proposal is not requested.

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company confidential treatment form

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This 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 the Proposal Page #, Section #, and Paragraph #, (2) Identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), (3) Explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA Exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name, and (4) Provides the contact information for the person at Bidder’s organization authorized to respond to inquiries by the State concerning the material.

(1) Proposal Page #, Section #, Paragraph # (2) Material is Trade Secret (TS), Proprietary Financial Information (FI), Proprietary Information (PI) (3) Applicable FOIA Exemption with Written Justification (4) Bidder Contact Information

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

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company confidential treatment form

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

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

vendor questions worksheet

Contractor must enter company name here.

Request for Proposal (RFP) No. 210000000761 Industrial Hygiene Consultant and Management Services 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, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required.

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.

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click one checkbox and complete the entries as identified.

BACKGROUND

The State seeks a new statewide Contract for Industrial Hygiene Consulting and Management Services, such as asbestos inspection & management planning, in-house laboratory services, analysis of samples, third party asbestos monitoring of industrial hygiene services, including indoor air quality investigations, general industrial hygiene investigations/inspections, lead inspection & sampling, lead risk assessment, lead supervision and State of Michigan certified lead instruction. Industrial hygiene and consulting services are needed to protect the health and safety of workers and visitors to State office buildings. Services range from air quality monitoring, lead cleanup and monitoring asbestos abatement projects in which maintenance staff are involved. Contractually engaging these professional services in advance allows the State to move quickly when services are needed, especially in environmental emergencies. Industrial hygiene consulting and management services are required to maintain and keep open State owned and managed facilities.

SCOPE

The scope of this Contract includes, but is not limited to, the following:

a) Inspecting / investigating for, and the sampling of, lead, molds, and asbestos, and other possible in-door air contaminants;

b) Testing and laboratory analysis of those samples;

c) Managing and monitoring a cleaning (abatement) contractor; and

d) Evaluating and retesting / resampling to confirm whether the cleaning (abatement) service(s) provided to the State were adequate.

e) Consulting with the State and making recommendations regarding a given site and its possible health and safety risks to staff or the public, various safety programs, etc.

2) These services are provided for all State-owned facilities, which includes, but is not limited to, office buildings and facilities, power plants, mechanical rooms, and tunnels, etc.

3) The State is unable to predict the exact volume of needed industrial hygiene services during any given year. The State is also unable to predict, for any given project assignment, the level of risk from possible environmental hazards, depth of services required, amount of monitoring for site cleaning or restoration (as this depends on the significance of the samples tested, the contaminated materials, other environmental hazards, etc.). Therefore, this Contract is based on immediate service delivery as needed or as directed by the designated Program Manager.

4) Abatement services (including, but not limited to, asbestos, mold, and lead) are considered out of scope of this Contract.

REQUIREMENTS: The successful Contractor must provide all labor, materials, services, etc., required to perform all of the tasks outlined in Schedule A, below:

1) Contractor must provide industrial hygiene consulting services, to include, but not limited to, the following, pursuant to OSHA standards 29 CFR 1926.1101 for asbestos and CFR 1926.62 for lead:

a) 29 CFR 1926.1101 for asbestos: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10862

b) CFR 1926.62 for lead: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10641

List all exception(s):

2) The Contractor must provide Industrial Hygiene management and consulting services, for asbestos, lead, molds, or other possible environmental contaminants, as requested by the Program Manager, to include:

a) Inspection / investigation:

i) Air samples on each project that shall include background, inside area, outside area, contractor STEL, contractor PEL and final clearance.

ii) Test the following gases with direct read instrumentation:

(1) Carbon Dioxide

(2) Hydrogen Sulfide

(3) Carbon Monoxide

(4) Oxygen

(5) Methane Gas (Lower explosive limit methodology is acceptable)

List all exception(s):

b) Sampling:

i) The Contractor must determine the appropriate sampling methods to assure building occupants and Contractor health and safety.

List all exception(s):

Bidder must explain its approach to determining the appropriate sampling methods.

ii) The Contractor must submit the methods used for vinyl asbestos floor tile bulk sample analysis and air sample analysis per Michigan Occupational Safety and Health (MIOSHA) or AHERA (Asbestos Hazard Emergency Response Act).

List all exception(s):

iii) Phase Contrast Microscopy (PCM) sampling material, equipment, and analysis costs must be included in the hourly fee for the Contractor’s staff.

List all exception(s):

iv) Lead Wipe Sampling:

(1) Dust wipe samples must be collected in adherence to the ASTM E1792-3 method. All samples must be collected in a one square foot disposable template. If due to a limited surface area and one square foot accessibility is not available, those sampling areas will be estimated.

(2) Samples must be collected in a random manner to ensure a high confident test result. On average 25 to 30 samples per survey. All dust samples will be located on an installation floor plan.

(3) Samples of the suspect materials collected during the site inspection must be submitted to an Analytical Laboratory that maintains current accreditation by the National Lead Laboratory Accreditation Program to determine lead concentration.

(4) Submit a summary of the survey, analytical data, floor plan with sampling locations and lead concentrations for records (see Reporting, section 10). Any testing area over 40 ug/ft2 will be deemed contaminated.

List all exception(s):

c) Consulting (including risk assessment)

List all exception(s):

Bidder must explain its approach to providing consulting services, inclusive of risk assessment.

d) Analysis Reports; see Reporting (Item 10) for details

List all exception(s):

e) Management planning

i) Abatement project design

ii) Abatement instruction

List all exception(s):

Bidder must explain its approach to providing management planning services.

f) Laboratory testing services:

i) For air samples using PCM;

ii) For bulk samples using polarized light microscopy (PLM);

iii) Transmission Electron Microscopy (TEM) Services (either in-house or through another accredited laboratory).

iv) MI-OSHA.

List all exception(s):

g) Indoor air quality investigations

List all exception(s):

Bidder must explain its indoor air quality investigation process and any resulting deliverables.

h) State of Michigan certified lead instruction training and associated materials.

List all exception(s):

Bidder must explain its certified lead instruction program.

i) Other occupational safety and health related services, as requested, such as:

i) Health and Safety Program development

ii) Health and Safety Program audit

iii) MI-OSHA compliance

List all exception(s):

Bidder must explain its other occupational health and safety services such as (but not limited to) those above.

3) Maintain and provide the following memberships and accreditations:

a) The American Industrial Hygienists Association (AIHA), Proficiency Analytical Testing (PAT) Program

b) The National Voluntary Laboratory Accreditation Program (NVLAP) Bulk Sample Analysis Certification Program

c) An Inter-and Intra-Laboratory Quality Control Program per the 29 CFR 1926.1101 asbestos standard

d) Environmental Monitoring Laboratory Accreditation Program (EMLAP)

List all exception(s):

4) Additional Service Requirements:

a) For environmental emergencies, Contractor must contact Program Manager within 15 minutes via telephone, and then once onsite, contact within one hour via telephone.

b) Likewise, for rush abatement projects, Contractor will be onsite overseeing a contractor within 12 hours from project assignment.

c) Once the State makes any corrections to the preliminary reports, and forwards the corrected document to the Contractor, within seven (7) business days the Contractor must forward the State the final report for review and comment.

List all exception(s):

5) Additional Terms and Conditions specific to this RFP

a) Contractor assures that its license of registration to provide this service is current. Contractor agrees to provide the Agency with a photocopy of its license(s)/registration(s) upon request.

b) Contractor must comply with all laws, rules and regulations, including, but not limited to:

i) Health, Safety and Fire Codes: All applicable fire, health, and safety codes and shall provide appropriate evidence of such compliance upon request by the Contract Compliance Inspector.

ii) 29 CFR Section 1926.1101, Asbestos, which regulates work practices for asbestos exposure in all work.

List all exception(s):

6) Staffing

a) Contractor Representative:

i) The Contractor must appoint one (1) individual to serve as the “Contractor Representative,” specifically assigned to State of Michigan accounts, who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc.

ii) The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning a new Contractor Representative.

iii) The Contractor Representative must respond to State inquiries within fifteen (15) minutes.

List all exception(s):

Bidder must identify its Contractor Representative and include a chronological resume for this individual:

b) 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 8:00 am to 5:00 pm EST.

List all exception(s):

Bidder must identify its Customer Service Toll-Free Number:

c) Work Hours: The Contractor must provide Contract Activities during the State’s normal working hours Monday – Friday, 8:00 a.m. to 5:00 p.m. EST and possible night and weekend hours depending on the requirements of the project.

List all exception(s):

d) Key Personnel: The Contractor must appoint one (1) Project Manager and relevant additional staff 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 inquiries within fifteen (15) minutes.

i) Project Manager:

(1) This position must be filled by the prime Contractor; this position may not be subcontracted to another vendor.

(2) Contractor must provide one (1) person to serve and fulfill this role, although this individual may also fulfill more than one role on assigned projects.

(3) Minimum education and experience must include not less than either certification as Certified Industrial Hygienist (CIH) or as a Certified Safety Professional (CSP), with not less than two (2) years of professional experience managing, assigning or supervising other CIH’s, CSP’s, or PCM Analysts, and must also include not less than three (3) years of relevant field experience.

ii) Additional Staff:

(1) Bidders must include a description of all additional staff that will be assigned to fulfill the requirements of this Contract. Persons with appropriate State of Michigan certifications and under the direct oversight of a person with an appropriate Certification as Certified Industrial Hygienist (CIH) or Certified Safety Professional (CSP) must perform all services under this Contract.

(2) PCM analysts must be trained according to the National Institute for Occupational Safety and Health (NIOSH) 582 course. Industrial hygiene technicians must be equipped and trained to analyze PCM samples on-site.

(3) Inspectors, Management Planners, Project Designers, Project Administrators, and Instructors must be State of Michigan certified.

(4) At least one Contractor staff member is required to be permanently located within 100 miles of the State Capital Complex in Lansing, Michigan.

(a) The State will not pay for travel unless a Contractor staff member has to travel more than 100 miles from the State Capital Complex in Lansing.

(i) Contractor reimbursement for travel expenses at the State rates in effect on the date of travel. The State rates are posted on the website located at:

https://www.michigan.gov/dtmb/0,5552,7-358-82548_13132---,00.html. aa.

(ii) The daily compensation and travel reimbursement will be processed and disbursed within 45 days of the work activity.

(iii) The per item compensation will be processed and disbursed within 45 days after the respective item receives a review and approval by the Program Manager.

(iv) It is expected that reimbursements will be processed once per month (as a batch) for all items approved the previous month.

(b) All other Contractor staff must be available on site within 24 hours’ notice.

iii) The State has the right to recommend and approve in writing the initial assignment, as well as any proposed reassignment or replacement, of any Key Personnel. Before assigning an individual to any Key Personnel position, Contractor will notify the State of the proposed assignment, introduce the individual to the State’s Project Manager, and provide the State with a resume and any other information about the individual reasonably requested by the State. The State reserves the right to interview the individual before granting written approval. In the event the State finds a proposed individual unacceptable, the State will provide a written explanation including reasonable detail outlining the reasons for the rejection. The State may require a 30-calendar day training period for replacement personnel.

iv) Contractor will not remove any Key Personnel or the Contractor Representative from their assigned roles on this Contract without the prior written consent of the State. The Contractor’s removal of Key Personnel or the Contractor Representative without the prior written consent of the State is an unauthorized removal (“Unauthorized Removal”). An Unauthorized Removal does not include replacing Key Personnel or the Contractor Representative for reasons beyond the reasonable control of Contractor, including illness, disability, leave of absence, personal emergency circumstances, resignation, or for cause termination of the Key Personnel’s or the Contractor Representative’s employment. Any Unauthorized Removal may be considered by the State to be a material breach of this Contract, in respect of which the State may elect to terminate this Contract for cause under the Termination for Cause section of the Standard Contract Terms. It is further acknowledged that an Unauthorized Removal will interfere with the timely and proper completion of this Contract, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any Unauthorized Removal. Therefore, Contractor and the State agree that in the case of any Unauthorized Removal in respect of which the State does not elect to exercise its rights under Termination for Cause, Contractor will issue to the State the corresponding credits set forth below (each, an “Unauthorized Removal Credit”):

v) For the Unauthorized Removal of any Key Personnel or the Contractor Representative designated in the applicable Statement of Work, the credit amount will be $25,000.00 per individual if Contractor identifies a replacement approved by the State and assigns the replacement to shadow the Key Personnel or the Contractor Representative who is leaving for a period of at least 30-calendar days before the Key Personnel’s or the Contractor Representative’s removal.

vi) If Contractor fails to assign a replacement to shadow the removed Key Personnel or the Contractor Representative for at least 30-calendar days, in addition to the $25,000.00 credit specified above, Contractor will credit the State $833.33 per calendar day for each day of the 30-calendar day shadow period that the replacement Key Personnel or the Contractor Representative does not shadow the removed Key Personnel or the Contractor Representative, up to $25,000.00 maximum per individual. The total Unauthorized Removal Credits that may be assessed per Unauthorized Removal and failure to provide 30-calendar days of shadowing will not exceed $50,000.00 per individual.

vii) Contractor acknowledges and agrees that each of the Unauthorized Removal Credits assessed above: (i) is a reasonable estimate of and compensation for the anticipated or actual harm to the State that may arise from the Unauthorized Removal, which would be impossible or very difficult to accurately estimate; and (ii) may, at the State’s option, be credited or set off against any fees or other charges payable to Contractor under this Contract.

List all exception(s):

e) The Contractor must identify all Key Personnel that will be assigned to this contract in the table below which includes the following:

i) Name and title of staff that will be designated as Key Personnel.

ii) Key Personnel years of experience in the current classification.

iii) Key Personnel’s roles and responsibilities, as they relate to this RFP, if the…