Michigan.gov/MiProcurement

PROPOSAL INSTRUCTIONS

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Department of Military and Veterans Affairs

Concrete Materials for Camp Grayling MTC Request for Proposal No. 210000000782

Solicitation Manager Name: Elizabeth Noffsinger Direct Phone:989-619-6864

Email: noffsingere@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Proposal (RFP) for:

Purchase of various type of concrete materials and supplies

RFP Timeline Event Time Date

RFP issue date N/A Thursday, February 17, 2021

Deadline for bidders to submit questions about this RFP

3:00 p.m. Eastern Thursday, February 25, 2021

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

2:00 p.m. Monday, March 7, Proposal deadline* 3:00 p.m. Eastern Monday, March 17, 2021

Anticipated contracts begin date N/A Wednesday, March 31, 2021

*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

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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

Confidential Treatment Form

Required verification on whether bidder’s proposal contains confidential information

Bidder to complete and submit by proposal deadline

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 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 the Evaluation Process section of this document 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

Version 12 (10/2020) 3 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 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 and Section Page # Bidder Question

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

Technical Evaluation Criteria Weight

1. Service Requirements-Schedule A, Statement of Work, Section 2 25 http://www.michigan.gov/SIGMAVSS

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Technical Evaluation Criteria Weight

2. Requirements-Schedule A, Statement of Work, Section 1 25

3.

Disclosure of Subcontractors-Schedule A, Statement of Work, Section 3.2

4. Service Requirements, Schedule A, Statement of Work, Section 2 30

5. Vendor Questions Worksheet 25 Total 100

Proposals receiving 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.

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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.

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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 to the Proposal Manager 3 calendar days after posting the Award Recommendation and Evaluation Synopsis or by 10:00.am the next ext business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

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

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.

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.

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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

Version 12 (10/2020) 8 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

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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

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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

VENDOR QUESTIONS WORKSHEET

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

Information Sought Bidder Response

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

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Information Sought Bidder Response 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

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

Enter YES or NO.

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

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

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Information Sought Bidder Response 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.

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 are awarded a contract under this solicitation, in order to provide the goods or services required under a resulting contract, do you intend to partner or subcontract with a person or entity that assisted in the development of this solicitation?

Enter YES or NO.

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.

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?

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.

5. State of Michigan Experience and Prior Experience

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Information Sought Bidder Response 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 2 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.

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Information Sought Bidder Response State.

Zip.

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

State.

Zip.

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

2. What role did your company play?

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.

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Information Sought Bidder Response

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

Average wage paid to employees employed at

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

8. 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.

Enter YES or NO.

Clean Corporate Citizen. I certify that the Company is a Clean Corporate Citizen as

Enter YES or NO.

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Information Sought Bidder Response defined by the Environmental Protection Act, 1994 PA 451.

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.

Enter YES or NO.

SCHEDULE A – STATEMENT OF WORK

CONTRACT ACTIVITIES

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Contractor must enter company name here.

Request for Proposal (RFP) No. 210000000782 Concrete Materials for Camp Grayling MTC

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

In accordance with the Department of Military and Veterans Affairs (DMVA), Camp Grayling Maneuver Training Center (CGMTC) in Grayling, Michigan annual cyclical maintenance and improvements program, this solicitation is for the delivery of various concrete materials to Camp Grayling on an on-call basis. This contract will be for a five-year period with possible three (3) one-year extensions.

SCOPE

The materials will be required to be delivered by an on-call basis to work sites within CGMTCs 147,000 acres. It will be the responsibility of the DMVA and its employees to ensure that access to drop off site is accessible and maintained. Materials delivered must meet all American Society for Testing and Materials(ASTM), industrial, local, state, and federal requirements/ standards, as it applies to that material.

REQUIREMENTS

The materials requested and delivered must meet all ASTM, industrial, local, state, and federal requirements/standards, as it applies to that material. A delivery receipt/ticket must be provided to the Program Manager (or assignee) by the delivery driver for each load dropped at Camp Grayling. The delivery receipt must include a description of the materials delivered, the amount of product delivered and dated. It is the responsibility of the contractor to obtain any required local, state, federal permits and or licenses necessary to perform the activities detailed in this Request for Proposal at their own cost.

General Requirements

CONTRACT ACTIVITIES

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1.1. Product Specifications

The Contractor must provide the following:

• 2500 PSI round stone mix

• 3000 PSI round stone mix

• 3500 PSI round stone mix

• 4000 PSI round stone mix

• Sack mixes additive

• Limestone additive

• 3/8 x 20 rebar

• 1/2 x 20 rebar

• 5/8 x 20 rebar

• Microfiber 1b dose

• Commercial 1.5 lb. dose

• Concrete sealer cure n seal

• 8" Blocks

• 8” Corner blocks

• Other concrete materials as requested.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

CONTRACT ACTIVITIES

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Bidder must describe how they comply with the above requirement(s):

1.2. Warranties

Describe any warranties included in the bid – add additional rows as needed. Explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements.

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

Bidder must provide detailed information requested below:

Describe any warranties included in the bid (if none, write N/A):

Provide the length of the warranty:

Explain the process for reporting warranty issues:

Explain how any repairs or replacements are made, including timing, etc.:

If the warranty is provided through a third-party or manufacturer, the Contractor must confirm that the manufacturer’s warranty passes through to the State:

Provide the name, address, contact name, phone number and email address of the party responsible for the warranty:

1.3. Recall Requirements and Procedures

Describe any recall requirements and procedures.

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

CONTRACT ACTIVITIES

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1.4. Quality Assurance Program

Explain your Quality Assurance Program(s).

requirement(s):

1.5. Incentives

Explain any special incentives or services including, but not limited to, quantity discounts, if any.

requirement(s). If none, enter N/A.

1.6. Transition

A. Post-Contract Transition Invoices must be sent withing 45 days after expiration of contract. Any invoices received after 45 days will result in a non-payment of invoice.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

CONTRACT ACTIVITIES

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2. Service Requirements

2.1. Delivery

Delivery will be expected within two (2) calendar days upon date of order or as requested by the Program Manager. Delivery will be made at the location specified by the Program Manager. Below provide details on minimum delivery times and expedited delivery capability.

.☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s), provide details on minimum delivery times as well as, expedited (same day) procedure/capabilities and detail the procedure for requesting delivery in less the 24 hours:

2.2. Reporting

The Contractor must submit to the Program Manager, the following written report:

• Delivery receipt/ticket must be provided to the Program Manager (or assignee) by the delivery driver for each load dropped at Camp Grayling. The delivery receipt must include a description of the materials delivered, the amount of product delivered and dated.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

The Contractor must explain any reporting that is included in its proposal and any additional reporting capabilities:

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2.3. Meetings

The Contractor may be requested to attend a kick-off meeting by the Camp Grayling MTC Program Manager.

The State may request other meetings as it deems appropriate.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

3. Staffing

3.1. Contractor Representative

The Contractor must appoint a Sales/Service Manager 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. (the “Contractor Representative”).

When possible, the Contractor must notify the Contract Administrator at least 14 calendar days before removing or assigning a new Contractor Representative.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

3.2. Disclosure of Subcontractors

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

• 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. Of the total bid, the price of the subcontractor’s work. 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.

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

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3.3. Security

The Contractor will be subject the following security procedures:

Contractor and contractor employees are required to provide legal proof of identity to security and military personnel upon request.

Contractor, contractor employees and vehicles are subject to search by security or military personnel. Compliance with the search is mandatory.

The Contractor must explain any additional security measures in place to ensure the security of 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 legal business name, address, telephone number of the subcontractor(s):

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 Bidder:

Whether the Bidder 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:

Of the total bid, the price of the subcontractor’s work:

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☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

4. Pricing

4.1. Price Term

Pricing is firm for the entire length of the Contract.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

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.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

5. Ordering

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5.1. Authorizing Document

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

Fulfillment of orders are not to begin until the awarded contractor receives a Delivery Order from DMVA.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

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.

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.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

7. Acceptance

7.1. Acceptance, Inspection and Testing

The State will use the following criteria to determine acceptance of the Contract Activities: Program Manager or assignee signature on delivery/ship ticket will be considered acceptance.

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☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

7.2. Final Acceptance

Final Acceptance will be given upon “Approval to Pay” and signature by Program Manager or assignee on contractor’s invoice.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) Purchase Order/Delivery Order #; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

8.2. Payment Methods

The State will make payment for Contract Activities via EFT Users of this contract could potentially place orders via Procurement Card (PCard).

Please explain your process for ordering and accepting this payment method. If an account needs to be created on your purchasing platform, please submit documentation that shows the steps for completing this process.

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

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Bidder must explain their process for accepting the PCard payment method.

If an account needs to be created on your purchasing platform, please submit documentation that shows the steps for completing this process.

8.3. Procedure

Invoices are to be sent to: DMVA-AccountsPayable@michigan.gov

☐ I have reviewed the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s):

9. Additional Requirements

9.1. Environmental and Energy Efficiency Product Standards

The Contractor must identify any energy efficient, bio-based, or otherwise environmentally 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. Contractor must describe how products that meet these requirements are identified or otherwise labelled.

☐ I confirm the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s): (Add more rows as necessary.)

Item #: Response:

Bidder must provide detailed information as required above – either in this response box or identified here as an attachment to this RFP.

9.2. Hazardous Chemical Identification

In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals as defined in 40 CFR §370.2, to be delivered.

Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.

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

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☐ I confirm the above requirement and agree with no exception.

9.3. 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.

☐ I confirm the above requirement and agree with no exception.

9.4. 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. Contractor must describe how products that meet these requirements are identified or otherwise labelled.

☐ I confirm the above requirement and agree with no exception.

☐ I have reviewed the above requirement and have noted all exception(s) below.

List all exception(s): (Add rows as necessary.)

Item #: Response:

SCHEDULE B - PRICING

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Enter company name here

Request For Proposal No. 21000000782 Concrete Materials for Camp Grayling MTC

1. The Contractor must provide a pricing schedule for the proposed Contract Activities using the Schedule B-Pricing form below. The pricing schedule should be submitted in a modifiable format (e.g. Microsoft Word or Excel); however, you may also submit an additional pricing schedule in a non-modifiable format (e.g., PDF). Failure to complete the pricing schedule as requested may result in disqualification of your proposal.

2. Price proposals must include all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing).

3. The Contractor is encouraged to offer quick payment terms. The number of days must not include processing time for payment to be received by the Contractor's financial institution.

Quick payment terms: _____% discount off invoice if paid within ___ days after receipt of invoice.

4. By submitting its proposal, the Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.

Version 12 (10/2020) 31

Request For Proposal No. 210000000782 Concrete Materials for Camp Grayling MTC

Line Item Product Unit Unit Price

1 2500 PSI round stone mix YD

2 3000 PSI round stone mix YD

3 3500 PSI round stone mix YD

4 4000 PSI round stone mix YD

5 Sack mixes add YD

6 Limestone add YD

7 3/8 x 20 rebar EA

8 1/2 x 20 rebar EA

9 5/8 x 20 rebar EA

10 Microfiber 1b dose YD

11 Commercial 1.5 lb. dose YD

12 Concrete sealer cure n seal Gallon

13 8" block EA

14 8" corner block EA

15 Block delivery fee Per load

16 Small load charge Per load

17 Delivery charge for after normal business hours Per load

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18 Delivery charge for Saturdays Per load

19 Delivery charge for Sundays Per load

20 Mileage fees Per mile

21 Winter service charges Per load

Partial load fees Per load

23 Additional charges (Provide detail. Add additional pages if necessary)

Mich igan .gov/MiProcurement

STANDARD CONTRACT TERMS

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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 March 17, 2021 (“Effective Date”), and unless terminated, expires on March 16, 2026.

This Contract may be renewed for up to 3 additional one-year period(s). Renewal is at the sole discretion of the State and will automatically extend the Term of this Contract.

The State will document its exercise of renewal options via Contract Change Notice.] The parties agree as follows:

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…