RFP 210000002160 - Liquid Propane Gas AD1.docx

proposal instructions Department of Technology, Management and Budget - Procurement

Liquefied Petroleum Gas (LPG) Request for Proposal No. 210000002160 Solicitation Manager Name: Yvon Dufour Direct Phone: (517) 249-0455 Email: dufoury@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724 This is a Request for Proposal (RFP) for Liquefied Petroleum Gas

RFP Timeline

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

** Current Contract expires September 30, 2021. One month of transition is included.

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

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

Attachment 1 Confidential Treatment Form (CT FORM)

Attachment 2 Vendor Questions Worksheet

Attachment 3 Mandatory Minimum Requirements

Schedule A Statement of Work

Schedule B Pricing

Attachment 3 Standard Contract Terms

Exhibit A Propane Delivery Locations and Historical Usage Statewide Delivery Locations and historical usage Download on SIGMA VSS

Exhibit B Propane Pricing Bid Sheet Pricing Bid Sheet to be Submitted as part of the Bid Download on SIGMA VSS

Exhibit C Prosperity Regional Map

Exhibit D PREA Standards Prison Rape Elimination Act Download on SIGMA VSS

Exhibit E MDOC Vendor Handbook Corrections Vendor Handbook Download on SIGMA VSS

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. RESERVED - OPTIONAL PRE-PROPOSAL MEETING.

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

5. 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;

6. DELIVERY OF PROPOSAL.

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

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

Only those proposals that meet the mandatory minimum requirements will be considered for evaluation.

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

8. EVALUATION PROCESS. If all mandatory minimum requirements are met, 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.

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

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

11. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

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

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in 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 or in the manner it was originally published.

The method of award will be as follows:

· Pricing – Bids will be evaluated by overall lowest mark-up cost per region (multiple counties) and awarded accordingly based on the map as outlined in Exhibit C – Prosperity Regional Map.

· Coverage – Bids will be evaluated based on bidder’s ability to service the area bidding on based on terminals that bidder is available to deliver from for locations bidding on. The physical address of all bidder terminals providing service to the State will be submitted with bid in Schedule B.

13. 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 pm, 5 business days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS, or by 3:00 pm, 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.

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

14. 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.

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

16. 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.

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

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

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

Attachment 2 - Vendor Questions Worksheet Provide a detailed response to each question. “You” and “company” refers to the bidder.

1. Contact Information

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

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

2. Company Background Information

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

What state was the company formed in?

Phone number.

Website address.

Number of years in business and number of employees.

Legal business name and address of parent company, if any.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Participation in RFP Development or Evaluation

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. Labor and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor and employment laws and regulations received within the past five years.

Bidder must disclose any violations of state or federal environmental laws and regulations received within the past five years.

9. Other

Michigan.gov/MiProcurement

Version 2021-2 1 of 71 Attachment 3 – Mandatory Minimum Requirements Provide a detailed response to each question. “You” and “company” refers to the bidder.

Describe how you meet the Mandatory Minimum Requirements and provide documentation in Attachment 3 as requested.

a) Bidder must meet all federal, state, and local requirements regarding business and transport operations and shall have obtained all required licenses, permits and registrations prior to submitting their bid. *All required information will be submitted with bid documents as separate attachments and labeled accordingly. (Attachments may also be included within this Attachment 3 file)

b) A reliable source of fuel is essential. Contractors shall maintain, or have access to, an adequate inventory to provide delivery upon order from requesting facility. Bidders will submit with their bid the number and physical locations of terminals, propane storage capacity at each terminal, and number of delivery trucks in their fleet.

c) Bidder must follow the National Fire Protection Association (NFPA) standard #54 – National Fuel Gas Code and standard #58 – Liquefied Petroleum Gas Code.

*Please include required information/Attachments within this Attachment 3, or as additional attachments in SIGMA.

Schedule A Statement of Work Contract Activities Request for Proposal (RFP) No. 210000002160 Liquefied Petroleum Gas (LPG)

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 and SCOPE The contract(s) that result from this RFP may be utilized by all State agencies and Extended Purchasing Participants that include County and Local levels of Government. Delivery locations are located throughout the State of Michigan. Anticipated primary users of this Contract include: Department of Technology, Management, and Budget (DTMB), Department of Corrections (DOC), Department of Natural Resources (DNR), Department of Transportation (MDOT), and the Department of Health and Human Services (DHHS).

There are approximately 569 separate delivery locations with approximately 853 tanks for propane utilizing approximately 621,150 gallons per year throughout the state. More detailed usage is described in Exhibit A – Propane Delivery Locations and Historical Usage.

REQUIREMENTS

Contractor must be able to provide Liquid Propane Gas (LPG) to all locations within the counties that are being bid on as listed in Exhibit A – Propane Delivery Locations and Historical Usage.

1. General Requirements

1.1. Transition

For Propane Storage Tanks:

Transition In:

The State assumes no liability for any contractor owned tank during the removal of old tanks and the installation of new tanks.

Contractors may be required to transition from the previous LPG provider. If the tank(s) are owned by the previous contractor, the contractor will be required to:

· Work with the State in contacting the previous contractor to coordinate the disconnection and removal of the previous vendors tank(s) and replace with new tanks. Previous Contractor will be allowed 15 calendar days from the date of notification to pick up tank(s).

· Work with the State to determine how many gallons of propane are still in previous Contractor’s tank(s). If any LPG remains in the tank, the State will mutually agree with previous contractor for possible credit of the unused LPG or previous Contractor agrees to leave tank in place until empty.

· Lines connected to the tanks are considered the property of the State from the service valve to the appliance.

If the tank(s) are State owned, the contractor agrees to:

· Perform pressure check at no charge to the State.

· Check to determine if the regulator system is acceptable. If a new regulator is required, the cost will be incurred by the State.

· Existing fuel will not be required to be pumped from the tank prior to filling by the contractor.

· Check to insure that the tank has a legible data plate that identifies the following:

1. Working pressure

2. Year of manufacture

3. Manufacturer

4. Serial Number

Transition Out:

· Outgoing Contractor will take a reading of the tank to determine how much propane is left. Contractor agrees to either credit the unused propane or leave tank in place until empty.

· The outgoing contractor reserves the right to be present during the disconnection and removal of their tanks. The State will make every effort to coordinate a time for both incoming and outgoing contractors to be present during the exchange.

· If outgoing contractor requests to be present, then outgoing contractor will be responsible for disconnecting and removing their tank. To avoid a disruption in the delivery of propane to the connected appliance, outgoing contractor will not remove their tank without the new contractor being on site and ready to install the new tank.

The installation and/or removal of storage tank(s) shall be subject to reasonable weather conditions and operating parameters.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

Bidder Response: Bidder must describe how they would transition into this contract if awarded some or all locations bid. Bidder must also describe how they will transition out at the conclusion of this agreement if they are not successful during the rebid.

1.2. Propane Specifications

A reliable source of fuel is essential. Contractors shall maintain, or have access to, an adequate inventory to provide delivery upon request. Prior to receiving an award, contractors may be required to demonstrate their ability to provide the fuels specified and shall provide delivery method (type of truck used) and terminal information in column 12 of Exhibit B – Propane Pricing Bid Sheet for each location bidding on.

The propane furnished shall be commercial propane conforming to the specification and test methods as required by Federal Specification HD5.

The proposed contract shall be subject to such modifications or adjustments as may be necessary or desirable by reason of any action or regulation set forth by the Federal, State, or Local Government relating to the use, production or sale of the petroleum products during the contract period.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

Bidder Response: The Bidder must provide answers to the following questions as it relates to propane supply disruptions:

a) What contingencies are in place to ensure the availability and deliverability of propane to State facilities in the event of a supply disruption?

b) If Enbridge’s Line 5 ceases operation, how will alternate supply sources be utilized to meet the propane needs of the State?

1.3. Warranties

The State recognizes that the Contractor is not the manufacturer propane. Contractor will extend any manufacturer’s warranty to the State and will assist the State with any claims against the manufacturer.

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

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

Bidder Response: Bidder must describe any warranties included in the bid (if offered). If warranties are provided, bidder shall provide the following information:

a) Provide a description of warranty:

b) Provide the length of the warranty:

c) Explain the process for reporting warranty issues:

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

e) 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:

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

1.4. Recall Requirements and Procedures

In the event product delivered has been recalled, seized, or embargoed and/or has been determined to be misbranded, or adulterated by the packer, processor, manufacturer or by any State or Federal regulatory State Agency, the Contractor shall be responsible to notify the Contract Administrator, Program Manager, Extended Purchasing Participants, and all ordering agencies/entities within two business days after notice has been given. Contractor shall, at the option of the ordering entity, either reimburse the purchase price or provide an equivalent replacement product at no additional cost. Contractor shall be responsible for removal and/or replacement of the affected product within a reasonable time as determined by the ordering State Agency. At the option of the ordering entity, Contractor may be required to reimburse storage and/or handling fees to be calculated from time of delivery and acceptance to actual removal.

Contractor will bear all costs associated with the removal and proper disposal of the affected product. Failure to reimburse the purchase price or provide equivalent replacement product will be considered a default.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

Bidder Response: Bidder must provide detailed information as requested in the above requirement(s). If none, enter N/A.

1.5. Quality Assurance Program

At the option of the participating ordering entity, samples may be taken from deliveries made and submitted for laboratory tests. The State will bear the cost of the testing when samples are found to be in compliance with the Contract.

If samples do not conform to the Contract, Contractor will bear the costs of testing and the ordering entity may apply the terms and conditions of the Termination provision of this Contract.

Contractor shall bear the cost of removing any contaminated fuel from the storage tanks or any fuel not meeting specifications.

Contractor shall be responsible for the containment, cleanup, and disposal of petroleum spills which occur on the State owned or leased property and State roadways as a result of the contractor's equipment, leased or owned, being faulty and/or the negligence of their employee. When contractor is on the State owned or leased property and State roadways, contractor's equipment shall carry petroleum spill cleanup materials and equipment on board for cleaning petroleum spill up to 20 gallons.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

1.6. Incentives

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

Bidder Response: Bidder must provide detailed information as requested in the above requirement(s). If none, enter N/A.

1.7. Contract Flexibility

The State reserves the right to add/delete Propane types, delivery locations, and end users during the contract term to meet the needs of the State. To make additions, the State shall adhere to the following procedure:

Step 1 The location shall be offered to currently awarded contractors, beginning with the contractor serving the nearest location currently on the contract, for a price not to exceed the nearest location on contract. If not accepted, to that contractor serving the second closest site already on contract shall be offered the site, and so on.

Step 2 If no contractor from Step 1 accepts the location, all currently awarded contractors shall be asked to bid on the site, and awarded to the lowest cost contractor willing to make delivery to that location if pricing and delivery schedule proposed are deemed acceptable by the State.

Step 3 If no contractors bid on the location, or responses in Step 2 were not deemed acceptable by the State, no award shall be made and the State can find alternative means to procuring propane.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

1.8. Site Inspection

It is the responsibility of the contractor to inspect any unfamiliar locations to determine the highway conditions, exact location, the size of the tank and the number of gallons that can be delivered at one time, and the accessibility of the storage tanks.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

2. Service Requirements

2.1. New Service and Installation

Adding or deleting services to a new or existing location located within the awarded counties will not require a change notice. For new service, a purchase order will be issued. The new location will be added to the Contractor’s service roster and submitted to the current Contract Administrator and Program Manager as identified on the most recent change notice. If services are to be discontinued, that location will remain on the service roster to identify usage only.

If service is required at a new location, Contractor will follow the same procedures as outlined in section 1.1 Transition.

Installation of all awarded locations will be expected within 30 calendar days upon date of order. Installation will be considered complete when tanks have been properly inspected.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

2.2. Maintenance

On-site maintenance or emergency repair of storage tanks may need to be performed according to the recommended manufacturer maintenance schedule.

Bidder Response: Describe the proposed maintenance and onsite inspections you will complete during the contract. Also describe your capabilities for emergency response.

2.3. Training

It is preferred that Contractor staff delivering propane be certified through the Certified Employee Training Program (CETP) for hauling and installation of propane fuel and storage tanks.

Training should include the following topics:

· How to check tank levels.

· How to recognize and identify leaks.

· How to handle emergencies.

· How to set up new service.

· How to recognize potential hazards.

The contractor shall have a training program for employees as required in the code of federal regulations number 49, part 172.700.

The Code of Federal Regulations Title 49: Transportation Subpart H – Training Paragraph §172.700 - Purpose and scope.

(a) Purpose. This subpart prescribes requirements for training hazmat employees.

(b) Scope. Training as used in this subpart means a systematic program that ensures a hazmat employee has familiarity with the general provisions of this subchapter, is able to recognize and identify hazardous materials, has knowledge of specific requirements of this subchapter applicable to functions performed by the employee, and has knowledge of emergency response information, self-protection measures and accident prevention methods and procedures (see §172.704).

(c) Modal-specific training requirements. Additional training requirements for the individual modes of transportation are prescribed in parts 174, 175, 176, and 177 of this subchapter.

Bidder Response: Bidder must check 1 box below and provide the requested information:

List all exceptions(s):

Bidder Response: The Bidder must explain its training capabilities for ordering entities and any training that will be included.

2.4. Reporting

The State may periodically request reporting to show usage by State Agency and/or location being serviced. This report will be in Microsoft Excel format and would include, but not limited to, the following:

· Account Number

· State Agency/Account Name

· Delivery Location’s Street Address, City, Zip Code, and County of physical location of tank

· Contract Number

· Purchase Order Number

· Order Date

· Tank Ownership – Contractor Owned or State Owned

· Number of Tanks at each location

· Capacity of each tank

· Product Description

· Number of Gallons Delivered

· Base Price Terminal

· Total Cost

Spot reporting…