RFP 220000002177 Revised.docx

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Attached to
Precast Vault Restroom Buildings; including installation
Solicitation number
RFP - 591 - 220000002177
Issued by
Michigan

About this file

This document is a Request for Proposal (RFP) issued by the Michigan Department of Transportation (MDOT) for a new multi-year contract to furnish and install precast concrete vault restroom buildings at Roadside Parks located throughout the state. The RFP includes detailed specifications for the precast restroom buildings, site preparation and installation requirements, and a project timeline. MDOT anticipates placing restroom buildings at seven roadside parks per year, subject to funding availability. The contract term is five years with three one-year renewal options.

The RFP outlines pricing and invoicing requirements, as well as mandatory performance and lien bonds. Vendors must have prior experience with similar projects and will be evaluated on technical criteria as well as pricing. Liquidated damages may be assessed for late or improper completion of the work. The State reserves the right to award to the responsive and responsible bidder with the lowest price.

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REQUEST FOR PROPOSAL # 220000002177

REvised Department of Transportation Precast Vault Restroom Buildings with Installation at Roadside Parks

Solicitation Manager Name: Ruth Thole Direct Phone: 517-335-4972 Email: TholeR@michigan.gov

This is a Request for Proposal (RFP) for furnishing and installing precast concrete vault restroom buildings at Roadside Parks around the State.

RFP Timeline

Event
Time
Date
RFP issue date
N/A
Tuesday, May 24, 2022
Mandatory Pre-proposal meeting (Virtual)
1:00 p.m.-2:00 pm Eastern
Wednesday, June 8, 2022
Deadline for bidders to submit questions about this RFP
12:00 p.m. Eastern
Wednesday, June 15, 2022
Anticipated date the State will post answers to bidder questions on www.michigan.gov/SIGMAVSS
5:00 p.m. Eastern
Friday, June 17, 2022
Proposal deadline*
3:00 p.m. Eastern
Monday, June 27, 2022
Anticipated contract begin date
N/A
Thursday, July 21, 2022

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

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

PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name in the header of all documents submitted with your proposal. Note that all documents and information submitted as part of a proposal will become public record immediately upon receipt by the State. Proposals received by the State may be posted on the State’s publicly available website after bidders are notified of the award recommendation.

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 and Schedule B.1 – Price Matrix
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
Attachment – MDOT Region Map
Map of MDOT Regional Service Areas
Informational

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is:

Ruth Thole, Solicitation Manager 517-335-4972 TholeR@michigan.gov Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

3. MANDATORY PRE-PROPOSAL MEETING.

A mandatory pre-proposal meeting will be held on June 8, 2022. The meeting will convene at 1:00 p.m. Eastern Time via Conference Call/Webinar using Microsoft Teams. The call-in number and instructions are as follows:

Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 248-509-0316,,227225566# United States, Pontiac Phone Conference ID: 227 225 566# Statements made by the Solicitation Manager or designee at a pre-proposal meeting are not considered modifications to the RFP. If, however, the Solicitation Manager determines modifications to the RFP are warranted after the meeting, modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in the Modifications section of this document.

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 at TholeR@michigan.gov no later than 12:00 pm Eastern Time on June 15, 2022. 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

6. DELIVERY OF PROPOSAL. 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. Note that all documents and information submitted in any manner as part of a proposal will become public record immediately upon receipt by the State. Proposals received may be posted by the State on the State’s publicly available website after bidders are notified of the award recommendation.

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

Criteria
Pass/Fail
1.
Confidential Treatment Form is complete and signed
2.
Vendor Questions are complete
3.
Vendor Questions, Section 5 Prior Experience indicates at least one project that is the same/similar to the excavation, placement of building, and finish grading requirements stated in this RFP
4.
Schedule A is complete
5.
Schedules B and B.1 are complete
6.
Agreement with Standard Contract Terms (Vendor Questions Worksheet, Section 6.)

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 reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

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

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

10. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

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

11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who receives a PASS for each criterion and has the lowest price.

The State will publish an Award Recommendation and Evaluation Synopsis, by posting a Notice of Intent to Award (NIA1) on www.michigan.gov/SIGMAVSS.

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

If you wish to initiate a protest of the award, you must submit your written protest to Carol Rademacher at RademacherC@michigan.gov no later than 3:00 p.m., three (3) business days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS. 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.

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

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

15. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. As a public record, 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, the State may exempt some information from disclosure as permitted by law. 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. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form instructions, the proposal may be publicly disclosed in its entirety without redaction after an award recommendation.

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.”

ii. Failure to complete and sign a CT Form may result in disqualification of the bidder. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow the CT Form instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation.

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

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

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

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

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

confidential treatment form 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. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form Instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation. 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. If this section is completed, do not complete Section 2. CONFIDENTIAL TREATMENT IS REQUESTED.

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

220000002177

Precast Vault Restroom Buildings

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. If this section is completed, do not complete Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED.

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), and (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. Bidders must also provide the contact information for the person at their organization authorized to respond to inquiries by the State concerning the material.

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”.

(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.

220000002177

Precast Vault Restroom Buildings

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company vendor questions worksheet 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:

Name:

Title:

Address:

Phone Number:

Email:

Person authorized to receive and sign a resulting contract:

Name:

Title:

Address:

Phone Number:

Sole contact authorized to give and receive Notices (see Standard Contract Terms, Point 2.)

Name, email address, and phone number. Include address if different than legal business address:

Contractor’s Contract Administrator (see Standard Contract Terms, Point 3.)

Name, email address, and phone number. Include address if different than legal business address

Contractor’s Program Manager (see Standard Contract Terms, Point 4.)

Name, email address, and phone number. Include address if different than legal business address

2. Company Background Information

Legal business name and address.

Business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number.

Number of years in business.

Number of employees.

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

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

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).

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).
C.Legal documents setting forth the ownership of the business entity. In lieu of the documentation identified above, the Contractor may provide proof of certification by the National Veterans Business Development Council.
Does the bidder qualify as disabled veteran?
☐ YES☐ NO

If yes, enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

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

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, Antidiscrimination and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor, antidiscrimination 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. Supplier Diversity

Does your company have a supplier diversity program or training?
☐ YES☐ NO
Bidder agrees that if Bidder is awarded a contract with a dollar amount of $500,000 or greater from this RFP, Bidder shall provide a copy of their current EEO-1 demographic report provided that Bidder meets Federal requirements to file an EEO-1 report.
☐ YES☐ NO

10. Other

Classification of Employees. I certify that the company has properly classified its employees in accordance with federal/state labor and employment laws.
☐ YES☐ NO
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.
☐ YES☐ 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.
☐ YES☐ 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.
☐ YES☐ No
Clean Corporate Citizen. I certify that the Company is a Clean Corporate Citizen as defined by the Environmental Protection Act, 1994 PA 451.
☐ YES☐ No
Convict Labor. The Contractor certifies that if using convict labor, it is complying with all applicable state and federal laws and policies.
☐ YES☐ 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.
☐ YES☐ 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.
☐ YES☐ NO

11. Response to State Requests

Bidder agrees to respond, by established deadlines, to all requests from the State including but not limited to, clarification requests, notices of deficiency, and proposed changes to Contract Terms.
☐ YES☐ NO

Michigan.gov/MiProcurement

Michigan.gov/MiProcurement

RFP 220000002177 2

Contractor must enter company name here.

Schedule A – statement of work contract activities

Request for Proposal (RFP) No. 220000002177 Precast Vault Restroom Buildings with Installation at Roadside Parks

This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required.

The Contractor must respond to each requirement or question and explain how it will fulfill each requirement. Attach any supplemental information and appropriately reference within your response.

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

BACKGROUND

The Michigan Department of Transportation (MDOT) provides Roadside Parks across the State for the motoring public to use to take breaks from the rigors of travel. Roadside Parks typically have pit vault-type restrooms which must be maintained and kept safe and clean for motorists. Replacement of vault restroom buildings may be necessary as they become rundown and outdated and/or to update the accessibility and cleanliness of current buildings.

SCOPE

The Contractor shall provide precast vault restroom building, prepare and excavate the Roadside Park site for vaults, install the restroom building at the desired site location, and backfill and finish grade the site (the “Contract Activities”). MDOT anticipates placing restroom builds at seven (7) roadside parks per year. However, this quantity is an estimate, will depend on availability of funding, and is not guaranteed.

REQUIREMENTS

1. General Requirements

1.1. Restroom Building Specifications

Precast concrete restroom building must be Double Cascadian Vault Restroom, manufactured by CXT, Inc; alternates will not be considered. Manufacturer’s specifications for the Double Cascadian Vault Restroom may be found at http://www.cxtinc.com/PDF/CXT-DoubleCascadianSpecs.pdf. Restroom building features will include:

A. Standard board and batt texture upper walls and horizontal lap texture lower walls; color to be determined B. Standard cedar shake roof; natural, color to be determined C. Standard white plastic toilet risers with lids D. Standard ADA grab bars E. Standard stainless steel toilet paper holders F. Standard polyethylene lined concrete vaults Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

1.2. Site Location

A. Restroom buildings may be installed at any Roadside Park as requested by MDOT. See Schedule B.1 for Roadside Park locations.

1.3. MDOT Responsibilities

A. MDOT will indicate the exact installation location within the park by staking or other approved method.

B. MDOT will remove existing vault toilet buildings.

C. MDOT will insure Installation site will be clear and level and free of overhead and/or underground obstructions.

D. MDOT will insure Installation site will be accessible for truck delivery and will have sufficient area for performance of Contract Activities.

E. MDOT will be responsible for obtaining any local permits needed.

1.4. Excavation, Installation, Finishing

The Contractor shall follow manufacturer’s instructions and specifications for installation of restroom building. Standard installation shall include excavation, backfill and placement of precast concrete vault toilet.

A. Excavation and Elevation. The Contractor shall:

1) Comply with all applicable OSHA standards for excavation.

2) Excavate for the installation of the toilet vault to a depth that will allow the structure site to be free draining after installation is completed. Excavation depth shall allow for a 2” leveling course beneath the toilet vault.

3) Unless otherwise specified by MDOT, finish the floor elevation to be 4” to 6” above natural grade measured at the front (entrance) of the exterior slab. The back of the building should be slightly higher to allow water to freely drain out of the toilet rooms. If MDOT specifies a finish floor elevation for buildings, the Contractor will install buildings at these sites with the floor elevation within a plus or minus 0.05’ of MDOT’s specified floor elevation.

4) Not leave excavation open for more than seven calendar days unless otherwise approved by the MDOT Project Manager.

5) Fence excavation left open overnight with wire mesh or plastic mesh fence secured to steel posts all around the excavation.

B. Backfill and Compaction. The Contractor shall:

1) Compact the natural ground at the bottom of the vault excavation with a minimum of three (3) passes with a whacker-type mechanical compactor or equivalent.

2) Install sand or aggregate bedding material for leveling course if needed.

a) Bedding material to be sand or 3/8” minus crushed or screened aggregate

3) Compact leveling course with one pass with a whacker-type mechanical tamper or equivalent.

4) Grade leveling course so there are no high spots in the middle of the vault bottom.

5) Compact with a second pass with a whacker or approved equivalent tamper.

6) Set vault in place and check for level or appropriate scope.

7) Backfill around structure using excavated material for backfill. Rocks larger than 6” in maximum dimension shall not be placed within 6” of the exterior vault walls.

8) Use fill, adjacent to the building entry, having excavated material placed in 8” loose lifts and compacted with a minimum of two passes with a whacker-type mechanical compactor or equivalent.

C. Finish Grading

1) Spread excess excavated material from the vault around structure. Intended final grade is flush with the top of the front slab. Allow for placement of topsoil to reach that grade. Grade backfill away from structure at maximum slope of 5%.

2) Spread stockpiled topsoil as final layer after rough grading is completed. Areas disturbed by excavation, backfilling and stockpiling of excavated materials are hand raked to remove exposed rocks over 1” in maximum dimension.

3) Oversized rocks removed from the surface shall be disposed of in a designated area.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

1.5. Non-Standard Site Work

Occasionally a site location may require work that is beyond the standard excavation, installation, and finishing as defined in Section 1.3. For example: installation or replacement of concrete approaches or walkways. If non-standard work is needed, the Contractor shall provide a price quote for the additional work which must be acceptable to and approved by MDOT.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

1.6. Warranties

The following warranties must be provided for the restroom buildings:

A. Twenty-year warranty against defects in material or workmanship on all concrete components.

B. Minimum one-year warranty on all non-concrete components.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

The Contractor shall describe any additional warranties included in the bid.

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

Bidder response: Provide detailed information requested below:

Describe any warranties (other than those specified in 1.2.A and 1.2.B) included in the bid (if none, enter N/A):

Provide the length of the warranty:

The Contractor shall explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements.

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:

1.7. Recall Requirements and Procedures

The Contractor shall describe any recall procedures.

Explain recall procedures. If none, enter N/A:

1.8. Quality Assurance Program

The Contractor shall explain any Quality Assurance Program(s).

Explain QA programs. If none, enter N/A:

2. Service Requirements

2.1. Timeframes

MDOT prefers Contract Activities to be completed within 165 Calendar days from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

Bidder response:

Region
Indicate proposed delivery timeframe (number of calendar days from receipt of order) for each Region. If bidder is not bidding region, enter NA.

Bay Region

Grand Region

North Region

Southwest Region

Superior Region

2.2. Notice

The Contractor must contact the site location Project Manager at least 10 business days prior to the restroom building being delivered to the site. This prior notice will enable MDOT to clear the roadside park site and schedule closure, if needed.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

2.3. Delivery

Precast restroom buildings must be shipped F.O.B. Destination and all shipping and/or delivery fees must be included in the price of the buildings.

Deliveries will be made at any of the MDOT Roadside Park facilities located statewide (See Schedule B). Buildings must be delivered to the requesting location.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

2.4. Technical Support and Repairs

When providing technical support, the Call Center must resolve the caller’s issue within 48 hours. If the caller’s issue cannot be resolved within 48 hours, on-site service must be scheduled. The on-site service must be performed within 48 hours of the time the issue was scheduled for service.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

2.5. Meetings

When a Roadside Park location is ready to begin Contract Activities, the location Project Manager will arrange an on-site meeting with the Contractor to discuss a project plan. The on-site meeting will allow the Contractor to inspect the building site, determine if any non-standard work will be necessary, and arrange a tentative schedule.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

3. Staffing

3.1. Contractor Representative

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

Bidder response: Contractor Representative Contact Information:

Name

Title

Toll-free Phone, if available

Office Phone

Mobile Phone

Email Address

The Contractor Representative must be available for calls Monday through Friday during the hours of 8:00 am to 5:00 pm Eastern Time.

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

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

3.2. Key Personnel

The Contractor must appoint a Program Manager who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 24 hours.

Bidder response: Program Manager Contact Information:

Name

Title

Office Phone

Mobile Phone

Email Address

Physical Location Address

Functions Performed

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

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

3.3. Technical Support, Repairs and Maintenance

The Contractor must specify its telephone/mobile phone number and email address for the State to contact the Contractor for technical support, repairs and maintenance.

Bidder response: Contact for technical support, repairs & maintenance:

Contact name & title

Telephone #

Email

The Contractor must be available for calls and service during the hours of 8:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

3.4. Disclosure of Subcontractors

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

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:

3.5. Security

The Contractor’s staff will be required to make deliveries to State facilities. The Contractor may be subject to the following security procedures:

A. Background Checks In the event of any incident and/or upon request by the State, the Contractor must provide detailed information on background checks performed on employees. Contractor is responsible for all costs associated with processing the background checks.

The State, in its sole discretion, may also perform security background checks. If so, the Contractor must provide to the State a list of all delivery personnel servicing State of Michigan facilities, including name, date of birth and social security number.

B. Identifying Uniforms The Contractor must use uniforms and/or ID badges to clearly identify its personnel.

Bidder response:

☐
I have reviewed the above requirements and agree with no exception.
☐
I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

The Contractor must: (a) explain any additional security measures in place to ensure the security of State facilities, (b) identify the company that will perform background checks, and (c) explain the scope of the background checks.

Explain any additional security measures:

Identify the company that will perform background checks:

Explain the scope of background checks:

4. Pricing

4.1. Price Term

Pricing is firm for a 365-day period (“Pricing Period”). The first pricing period begins on the Effective Date. Adjustments may be requested in writing by either party and will take effect no earlier than the next Pricing Period.

Bidder response:

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

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