RFP 220000002736 Silane Sealer.docx

REQUEST FOR PROPOSAL # 220000002736

Department of Transportation

Penetrating Silane Sealer Material

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

This is a Request for Proposal (RFP) for penetrating silane sealer material for spray application to concrete structures.

RFP Timeline

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

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

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

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

4. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager at TholeR@michigan.gov no later than 12:00 pm Eastern Time on August 1, 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.

5. 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.

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

The State may utilize all bidder information to determine fair market value for goods or services sought. 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 may, but is not required to, conduct reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

7. ACCEPTANCE OF CONTRACT TERMS. 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.

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 DTMB - Bidder Protests (michigan.gov).

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.

220000002736

Penetrating Silane Sealer Material

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.

220000002736

Penetrating Silane Sealer Material

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.

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:

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

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, 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

10. Other

11. Response to State Requests

Michigan.gov/MiProcurement

Michigan.gov/MiProcurement

RFP 220000002736 2

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal (RFP) No. 220000002736 Penetrating Silane Sealer Material 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), Statewide Bridge Maintenance program is seeking a penetrating 100% Silane Sealer for spray application to concrete, masonry, or natural stone structures. MDOT Maintenance Crews will apply sealer to structures to repel water, chloride ions, and waterborne contaminates and prevent premature deterioration.

SCOPE

The Contractor shall provide spray-on type penetrating silane sealer material for use on concrete structures (the “Contract Activities”).

REQUIREMENTS

1. General Requirements

1.1. Product Specifications

A. Penetrating Silane Sealer Material must be one of the following approved products:

Philadelphia, PA

Harleysville, PA

Madison, OH

Bidder’s Response: Indicate offered penetrating silane sealer material:

Product:

B. Penetrating Silane Sealer Material must be 100% silane materials, with a drying time of 2 hours or less at 70° Fahrenheit.

C. Penetrating Silane Sealer Material must be spray-on type.

D. Penetrating Silane Sealer Material must be handled and delivered within the current guidelines of the Federal Occupational Safety and Health Administration (OSHA) and Michigan’s Occupational Safety and Health Administration (MIOSHA).

Bidder response:

List all exception(s):

1.2. Warranties

The Contractor must describe any warranties included in the bid and provide the length of the warranty. Explain the process for reporting warranty issues and how any repairs or replacements are made, including timing. 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.

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 included in the bid (if none, enter N/A):

Provide the length of the warranty:

Explain the process for reporting warranty issues:

Explain how any repairs or replacements are made, including timing

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

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

1.3. Recall Requirements and Procedures

The Contractor will notify the State immediately upon any potential manufacturer’s recall of the provided material and will work with the State to replace any products that could be defective.

Bidder response:

List all exception(s):

1.4. Quality Assurance

The Contractor must explain their Quality Control Plan (QCP). The QCP should include but is not limited to the following:

A. Contractor’s definitions of Quality Assurance (QA), Quality Control (QC), and QCP.

B. An organizational chart of QA/QC managers or appointed representatives and their areas of responsibility.

Bidder response:

Explain Quality Control Plan:

2. Service Requirements

2.1. Timeframes

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

Bidder response:

List all exception(s):

2.2. Delivery Notice

A. Delivery locations will be coordinated by the Program Manager. The Contractor must contact the Program Manager 48 hours in advance to schedule delivery.

B. Following the Program Manager’s approval of the delivery schedule, the Contractor must notify the appropriate MDOT Supervisor at the designated delivery location at least 24 hours prior to the arrival time of each shipment. Notification must be made during normal business hours, 8:00 a.m. to 2:00 p.m., Monday through Thursday, excluding State holidays.

Bidder response:

List all exception(s):

2.3. Delivery

A. Contract Activities must be shipped “F.O.B. Destination within Government Premises” with transportation charges prepaid on all orders.

1) For orders meeting the minimum order requirement (see Section 6.3. Minimum Order), all shipping and/or delivery fees must be included in the price of the Penetrating Silane Sealer Material.

2) For orders less than the minimum order requirement, shipping and/or delivery fees will be an additional cost charged to MDOT.

B. Deliveries will be accepted between 8:00 a.m. and 2:00 p.m. Monday through Thursday, excluding State Holidays. All other times must be approved by the MDOT Supervisor at the designated delivery location.

C. Delivery locations will not have loading docks.

D. Deliveries must be made by flatbed trailer or box trailer with side or rear access to facilitate removal of material with forklift.

E. Delivery by van trailers is prohibited due to restrictions on use of State-owned forklifts, F. See Attachment 1 – MDOT Delivery Locations for addresses and telephone numbers of designated delivery locations.

Bidder response:

List all exception(s):

2.4. Packaging and Palletizing

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

B. Material shall be packaged as follows:

1) The material shall be packaged in 55-gallon drums.

2) A maximum of two (2) drums per standard shipping pallet. Each pallet shall be wrapped in moisture proof plastic (shrink wrapped).

3) Materials must be packaged and delivered in manufacturer's original, unopened, undamaged containers with identification labels intact.

Bidder response:

List all exception(s):

3. Meetings The Contractor will be required to attend any meeting requested by and deemed appropriate by the State.

Bidder response:

List all exception(s):

4. Staffing

4.1. 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:

List all exception(s):

4.2. 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.

List all exception(s):

4.3. Technical Support

The Contractor will provide technical support through e-mail, over the phone, or as needed to support Region Bridge Unit support teams and Bridge Crews. 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:

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.

List all exception(s):

4.4. 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:

4.5. 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:

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.

Bidder response: Provide detailed information requested:

Explain any additional security measures:

Identify the company that will perform background checks:

Explain the scope of background checks:

5. Pricing

5.1. 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:

List all exception(s):

5.2. Price Changes

Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

Bidder response:

List all exception(s):

6. Ordering

6.1. Authorizing Document

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

6.2. Order Verification

The Contractor must have internal controls to verify abnormal orders and to ensure that only authorized individuals place orders.

Bidder response:

List all exception(s):

6.3. Minimum Order

The State’s requested minimum order quantity is 660 gallons (12 drums). Orders meeting the minimum order requirement must include all shipping and/or delivery fees in the price of the Penetrating Silane Sealer Material.

Bidder response: Provide proposed minimum order:

Minimum order quantity is gallons.

7. Acceptance

7.1. Acceptance, Inspection and Testing

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

· Material is delivered in manufacturer’s original, unopened, undamaged containers with identification labels intact.

· Material is packaged and palletized per specifications (see Section 2.4 Packaging and Palletizing).

· Visual inspection finds no irregularities in the material.

· Visual inspection finds no damaged or unusable material that could have resulted from the Contractor’s mishandling.

· Visual inspection finds no material that has expired or has a listed remaining shelf life less than the maximum manufacturers suggested expiration.

Material not meeting the acceptance criteria will be rejected upon delivery.

The State reserves the right to re-test any shipment at an independent laboratory.

Bidder response:

List all exception(s):

7.2. Final Acceptance

Final Acceptance is defined in the Standard Contract Terms, Section 16.

Bidder response:

List all exception(s):

8. Invoice and Payment

8.1. Invoice Requirements

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

8.2. Procedure

Invoices may be submitted via email to Jacob Creisher at CreisherJ@michigan.gov and Aaron Porter at PorterA@michigan.gov.

OR

Invoices may be mailed to:

Michigan Department of Transportation Attn: Jacob Creisher & Aaron Porter Bureau of Bridges and Structures 6333 Lansing Rd Lansing, MI 48917

8.3. Payment Methods

As required by MCL 18.1283, the State will only disburse payments under this Contract through Electronic Funds Transfer (EFT).

The Contractor is responsible for ensuring current banking information is entered in the State vendor website: https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService.

Bidder response:

List all exception(s):

9. Project Plan The Contractor will carry out this project under the direction and control of the Program Manager.

A final project plan must be submitted to the Program Manager for final approval within 30 calendar days of the Effective Date. The plan must also include: (a) the Contractor's organizational chart with names and title of personnel assigned to the project, which must align with the staffing stated in accepted proposals; and (b) the project breakdown showing sub-projects, tasks, and resources required.

Bidder response:

List all exception(s):

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

If you enter “YES”, a copy of licensing agreement(s) must be attached with your bid response.

11.