RFP 230000001892 - medically necessary athletic shoes for prisoners.docx

Michigan.gov/MiProcurement proposal instructions Department of Corrections Medically Necessary Athletic Shoes Request for Proposal No. 230000001892 Solicitation Manager Name: Lisa Lehnert Direct Phone: (517) 335-4904 Email: LehnertL@michigan.gov

This is a Request for Proposal (RFP) for:

Medically Necessary Athletic Shoes for Prisoners 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.

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.

SUBMITTING SAMPLES

Section 1.1 Product Specifications provides brands and style numbers of pre-approved items for bid. However, these brands and styles may not cover all applicable sizes, and the State is looking for additional proposed samples for a comprehensive solution to fit all sizes and needs.

· Samples of pre-approved brands and style numbers identified in Section 1.1 are not required for submittal.

· “Alternative Samples” are proposed items that may be approved as an alternative to the pre-approved brands/styles. These alternative samples should be identical to the material and sizing specified in Section 1.1 and submitted to the State for review before the bidder question deadline.

The bidder must submit samples, along with literature/specifications, of any proposed “Alternates” by the deadline date specified on the RFP cover page for MDOC review. Samples must be clearly labeled with the bidder's name and RFP number and sent to:

Attn: Lisa Lehnert, Solicitation Manager Michigan Department of Corrections Grandview Plaza Building 206 E. Michigan Avenue Lansing, MI 48933

The bidder must submit the following sizes and quantities of each proposed “Alternate” for MDOC review and consideration:

· All proposed bid samples must meet the product specifications noted in Section 1.1, Items B.-I.

· All samples must have a label clearly marking size and brand/style.

· All samples submitted will be approved or denied at the State’s sole discretion.

· Samples not destroyed in testing may be returned at the bidder’s expense, if requested in writing prior to the proposal deadline.

· Should a manufacturer submit samples on behalf of a bidder, the bidder must submit written confirmation from said manufacturer indicating that it will supply the materials indicated. Written confirmation must be submitted to the State before the bidder question deadline.

· Any additional brands/models approved by the State during the Question-and-Answer period will be published on SIGMA VSS via the State’s response to questions.

· Any additional brands/styles approved will be available to bid on by all bidders.

RFP Structure and Documentation

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is listed on the Cover Page. Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

3. N/A.

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

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

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder. 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. MANDATORY MINIMUM REQUIREMENTS. To avoid disqualification, the bidder must provide the following:

· Must bid on approved brands and models specified in Schedule A, Section 1.1 or approved by MDOC during the Question-and-Answer period.

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

Proposals receiving 80 or more technical evaluation points will have pricing evaluated and considered for award.

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB.

The State strongly encourages strict adherence to the Contract Terms. The State reserves the right to deem a bid non-responsive for failure to accept the Contract Terms. Nevertheless, the bidder may submit proposed changes to the Contract Terms in track changes (i.e., visible edits) with an explanation of the bidder’s need for each proposed change. Failure to include track changes with an explanation of the bidder’s need for the proposed change constitutes the bidder’s acceptance of the Contract Terms. General statements, such as that the bidder reserves the right to negotiate the terms and conditions, may be considered non-responsive. Failure to respond timely to requests for proposed changes to Contract Terms during ongoing negotiations may be cause for disqualification.

The State may but is not required to conduct an on-site visit to tour and inspect the bidder’s facilities; require an oral presentation of the bidder's proposal; conduct interviews, research, reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

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

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

11. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

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

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in the Evaluation Process section of this document, and price, as demonstrated by the proposal. The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS or in the manner it was originally published.

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

If you wish to initiate a protest of the award, you must submit your written protest to MDOC-Procurement@michigan.gov no later than 3:00 p.m., 3 business days after posting the Award Recommendation and Evaluation Synopsis. The State reserves the right to adjust this timing and will publish any change.

Additional information about the protest process is available at DTMB - Programs and Policies (michigan.gov) under the “Bidder Protests” link.

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

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

16. 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. Bidder must complete either Section 1 or Section 2 of this CT Form and sign where indicated. Do not complete both sections. 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.

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.

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

2. Company Background Information

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.

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

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

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

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

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

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

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

4. Participation in RFP Development or Evaluation

If you enter “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

If you enter “YES,” you are not eligible for contract award. An awarded vendor may not partner or subcontract with anyone to provide goods and services required under a resulting contract if that subcontractor or partner assisted in the development of this solicitation.

If you enter “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

5. State of Michigan Experience and Prior Experience

Describe below 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.

*The company information below should be for the company you were providing product/services to, not the bidder’s company name.

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?

1.

2.

3.

Experience 2

Company 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?

1.

2.

3.

Experience 3

Company 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?

1.

2.

3.

6. Standard Contract Terms

7. Michigan Economic Impact

8. Labor, Antidiscrimination and Environmental Laws Compliance

9. Supplier Diversity

10. Other

11. Response to State Requests

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal (RFP) No. 230000001892 Medically Necessary Athletic Shoes for Prisoners 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

This is a Request for Proposal (RFP) to establish a Contract(s) to provide athletic shoes to be issued by the Michigan Department of Corrections (MDOC) to prisoners who have a medically necessary diagnosis. See Schedule A-1 for historical order history for 2020-2022 for the medically necessary athletic shoes.

SCOPE

The Contractor must provide athletic shoes for prisoners who have a medically necessary diagnosis according to specifications included in Section 1.1 Product Specifications and Schedule B “Pricing Matrix.”

The MDOC reserves the right to modify the contract goods to best meet the needs of the MDOC prisoners and other State departments.

The MDOC reserves the right to add additional State departments to this Contract.

REQUIREMENTS

The Contractor is required to provide specific brands and styles of quality athletic shoes to Michigan Department of Corrections prisoners. “Factory Seconds” or defective shoes will not be accepted. Substitutions of color, brand, size, or fabric will not be accepted, unless approved during the RFP question period. Items on Schedule B “Pricing Matrix” are to be designated as either a standard stock item or a specialty item by the Contractor. The Contractor shall keep a reasonable quantity of athletic shoes designated as stock to meet any urgent orders. Contractors may submit additional samples that meet specifications and requirements noted in Section 1.1 Items B-I for the State’s consideration during the RFP question period.

A standard stock item is a product that the Contractor maintains in its inventory and is readily available for shipment. The State is not under obligation to purchase any amount, including items in the Contractor’s inventory.

A specialty item is a product that the Contractor does not maintain in its inventory, and it must be specially produced or procured for this Contract. This item is not usually readily available for shipment.

General Requirements

1.1. Product Specifications

1. The Contractor must provide athletic shoes that meet the following requirements:

1. Solid black or solid white leather upper

2. Black, white or clear sole

3. Velcro closure (if Velcro closure is not available, the State may consider a lace closure in certain styles)

4. Cushioned arch and insole

5. Upper stitched to non-marking sole

6. No metal or plastic parts

7. Shoes must not contain air pumps, pockets, flashing lights, gel or any air pockets

8. Shoes must be available in men’s and women’s sizes, including wide widths. Required sizes are noted on Schedule B.

1. Acceptable Brand(s) and model(s):

· Shoe Corp – Style # 2800

· Shoe Corp – Style # 3700 (Mid-high)

· Bob Barker Company – Style 72D

· Bob Barker Company – Style 72E

· Bob Barker Company – Style 72EE

NOTE – The State is also seeking a 6E width shoe that meets the above requirements.

Bidders may submit equivalent brands that meet the above requirements for the State’s consideration. Approved equivalent brands are at the sole discretion of the State. (See the Samples section of the Proposal Instructions.)

1. All items provided by Contractor must be new. No used items will be accepted.

1. The MDOC is not obligated to purchase in any specific quantity.

1. The State reserves the right to order shoes that tie instead of Velcro, if there is a medical diagnosis that requires this type of shoe.

1.2. Warranties

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

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

Bidder must provide detailed information requested below:

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

Provide the length of the warranty:

Explain the process for reporting warranty issues:

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

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

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

All shipping costs for defective, damaged and/or flawed products will be at no cost to the State. The Contractor is solely responsible to coordinate the refund/return/replacement of damaged and/or flawed products.

1.3. Recall Requirements and Procedures

In the event of a recall, the Contractor must immediately notify MDOC Contract Administrator, Contract Monitor, and Program Manager by email. The Contractor must provide instructions detailing the process to return the products to the Contractor at the expense of the Contactor. The Contractor is solely responsible for notifying MDOC and coordinating the return of the products.

Bidder must describe any recall procedures.

1.4. Quality Assurance Program

The Contractor must explain your Quality Assurance Program(s).

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

1.5. Incentives

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

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

1.6. Transition

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

List all exception(s):

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

1.7. Incorrectly Filled Orders

The Contractor must refund/return/replace incorrectly filled orders, including over shipments. All returns for incorrectly filled orders must be at no cost to the State. Incorrect orders should be refilled in the specified timeframes noted in Section 2.1.

The Contractor is solely responsible to coordinate the refund/return/replacement of incorrectly filled orders.

List all exception(s):

Bidder must explain its mechanism to refund/return/replace incorrectly filled orders, including over shipments. The bid response must describe in detail the Contractor’s policy and procedure. The response must include the reporting process for notifying the Contractor.

1.8. Discontinued/Unavailable Items

A. The Contractor must notify the MDOC Program Manager or designee 30 calendar days in advance of any item that will be discontinued during the term of the Contract.

B. The Contractor must propose alternate product(s) which are of equal or better quality and meet all specifications for equal or less price of the discontinued item. The proposed replacement item must be pre-approved by the MDOC Program Manager or designee prior to being shipped to prisoners. The approved replacement item will be added to the Contract at the fixed price or lower.

C. The Contractor may be required to submit samples for the State’s evaluation, at no cost to the State. The State reserves the right to consider approval of the alternate in its sole discretion. Pricing for any item added to the Contract at a later date will be negotiated before the item is added to the Contract via a Contract change notice.

D. If an item is discontinued, or has an unusual lead-time, the Ordering Entity will be notified of this at the time of the order, or if the order is faxed, the Ordering Entity will be called the same day and given a choice of canceling the order/item or selecting an alternate.

List all exception(s):

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

2. Service Requirements

2.1. Timeframes

A. The Contractor must ship all standard stock items noted in Schedule B within 5 calendar days of receipt of order. Shipments of partial orders are acceptable, as long as the entire order is shipped within 5 calendar days of receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

B. The Contractor must notify the MDOC requestor at time of order placement of shipment delays, partial shipments, and backorders.

List all exception(s):

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

Bidder must provide the number of calendar days “specialty” items will take to ship after receipt of order. If the Bidder is not the manufacturer, the Bidder should talk to the manufacturer prior to submitting the bid response.

2.2. Delivery

A. The Contractor will be required to ship the items to various facilities as noted on each individual delivery order.

B. Deliveries shall be Monday through Friday 8:00 a.m.-2:30 p.m. No deliveries will be accepted on State of Michigan holidays. The State of Michigan holidays are New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Election Day (even years only), Veterans Day, Thanksgiving (and the day after), Christmas Eve, Christmas and New Year’s Eve. If a holiday falls on the weekend, the State may be closed on either Friday or Monday depending on the actual holiday.

NOTE: There are State Facilities on this Contract which operate 24/7 and do not close on any holidays. The Contractor may be required to deliver emergency orders per Contract “emergency” delivery requirements.

C. Correctional facilities will provide a lock box for cellular devices and personal tobacco products in the vehicle sallyport. If the Contractor comes into the Administration Building of a correctional facility, the Contractor will need to secure their cellular devices and personal tobacco products in their vehicle prior to entrance. If the Contractor arrives with such products, the Contractor will be requested to return the item to their vehicle. Delivery vehicles that carry tobacco products for other organizations will not be allowed to bring such products into correctional facilities.

D. If the Contractor’s vehicle is equipped with video equipment, the Contractor must have locking capability of interior and exterior facing lenses. Video equipment cannot be used within correctional facilities.

E. Packing slips must accompany all deliveries and deliveries must be signed for by the receiving staff.

List all exception(s):

Bidder must explain the transportation method(s) (e.g. UPS, Fed Ex, contractor fleet, or other third party carrier) the Contractor intends to utilize in delivery of the Contract Deliverables.

2.3. Packaging

A. Each order delivered must be individually packaged and must indicate the ordering agency’s name, address and order number. Each order will utilize the box size that is the most appropriate for the quantity of items being shipped.

B. Packing slips must accompany all deliveries and deliveries must be signed for by the receiving staff.

This packing slip must contain the following information:

· agency name and address

· name and telephone number or the person to whom the order is being delivered

· MDOC’s delivery order number

· stock number with a brief description of each item

· unit of issue

· quantity of each item issued

· unit price

· date order was received by Contractor

· shipping code to identify shipping condition (item temporarily out of stock/will ship late, discontinued item or item temporarily out of stock/please reorder)

· total price of the order.

List all exception(s):

2.4. Reserved.

2.5. Reserved.

2.6. Reserved.

2.7. Training.

1. MDOC Provided Training

0. Contractor and/or subcontractor staff, as applicable, are required to complete MDOC training prior to entering into MDOC facilities. The training assigned will be specific to Contractor worksite, level of offender contact, and the services provided under the Contract. Contact the MDOC Contract Manager or designee with any questions concerning MDOC training.

0. Contractor and/or subcontractor staff (that will be entering MDOC facilities) must complete MDOC provided training annually before the end of training year. (The State’s training year is October 1st through September 30th.)

0. Contractor and/or subcontractor staff must annually review and accept the MDOC Vendor Rules and Regulations document as one of the training requirements. (See Section 3.9. Vendor Rules and Regulations)

0. Any contractor staff and/or subcontractor staff who do not complete training by the annual September 30th training deadline may have their permission to provide contract deliverables revoked, as determined by the Program Manager or designee.

2.8. Reporting

The Contractor must submit to the MDOC Program Manager or designee, the following written reports:

A. Monthly Order History Report, which must include prisoner name and number, facility location, item description, item number, quantity purchased, order receipt date, ship date and delivery tracking information. The report must be submitted by the 15th each month for the previous month’s order history.

B. Monthly Outstanding Invoice Summary…