RFP 26_2065 - Schedule A - SOW - Amendment 1 - 6-12-2026 - Inspecting & Sampling.docx

Enter your company name Schedule A – Statement of Work Request for Proposal No. 260000002065 Inspecting & Sampling Lead, Molds, Asbestos, and Air Contaminants 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 reference it appropriately within your response.

Background This is a statewide Contract for Industrial Hygiene Consulting and Management Services, such as asbestos inspection & management planning, laboratory services, analysis of samples, third party asbestos monitoring of industrial hygiene services, including indoor air quality investigations, general industrial hygiene investigations/inspections, lead inspection & sampling, lead risk assessment, lead supervision and State of Michigan certified lead instruction.

Industrial hygiene and consulting services are needed to protect the health and safety of workers and visitors to State office buildings. Services range from air quality monitoring, lead cleanup and monitoring asbestos abatement projects in which maintenance staff are involved.

Scope The scope of this Contract includes, but is not limited to, the following:

Inspecting / investigating for, and the sampling of, lead, molds, and asbestos, and other possible in-door air contaminants.

Testing and laboratory analysis of those samples.

Managing and monitoring a cleaning (abatement) contractor.

Evaluating and retesting / resampling to confirm whether the cleaning (abatement) service(s) provided to the State were adequate.

Consulting with the State and making recommendations regarding a given site and its possible health and safety risks to staff or the public, various safety programs, etc.

These services are provided for all State-owned facilities, which includes, but is not limited to, office buildings and facilities, power plants, mechanical rooms, and tunnels, etc.

The State is unable to predict the exact volume of needed industrial hygiene services during any given year. The State is also unable to predict, for any given project assignment, the level of risk from possible environmental hazards, depth of services required, amount of monitoring for site cleaning or restoration (as this depends on the significance of the samples tested, the contaminated materials, other environmental hazards, etc.). Therefore, this Contract is based on immediate service delivery as needed or as directed by the designated Program Manager.

Standard Protocols describing the industrial hygiene services and laboratory analyses, including appropriate laboratory accreditation of any subcontract laboratories, must be followed.

Abatement services (including, but not limited to, asbestos, mold, and lead) are considered out of scope of this Contract.

General Requirements Contractor must provide industrial hygiene consulting services, to include, but not limited to, the following:

29 CFR 1926.1101 for asbestos.

29 CFR 1926.62 for lead.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

The Contractor must provide Industrial Hygiene management and consulting services, for asbestos, lead, molds, or other possible environmental contaminants, as requested by the Program Manager, and according to all applicable Federal and State laws, including MI-OSHA. Management and consulting services include, but are not limited to:

Inspection / investigation:

Air samples on each project that must include background, inside area, outside area, contractor STEL, contractor PEL and final clearance.

Test the following gases with direct read instrumentation:

Carbon Dioxide Hydrogen Sulfide Carbon Monoxide Oxygen Methane Gas (Lower explosive limit methodology is acceptable) Sampling:

The Contractor must determine the appropriate sampling methods to assure building occupants and Contractor health and safety.

Bidder Response

Bidder must describe its approach to determining the appropriate sampling methods.

Describe how you will comply with the requirement(s)

The Contractor must submit the methods used for vinyl asbestos floor tile bulk sample analysis and air sample analysis per Michigan Occupational Safety and Health (MIOSHA) https://www.michigan.gov/leo/bureaus-agencies/miosha or AHERA (Asbestos Hazard Emergency Response Act) https://www.epa.gov/asbestos/asbestos-laws-and-regulations#ahera.

Bidder Response

Bidder must describe its approach to the above requirement.

Describe how you will comply with the requirement(s)

Phase Contrast Microscopy (PCM) sampling material, equipment, and analysis costs must be included in the hourly fee for the Contractor’s staff.

Lead Wipe Sampling:

Dust wipe samples must be collected in adherence to the ASTM E1792-3 method. All samples must be collected in a one square foot disposable template. If due to a limited surface area and one square foot accessibility is not available, those sampling areas will be estimated.

Samples must be collected in a random manner to ensure a high confident test result. On average 25 to 30 samples per survey. All dust samples will be located on an installation floor plan.

Samples of the suspect materials collected during the site inspection must be submitted to an Analytical Laboratory that maintains current accreditation by the National Lead Laboratory Accreditation Program to determine lead concentration.

Submit a summary of the survey, analytical data, floor plan with sampling locations and lead concentrations for records (see Reporting, section 8). Any testing area over 40 ug/ft2 will be deemed contaminated.

Management planning:

Abatement project design.

Abatement instruction.

Bidder Response

Bidder must describe its approach to providing management planning services.

Describe how you will comply with the requirement(s)

Laboratory testing services:

For air samples using PCM.

PCM analysis must be performed in accordance with all applicable federal, state, accreditation, and contract requirements. If laboratory accreditation is required by regulation or contract, those requirements will govern.

For bulk samples using polarized light microscopy (PLM).

Transmission Electron Microscopy (TEM) Services (either in-house or through another accredited laboratory).

Indoor air quality investigations Bidder Response

Bidder must describe its indoor air quality investigation process and any resulting deliverables.

Describe how you will comply with the requirement(s)

State of Michigan certified lead instruction training and associated materials.

Bidder Response

Bidder must describe its certified lead instruction program.

Describe how you will comply with the requirement(s)

Other occupational safety and health related services, as requested, such as:

Health and Safety Program development.

Health and Safety Program audit.

MI-OSHA compliance.

Bidder Response

☐ I have reviewed the above requirement(s) under 3.2 and agree with no exceptions.

☐ I have reviewed the above requirement(s) under 3.2 and have noted any exceptions below.

Exceptions: List all exceptions here

Describe how you will comply with the requirement(s)

Maintain and provide the following memberships, accreditations, and licenses:

The American Industrial Hygienists Association (AIHA), Proficiency Analytical Testing (PAT) Program.

The National Voluntary Laboratory Accreditation Program (NVLAP) Bulk Sample Analysis Certification Program.

An Inter-and Intra-Laboratory Quality Control Program per the 29 CFR 1926.1101 asbestos standard.

Environmental Monitoring Laboratory Accreditation Program (EMLAP).

Contractor assures that its license of registration to provide this service is current. Contractor agrees to provide the Agency with a photocopy of its license(s)/registration(s) upon request.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidders must provide copies of the above memberships, accreditations, and licenses.

List the name of the document(s) provided with your response here.

Additional Service Requirements:

For environmental emergencies, Contractor must contact Program Manager within 15 minutes via telephone, and then once onsite, contact within one hour via telephone.

Likewise, for rush abatement projects determined by a Program Manager, Contractor will be onsite overseeing a contractor within 12 hours from project assignment.

Once the State makes any corrections to the preliminary reports, and forwards the corrected document to the Contractor, within seven (7) business days the Contractor must forward the State the final report for review and comment.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Additional Conditions specific to this Contract:

Contractor must comply with all laws, rules and regulations, including, but not limited to:

Health, Safety, and Fire Codes:

All applicable fire, health, and safety codes and must provide appropriate evidence of such compliance upon request by the Contract Compliance Inspector.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Transition If the Contract ends before results of any inspections are submitted, Contractor must complete any in-process projects, and upon completion of the unfinished project(s), Contractors must follow the same reporting procedures listed in the Contract.

For remaining Transition Responsibilities, see Contract Terms Section 26.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

ADA Compliance The State is required to comply with the Americans with Disabilities Act of 1990 (ADA), including its accessibility standard for websites, applications, content and documents. All Contract Activities created, provided, or made available by Contractor under this Contract in a digital format, including but not limited to, websites, applications, software, mobile applications, text, images, sounds, videos, controls, animations, links, and documents (including files in the following formats: PDF, word processing, presentation, and spreadsheet) must comply with the accessibility standards provided in the Digital Accessibility Standards, located at https://www.michigan.gov/standards.

Michigan Department of Corrections (MDOC) ADA Compliance Requirements:

The Contractor must comply with the Americans with Disabilities Act (ADA) and the Rehabilitation Act and must notify the designated MDOC Program Manager or designee within 24 hours of any request for reasonable accommodation for an offender.

The Contractor must comply and must notify the designated MDOC PMCD Contract Manager or designee within 24 hours of any request for reasonable accommodation made by Contractor’s staff, including temporary and subcontractor staff.

All reasonable accommodation aids, services and equipment needed for Contractor’s staff, including temporary and subcontractor staff, are to be provided by the Contractor.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Timeframes All Contract Activities must be delivered within a timeframe approved by the Agency specific Program Manager or designee. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Training The Contractor must provide the following training:

The Contractor must explain training that is included in its proposal, as well as any additional training capabilities available and related costs, if any.

Michigan Department of Corrections (MDOC) Training Requirements:

Contractor and/or subcontractor staff, as applicable, providing services under the MDOC contract are required to complete MDOC training prior to providing services or 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.

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

Contractor and/or subcontractor staff must annually review and accept the MDOC Vendor Rules and Regulations document (See Schedule A – Exhibit 1 – MDOC Vendor Rules & Regulations) as one of the training requirements.

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.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

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

Reporting The Contractor must submit to the Program Manager or designee of a specific project, the following written reports:

Analysis Report, within seven (7) business days following receipt of all necessary laboratory results to include:

Sample results by layer-sample description Inspector’s description of homogeneous material, if necessary Analyst’s description of color, morphology Sample Location Asbestos content Asbestos type Percentage and description of non-asbestos fiber(s) Amount of non-fibrous material Specific analysis method Other information as requested by the Program Manager Field Service Report, within seven (7) business days following receipt of all necessary laboratory results to include:

Provide the Program Manager with a field service report after each site visit by the Contractor’s field representative / staff, documenting all work completed.

Field service reports must be submitted for all environmental testing projects, which may include but are not limited to such projects as: air quality investigation and testing; asbestos investigation and testing; mold investigation and testing; etc.

Annual Summary Report: Provide a summary report detailing an annual or multi- year service history for each type of service, to be provided within fourteen (14) business days upon request of the Program Manager.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidders must provide sample reports.

List the name of the document(s) provided with your response here.

Meetings The Contractor must attend the following meetings:

Kick-off meeting within 30 calendar days of the Effective Date.

Annual Project Management Meeting; the Contractor's Project Manager will meet annually as a minimum, or as requested by the State’s Program Manager, for the purpose of reviewing various project assignments and reviewing the Contractor’s progress and response in providing necessary guidance to the cleaning (abatement) contractor(s).

The State may request other meetings as it deems appropriate.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Contractor Program Manager The Contractor must appoint 1 individual specifically assigned to State of Michigan accounts who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Program Manager”).

The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning a new Contractor Program Manager.

The Contractor Program Manager or designee must respond to State Inquires within 15 minutes.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must identify its Contractor Program Manager and include a chronological resume for this individual.

Key Personnel See Attachment 1 – Key Personnel for requirements related to the key personnel.

Non-Key Personnel The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning non-key personnel.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Organizational Chart Provide an overall organizational chart that details staff members, by name and title, and subcontractors.

Bidder Response

Provide an overall organizational chart that details staff members, by name and title, and subcontractors.

Add your org chart here or insert the label or filename if you are adding it as a separate attachment.

Customer Service Phone Number The Contractor must specify its phone number for the State to contact the Contractor Program Manager who must be available for calls during the hours of 8 am to 5 pm EST Monday through Friday, at a minimum.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must identify its Customer Service Phone Number and its Customer Service Availability for this proposal by hours and days of the week.

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

The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Contractor.

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

Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Required Subcontractor information. Bidders must complete the table below for each anticipated subcontractor. Copy the table as many times as needed for each subcontractor. Complete the second table with the percentage of work that will be completed by all subcontractors involved.

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.

Is the subcontractor a GDBE?

Whether the Bidder has a previous working experience with the subcontractor.

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.

Work performed by subcontractors

Total percentage of work that will be performed by subcontractors: Insert %

Total percentage of subcontracted work that will be performed by GDBE subcontractors: Insert %

Security The Contractor will be subject the following security procedures:

General Security:

The Contractor must explain any additional security measures in place to ensure the security of State facilities.

The Contractor’s staff may be required to make deliveries to or enter State facilities. The State may require the Contractor’s personnel to wear State issued identification badges.

The Contractor must identify:

How it intends to ensure the security of State facilities.

Whether it uses uniforms and ID badges, etc.

The company that will perform background checks.

The scope of the background checks.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must describe how it will comply with the above requirement(s).

Describe how you will comply with the requirement(s)

Michigan Department of Corrections (MDOC) Security Requirements:

The Contractor/subcontractor and any staff assigned to this contract will be subject to the following security procedures:

No active warrants or pending charges on any staff assigned to this contract.

MDOC reserves the right to approve, decline, or remove Contractor and subcontractor staff from providing services on this Contract.

Not under investigation or under disciplinary action of the Michigan Department of Licensing and Regulatory Affairs.

Has not engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution as defined in 42 U.S.C. 1997.

Has not been convicted of engaging in, attempting to engage in or conspiracy to engage in sexual activity facilitated by force, overt or implied threats of force or coercion, or if the victim did not consent or was unable to consent or refuse.

Has not been civilly or administratively adjudicated to have engaged in the activity described in Section 16.1.2.1.5.

The MDOC may investigate the Contractor/subcontractor’s personnel before they may have access to MDOC facilities and systems. The scope of the background check is at the discretion of the MDOC and the results will be used to determine Contractor/Subcontractor’s personnel eligibility for working within MDOC facilities and systems. The investigations will include Michigan State Police Background checks (ICHAT) and the Law Enforcement Information Network (LEIN) and may include the National Crime Information Center (NCIC). Proposed Contractor/subcontractor personnel may be required to complete and submit an Rl-8 Fingerprint Card for the NCIC Fingerprint Check. Any request for background checks will be initiated by the MDOC and will be reasonably related to the type of work requested.

The Contractor’s/subcontractor’s personnel must be LEIN cleared and received written approval from the MDOC’s Program Manager, Contract Manager, or designee initially and annually by MDOC prior to any work with MDOC offenders. Any Contractor/subcontractor staff with an identified felony conviction must receive approval through the MDOC Deputy Director or designee.

A completed LEIN form for each staff assigned to the contract must be sent to the MDOC-PMCD-CFA-LEINS@michigan.gov and approved by MDOC prior to Contractor/subcontractor’s personnel working with MDOC offenders and annually following approval. There is no cost associated with the LEIN. The LEIN form will be provided to the Contract awardee(s).

The Contractor/subcontractor must document if a Contractor/subcontractor’s personnel assigned to the Contract is related to or acquainted with an offender incarcerated and under the jurisdiction of the MDOC. For Contractor/subcontractor’s personnel who are related to, have a relationship with, contacted or is in contact with and/or are acquainted with an offender, the Contractor’s/subcontractor’s staff member must complete the Offender Contact Disclosure for Contractors and submit it to the MDOC Program Manager or designee. The Contractor must ensure its personnel and subcontractor’s personnel complete the form and notify the MDOC Program Manager of any changes throughout the contract term.

The Contractor/subcontractor’s personnel will be required to enter State facilities. The State may require the Contractor/subcontractor’s personnel to wear State-issued identification badges.

The Contractor/subcontractor’s personnel must anticipate delays when visiting any correctional facility due to issues within the facility.

The Contractor/subcontractor’s personnel must comply with the State's security and acceptable use policies for State IT equipment and resources. Contractor/subcontractor personnel must also agree to the State's security and acceptable use policies before the Contractor/subcontractor personnel will be accepted as a resource to perform work for the State. The Contractor must present these documents to prospective Contractor/subcontractor personnel before the Contractor/subcontractor presents the individual to the State as a proposed resource. Contractor/subcontractor personnel must comply with all physical security procedures in place within the facilities where they are working.

The MDOC reserves the right to deny access to any correctional facility to anyone who fails to comply with any applicable State, Federal, or local law, ordinance or regulation or whose presence may compromise the security of the facility, its offenders, or staff. Weapons, alcoholic beverages, poison, prescription drugs and controlled substances without written certification of needs from a licensed physician (does not include medical supplies for the facility), cellular devices, cameras, and audio or visual recording devices are prohibited from being brought into all MDOC correctional facilities. Tobacco products and smoking also are prohibited both inside a correctional facility and on facility grounds except as specifically authorized by MDOC policy. Wardens may prohibit other items from being brought into their respective correctional facilities.

Security is the facility’s first priority and the Contractor/subcontractor and its personnel must be responsive and respectful of these needs.

The Contractor/subcontractor and its personnel must comply with and cooperate with all correctional facility rules, procedures and processes as well as state and federal laws. Contractor/subcontractor personnel must ensure that they are complying with all facility rules and regulations including, but not limited to, dress code and items allowed to be possessed.

The Contractor/subcontractor personnel must follow the facility entry, exit, and manifest process, including the following:

The Contractor/subcontractor personnel will receive an orientation and training by the MDOC on security, procedures, etc., inside the correctional facility. The Contractor must maintain a copy of the Contractor/subcontractor personnel’s training certificates in the appropriate file for auditing purposes.

The Contractor/subcontractor personnel must follow all MDOC rules, procedures and security processes at all times.

The Contractor must ensure that all Contractor/subcontractor personnel working in a correctional facility are familiar and in compliance with the necessary routines and increased awareness of working inside a facility. Working inside the facility requires that the Contractor/subcontractor personnel develop positive and cooperative relationships with MDOC facility staff.

The Contractor/subcontractor personnel must report any concerns, issues, or rule violations to the MDOC facility staff immediately.

The Contractor/subcontractor personnel must use the MDOC facility staff as a resource for questions and guidance working with prisoners and inside a correctional facility.

The Contractor/subcontractor personnel must defer to MDOC correctional facility staff for directions. The Contractor/subcontractor personnel must remember they are a guest in the facility and that security is the first priority of the facility.

All vehicles entering an MDOC facility will be subject to inspection before entry of the secure perimeter.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must describe how it will comply with the above requirement(s).

Describe how you will comply with the requirement(s)

Michigan State Police (MSP) Security Requirements:

Under the FBI CJIS policy, all personnel accessing criminal justice information systems or facilities are required to pass a fingerprint-based background check. Any criminal convictions may result in the vendor or their employee(s) being refused access to the facility.

Background Checks. Pursuant to Michigan law, all agencies subject to IRS Pub. 1075 are required to ask the Michigan State Police to perform fingerprint background checks on all employees, including Contractor and Subcontractor employees, who may have access to any database of information maintained by the federal government that contains confidential or personal information, including, but not limited to, federal tax information. Further, pursuant to Michigan law, any agency described above is prohibited from providing Contractors or Subcontractors with the result of such background check. For more information, please see Michigan Public Act 427 of 2018. Upon request, or as may be specified in Schedule A, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

State of Michigan Executive Offices Security Requirements:

Any employee of the Contractor, or subcontractor, or anyone performing work in offices of the Governor are required to successfully pass a Michigan State Police background investigation. The investigations are coordinated with the Executive Protection Detail Commander.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. § 15601 The Contractor and the Contractor Personnel must comply with the Final Rule implementing PREA, all applicable PREA Prison and Jail Standards (Schedule A – Exhibit 2 – MDOC PREA Prison and Jail Standards), including but not limited to Lockup, Community Confinement (Schedule A – Exhibit 3 – MDOC Community Confinement Standards), and/or Juvenile, and maintain updates as issued by the Department of Justice (DOJ), and MDOC’s policies. The Contractor and Contractor Personnel must make itself familiar with and at all times must observe and comply with all PREA regulations that in any manner affect the performance under this Contract. Failure to comply with the PREA Standards and related policies of the MDOC will be considered a breach of contract and may result in termination of the contract. PREA Standards may be obtained from the National PREA Resource Center Homepage | PREA.

Contract Personnel who may have contact with MDOC’s prisoners and/or offenders must complete all PREA training prior to entrance in any MDOC Facility and/or providing any services to MDOC’s offenders. Upon completion, each Contractor Personnel must sign MDOC’s training acknowledgement document. Completion dates for computer-based trainings will be documented in MDOC’s online vendor training system for each Contractor Personnel.

For Prison-Based Services - The Contractor and/or Contractor’s personnel must report any information, allegations or incident(s) concerning violations of PREA as soon as personnel is made aware of the alleged occurrence not later than 72 hours in accordance with the PREA Standards and MDOC Policy.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Vendor Rules and Regulations The Contractor will require all contractual staff, including temporary and subcontractor staff, working inside an MDOC correctional facility to review and verify acceptance of the MDOC Vendor Rules and Regulations (See Schedule A – Exhibit 1 – MDOC Vendor Rules & Regulations) upon award of Contract. The purpose of the MDOC Vendor Rules and Regulations is to provide the Contractor with general information regarding basic requirements of providing services to the MDOC and provide notice of work rules. Any revisions to the document will be provided to the Contractor throughout the Contract period, and all contractual staff, including temporary and subcontractor staff, must comply with all documentation provided. The Contractor must maintain copies of their staff’s completion certificates for auditing purposes.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Procurement, Monitoring, and Compliance Division The Procurement, Monitoring, and Compliance Division (PMCD) provides oversight of MDOC contracts and ensures contractors are delivering services according to contract requirements. They will ensure the contractual requirements are being met through monitoring activities such as scheduling kick off meetings, developing monitoring plans, managing service level agreements and transition timelines, and partnering with the MDOC program manager to ensure deliverables are met.

Should any issue(s) arise with a contractor’s performance, PMCD is engaged to document the issue(s) and may pursue a model of progressive discipline that leverages tools such as meetings, Corrective Action Plan Requests, and Vendor Performance letters. When a Corrective Action Plan Request is issued, the State requires that the Contractor confirm receipt and submit their Plan of Action within the timeframe outlined in the request. The State also requires that the Contractor must cure, at no additional cost to the State, any deficiency identified in a Corrective Action Plan Request. The Plan of Action must include a solution that resolves the issue so that it does not reoccur.

PMCD utilizes a progressive correction process for unsatisfactory vendor performance. PMCD reserves the right to utilize any of its contract compliance tools to address contract deficiency(cies) whether progressive or not. PMCD will utilize corrective action tools according to the significance of the contract deficiency.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must describe how it will comply with the above requirement(s).

Describe how you will comply with the requirement(s)

Price Term Pricing is firm for the entire length of the Contract.

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.

Authorizing Document The appropriate authorizing document for the Contract will be a purchase order or a (DO) Delivery Order (the State’s version of a “Purchase Order”), and a (MA) Master Agreement number.

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

The State Program Manager must have the opportunity to review the reports defined in the Reporting section to determine if:

Errors are noted in the draft.

The State does not agree with facts in the report.

Additional adjustments or clarifications are needed in the report.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Invoice Requirements All invoices submitted to the State must include:

Date(s) of service or delivery.

Delivery Order (DO) number.

Detailed description of all contract activities performed.

Material lines separated from service lines.

Unit prices, quantities, and total price.

Contractor may not bill the State for overtime, holiday pay, or lodging expenses.

Invoices must be submitted via email to the Agency specific Accounts Payable email address associated with the work performed.

For payment to be authorized, the Contract Activities reflected on the invoice must have been executed to the satisfaction of the Agency specific Program Manager as required under the contract.

Payment Methods The State will make payment for Contract Activities by EFT (Electronic Funds Transfer).

Bidder Response

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

Explain your process.

Project Plan The Contractor will carry out the projects under the direction and control of the Program Manager or designee.

For this proposal, bidder must provide a detailed plan of how they will inspect and sample lead, molds, asbestos, and air contaminants.

Upon Contract Award, a final project plan must be submitted for final approval within 30 calendar days of the Effective Date. The plan must also include:

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.

The project breakdown showing sub-projects, tasks, and resources required.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must describe how it will comply with the above requirement(s).

Describe how you will comply with the requirement(s)

Required Functionality Relating to Data Retention, Disposal, and Retrieval The State has legal obligations to retain, dispose, and retrieve State Data along with obligations to manage and secure State Data. To meet these obligations, the Solution must allow the State to:

Retain all data for the entire length of the Contract.

Delete its data or request the deletion of its data, even data that may be stored offline or in backups.

Transfer its data back to the State or to a new vendor or new solution.

Transfer its data to the Archives of Michigan as may be required by a retention and disposal schedule.

Retrieve data, even data that may be stored offline or in backups.

Except as otherwise stated in the Contract, Contractor will not dispose of, delete, or destroy State Data without the prior written approval of the State.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bidder must review and explain how the data retention, disposal, and retrieval requirements will be met by the solution and describe its data management capabilities (storage limitations, duration, etc.). If the Solution does not allow the State to perform these activities itself, the bidder must explain how it will support the State’s compliance with these requirements.

Describe how you will comply with the requirement(s)

Liquidated Damages Late or improper completion of the Contract Activities will cause loss and damage to the State and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $5,000 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Unauthorized Removal of Key Personnel will interfere with the timely and proper completion of the Contract, to the loss and damage of the State, and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, the State may assess liquidated damages against Contractor as specified below.

The State is entitled to collect $1,000 per individual per day for the removal of any Key Personnel without prior approval of the State.

The State is entitled to collect $1,000 per individual per day for an unapproved or untrained key personnel replacement.

Schedule A – Attachment 1 – Key Personnel

1. Key Personnel The Contractor must appoint one (1) individual 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 fifteen (15) minutes.

Contractor Program Manager:

This position must be filled by the prime Contractor; this position may not be subcontracted to another vendor.

Contractor must provide one (1) person to serve and fulfill this role, although this individual may also fulfill more than one role on assigned projects.

Minimum education and experience must include not less than either certification as Certified Industrial Hygienist (CIH) or as a Certified Safety Professional (CSP), with not less than two (2) years of professional experience managing, assigning or supervising other CIH’s, CSP’s, or PCM Analysts, and must also include not less than three (3) years of relevant field experience.

Additional Staff: (see Key Personnel Table below) Bidders must include a description of all additional staff that will be assigned to fulfill the requirements of this Contract. Persons with appropriate State of Michigan certifications and under the direct oversight of a person with an appropriate Certification as Certified Industrial Hygienist (CIH) or Certified Safety Professional (CSP) must perform all services under this Contract.

PCM analysts must be trained according to the National Institute for Occupational Safety and Health (NIOSH) 582 course. Industrial hygiene technicians must be equipped and trained to analyze PCM samples on-site.

Inspectors, Management Planners, Project Designers, Project Administrators, and Instructors must be State of Michigan certified.

At least one Contractor staff member is required to be permanently located within 100 miles of the State Capital Complex in Lansing, Michigan.

The State will not pay for travel unless a Contractor staff member must travel more than 100 miles from the State Capital Complex in Lansing.

Contractor reimbursement for travel expenses at the State rates in effect on the date of travel. The State rates are posted on the website located at: https://www.michigan.gov/en/dtmb/services/travel.

The daily compensation and travel reimbursement will be processed and disbursed within 45 days of the work activity.

The per item compensation will be processed and disbursed within 45 days after the respective items receive a review and approval by the Program Manager.

It is expected that reimbursements will be processed once per month (as a batch) for all items approved the previous month.

All other Contractor staff must be available on site within 24 hours’ notice.

The State has the right to recommend and approve in writing the initial assignment, as well as any proposed reassignment or replacement, of any Key Personnel. Before assigning an individual to any Key Personnel position, Contractor will notify the State of the proposed assignment, introduce the individual to the State’s Project Manager, and provide the State with a resume and any other information about the individual reasonably requested by the State. The State reserves the right to interview the individual before granting written approval. In the event the State finds a proposed individual unacceptable, the State will provide a written explanation including reasonable detail outlining the reasons for the rejection. The State may require a 30-calendar day training period for replacement personnel.

Contractor will not remove any Key Personnel from their assigned roles on this Contract without the prior written consent of the State. The Contractor’s removal of Key Personnel without the prior written consent of the State is an unauthorized removal (“Unauthorized Removal”). An Unauthorized Removal does not include replacing Key Personnel for reasons beyond the reasonable control of Contractor, including illness, disability, leave of absence, personal emergency circumstances, resignation, or for cause termination of the Key Personnel’s employment. Any Unauthorized Removal may be considered by the State to be a material breach of this Contract, in respect of which the State may elect to terminate this Contract for cause under the Termination for Cause section of the Standard Contract Terms. It is further acknowledged that an Unauthorized Removal will interfere with the timely and proper completion of this Contract, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any Unauthorized Removal. Therefore, Contractor and the State agree that in the case of any Unauthorized Removal in respect of which the State does not elect to exercise its rights under Termination for Cause, Contractor will issue to the State the corresponding credits set forth below (each, an “Unauthorized Removal Credit”):

For the Unauthorized Removal of any Key Personnel designated in the applicable Statement of Work, the credit amount will be $25,000.00 per individual if Contractor identifies a replacement approved by the State and assigns the replacement to shadow the Key Personnel who is leaving for a period of at least 30-calendar days before the Key Personnel’s removal.

If Contractor fails to assign a replacement to shadow the removed Key Personnel for at least 30-calendar days, in addition to the $25,000.00 credit specified above, Contractor will credit the State $833.33 per calendar day for each day of the 30-calendar day shadow period that the replacement Key Personnel does not shadow the removed Key Personnel, up to $25,000.00 maximum per individual. The total Unauthorized Removal Credits that may be assessed per Unauthorized Removal and failure to provide 30-calendar days of shadowing will not exceed $50,000.00 per individual.

Contractor acknowledges and agrees that each of the Unauthorized Removal Credits assessed above: (i) is a reasonable estimate of and compensation for the anticipated or actual harm to the State that may arise from the Unauthorized Removal, which would be impossible or very difficult to accurately estimate; and (ii) may, at the State’s option, be credited or set off against any fees or other charges payable to Contractor under this Contract.

The Contractor must identify the Key Personnel, indicate where they will be physically located, describe the functions they will perform, and provide current chronological résumés.

The Contractor must identify all Key Personnel that will be assigned to this contract and include the following:

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(s)

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Name and title of staff that will be designated as Key Personnel.

Key Personnel years of experience in the current classification.

Identify which of the required key personnel positions they are fulfilling.

Key Personnel’s roles and responsibilities, as they relate to this RFP, if the Contractor is successful in being awarded the Contract. Descriptions of roles must be functional and not just by title.

Identify if each Key Personnel is a direct, subcontract, or contract employee.

Identify if each Key Personnel staff member is employed full-time (FT), part-time (PT) or temporary (T), including consultants used for the purpose of providing information for the proposal.

List each Key Personnel staff member’s length of employment or affiliation with the Contractor’s organization.

Identify each Key Personnel’s percentage of work time devoted to this Contract.

Identify where each Key Personnel staff member will be physically located (city and state) during the Contract performance.

Key Personnel Table

The Contractor must provide detailed,…