RFP 26-2420 Schedule A - Statement of Work.docx

Enter your company name Schedule A – Statement of Work Request for Proposal No. 260000002420 Non-Chloride Liquid Deicer 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. Yellow fields are also used to identify areas where a bidder response is 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 Contract is for Non-Chloride Liquid Deicer for use in winter operations on several bridge structures throughout the State of Michigan.

Scope This Contract is for Non-Chloride Liquid Deicer for use in winter operations on several bridge structures. Non-Chloride Liquid Deicer is a non-corrosive alternative to corrosive road salt. The Contractor will deliver the product to the locations listed in the pricing spreadsheet.

Mandatory Minimums Contractor must be a certified authorized distributor of Non-Chloride Liquid Deicers and provide documentation stating such with bid response.

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

Product Specifications The Contractor must provide the following:

Description: This specification is for a non-chloride ice control liquid for use during winter operations.

Composition: This product shall be 59 – 64% aqueous corn carbohydrate derivative distillate solution in water.

General Requirements:

· Specific Gravity: 1.14 to 1.17 per ASTM D1429

· Dissolved Solids: 59-64% total dissolved solids

· pH: 5.5 to 8.5

· Solubility: > 99%

· Odor Slightly musty order, non-offensive

· Freeze Point: -36F

· Appearance Clear to Opaque Yellow

· The product shall be a homogenous mixture and not separate in storage.

· The product shall contain a concentration limit of no more than the following: Maximum of .05% of non-hazardous impurities and less than the hazardous constituent limit for each item listed below.

1. Phosphorus 2500 ppm

2. Cyanide 0.20 ppm

3. Arsenic 5.00 ppm

4. Copper 0.20 ppm

5. Lead 1.00 ppm

6. Mercury 0.05 ppm

7. Chromium 0.50 ppm

8. Cadmium 0.20 ppm

9. Barium 10.0 ppm

10. Selenium 5.00 ppm

11. Zinc 10.0 ppm 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

List Manufacturer/Brand being offered and provide specifications sheet:

Product Type Once pricing is provided for an approved product, the Contractor may also offer an alternate bid/product that varies from the specifications. An alternate bid/product must clearly describe all variances from the specifications, and the proposal must include descriptive literature that contains complete specifications, if available. The alternate bid/product will not be included in the “Low Bid” evaluation.

Bidder Response

List alternative bid/product and provide specifications sheet:

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

Bidder Response

Contractor must describe any warranties included in the bid and provide the length of the warranty.

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Explain the process for reporting warranty issues and how any repairs or replacements are made, including timing.

Enter your response

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

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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.

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

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Quality Assurance Program Bidder Response

Explain your Quality Assurance Program(s).

Incentives Bidder Response

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

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 SOM Digital Standards.

Bidder Response

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

Timeframes All Contract Activities must be delivered within 10 business days from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms. Emergency Preparedness: In instances of extreme weather conditions, the State of Michigan must be serviced first, before other customers.

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

Delivery Delivery will be expected within 10 business days upon date of order. A 48-hour notice is required prior to delivery. Delivery will be made at the designated order’s garage location. If an emergency order is needed, the delivery is expected to be made within 48 hours of receipt of order, the 48-hour notice is not required for emergency orders.

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 Bidder Response

Explain any training products handling that is included in your proposal, as well as any additional training capabilities available. Any costs associated with training must be detailed in Schedule B – Pricing.

Explain your proposed training program

Meetings The Contractor must attend the following meetings:

The State may request other meetings as it deems appropriate.

Contractor Program Manager The Contractor must appoint a program manager, 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 14 calendar days before removing or assigning a new Contractor Program Manager.

Bidder Response

Provide name, telephone number, and email address for Contractor Representative.

Enter your response

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 14 calendar days before removing or assigning non-key personnel.

Customer Service Number Bidder Response

The Contractor must specify its customer service number for the State to contact the Contractor Program Manager who must be available for calls during the hours of 8AM to 5PM EST Monday through Friday, at a minimum. Identify customer service availability for this proposal by hours and days of the week.

Insert customer service number

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.

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

☐ 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

Authorizing Document The appropriate authorizing document for the Contract will be a Delivery Order.

Delivery Programs Bidder Response

The Contractor must explain in detail its delivery program(s) (e.g., standard delivery and quick-ship), including any limitations such as quantity.

Explain delivery program(s)

The Contractor must explain the transportation method(s) (e.g., UPS, FedEx, Contractor fleet, or other third-party carrier) it intends on utilizing in delivery of the Contract Activities.

Explain transportation method(s)

Packaging and Palletizing Shipping must be optimized to permit the lowest freight rate.

Bidder Response

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

Acceptance, Inspection and Testing The State will use the following criteria to determine acceptance of the Contract Activities: Visual inspection at time of delivery, verification of specific gravity by department staff at time of delivery and reserve the option for Chemical Analysis at an independent lab for delivery samples.

Final Acceptance When the results of the verification methods listed in Section 7.1 are acceptable, Final Acceptance will be met.

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: (a) date; (b) delivery order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); (g) vendor-generated invoice number and (h) total price.

Payment Methods The State will make payment for Contract Activities using EFT.

Bidder Response

☐ I confirm the above requirement(s) and agree with no exception(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 $1,000 and an additional $500 per day for each day Contractor fails to remedy the late or improper completion of the Work.

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

Environmental and Energy Efficiency Product Standards The Contractor must identify any energy efficient, bio-based, or otherwise environmentally friendly products used in the products. Contractor must include any relevant third-party certification, including the verification of a United States Department of Agriculture certified bio-based product label. Contractor must describe how products that meet these requirements are identified or otherwise labelled and list any exceptions to this requirement.

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.

List all exceptions – either in the Exceptions List table below:

Bidder must provide detailed information as required above – either in this response box or identified here as an attachment to this RFP.

Describe how you will comply with the requirements or indicate the filename of the attachment.

Exceptions List

Hazardous Chemical Identification In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.

The Contractor must identify any hazardous chemicals that will be provided under any resulting contract.

Bidder Response

☐ I confirm the above requirement and agree with no exception

Mercury Content Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. The Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If a cost competitive alternative does exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury.

Bidder Response

☐ I confirm the above requirement and agree with no exception

Brominated Flame Retardants The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible. The Contractor must disclose whether the products contain BFRs and describe how the products are identified or otherwise labelled.

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.

List all exceptions – either in the Exceptions List table below or identified here:

Exceptions List

Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) The Contractor must confirm that the provided products do not intentionally contain PFAS. This consists of all components of the provided products, including product packaging.

Bidder Response

☐ I confirm the above requirement and agree with no exception

Enter your company name

Non-Chloride Liquid Deicer RFP 260000002420 1 Schedule A – Attachment 1 – Key Personnel

1. Key Personnel The Contractor must appoint two individuals 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.

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 $500.00 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 $500.00 credit specified above, Contractor will credit the State $100.00 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 $3,500 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 $3,500 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 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.

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 should be functional and not just by title.

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.

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