RFP Documents - FISH - Smith-Root Apex Control Boxes.docx

Michigan.gov/MiProcurement proposal instructions Department of Natural Resources

BRAND SPECIFIC

Smith-Root Electrofisher System Apex Control Boxes Per Specifications Request for Proposal No. 230000001092

Solicitation Manager Name: Lisa Crozier-Green Email: CrozierGreenL@michigan.gov

The sole point of contact for the State concerning this RFP is the Solicitation Manager.

The sole method of contact is email.

Contacting any other State personnel, agent, consultant, or representative about this RFP or any information contained herein may result in bidder disqualification.

The RFP process begins when the RFP is posted on SIGMA VSS and continues through Contract execution.

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.

RFP Structure and Documentation

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is the Solicitation Manager. Contact information for the Solicitation Manager has been included on the Cover Page. Contacting anyone other than the Solicitation Manager, i.e., any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

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

4. MANDATORY MINIMUM REQUIREMENT. This bid is BRAND SPECIFIC. The product proposed must be Smith-Root Apex Electrofisher Units. The Bidder must be the manufacturer or the authorized dealer / distributor of Smith-Root. Bids on alternate brands and / or alternate products will not be considered.

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 emailed questions are accepted. All Bidder questions and official DNR answers to questions will be posted on www.michigan.gov/SIGMAVSS. Please use the following format when submitting questions.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all Mandatory Documents as attachments, and any modifications or withdrawals electronically through SIGMA VSS. The price proposal (Schedule B) should be saved separately and attached as a separate document with the proposal in SIGMA VSS.

The bidder must submit all documents in Microsoft Word. Bidders may also attach copies of documents in PDF format.

Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required, including all Mandatory Documents and Schedule B, may result in proposal disqualification.

The proposal and all attachments must be submitted using SIGMA VSS prior to the proposal deadline. Bidders must be registered in SIGMA VSS to submit a proposal. Do not wait until the last minute to register as a vendor in SIGMA VSS or 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, 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 is available for assistance with submitting a proposal in SIGMA VSS but will not assist with submitting a proposal or attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

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

7. EVALUATION PROCESS. A responsive proposal is one that is submitted in accordance with the proposal instructions and meets all requirements identified in the solicitation and / or Schedule A – Statement of Work. A responsible vendor successfully demonstrates, by the responses provided in the Vendor Questions Worksheet, that the vendor can successfully provide the goods and / or perform the services identified by the solicitation. Proposals may be considered non-responsive and / or disqualified if not submitted in accordance with the solicitation instructions, or which do not include all the information requested. The State may request vendor clarification on vague or ambiguous responses but cannot request clarification if no response is included. Proposals considered non-responsive and / or disqualified may not be considered for award recommendation.

Proposals must include complete responses to

· Vendor Questions Worksheet

· Schedule A – Statement of Work

· Schedule B – Vendor Price Quote

The State will evaluate each proposal based on the following factors:

The Vendor Questions Worksheet will be evaluated to determine whether the Bidder provided responses to all sections and has demonstrated, by the responses provided, that they possess the relevant experience required to successfully provide the Contract Activities.

Schedule A – Statement of Work will be evaluated to determine whether the Bidder has provided responses to all sections and has demonstrated, by the responses provided, the ability to meet the required specifications and to comply with State requirements.

Proposals receiving a PASS on both the Vendor Questions Worksheet and Schedule A – Statement of Work will have pricing evaluated and be considered for award.

PRICE EVALUATION

Schedule B – Vendor Price Quote will be evaluated to determine whether the price proposed for the Contract Activities is within the State’s anticipated fair market value. Schedule B – Vendor Price Quote must be completed and a price for each service included in the proposal must be submitted as an attachment to the proposal entered in SIGMA VSS. The price provided in each line item (lot) in SIGMA VSS should be the Total Price Proposed from Schedule B.

The State is not obligated to accept the lowest priced proposal.

The State may utilize all bidder information without regard to a proposal’s technical score and may review the vendor’s website or contact references to determine whether the vendor can successfully provide the services required, or to determine fair market value for the services sought. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB.

The State 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.

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

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

10. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

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

11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder receiving a PASS on both proposal documents, offering the best combination of factors stated in the Evaluation Process section of this document, and price as demonstrated by the proposal. The State will post a Notice of Intent to award (NIA1) on SIGMA VSS which will include, as an attachment, the Award Recommendation and Evaluation Synopsis.

12. DEBRIEF MEETING AND BID PROTEST. The Award Recommendation and Evaluation Synopsis will provide instructions on how participating bidders may request a debrief meeting. Vendors who did not submit a proposal and / or subcontractors of bidders are ineligible for a debrief meeting.

Participating bidders who wish to initiate a protest of the award must submit a written protest to GyorkosL@michigan.gov no later than 3:00 p.m. EST five (5) calendar days after posting the Notice of Intent to Award, or by 3:00 p.m. EST the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

Additional information regarding the protest process and information required is available at www.michigan.gov/micontractconnect under the “Bidder Protests” link.

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

14. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 60 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 of 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 SIGMAVSS are the State’s property.

15. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. As a public record, all portions of the bidder’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, the State may exempt some information from disclosure as permitted by law. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a bidder’s proposal is exempt from disclosure under FOIA. A bidder’s failure to comply with this Section is grounds for rejecting a bidder’s proposal as non-responsive. As a part of its proposal, each bidder must follow the procedure below.

SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. THIS IS A MANDATORY DOCUMENT. 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 2300000001092 BRAND SPECIFIC – Smith-Root Apex Electrofisher Control Boxes - Per Specifications

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 2300000001092 BRAND SPECIFIC – Smith-Root Apex Electrofisher Control Boxes – Per Specifications

Printed Name, Title, Company vendor questions worksheet Department of Natural Resources

BRAND SPECIFIC

Smith-Root Electrofisher System Apex Control Boxes Per Specifications Request for Proposal No. 230000001092

MANDATORY DOCUMENT

COMPLETE AND ATTACH WITH THE PROPOSAL IN SIGMA VSS

Provide a detailed response to every question.

1. Contact Information

Bidder’s sole contact during the RFP process.

Name

Title

Address

Email

Phone Number

Person authorized to review and sign a resulting contract.

Name

Title

Address

Email

Phone Number

2. Company Background Information

SIGMA VSS Vendor ID Number

Legal business name

Business Entity (sold proprietor, LLC, Inc., etc.)

What state was the company formed in?

Address

Phone number

Website address

Number of years in business

Number of employees

Legal business name and address of parent company, if applicable

State the physical address of the place of business that would have primary responsibility for this account if awarded a contract under this RFP.

If the answer is Yes, why did the change occur?

If the answer is Yes, how has the change affected your company?

☐ Debarred ☐ Suspended ☐ Disqualified from bidding ☐ Disqualified from contracting

Date

Entity

Details about the situation

Date of Initial Filing

Case Number

Court Number

Jurisdiction

Cause of Action or Claim

Within the last 5 years has your company (or any of its related business entities) defaulted on a contract or had a contract terminated for cause?

If yes, provide the date, contracting entity, type of contract, and details about the termination or default.

☐ Yes ☐ No ☐ Defaulted on Contract ☐ Terminated for Cause

Contracting Agency / Entity

Type of Contract

Date of Default or Termination

Reason for Default or Termination

State your gross annual sales for each of the last 5 years.

If the answer is Yes, describe how the company will “scale up” to manage this increase.

Describe partnerships and strategic relationships you think will bring significant value to the State.

3.

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

Under MCL 18.1261, a “qualified disabled veteran” means a business entity that is 51% or more owned by 1 or more veterans with a service-connected disability. A “service-connected disability” means a disability incurred or aggravated in the line of duty in the active military, naval, or air service as described in 38 USC 101(16).

To demonstrate qualification as a qualified disabled veteran, you must include as an attachment with the EMAILED proposal in SIGMA VSS:

OR

AND

4. Participation in RFP Development or Evaluation

5. State of Michigan Experience and Prior Experience

Does your company have experience working with the State of Michigan?

If YES, please provide information on SOM contracts you have or had in the last 10 years.

If NO –complete the Relevant Experiences section.

☐ Yes ☐ No

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

Bidders without State of Michigan experience must complete the Relevant Experience section, below. Describe at least three (3) relevant experiences from the last five (5) years which demonstrate your ability to perform the Contract Activities included in this RFP.

Relevant experience should be of similar size and scope to the work described in this RFP.

DO NOT attach references without completing this section.

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Description of the scope of the project:

How is this experience relevant to this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Description of the scope of the project:

How is this experience relevant to this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Company Name:

Contact Name:

Contact role at time of project:

Contact phone:

Contact email:

City:

State:

Zip:

Project name:

Description of the scope of the project:

How is this experience relevant to this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

6. Standard Contract Terms

☐ Do Not Agree with Contract Terms (attach written exceptions)

7. Michigan Economic Impact

Number of employees currently employed at locations within the State of Michigan.

Number of additional employees to be employed at locations within the State of Michigan if awarded this Contract (if any)

Minimum wage paid to employees employed at locations within the State of Michigan.

Average wage paid to employees employed at locations within the State of Michigan.

Percentage of employees employed at locations within the State of Michigan that are covered by employer-provided health insurance.

8. Labor, Antidiscrimination and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor, antidiscrimination and employment laws and regulations received within the past five years.

Bidder must disclose any violations of state or federal environmental laws and regulations received within the past five years.

9. Supplier Diversity

10. Other

11. Response to State Requests

Schedule A – statement of work contract activities Company Name: _______________________ Contact: _____________________________ Address: _____________________________ Telephone: ___________________________ Email: _______________________________ SIGMA Vendor I.D.:_____________________

Department of Natural Resources

BRAND SPECIFIC

Smith-Root Electrofisher System Apex Control Boxes Per Specifications Request for Proposal No. 230000001092

MANDATORY DOCUMENT

COMPLETE AND ATTACH WITH THE PROPOSAL IN SIGMA VSS

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

SCOPE

The intent of this RFP is the purchase of eight (8) Smith-Root APEX Electrofisher Control Boxes per the following specifications. This RFP is BRAND SPECIFIC. Bids on alternate brands or alternate models will not be accepted.

MANDATORY MINIMUM – Bidder must be the manufacturer or authorized dealer / distributor of Smith-Root Apex Electrofisher Control Boxes.

REQUIREMENTS

A. General Requirements

1.1. Product Specifications

A. The Contractor must provide the following:

1. EIGHT (8) Smith-Root APEX Electrofisher Control Boxes 120386

· 11241 Manual

· 12037 Apex Control Box

· 12040 Footswitch 15ft Cable

· 12042 Anode Cable 15 ft

· 12043 Cathode Cable 15 ft

· 12044 Input Power Cable 10 ft

Bidder Response:

☐ Contractor agrees.

☐ Contractor proposal varies from Section 1.1, General Requirements. Describe any exceptions here.

1.2. Warranties

A. Describe any warranties included in the bid – add additional rows as needed.

B. Explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements.

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

Bidder Response:

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:

1.3. Incentives

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

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

1.4. Transition

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

Bidder Response:

☐ Contractor agrees.

☐ Contractor agrees with the following exceptions:

2.0. Service Requirements

2.1. Timeframes

A. All Contract Activities must be delivered within 90 calendar days from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

Bidder Response:

☐ Contractor agrees.

☐ Contractor agrees with the following exceptions:

2.2. Delivery

A. The Contractor agrees all equipment and accessories will be delivered within 90 calendar days from receipt of order.

B. The price proposed includes delivery F.O.B Destination to Harrietta, Michigan.

3.0. Pricing

3.1. Price Term

Pricing is firm for the entire length of the Contract.

4.0. Ordering

4.1. Authorizing Document

The appropriate authorizing document for the Contract will be a properly executed Purchase Order.

5.0. Delivery

5.1. Delivery Method

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

Delivery Method:

6.0. Acceptance, Inspection, Testing

6.1. Acceptance

A. Acceptance will be per the Acceptance section of the Standard Contract Terms.

7.0. Invoice and Payment

7.1. Invoice Requirements

A. All invoices submitted to the State must include:

(a) date

(b) purchase order number

(c) quantity

(d) description of the Contract Activities

(e) unit price

(f) vendor-generated invoice number; and

(h) total price.

7.2. Payment Methods

A. The State will make payment for Contract Activities by Electronic Funds Transfer (EFT) only. Awarded Contractor must be registered in SIGMA VSS and EFT compliant prior to issuance of Purchase Order.

8.0. Liquidated Damages

A. 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 $500 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Schedule B - Pricing Company Name: _______________________ Contact: _____________________________ Address: _____________________________ Telephone: ___________________________ Email: _______________________________ SIGMA Vendor I.D.:_____________________

Department of Natural Resources

BRAND SPECIFIC

Smith-Root Electrofisher System Apex Control Boxes Per Specifications Request for Proposal No. 230000001092

MANDATORY DOCUMENT

COMPLETE AND ATTACH WITH THE PROPOSAL IN SIGMA VSS

1. The Contractor must provide a pricing schedule for the proposed Contract Activities using this Schedule B, as well as entering the price proposed included delivery F.O. B. Destination in SIGMA VSS. Failure to complete the pricing schedule as requested may result in disqualification of your proposal.

2. Price proposals must include all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing).

3. The Contractor is encouraged to offer quick payment terms. The number of days must not include processing time for payment to be received by the Contractor's financial institution.

Quick payment terms: % discount off invoice if paid within days after receipt of invoice.

4. By submitting its proposal, the Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.

Smith-Root APEX Electrofisher Control Boxes 12038

· 11241 Manual

· 12037 Apex Control Box

· 12040 Footswitch 15ft Cable

· 12042 Anode Cable 15 ft

· 12043 Cathode Cable 15 ft

· 12044 Input Power Cable 10 ft

Enter the price each in the corresponding lot / line in SIGMA VSS

Standard Contract terms This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and [Insert Company Name] (“Contractor”), a [Insert State & Entity Status, e.g., a Michigan corporation or a Texas limited liability company]. This Contract is effective on February 16, 2023 (“Effective Date”), and unless terminated, will expire on September 30, 2023 (the “Term”).

The parties agree as follows:

1. Duties of Contractor. Contractor must perform the services and provide the deliverables (the “Contract Activities”) described in a Statement of Work; the initial Statement of Work is attached as Schedule A – Statement of Work. An obligation to provide delivery of any commodity is considered a service and is a Contract Activity.

Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities unless otherwise specified in a Statement of Work.

Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (i) comply with all State physical and IT security policies and standards which will be made available upon request; and (j) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.

Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever making contact with the State.

2. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.

Lisa Crozier-Green Department of Natural Resources 525 West Allegan, Constitution Hall Lansing, MI 48933 CrozierGreenL@michigan.gov 517-388-6626 [Name] [Street Address] [City, State, Zip] [Email] [Phone]

3. Contract Administrator. The Contract Administrator, or the individual duly authorized for each party, is the only person authorized to modify any terms of this Contract, and approve and execute any change under this Contract (each a “Contract Administrator”):

Lisa Crozier-Green Department of Natural Resources 525 West Allegan, Constitution Hall Lansing, MI 48933 CrozierGreenL@michigan.gov 517-388-6626 [Name] [Street Address] [City, State, Zip]

4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract (each a “Program Manager”):

Lisa Crozier-Green Department of Natural Resources 525 West Allegan, Constitution Hall Lansing, MI 48933 CrozierGreenL@michigan.gov 517-388-6626 [Name] [Street Address] [City, State, Zip]

5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in a Statement of Work) if, in the opinion of the State, it will ensure performance of the Contract.

6. Insurance Requirements.

Contractor, at its sole expense, must maintain the insurance coverage identified below. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or otherwise result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State; and (c) be provided by a company with an A.M. Best rating of "A-" or better, and a financial size of VII or better.

TABLE 6.1

Commercial General Liability Insurance

Minimum Limits:

$1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products/Completed Operations $2,000,000 General Aggregate Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 20 10 12 19 and CG 20 37 12 19.

Umbrella or Excess Liability Insurance

Minimum Limits:

$5,000,000 General Aggregate Contractor must have their policy follow form.

Automobile Liability Insurance

Minimum Limits:

$1,000,000 Per Accident Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) include Hired and Non-Owned Automobile coverage.

Workers' Compensation Insurance

Minimum Limits:

Coverage according to applicable laws governing work activities.

Waiver of subrogation, except where waiver is prohibited by law.

Employers Liability Insurance

Minimum Limits:

$500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease

If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the Effective Date of the Contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least 3 years after completion of the Contract Activities; and (c) if coverage is cancelled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract Effective Date, Contractor must purchase extended reporting coverage for a minimum of 3 years after completion of work.

Contractor must: (a) provide insurance certificates to the Contract Administrator,…