RFP Documents - FRD Tree Marking Paint.docx

STATE OF MICHIGAN

Department of Natural Resources

Tree and Boundary Marking Paint Request for Proposal No. 2000000001993

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. Contacting any other State personnel, agent, consultant, or representative about this RFP during the RFP process 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.

Include the bidder’s company name and contact information in the header of all documents submitted with your proposal. Double click in the header section above to enter bidder company information. Double click anywhere in the body of the document to close the header.

PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal.

2. Include the bidder’s company name in the header of all documents submitted with your proposal. Double click in the header section to enter bidder company information.

RFP Structure and Documentation

Complete and attach with proposal in SIGMA

Complete and attach with proposal in SIGMA

Complete and attach with proposal in SIGMA

Complete and attach with proposal in SIGMA

Complete and attach with proposal in SIGMA

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

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

5. QUESTIONS. Bidder questions about this RFP must be EMAILED only 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. Answers to questions will be posted on www.michigan.gov/SIGMAVSS. Submit questions using the format below; a Microsoft Excel format or similar is suggested. Questions must include the Bidders SIGMA Vendor ID in the email in order to receive an answer.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable format (Word or Excel). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation, 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 to assist with navigating SIGMA VSS and / or proposal submittal but will not be available on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

7. EVALUATION PROCESS. The State will evaluate each proposal to determine if the proposal is responsive and the vendor is responsible. A “responsive” proposal is one that is submitted in accordance with the solicitation instructions and meets all requirements identified in the solicitation. A “responsible” vendor is a vendor that demonstrates through the proposal that the vendor is able to successfully perform the duties identified by the solicitation. Proposal evaluation will be based on the following factors:

Proposals receiving a PASS determination on both Mandatory Documents will have pricing evaluated and be considered for award recommendation.

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: https://www.michigan.gov/dtmb/0,5552,7-358-82550_85746_48677-412612--,00.html.

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.

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 proposal offering the best combination of the factors stated in Section 7, Evaluation Process, and price, as demonstrated by the proposal. The State will post a Notice of Intent to Award (NIA1) on SIGMA VSS. The system will send an automated email to all vendors when the NIA1 is posted. The NIA1 will include as an attachment the Award Recommendation and Evaluation Synopsis which details the proposals received, the evaluation results, and award recommendation / rationale.

12. DEBRIEF MEETING AND BID PROTEST. The Award Recommendation and Evaluation Synopsis attached to the NIA1 will provide instructions on how participating Bidders may request a debrief meeting. Subcontractors and non-participating vendors (those who did not submit a proposal) are ineligible for a Debrief Meeting and / or Protest.

Participating Bidders wishing to initiate a protest of the award recommendation must submit the written protest to GyorkosL@michigan.gov no later than 3:00 p.m. EST, FIVE calendar days after the Notice of Intent to Award is posted, 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 about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” 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, approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

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

15. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. 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, some information may be exempt from disclosure. 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.

a. SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process.

i. Complete and sign Section 1 of the CT Form if the bidder does NOT request confidential treatment of information contained in its proposal; or

ii. 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.”

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.

STATE OF MICHIGAN

CONFIDENTIAL TREATMENT FORM (CT FORM)

Include the bidder’s company name in the header of all documents submitted with your proposal. Double click in the header section above to enter bidder company information. Double click anywhere in the body of the document to close the header.

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. This CT Form must be signed by the individual who signed the bidder’s proposal and 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. See Section 15 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 bidder does not request confidential treatment of any material contained in the proposal.

By signing below, the bidder affirms that confidential treatment of material contained in the proposal is not requested.

[Printed Name] [Title] [Company]

Section 2. Confidential Treatment IS Requested

The 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 receive confidential treatment on the portions of the proposal included in this document only.

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 provide the reasons why protection is necessary. The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder:

(1) identifies whether the material is a trade secret (TS), financial information (FI), or proprietary information (PI);

(2) explains the specific legal grounds that support treatment of the material as TS, FI, or PI; and

(3) provides the contact information for the person at bidder’s organization authorized to respond to inquiries by the State concerning the material. Bidders must not simply cite to an applicable act or case name; rather, bidders must provide a complete justification as to how the material falls within the scope of an applicable act or relevant case law.

STATE OF MICHIGAN

CONFIDENTIAL TREATMENT FORM (CT FORM)

By signing below, the bidder affirms that confidential treatment of material contained in its proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

[Printed Name] [Title] [Company]

STATE OF MICHIGAN

VENDOR QUESTIONS WORKSHEET

MANDATORY DOCUMENT FOR EVALUATION

COMPLETE AND ATTACH WITH PROPOSAL IN SIGMA VSS.

Include the bidder’s company name in the header of all documents submitted with your proposal. Double click in the header section above to enter bidder company information. Double click anywhere in the body of the document to close the header.

Provide a detailed response to each question. “You” and “company” refers to the bidder. Bidder response sections left blank or marked N/A may be deemed non-responsive.

1. Contact Information

Bidder’s sole contact person during the RFP process.

Name:

Title:

Address:

Email:

Phone:

Person authorized to receive and sign a resulting contract.

Name:

Title:

Address:

Email:

Phone:

SIGMA Vendor I.D.

2. Company Background Information

Legal Business Name:

Address:

Business Entity Designation (sole proprietor, Inc., LLC, LLP)

What state was the bidding company formed in?

Phone number.

Number of years in business:

Number of Employees:

Legal business name of parent company, if applicable.

Address of parent company, if applicable.

What state was the parent company formed in?

Phone number.

Number of years in business:

Number of Employees:

Physical address of the place of business with primary responsibility for this account if awarded a contract.

If YES, why did this change occur?

If YES, how has this change affected your company?

Discuss your company’s history. Has growth been organic, through mergers and acquisitions, or both?

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

Date of Initial Filing:

Case Number:

Court Number:

Jurisdiction:

Cause of Action or Claim:

☐ Defaulted on Contract ☐ 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 receiving a contract under this RFP will increase your gross revenue by more than 25% from last year’s sales, explain how the company will scale-up to manage this increase.

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

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

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

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

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

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

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

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

4. Participation in RFP Development or Evaluation

5. State of Michigan Experience and Prior Experience

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

If YES, provide requested information in the section below (including the contract number) of the contracts you hold or have held with the State for the last 10 years. Bidders may copy and paste additional sections or include an attachment with additional State of Michigan Contract history.

☐ 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:

Contract Number:

Contract Start Date:

Contract Expiration Date:

Contract Amount:

Agency:

Contract Administrator:

In ADDITION to any current or prior State of Michigan Contracts included above, describe at least three (3) relevant experiences from the last five (5) years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

The State requires a detailed response to the Relevant Experience sections, below. Bidders may also attach a document listing references.

Bidders without relevant experience should enter “none” in the bidder response section.

Experience 1

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 the subject of this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained:

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 the subject of this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained:

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 the subject of this RFP?

Dollar Value or Contract Amount:

Project Start Date:

Project End Date:

Status (complete, ongoing, phase, etc.)

Results obtained:

6. Standard Contract Terms

☐ DO NOT AGREE

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. Other

Company Name:

Contact:

Address:

Telephone:

Email:

Vendor SIGMA I.D

Version 11 (5/2020) 2

Request for Proposal No. 200000001993 Department of Natural Resources Forest Resources Division Tree and Boundary Marking Paint

SCHEDULE A - STATEMENT OF WORK

MANDATORY DOCUMENT FOR EVALUATION

COMPLETE AND ATTACH WITH 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. 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.

BACKGROUND

The Michigan Department of Natural Resources (DNR) manages over 4 million acres of forest lands. Tree and boundary marking paints are required to prepare forest products for commercial sale. Paint will be used to mark individual trees for sale or to mark the area boundary in a timber sale. Timber sales are designed to improve the condition of the forest by releasing the residual trees from competition; revenue from timber sales is used to manage State Forests.

SCOPE

The resulting Contract will include tree marking paint in a variety of colors supplied in aerosol cans, quarts and gallon containers, and boundary marking paint in a variety of colors supplied in quarts and gallon container, delivered to Forest Resources Division Field Office locations throughout the State.

Suitable brands of paint would include, but not be limited to, Nelson Aero Spot, Nelson Super Spot, NCP BarkMark, or comparable alternate brands. Brands or trade names are included for proposal purposes only and do not limit the Bidder or Contractor to those brands or trade names. Quantities provided are for proposal purposes only and are not a guarantee of the quantity or color that may be purchased from any resulting Contract. Price proposed must include shipping F.O.B. Destination to forest Resources Division Field Office locations throughout the State.

REQUIREMENTS

1. General Requirements A. Paint Specifications:

The Contractor understands and agrees to abide by all terms and conditions included in Section 1, General Requirements.

☐ Contractor Agrees

If Contractor takes exception or for any “NO” response to any portion of Section 1, General Requirements, Contractor to provide item number and detail of exception in Response Box, below.

1.

1.1. Product Specifications

A. Aerosol Tree Marking Paint

1. 12-ounce, aerosol cans

2. Nelson Aero Spot, NCP BarkMark Aerosol or comparable alternate.

3. Guaranteed minimum three-year duration.

4. Colors required / average annual quantity purchased:

Bid Response: Put a check mark in the green boxes above to denote colors available. State the container size proposed / fluid ounces and the manufacturer and brand name of the proposed aerosol tree marking paint in the Response box below:

Response

B. Tree Marking Paint in Quart Containers.

1. Paint must be gun type.

2. Nelson Aero Spot, NCP BarkMark Aerosol or comparable alternate.

3. Paint must spray easily through a hand-operated spray gun up to a minimum of 10 feet with no clogging or settling.

4. Quart cans must have a round, conical top with threads compatible with the Nelson Paint Company brand Nelspot D-103 spray gun.

5. Guaranteed minimum three-year duration.

6. Colors required / average annual quantity purchased:

Bid Response: Put a check mark in the green boxes above to denote colors available. State the manufacturer and brand name of the proposed tree marking paint and indicate gun type compatibility in the Response box below:

Response

☐ YES ☐ NO

Are quart containers compatible with the Nelson paint Company brand Nelspot D-103 spray gun?

IF NO – state spray gun required: ___________________

C. Tree Marking Paint Gun Type in Gallon Containers

2. Nelson Aero Spot, NCP BarkMark Aerosol or comparable alternate.

3. Paint must spray easily through a hand-operated spray gun up to a minimum of 10 feet with no clogging or settling.

4. Guaranteed minimum three-year duration.

5. Colors required / average annual quantity purchased:

Bid Response: Put a check mark in the green boxes above to denote colors available. State the manufacturer and brand name of the proposed tree marking paint in the Response box below:

Response

D. Boundary Marking Paint Gun Type in Quart Containers

2. Nelson Aero Spot, NCP BarkMark Aerosol or comparable alternate.

3. Paint must spray easily through a hand-operated spray gun up to a minimum of 10 feet with no clogging or settling.

4. Quart cans must have a round, conical top with threads compatible with the Nelson Paint Company brand Nelspot D-103 spray gun.

5. Guaranteed minimum five-year duration.

6. Colors required / average annual quantity purchased:

Bid Response: Put a check mark in the green boxes above to denote colors available. State the manufacturer and brand name of the proposed tree marking paint and indicate gun type compatibility in the Response box below:

Response

☐ YES ☐ NO

Are quart containers compatible with the Nelson paint Company brand Nelspot D-103 spray gun?

IF NO – state spray gun required: ___________________

E. Boundary Marking Paint Gun Type in Gallon Containers

2. Nelson Aero Spot, NCP BarkMark Aerosol or comparable alternate.

3. Paint must spray easily through a hand-operated spray gun up to a minimum of 10 feet with no clogging or settling.

4. Guaranteed minimum five-year duration.

5. Colors required / average annual quantity purchased:

Bid Response: Put a check mark in the green boxes above to denote colors available. State the manufacturer and brand name of the proposed tree marking paint in the Response box below:

Response

1.2. Warranties

A. Describe any warranties included in the bid.

B. Explain the process for reporting warranty issues.

C. Describe how defects or replacements are handled.

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

Response

Describe warranty(s):

Explain process for reporting warranty issues:

Describe how defects or replacements are handled:

1.3. Recall Requirements and Procedures - RESERVED

1.4. Quality Assurance Program

A. Explain your Quality Assurance Program(s).

Bidder Response:

1.5. Incentives

A. Explain any special incentives or services including, but not limited to, quick payment terms, policies, quantity discounts, etc.

2. Service Levels

2.1. Time Frames

A. All Contract Activities must be delivered within SEVEN (7) business days from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

2.2. Delivery

A. Delivery will be F.O.B. Destination.

B. Delivery will be made at various locations throughout the State, both Upper and Lower Peninsulas.

C. Delivery locations may require lift gate service.

2.3. Installation - RESERVED

2.4. Technical Support and Repairs - RESERVED

2.5. Maintenance - RESERVED

2.6. Training - RESERVED

2.7. Reporting

A. The Contractor must submit the following reports to the Program Manager, Contract Administrator, or designee when requested:

1. Annual Sales Report by State Fiscal Year (10/1 – 9/30) including:

a. Item

b. Color

c. Quantity

d. Price Each

e. Total Spend B. The Contractor must explain its reporting capabilities and any reporting that is included in its proposal.

2.8. Meetings

A. The Contractor must attend any meetings required by the DNR. The State may request meetings as it deems appropriate.

The Contractor understands and agrees to abide by all terms and conditions included in Section 2, Service Levels including time frames, delivery, reporting, and meetings.

If Contractor takes exception to any portion of Section 2, Service Levels, Contractor to provide detail of exception in Response Box, below.

3. Staffing

3.1. Contractor Representative

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

B. The Contractor Representative must be available for calls during the hours of 8:00 a.m. to 5:00 p.m. EST, Monday – Friday.

C. If the Contractor Representative is unavailable for contact during the stated days and times, the Contractor Representative should provide back-up contact information via voice mail and automated email reply.

D. The Contractor must notify the Contract Administrator at least TEN (10) calendar days before removing or assigning a new Contractor Representative.

Contractor Representative:

Email:

Telephone:

Days / Times Available:

3.2. Key Personnel

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

1. The Contractor must appoint ONE (1) individual who will be directly responsible for the day to day operations of the Contract (“Key Personnel”). The individual appointed may be the same individual as the Contractor Representative.

1. Key Personnel must be specifically assigned to this account, knowledgeable on the contractual requirements, and respond to State inquires within FOUR (4) business hours.

1. The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency, resignation, or termination for cause.

1. The State may request a résumé and conduct an interview before approving a change.

1. The State may require a 30-calendar day training period for replacement personnel.

1. 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.

Key Personnel:

Physical Location:

Email:

Telephone:

Days / Times Available:

Functions Performed:

3.3. Disclosure of Subcontractors

1. The Contractor must disclose all subcontractors intended for any portion of the Contract Activities including, but not limited to transport services, vehicle rentals, or other suppliers.

1. If the Contractor intends to utilize subcontractors for any portion of the Contract Activities, the Contractor must disclose the following:

Subcontractor’s legal business name, address, and telephone number:

Description of the subcontractor’s organization:

Information concerning subcontractor’s ability to provide the Contract Activities:

The relationship of the subcontractor to the Contractor:

Details of the Contractor’s previous working experience with the subcontractor.

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

3.4. Security

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

1. The bidder must: (a) explain how it intends to ensure the security of State facilities or State property, (b) whether it uses uniforms and ID badges, etc., (c) identify the company that will perform background checks, and (d) the scope of the background checks.

1. The State may require the Contractor’s personnel to wear State issued identification badges.

Contractor Agrees to provide all items and services necessary to perform the Contract Activities per Section 3, Staffing.

If Contractor takes exception to any portion of Section 3, Staffing, Contractor to provide detail of exception in Response Box, below.

4. Pricing

4.1. Price Term

A. Pricing is firm for a 365-day period (“Pricing Period”). The first pricing period begins on the Effective Date of the Contract.

B. Price quoted must include delivery, F.O.B. Destination. Any variation must be included in Schedule B – Pricing.

4.2. Price Changes

1. Adjustments may be requested, in writing, by either party.

1. Any approved adjustments in price will require a mutually executed change notice.

1. Any approved adjustments in price will take effect no earlier than the next Pricing Period.

1. Any adjustments will be based on changes in actual Contractor costs. Any request for adjustment must be supported by written evidence documenting the change in costs.

1. 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.

1. 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.

1. The Contractor remains responsible for Contract Activities at the current price for all orders received before the start date of the new Pricing Period.

5. Ordering

5.1. Authorizing Document

A. The authorizing document for the Contract will be a properly executed Delivery Order.

B. Orders for delivery will be issued to the Contractor by the DNR. An oral, emailed or faxed order for delivery by authorized DNR personnel constitutes an order under the Contract, however, delivery may not be completed until the Contractor received a properly executed Delivery Order (DO).

C. The Contractor may provide an order form for use by DNR staff.

5.2 Order Verification

A. The Contractor must have internal controls, approved by DNR Procurement Services, to verify abnormal orders and to ensure that only authorized individuals place orders.

Describe your ordering process:

Describe internal controls to verify orders:

Do you require a written order?

Will you provide an order form?

5.3 Minimum Order

A. The DNR prefers no minimum order requirement.

B. If the Contractor has a minimum order requirement, provide detail in the Response Box, below:

If yes, describe:

6. Delivery

6.1. Delivery Programs

A. The Contractor must explain in detail its delivery programs (e.g., standard delivery and quick-ship), including any limitations such as quantity / minimum order requirements.

B. The Contractor must describe the transportation proposed (e.g., UPS, FedEx, Contractor fleet, or other third-party carrier).

Describe delivery programs:

Describe limitations such as quantity / minimum order requirements:

Descript proposed transportation method:

6.2. Packaging and Palletizing

A. Packaging must be optimized to permit the lowest freight rate.

B. Shipments must be palletized whenever possible using manufacturer's standard 4-way shipping pallets.

7. Acceptance

7.1. Acceptance, Inspection and Testing

1. Acceptance is pursuant to Section 14, Acceptance, of the Standard Contract Terms.

8. Invoice and Payment

8.1. Invoice Requirements

1. Invoices are pursuant to Section 15 of the Standard Contract Terms.

1. Payment terms are Net 45 days after receipt of invoice (ARI) unless a quick payment discount is offered. 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.

1. All invoices submitted to the State must include:

1. date

1. delivery order number / document ID

1. quantity

1. description of the Contract Activities

1. unit price

1. shipping cost (if any) and

1. total price.

8.2. Payment Methods

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

B. The Contractor…