RFP.Medium Truck.BFS.docx

PROPOSAL INSTRUCTIONS

Michigan Department of Transportation Medium Duty Truck and Trailer Mounted Skid Tester Request for Proposal 220000002948

Solicitation Manager Name: ReChelle I. Kendrick Phone: 517-335-5905 Email: KendrickR1@michigan.gov

This is a Request for Proposal (RFP) for the purchase of a Medium Duty Truck and Trailer Mounted Skid Tester

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.

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. 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:

ReChelle I. Kendrick, Solicitation Manager 517-335-5905 KendrickR1@michigan.gov Contacting 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. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager at KendrickR1@michigan.gov no later than 12:00 p.m. Eastern Daylight Time on June 21, 2022. In the interest of transparency, only written questions are accepted. Answers to questions will be posted on www.michigan.gov/SIGMAVSS..

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

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder. Note that all documents and information submitted in any manner as part of a proposal will become public record immediately upon receipt by the State. Proposals received may be posted by the State on the State’s publicly available website after bidders are notified of the award recommendation.

6. MANDATORY MINIMUM REQUIREMENTS To avoid disqualification, the bidder must provide documentation to support the following:

Bidder must be a certified authorized distributor or manufacturer of the offered brand of Trailer Sewer Jetter as describe in Attachment 1 – Specification # C67-0001ST.22. If Bidder is a distributor, a letter from the manufacturer must be attached with the bid response.

Only proposals meeting the mandatory minimum requirements will be considered for evaluation.

7. EVALUATION PROCESS The State will evaluate each proposal on a PASS/FAIL basis based on the following criteria:

The State may utilize all bidder information to determine fair market value for goods or 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

8. ACCEPTANCE OF CONTRACT TERMS. 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.

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

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

11. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who receives a PASS for each criterion and has the lowest price.

The State will publish an Award Recommendation and Evaluation Synopsis, by posting a Notice of Intent to Award (NIA1) on www.michigan.gov/SIGMAVSS.

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

If you wish to initiate a protest of the award, you must submit your written protest to Carol Rademacher, Contract Services Division Administrator, no later than 3:00 p.m., three (3) business days after posting the Award Recommendation and Evaluation Synopsis. The State reserves the right to adjust this timing and will publish any change.

Additional information about the protest process is available at DTMB - Bidder Protests (michigan.gov).

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

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

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

SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form instructions, the proposal may be publicly disclosed in its entirety without redaction after an award recommendation.

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

i. Complete and sign Section 2 of the CT Form if the bidder requests confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

ii. Failure to complete and sign a CT Form may result in disqualification of the bidder. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow the CT Form instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation.

b. FOIA REQUESTS. If a FOIA request is made for a bidder’s proposal, the Public Copy may be distributed to the public along with the bidder’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

c. NO ADVICE. The State will not advise a bidder as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

d. FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

e. Bids containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Bidders may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL 18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

f. Bidder forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of bidder’s proposal submitted under this RFP. Bidder must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of bidder’s proposal submitted under this RFP that bidder has identified as a trade secret, or financial or proprietary information. The State will notify bidder in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense, or any portion thereof, if the State deems necessary. Bidder will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

Michigan.gov/MiProcurement

Michigan.gov/MiProcurement

RFP 220000002824 1

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.

22000000000

Medium Duty Truck and Trailer Mounted Skid Tester

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment. If this section is completed, do not complete Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary.

The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) identifies the Proposal Page #, Section #, and Paragraph #, (2) identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), and (3) explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name. Bidders must also provide the contact information for the person at their organization authorized to respond to inquiries by the State concerning the material.

Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy”.

(1) Proposal Page #, Section #, Paragraph # (2) Material is Trade Secret (TS), Proprietary Financial Information (FI), Proprietary Information (PI) (3) Applicable FOIA Exemption with Written Justification (4) Bidder Contact Information

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

220000000000

Medium Duty Truck and Trailer Mounted Skid Tester

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company vendor questions worksheet Provide a detailed response to each question. “You” and “company” refers to the bidder.

1. Contact Information

Bidder’s sole contact person during the RFP process:

Name:

Title:

Address:

Phone Number:

Email:

Person authorized to receive and sign a resulting contract:

Name:

Title:

Address:

Phone Number:

2. Company Background Information

Legal business name and address.

Business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number.

Number of years in business.

Number of employees.

Legal business name and address of parent company, if any.

Has there been a recent change in organizational structure (e.g., management team) or control (e.g., merger or acquisition) of your company? If the answer is yes: (a) explain why the change occurred and (b) how this change has affected your company.

Has bidder ever been debarred, suspended, or disqualified from bidding or contracting with any entity, including the State of Michigan? If yes, provide the date, the entity, and details about the situation.

Has your company been a party to litigation against the State of Michigan? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction.

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.

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.

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

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 provide:

If yes, enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

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

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

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

5. State of Michigan Experience and Prior Experience

Does your company have experience working with the State of Michigan? If so, please provide a list (including the contract number) of the contracts you hold or have held with the State for the last 10 years.

Describe at least 3 relevant experiences from the last 5 years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

Experience 1

Company name.

Contact name.

Contact role at time of project.

Contact phone.

Contact email.

City.

State.

Zip.

1. Project name and description of the scope of the project.

2. What role did your company play?

3. How is this project experience relevant to the subject of this RFP?

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

Experience 2

Company name.

Contact role at time of project.

City.

1. Project name and description of the scope of the project.

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

Experience 3

Company name.

Contact role at time of project.

City.

1. Project name and description of the scope of the project.

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

6. Standard Contract Terms

Bidder must affirm agreement with the attached Contract Terms. If not in agreement, written exceptions in accordance with the Evaluation Process section of the Proposal Instructions must be provided with Bidder’s proposal.

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

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal 220000002948 Medium Duty Truck and Trailer Mounted Skid Tester

This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required.

The Contractor must respond to each requirement or question and explain how it will fulfill each requirement. Attach any supplemental information and appropriately reference within your response.

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click one checkbox and complete the entries as identified.

SCOPE

The Michigan Department Transportation (MDOT), Transportation Systems Management and Operations, Fleet Division is seeking a one-time purchase of one (1) each Medium Duty Truck and Trailer Mounted Skid Tester. Contractor shall provide a Medium Duty Truck and Trailer Mounted Skid Tester, manuals, training, and technical support (the “Contract Activities”).

1. REQUIREMENTS

1.1. General Requirements

A. The medium duty truck and the trailer mounted skid tester must be the latest model in current production, satisfactory to meet the performance and design character required in the specification.

B. The medium duty truck and trailer mounted skid tester must be built in accordance with and comply with the following standards:

· American National Standards Institute (ANSI) standards for the U.S.

· Federal Motor Vehicle Safety Standards 108 (FMVSS)

· Federal and Michigan’s Occupational Safety and Health Administration (OSHA & MIOSHA) standards C. The medium duty truck and trailer mounted skid tester must be delivered fully assembled and equipped with the manufacturer’s standard equipment necessary for operation.

D. With the bidder’s proposal, bidder must submit manufacturer’s product literature for the make and model being offered. The literature must show supporting data for the performance and design specifications described within Attachment 1 – Specifications # C67-0001ST.22.

Bidder response:

List all exception(s):

1.2. Specifications

See Attachment 1 - Specifications # C67-0001ST.22. for specific requirements for the Medium Duty Truck and trailer mounted skid tester. The indicated brand/model, Ford F550 Cab & Chassis and Dynatest 1295 Pavement Friction Tester is for reference purposes only; the Bidder may offer alternates.

1.3. Manuals

A. The Contractor must provide two (2) sets of manuals for trailer mounted skid tester at the time of delivery.

· Operating manuals

· Parts and maintenance/service manuals

· System schematics and drawings B. Manuals can be provided in electronic or paper format.

C. Manuals will be at no cost to MDOT.

D. Failure to deliver manuals at the time of delivery may be cause for delay of payment.

Bidder response:

List all exception(s):

1.4. Warranties

A. The Contractor shall provide a one-year warranty covering the trailer mounted skid tester and components OR manufacturer’s warranty, whichever is greater.

B. The medium duty truck will be provided with the original factory warranty.

C. The warranty shall start on the in-service date of the medium duty truck and the trailer mounted skid tester, which is when MDOT first begins to use the unit.

Bidder response:

List all exception(s):

D. The Contractor will explain its warranty period for the trailer mounted skid tester and all components specified, the process to report warranty issues, and how warranty repairs are handled.

Bidder response: Explain warranty period and warranty process

1.5. Recall Requirements and Procedures

The Contractor must notify MDOT and assist with any removal and replacement of defective parts at no additional cost.

Bidder response:

List all exception(s):

Bidder response: Provide detailed recall process

1.6. Quality Assurance Program

The Contractor must have a Quality Assurance Program and process and a point of contact who will address any quality issues Bidder response: Explain Quality Assurance Program and process

Bidder response: Provide contact information

Contact name & title

Telephone #

Email

2. SERVICE LEVELS

2.1. Timeframe for Delivery

MDOT prefers the medium duty truck and trailer mounted skid tester to be delivered within 120 calendar days after receipt of Purchase Order (ARO).

Bidder response: Provide an approximate delivery timeframe Delivery will be approximately days ARO.

2.2. Delivery

A. The completed medium duty truck and trailer mounted skid tester will be shipped F.O.B. Destination and all shipping and/or delivery fees must be included in the price of the medium duty truck and the trailer mounted skid tester.

B. Prior to being delivered, the medium duty truck and trailer mounted skid tester shall be serviced, tested and ready for operation.

C. The Contractor must contact the Program Manager/MDOT Fleet Specialist, Scott Poyer at 517-719-6802, at least 48 hours prior to delivery.

D. The complete medium duty truck and trailer mounted skid tester will be delivered to:

MDOT Lansing Fleet Garage 2522 West Main St.

Lansing, MI. 48917 Attention: Scott Poyer E. Delivery will be accepted between the hours of 8:00 am and 3:00 pm Monday through Friday, except public holidays.

Bidder response:

List all exception(s):

2.4. Meetings

The Contractor will be required to attend any meetings as requested and deemed appropriate by the Program Manager.

Bidder response:

List all exception(s):

2.5. Training

A. The Contractor must provide a minimum 8 hours of operators’ and mechanics’ training for the unit. Training will be provided for 6 to 8 MDOT employees.

B. MDOT will schedule and determine location of training after the unit has been accepted and is ready to be placed in service.

C. Training will be at no cost to MDOT.

Bidder response:

List all exception(s):

Bidder response: Fully describe training. Include outline, topics covered, and time allotted to each topic. Use below response box or attach separate sheet.

2.6. Technical Support and Repairs

The Contractor must specify its Call Center/Contact telephone number and email address for the State to contact for technical support, repairs, and maintenance.

When providing technical support, the Call Center must resolve the caller’s issue within 30 minutes. If the caller’s issue cannot be resolved within 24 hours, on-site service must be scheduled. The on-site service must be performed within 24 hours of the time the issue was scheduled for service.

The Contractor must explain the process for repairs to under-warranty items and to non-warranty items.

Bidder response: Provide contact information Contact name & title

Telephone #

Email

Bidder response: Describe process for repairs to under-warranty and non-warranty items

3. SECURITY

Contractor’s staff will be required to interact with State personnel and make deliveries to or enter State facilities. The Contractor will be subject the following security procedures:

A. Upon request by the State, the Contractor shall provide detailed information on background checks performed on employees. Contractor is responsible for all costs associated with processing the background checks.

B. The State, in its sole discretion, may also perform security background checks. If so, the Contractor must provide to the State a list of all delivery personnel servicing State of Michigan facilities, including name, date of birth and social security number.

Bidder response:

List all exception(s):

4. PRICE TERM

Pricing is firm for the term of the contract.

Bidder response:

List all exception(s):

5. ORDER AUTHORIZING DOCUMENT

The appropriate document for authorizing an order will be a mutually signed Purchase Order Contract.

Bidder response:

List all exception(s):

6. ACCEPTANCE

6.1. Acceptance and Inspection

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

A. The medium duty truck and trailer mounted skid tester will be subject to a new unit check-in inspection by MDOT personnel for compliance with the Contract specifications and requirements, and product information. The Program Manager or designee will determine if unit is approved or rejected. Inspection will occur after the unit is delivered.

B. Manuals are provided as specified.

Bidder response:

List all exception(s):

6.2. Final Acceptance

Final Acceptance is defined in the Standard Contract Terms, Section 8.

Bidder response:

List all exception(s):

7. INVOICE AND PAYMENT

7.1. Invoice Requirements

All invoices submitted to the State must indicate: (a) date; (b) purchase order/contract number; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) vendor-generated invoice number, and (g) total price.

7.2. Payment Methods

As required by MCL 18.1283, the State will only disburse payments under this Contract through Electronic Funds Transfer (EFT).

The Contractor is responsible for ensuring current banking information is entered in the State vendor website: https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService.

7.3. Procedure

Invoices may be mailed to the attention of Scott Poyer at:

Fleet Administration Michigan Department of Transportation 2522 West Main St.

Lansing, MI 48917

OR

Invoices may be submitted via email to Scott Poyer at PoyerS@michigan.gov.

Bidder response:

List all exception(s):

8. LIQUIDATED DAMAGES

The delivery of Contract Activities must comply with the schedule as specified in the Contract. Late or improper completion of the Contract Activities will interfere with the proper implementation of the fleet management programs utilizing the vehicles/units, to the loss and damage of the State. 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 2/10th of 1% (0.2%) per day, up to 30 days, for each calendar day the Contractor fails to remedy the late or improper completion of the Contract Activities. The State may deduct liquidated damages from the final payment.

Bidder response:

List all exception(s):

Enter company name here Schedule B - Pricing Request for Proposal 220000002948 Medium Duty Truck and Trailer Mounted Skid Tester

1. The Contractor must provide a pricing schedule for the proposed Contract Activities using the below Price Matrix Schedule. The pricing schedule should be submitted in a modifiable format (e.g. Microsoft Word or Excel); however, you may also submit an additional pricing schedule in a non-modifiable format (e.g., PDF). 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.

Bidder response:

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.

PRICE MATRIX SCHEDULE

Medium Duty Truck and Trailer Mounted Skid Tester Including 2 sets of manuals and minimum 8 hours of training

STANDARD CONTRACT TERMS

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and the Contractor.

The parties agree as follows:

1. General. Contractor’s failure to deliver or comply with any of these terms, may result in damages against the Contractor and the termination of the Contract.

2. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Schedule A – Statement of Work (the “Contract Activities”). 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 Schedule A.

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; and (i) 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.

3. 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.

Relationship of the Parties. Contractor is an independent contractor and assumes all rights, obligations and liabilities set forth in the Contract. Contractor, its employees, and agents are not considered employees of the State.

Subcontracting and Assignment. Contractor may not delegate any of its obligations under the Contract without the prior written approval of the State.

4. Background Checks. Upon request, or as may be specified in Schedule A, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.

5. Ordering. Contractor is not authorized to begin performance until receipt of a mutually signed Purchase Order Contract.

6. Acceptance. Contract Activities are subject to inspection and testing by the State within 30 calendar days of the State’s receipt of them (“State Review Period”), unless otherwise provided in Schedule A. If the Contract Activities are not fully accepted by the State, the State will notify Contractor by the end of the State Review Period that either: (a) the Contract Activities are accepted but noted deficiencies must be corrected; or (b) the Contract Activities are rejected. If the State finds material deficiencies, it may: (i) reject the Contract Activities without performing any further inspections; (ii) demand performance at no additional cost; or (iii) terminate this Contract.

Withi…