rfpwr-165022018_food_service_equipment final.pdf

RFP-WR-165022018

Request For Proposal (RFP)

- Food Service Equipment

RFP‐WR‐165022018

Contents

PART 1 – REQUEST FOR PROPOSAL (RFP)

SECTION 1.0 - INTRODUCTION/OVERVIEW:

1.1 Introduction / Background

1.2 Statewide Contract

1.3 RFP Timetable

1.4 Scope

1.5 Master Agreement Term

1.6 Final Agreement Award Determination

1.7 Overview of Solicitation Document

1.8 Minimum Mandatory Requirements

1.9 Wayne R.E.S.A Rights & Responsibilities

1.10 Contacts with Wayne R.E.S.A Personnel

1.11 Conflict of Interest

1.12 Gratuities

1.13 Terms and Definitions

SECTION 2.0 – SCOPE OF WORK

2.1 Product and Service Offerings

2.2 Product Specifications

2.3 Product Categories

2.4 Service Capabilities

2.5 Quotes/Order/Delivery Reporting/Customer Service

2.6 Pricing Terms

2.7 Marketing/Promotional Capabilities

SECTION 3.0 – BIDDING, EVALUATION, SELECTION & AWARD PROCESS

RFP Timetable

3.1 Wayne R.E.S.A. Responsibility

3.2 Truth and Accuracy of Representations

3.3 Proposers Questions

3.4 Preparation of the Proposal

3.5 Bid Submission Deadline

3.6 Business Proposal Format

3.7 Evaluations and Selection Process

3.8 Adherence to Mandatory Requirements (Pass/Fail)

3.9 Evaluation Process

3.10 Evaluation Criteria

3.11 Optional Tools to Enhance Evaluation Process

3.12 Negotiations

3.13 Wayne R.E.S.A. Option to Reject Proposals

3.14 Freedom of Information Act

SECTION 4.0 - TERMS AND CONDITIONS

4.1 Contract Term & Options to Extend Contract

4.2 Laws

4.3 General Provisions

4.4 Insurance

4.5 Indemnification

4.6 Warranties

4.7 Contract Administration

4.8 Acceptance of Deliverables

4.9 Stop Work Order & Termination

PART 2 – PROPOSAL (VENDOR’S RESPONSE)

SECTION 5.0 – RESPONSE TO SOW REQUIREMENTS

5.1 Pricing

5.2 Discounts

5.3 Delivery & Acceptance

5.4 Value Added Services/Products

5.5 Technology for Supporting the Program

SECTION 6.0 – PROPOSER’S INFORMATION & CERTIFICATIONS

6.1 Company Profile

6.2 References

6.3 Assurances and Certifications

A. Contractor’s Employment Eligibility B. Business Operation in Sudan, Iran C. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion D. Certification Regarding Nondiscrimination Under Federally and State Assisted Programs E. Assurance Regarding Access to Records and Financial Statements F. Certificate of Independent Price Determination G. Clean Air and Water Certificate H. Certifications/Disclosure Requirements Related to Lobbying I. Certification Regarding Lobbying Contracts, Grants, Loans, and Cooperative Agreements J. U.S. Department of Energy Assurance of Compliance Non Discrimination in Federally Assisted Programs L. Exceptions to Terms, Conditions and Specifications

SECTION 7.0 – PRICING REQUIREMENTS & SCHEDULE

7.1 Pricing Schedule

7.2 Pricing

7.3 Pricing Information

PART 1 – REQUEST FOR PROPOSAL (RFP)

SECTION 1.0 - INTRODUCTION/OVERVIEW:

1.1 Introduction / Background

It is the intention of Wayne RESA/CoPro+ to competitively bid and award a Master Agreement to a contractor(s) in the category for Food Service Equipment. As a result of this RFP, Wayne RESA/CoPro+ members will have access to the successfully awarded supplier(s) for Food Service Equipment. This contract will enable school districts, non-profit organizations, and public municipalities to purchase on an “as needed” basis from a pool of suppliers from this competitively awarded contract.

Responses shall be received no later than the deadline. Immediately following the deadline, all responses will be opened and the respondents recorded. Any response received later than the specified deadline will be disqualified.

1.2 Statewide Contract

Wayne RESA, as the Lead Public Agency has partnered with Michigan Association of Counties (“MAC”) to make the resultant contract “Master Agreements” from this solicitation available to other public agencies statewide, including state and local governmental entities, local municipalities, school districts, and higher education institutions, and other government agencies and nonprofit organizations, public and private, and agencies for the public benefit (“Public Agencies”), through Collaborative Procurement Plus (“CoPro+”) program. Wayne R.E.S.A. is acting as the contracting agency for any other Participating Public Agency that elects to utilize and issue purchase orders off of the resulting Master Agreements. Use of the Master Agreements by any Public Agency is preceded by their registration as a Participating Public Agency in Collaborative Procurement Plus (“CoPro+”) program.

With corporate, pricing and sales commitments from the Supplier, CoPro+ provides marketing support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase Food Service Equipment without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a statewide demand for Food Service Equipment, and to fulfill obligations as a statewide Supplier.

Purpose of CoPro+ Consortium

1. Provide governmental agencies opportunities for greater efficiency and economy in procuring goods and services.

2. Take advantage of state-of-the-art purchasing procedures to insure the most competitive contracts.

3. Provide competitive price and bulk purchasing for multiple government agencies that yields economic benefits unobtainable by the individual entity.

4. Provide quick and efficient delivery of goods and services.

5. Equalize purchasing power for smaller agencies that are unable to command the best contracts for themselves.

6. Help in assisting with use of best business practices.

Customer Service

1. CoPro+ is dedicated to making our contracts successful for both our members and our awarded vendors.

2. CoPro+ is committed to providing governmental agencies and awarded vendors with high quality service.

3. CoPro+ has dedicated staff available to answer questions, offer guidance and help in any way possible.

Purchasing Procedures

1. Purchase orders are issued by participating governmental agencies to the awarded vendor indicating on the PO “Per WAYNE R.E.S.A. Contract”

2. Awarded vendor delivers goods/services directly to the participating agency.

3. Awarded vendor invoices the participating agency directly.

4. Awarded vendor receives payment directly from the participating agency.

5. Awarded vendor reports sales monthly/quarterly to WAYNE RESA/CoPro+.

1.3 RFP Timetable

The timetable for this RFP is as follows:

Release of RFP: Thursday, February 20, 2018

Questions and Answers Responses: Monday, March 2, 2018

Proposals Due by (5:00 pm/ EST): Tuesday, March 20, 2018

Evaluation/Clarifications/Negotiations: Friday, March 23, 2018

Notice to Award: March 30, 2018

Master Agreement Award Date: April 2018

1.4 Scope

It is the intention of Wayne R.E.S.A. to competitively pre-qualify suppliers in the following category: Food Service Equipment. As a result of this RFP, Wayne RESA/CoPro+ members will have access to a pool of pre-qualified providers available for equipment. The vendors will be competitively selected as having been qualified as defined within the qualification section of this RFP. This contract will enable school districts, non-profit organizations, and public municipalities to purchase on an “as needed” basis from the pool of suppliers awarded by this competitively awarded contract. As each school district or member entities need equipment a simple pricing sheet/task order form will be sent to a prequalified supplier showing the customers location, equipment needed and any other important information needed for the project.

1.5 Master Agreement Term

Any Master Agreement terms shall be for a period of two (2) years from the date of award, with three (3) additional 12-month extension options, which may be exercised at the discretion of Wayne R.E.S.A

1.6 Final Agreement Award Determination

Wayne R.E.S.A. reserves the right to make one total award, one award for each section, multiple awards, or a combination of awards, and to exercise its judgment concerning the selection of one or more proposals, the terms of any resultant agreement(s), and the determination of which, if any, proposal(s) best serves the interests of Wayne RESA.

Additionally, participation in the statewide program is not a mandatory component or requirement in this solicitation in order for a Proposer to receive an award. Proposers have the option to be considered for a local agreement only, or for both a local and national program agreement.

1.7 Overview of Solicitation Document

The solicitation is composed of the following 2 parts:

PART 1: REQUEST FOR PROPOSAL

Section 1.0: INTRODUCTION/OVERVIEW: Specifies the information regarding the requirements of the solicitation process.

Section 2.0: SCOPE OF WORK: Sets forth a description of the required Product and Service Offerings, Product Specifications, Product Categories, Service Capabilities, Order/Delivery/reporting/Customer Service

Section 3.0: BIDDING EVALUATION, SELECTION & AWARD PROCESS: Includes information on how proposals will be evaluated, selected and awarded.

Section 4.0: TERMS AND CONDITIONS:

PART 2: PROPOSAL (Vendor’s Response)

Section 5.0: RESPONSE TO REQUIREMENTS/STATEMENT OF WORK (SOW): Vendor will outline and describe how they propose to delivery and provide Food Service Equipment to ordering entities.

Section 6.0: PROPOSER/VENDOR INFORMATION (FORMS): Vendor will fill out the requisite forms that will be utilized in determining whether the vendor is a responsible Proposer that has the capacity and capability to deliver and provide products under this agreement.

Section 7.0: PRICING SCHEDULE: Vendor will provide pricing information that will be utilized when evaluating price competitiveness. Please see Excel Spreadsheet Appendix A.

1.8 Minimum Mandatory Requirements

Interested and qualified Proposers that can demonstrate their ability to successfully provide the goods and services requested under this RFP are invited to submit proposal(s), provided they meet the following requirements:

1) Proposer must have three (3) years’ experience, within the last five (5) years, providing a range of Food Service Equipment equivalent or similar to the products and services being requested by Wayne R.E.S.A. as described herein.

2) If awarded, supplier will be required to present all product information in electronic catalogs; CoPro+ will assist with all catalog and technology requirements.

1.9 Wayne R.E.S.A Rights & Responsibilities

Wayne R.E.S.A. has the right to amend this RFP by one or more written addendums. Wayne R.E.S.A. is responsible only for that which is expressly stated in the solicitation document and any authorized written addenda thereto. Each addendum shall be made available to each person or organization, which Wayne R.E.S.A. records indicate has received this RFP.

Should any such addendum require additional information not previously requested, failure to address the requirements of such addendum may result in the Proposal not being considered, as determined in the sole discretion of Wayne RESA. Wayne R.E.S.A. is not responsible for and shall not be bound by any representations otherwise made by any individual acting or purporting to act on its behalf.

1.10 Contacts with Wayne R.E.S.A Personnel

All contact with Wayne R.E.S.A. regarding this RFP or any matter relating thereto must be in e-mailed as follows:

Charles Wolford Email address: copro@resa.net

If it is discovered that a Proposer contacted and received information regarding this Solicitation from any Wayne R.E.S.A. personnel other than the person specified above, Wayne RESA, in its sole discretion, may disqualify its proposal from further consideration. Only those communications made by Wayne R.E.S.A. in writing will be binding with respect to this RFP.

1.11 Conflict of Interest

No Wayne R.E.S.A. employee or agent whose position in Wayne R.E.S.A. enables him/her to influence the selection of a Supplier for this RFP, or any competing RFP, nor any spouse of economic dependent of such employees, shall be employed in any capacity by a Proposer or have any other direct or indirect financial interest in the selection of a Supplier.

1.12 Gratuities

It is improper for any Wayne R.E.S.A. officer, employee or agent to solicit consideration, in any form, from a Proposer with the implication, suggestion or statement that the Proposer’s provision of the consideration may secure more favorable treatment for the Proposer in the award of the Master Agreement or that the Proposer’s failure to provide such consideration may negatively affect Wayne RESA’s consideration of the Proposer’s submission.

A Proposer shall not offer or give either directly or through an intermediary, consideration, in any form, to a Wayne R.E.S.A. officer, employee or agent for the purpose of securing favorable treatment with respect to the award of the Master Agreement.

1.13 Terms and Definitions

For the purposes of this RFP the following terms shall apply: Proposer – When referring to vendors who have to provide specific information or meet requirements to be considered for award. (Proposer = Proposer);

whereas Contract/Vendor – Is referring to the Proposer(s) who is selected. This is used to describe what they are required to do “if” they are awarded a Contract

SECTION 2.0 – SCOPE OF WORK

2.1 Product and Service Offerings

It is the intention of Wayne R.E.S.A. to competitively award vendor(s) for Food Service Equipment. Awarded vendor(s) shall provide products and perform covered services under the terms of this agreement.

Respondents shall provide base unit pricing on items they furnish on the Food Service Equipment price sheet.

Please also list a percentage of list price for product options. Catalog and/or price lists must accompany the proposal. The Catalog/price list must be the regular, common available catalog/price list distributed to schools and/or government entities that are published by the manufacturer. Include a copy of the catalog/price list electronically from which discount is calculated. Multiple percentage discount structure is also acceptable.

Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. If respondent has existing cooperative contracts in place, Wayne R.E.S.A. requests equal or better than pricing to be submitted.

Wayne R.E.S.A. is seeking a service provider that has the depth, breadth and quality of resources necessary to provide the following products under this solicitation:

Food Service Equipment

Proposers are to provide a manufacturer catalogs for all types of food service equipment. Proposers catalogs should include basic product specifications for food service equipment that clearly identify brand and product.

Proposers are to indicate in the pricing section of this solicitation the base price of each product listed if possible.

Line Item

Line Item Description

1 AIR SCREEN, REFRIDGERATED MERCHANDISER (MULTIPLE SIZES)

2 BUS CART

3 COLD FOOD COUNTERS (2, 3, 4, 5 WELL)

4 COOK AND HOLD OVEN

5 CONVECTION OVENS (GAS, ELECTRIC, SINGLE, DOUBLE)

6 DISHWASHERS (DOOR TYPE, CONVEYOR)

7 GARBAGE DISPOSER (1, 2, 3, HP)

8 DUNNAGE RACKS (MULTIPLE SIZES)

9 FOOD PROCESSOR

10 FOOD SLICER

11 FREEZERS, REACH-IN (1, 2, 3 SECTIONS)

12 HAND SINK

13 HEAT LAMP - STRIP HEATER

14 HEATED, HOLDING CABINET (1/2, 3/4 AND FULL SIZE)

15 HOT FOOD COUNTER (2, 3, 4, 5 WELL)

16 ICE CREAM FREEZER

17 ICE MACHINE

18 INDUCTION COOKER

19 INSULTATED FOOD CARRIER

20 LUNCH TABLES (MULTIPLE SIZES, STYLES, AND CONFIGURATIONS)

21 MILK COOLER (8, 12, 16 CASE)

22 MIXERS (20 AND 40 QUART)

23 PAN RACK (HALF AND FULL SIZE)

24 REFRIDGERATOR, REACH-IN (1, 2, 3 SECTIONS)

25 REFRIDGERATED PREP TABLES (MULTIPLE SIZES)

26 SHELVING, WIRE (MULTIPLE SIZES)

27 SLICER

STEAMER, CONVECTION (ELECTRIC AND GAS, COUNTER AND FLOOR

MODEL)

29 TILTING SKILLET (GAS AND ELECTRIC, 30 AND 40 GALLON)

30 TOASTER, COVERYOR

31 UTILITY CARTS (ASSORTED SIZES)

32 WALK-IN COOLERS/FREEZERS (MUTIPLE SIZES AND CONFIGURATIONS)

33 WORK TABLES

2.2 Product Specifications

2.2.1 Reservation of Rights

All products being bid shall be certified as new and unused. Please bid the product lines of nationally recognized manufacturers who regularly advertise, promote and distribute catalog products to the school and local government market are preferred. However, the Wayne R.E.S.A. will evaluate the merits of all bids submitted and reserves the right, in its sole and absolute discretion, to accept or reject, in whole or in part, any or all bids or portions of bids with or without cause. Wayne R.E.S.A. further reserves the right to waive any irregularity or informality in the RFP process or any bid, and the right to award to one or multiple vendors.

Wayne R.E.S.A. reserves the right to add or delete products from the bid, extend agreements, or change vendors, in order to best serve the eligible agencies. These changes will follow approved bidding laws. Wayne R.E.S.A. may use the individual product cost, or the sum of groups of products, may group similar products, and/or total cost of ownership, to evaluate prices and award bids. Wayne R.E.S.A. reserves the right to request additional information from any or all Proposers. Wayne R.E.S.A. also reserves the right to select one or more vendors to award a contract to under this RFP. In the event a bid is accepted by Wayne R.E.S.A. and the vendor asserts exceptions, special considerations or conditions after acceptance, Wayne RESA, in its sole and absolute discretion, reserves the right to reject the bid and award other Proposer(s).

2.2.2 Competition Promoted

The name of a model, manufacturer or brand in Wayne R.E.S.A. bid documents shall not be considered as exclusive of other brands unless "NO SUBSTITUTE" is stated in the item description. Proposers may offer a variety of brands and models, as it is the intent of Wayne R.E.S.A. to provide a multitude of options to the eligible agencies. Wayne R.E.S.A. expects all supplies, materials, equipment or products bid to meet or exceed the specifications set forth in this RFP. Further, it is Wayne RESA’s intent that this RFP permit competition. Accordingly, the use of any patent, proprietary name or manufacturer's name is for demonstrative purposes only and is not intended to curtail competition. Whenever any supplies, materials, equipment or products requested in this RFP are specified by patent, proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words "or comparable equivalent," whether or not such words appear. Wayne RESA, in its sole and absolute discretion, shall have the right to determine if the proposed equivalent products/brands submitted by Proposer meet the specifications contained in this RFP and possess equivalent and/or better qualities. It is the Proposer's responsibility to notify Wayne R.E.S.A. in writing if any specifications or suggested comparable equivalent products/brands require clarification by Wayne R.E.S.A. prior to the due date for bids.

2.3 Product Categories

The following product categories are included in this RFP is for Food Service Equipment.

2.4 Service Capabilities

2.4.1 Communication Plan/Contract Management

Proposers shall identify their company standards of communication as they relate to contract performance, issue management, and change management. An issue is an identified event that, if not addressed, may affect schedule, scope, service, delivery, quality, or budget. A change is identified as a change in corporate leadership, structure, merger or acquisition.

2.4.2 Primary Account Representative

Proposers must identify by name and location the primary account representatives who will be responsible for the performance of a resulting contract, as well as contact persons for reports and bid documents.

2.5 Quotes/Order/Delivery Reporting/Customer Service

2.5.1 Generally

Requests for quotes will be initiated by participating agencies as specific needs arise. Participating agencies will issue individual detailed specifications to the pre-qualified vendor pool along with specific response information required, deliverables, and any special terms and conditions. The vendors will respond directly to the requesting agency within the timeframe specified in the request for quote. The participating agency will evaluate the responses and determine the vendor that will be awarded a purchase order (PO).

2.5.2 Ordering Process Capabilities

Proposers shall identify their ordering/customer service capabilities. This includes having the capacity to receive orders electronically, by phone, facsimile, and by written order.

It is preferred that the Vendor have an accessible customer service department with an individual specifically assigned to the Wayne RESA. Customer inquiries should be responded to within 48 hours or two (2) business days.

Eligible Agencies will issue POs directly to the Vendor. Vendors should consider all orders from Eligible Agencies in Michigan to be Wayne R.E.S.A. orders regardless of whether or not the PO makes any reference to Wayne RESA, unless specifically directed otherwise by the ordering agency. Issuance and order placement by an Eligible Agency hereby executes Wayne R.E.S.A.

contract terms and conditions and supersedes other terms and conditions that conflict on the PO.

Resulting orders are to be shipped and billed directly to these institutions.

All products furnished must be in conformity with the participating agency specifications and will be subject to inspection and acceptance by the individual customers at delivery. The right is reserved to reject and return at the risk and expense of the vendor.

2.5.3 Delivery Capabilities/Options

Proposers shall identify their delivery capabilities as part of the Vendor Profile.

Summer Deliveries -Deliveries that occur in the summer months (outside school operational calendars) must be coordinated with each customer. Many schools are closed during the summer. We suggest that, if schools do not include summer shipping directions, the vendor should contact them for clarification.

2.5.4 Delivery Time Frames

If there are supplies or regions of the state that might require a longer delivery time-frame please denote in the Additional Information column of the Pricing Schedule for the respective item.

2.5.5 Reporting Capabilities

Proposers are required to submit quarterly sales reports as described in the Fees Agreement and other reporting documents.

2.5.5 Shipping Errors

The receiving agencies have been instructed to make immediate inspection on receipt of units and to process payment documents promptly. Payment documents, however, will be delayed if the vehicle/equipment fails to comply with specification requirements. Therefore, close pre-delivery inspection is crucial.

2.6 Pricing Terms

2.6.1 Price Guarantee

Promotional Pricing —Proposer may offer promotional pricing for awarded products and/or services during the contract term. Upon promotion expiration, the pricing must return to previous item price and remain in compliance with the Price Stability Guarantee.

Free On Board (F.O.B) Delivered/Destination (Required) Prices shall be quoted "F.O.B. Delivered/Destination" to each Customer with transportation charges prepaid on all orders of one (1) or more.

2.6.2 Bid Pricing

Bid pricing must reflect Net 30 payment terms, including applicable F.O.B. Delivered/Destination shipping and handling charges.

Proposers have the option to provide high-volume pricing. Proposers who offer high-volume pricing may be evaluated more favorably than those who do not. Proposers should specify this discount option in the column specified.

2.6.3 Quantity Term

Vendor agrees to supply the complete quantity and products that each customer requires.

2.6.4 Rebates and Special Promotional Capabilities

All vendors are encouraged to make manufacturer promotions, rebates and special pricing opportunities available. Wayne R.E.S.A. must approve promotional materials referring to the Wayne RESA/CoPro+ Agreement prior to release. Wayne RESA/CoPro+ will post rebate and special pricing information on its web site.

Guidelines for Vendor /Contractor promotions for Wayne RESA/CoPro+ awarded items:

A. Submit all promotions for approval B. Identify the savings amount C. Identify the final price D. Specify the time period in which a purchase must be made E. Identify the link to a rebate form (preferred) or provide the form

2.7 Marketing/Promotional Capabilities

2.7.1 Marketing Plan

The responsibility for marketing will be jointly shared with the Vendor and CoPro+. Proposers must submit a marketing plan that includes all of the following:

A. Contract Launch ~ Kick-Off ~ Transition Plan (press releases, catalog, order forms) B. Marketing Methodology (mailings, meetings, seminars, press releases, personal contacts, proposed dates and locations of activities) C. Staff Servicing the Contract (include specific names, titles, locations and responsibilities) D. Tools and Resources (online ordering, comparison tools, webinars, videos).

E. Marketing Materials (Attach examples) and any other value added items. All marketing materials are subject to WAYNE RESA/CoPro+ review and approval prior to release.

F. Co-branded Landing Page / Website.

G. Conference Exhibit Participation

2.7.2 Vendors Will Be Promoted on CoPro+ “Marketplace” and Website Vendors will be required to present all product information in electronic catalogs; CoPro+ will assist with all catalog and technology requirements.

SECTION 3.0 – BIDDING, EVALUATION, SELECTION & AWARD PROCESS

This section contains key project dates and activities as well as instructions to proposers on how to prepare and submit their proposal:

RFP Timetable

The timetable for this RFP is as follows:

Release of RFP: Thursday, February 20, 2018

Questions and Answers Responses: Monday, March 5, 2018

Proposals Due by (5:00 pm/ EST): Tuesday, March 20, 2018

Evaluation/Clarifications/Negotiations: Friday, March 23, 2018

Notice to Award: March 30, 2018

Master Agreement Award Date: April 2018

3.1 Wayne R.E.S.A. Responsibility

Wayne R.E.S.A. is not responsible for representations made by any of its officers or employees prior to the execution of the Master Agreement unless such understanding or representation is included in the Master Agreement.

3.2 Truth and Accuracy of Representations

False, misleading, incomplete, or deceptively unresponsive statements in connection with a proposal shall be sufficient cause for rejection of the proposal. The evaluation and determination in this area shall be at Wayne R.E.S.A. Administrator/Purchasing agent designee’s sole judgment and his/her judgment shall be final.

3.3 Proposers Questions

Proposers may submit written questions regarding this RFP by e-mail to the individual identified below. All questions must be received by 5:00 pm EST (Eastern Standard Time) no later than Monday, March 5, 2018. All questions, without identifying the submitting company, will be compiled with the appropriate answers and issued as an addendum to the RFP.

When submitting questions please specify the RFP section and paragraph number, and quote the language that prompted the question. This will ensure that the question can be quickly found in the RFP. Wayne

R.E.S.A. reserves the right to group similar questions when providing answers. Questions should be addressed to:

Charles Wolford E-mail address: copro@resa.net

Wayne R.E.S.A. may modify the RFP at any time during the bid process. All changes to the RFP will be posted under the bid number and each posting officially revises the RFP.

3.4 Preparation of the Proposal

Each Proposer must submit a complete proposal in response to this RFP. The proposal must remain valid for at least 120 days from the due date for responses to this RFP.

The Proposer will be responsible for completing all three sections under Part 2 of this RFP, which is titled Proposal – Vendor’s Response. The three sections that are required to be completed are the following:

Section 5.0 – Response to Requirements/SOW - The Proposer’s proposal must include detailed responses to each of the outlined requirements.

Section 6.0 – Proposer’s Information – The Proposer will be required to download the forms in this section. Complete the forms, including signature, and then upload the forms. It is expected that a responsive Proposer will complete each of the forms requested.

Section 7.0 – Pricing Schedule – The Proposer will be required to print out or download the excel spreadsheets that make up the pricing schedule. Then complete and upload or PDF the pricing schedule upon completion.

There are no unique formatting requirements. Information provided shall be organized and in a readable format.

3.5 Bid Submission Deadline

The Deadline for receipt of Bids is: Tuesday, March 20, 2018, 5:00 PM EST (the "Due Date").

A. Submit an electronic version of your Bid to Wayne R.E.S.A. via email to copro@resa.net not later than 5:00 p.m. on Tuesday, March 20, 2018. Wayne R.E.S.A. has no obligation to consider any proposal that is not timely received. Note: Timely delivery is regarded as to the time and date that the e-mail arrives within Wayne R.E.S.A. not when the e-mail was sent. Proposals will not be accepted via U.S. mail or any other delivery method.

B. APPLICANTS ARE RESPONSIBLE FOR ASSURING THAT THE FOLLOWING IDENTIFYING

INFORMATION APPEARS IN THE SUBJECT LINE OF YOUR EMAIL: “RFP-WR-165022018” with Company Name, and “message 1 of 3” as appropriate if the proposal consists of multiple emails. Note:

All e-mails from a Proposer must be received by Wayne R.E.S.A. by the stated time and date in order for the proposals to be deemed submitted on time.

3.6 Business Proposal Format

The content and sequence of the proposal will be as follows:

PART 2

SECTION 5.0 – RESPONSE TO SCOPE OF WORK (Sections 2.1 thru 2.7)

5.1 Product and Service Offerings

5.2 Product Specifications

5.3 Product Categories

5.4 Service Capabilities

5.5 Ordering/Delivery/Reporting/Customers

5.6 Pricing (See Section 7)

5.7 Marketing/Promotional Capabilities

SECTION 6.0 – Proposer’s Information & Certifications

6.1: Company Profile 6.2: Supplier References 6.3.A: Contractor’s Employment Eligibility 6.3.B: Business Operations in Sudan, Iran 6.3.C: Exceptions to Terms, Conditions and Specifications

SECTION 7.0 – Cost Proposal/Pricing Schedule

1. Attachment A

2. Administrative Fees & Discounts (Under Miscellaneous fees and options)

3.7 Evaluations and Selection Process

Wayne R.E.S.A. reserves the sole right to judge the contents of the proposals submitted pursuant to this RFP and to review, evaluate and select the successful proposal(s). The selection process will begin with receipt of the proposal.

An Evaluation Committee selected by Wayne R.E.S.A. Administrator will make evaluation of the proposals.

The committee will evaluate the proposals and will use the evaluation approach described herein to recommend a prospective supplier for award.

All proposals will be evaluated based on Section 3.10 below. All proposals will be scored and ranked in numerical sequence from high to low. Wayne R.E.S.A. may also, at its option, invite proposers being evaluated to make a verbal presentation or conduct site visits, if appropriate. The Evaluation Committee may utilize the services of appropriate experts to assist in this evaluation.

After a prospective supplier has been selected, Wayne R.E.S.A. and the prospective supplier(s) will negotiate a Master Agreement. If a satisfactory Master Agreement cannot be negotiated, Wayne R.E.S.A. may, at its sole discretion, begin negotiations with the next qualified proposer who submitted a proposal, as determined by Wayne RESA. It is anticipated that pre-qualified contract awards will be made to multiple vendors.

3.8 Adherence to Mandatory Requirements (Pass/Fail)

Wayne R.E.S.A. Administrator or designee shall review Part 2, Section 6.0 – Proposer’s Information, and determine if the Proposer meets the minimum requirements as outlined in this RFP.

Failure of the proposer to comply with the minimum mandatory requirements may eliminate its proposal from any further consideration. Wayne R.E.S.A. may elect to waive any informality in a proposal if the sum and substance of the proposal is present.

3.9 Evaluation Process

All Bids will be reviewed for compliance with the mandatory requirements stated within this RFP. Bids deemed non-responsive will be eliminated from further consideration.

A. Wayne R.E.S.A. may contact the Proposer for clarification of the Proposer's Bid.

B. Wayne R.E.S.A. may use other sources of information to perform the evaluation.

C. Wayne R.E.S.A. may require the Proposer to submit additional and/or supporting materials.

D. Responsive bids will be evaluated on the factors identified in this RFP. The Proposer(s) whose bid is advantageous to the Eligible Agencies, taking into consideration the evaluation factors, will be recommended for award approval.

3.10 Evaluation Criteria

3.10.1 Pricing factors as determined by Wayne R.E.S.A. (50 points) Paper and/or Electronic Product Lists

1. Products, services, warranties, etc.

2. Products and Prices listed will be used to establish the extent of a manufacturer’s, services, warranties, etc. available from a particular Proposer.

3.10.2 Additional Discounts (10 points)

The Proposer will be evaluated on additional discounts offered, such as Quick Payment Discounts, Volume Discounts, Catalog Discounts. Discount amounts are to be completed in Attachment A.

3.10.3 Delivery and Acceptance (20 points)

The Proposer will be evaluated based on procedures and process regarding the following:

1. Delivery to all locations in Michigan;

2. Time frames for delivery;

3. Carriers used for deliveries;

4. Ordering procedures;

5. Policies and procedures for accepting delivery;

6. Proposed warranty period and terms;

7. Financial Stability via review of Dun & Bradstreet

8. Quality of catalogs for use by entities that do not have electronic access.

2.10.4 Value Added Services/Products (5 points)

Proposer will be evaluated on ordering/customer service capabilities, issue management, change management, dispute resolution, and communication plan/standards of communication.

3.10.5 References (10 points)

Minimum of three (3) customer references for product and/or services of similar scope dating within the past 3 years.

3.10.6 Technology for supporting the program (5 points)

1. Electronic on-line catalog, order entry use by and suitability for the entity’s needs

2. Quality of vendor’s on-line resources for WAYNE R.E.S.A. members.

3. Specifications and features offered by respondent’s products and/or services.

4. Technology Services related to maintaining and servicing the equipment

3.11 Optional Tools to Enhance Evaluation Process

Wayne R.E.S.A. during the evaluation of proposals may find it necessary to utilize one or multiple tools, as listed below, to facilitate their understanding of the proposal(s) in order to select the best offering to Wayne

RESA.

3.11.1 Clarifications

Wayne R.E.S.A. may issue a clarification request, in writing, to one or all Proposers. A clarification request does not allow a Proposer to change its proposal.

3.11.2 Deficiency Report

Wayne R.E.S.A. may issue a Deficiency Report and Clarification Request (DR/CR) to each Proposer determined to be in the competitive range. The DR/CR response may include any changes to the Proposer’s proposal to address the listed deficiencies or clarifications, including alterations to the Proposer’s price proposal to address correction of the deficiencies.

3.11.3 Oral Presentation

Wayne R.E.S.A. may require an oral presentation of the Proposer's proposal. This presentation provides an opportunity for the Proposer to clarify its proposal.

3.11.4 Site Visit

Wayne R.E.S.A. may conduct a site visit to tour and inspect the Proposer’s facilities.

3.11.5 Best and Final Offer (BAFO)

Wayne R.E.S.A. may request a Best and Final Offer (BAFO) from each Proposer determined to be in the competitive range.

3.12 Negotiations

After a prospective Supplier has been selected, Wayne R.E.S.A. and the prospective Supplier(s) will negotiate a Master Agreement. If a satisfactory Master Agreement cannot be negotiated, Wayne R.E.S.A. may, at its sole discretion, begin negotiations with the next qualified Proposer who submitted a proposal, as determined by Wayne RESA.

3.13 Wayne R.E.S.A. Option to Reject Proposals

Wayne R.E.S.A. may, in its sole and absolute discretion, reject any or all proposals submitted in response to this RFP. Wayne R.E.S.A. shall not be liable for any costs incurred by the Proposer in connection with the preparation and submission of any proposal. Wayne R.E.S.A. reserves the right to waive inconsequential disparities in a submitted proposal.

3.14 Freedom of Information Act

This contract and all information submitted to Wayne R.E.S.A. by the Contractor and Proposers is subject to the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231, et seq.

Wayne R.E.S.A. shall not, in any way, be liable or responsible for the disclosure of any such record or any parts thereof, if disclosure is required or permitted under the Michigan Freedom of Information Act or otherwise by law. The Proposer(s) must specifically label only those provisions of the proposal, which are actually trade secrets, confidential, or proprietary in nature. A blanket statement of confidentiality or the marking of each page of the proposal as "Trade Secret", "Confidential", or "Proprietary" shall not be permitted. Any such designation will be disregarded.

By submitting a response to this RFP, the Proposer shall be deemed to have agreed to indemnify and hold harmless Wayne R.E.S.A. for any liability arising from or in connection with Wayne RESA's failure to disclose, in response to a request under the Michigan Freedom of Information Act, any portion or portions of the Proposer's response to this RFP which have been marked "Trade Secret," "Confidential," or "Proprietary."

SECTION 4.0 - TERMS AND CONDITIONS

4.1 Contract Term & Options to Extend Contract

4.1.1 General Authority

The Contract term begins 04/01/18 and expires 03/31/20. All outstanding Purchase Orders will expire upon the termination of the Contract for any of the reasons listed in section 4, Termination by Wayne RESA, unless otherwise agreed to in writing by Wayne R.E.S.A. Administrator or designee.

Absent an early termination, Purchase Orders issued, but not expired, by the end of the Contract's term will remain in effect for the balance of the fiscal year for which they were issued.

4.1.2 Option to Extend Contract Term

Wayne R.E.S.A. may exercise the option to extend the contract term for 12 months. Wayne R.E.S.A.

will have three one-year (1 year) options. Wayne R.E.S.A. can exercise the option unilaterally six months prior to the expiration date of 03/31/20 with written notice. Any options exercised within the 6 months prior to the expiration must be done by mutual written agreement by both parties.

4.2 Laws

4.2.1 General Authority

This Contract is governed by, and construed according to, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that would apply the substantive law of another jurisdiction to the extent not inconsistent with or preempted by federal law.

4.2.2 Compliance with Laws

The Contractor must comply with all applicable federal, state, and local laws and ordinances in providing the products and services.

4.2.3 Jurisdiction

Any dispute arising from the Contract must be resolved in the State of Michigan. With respect to any claim between the parties, the Contractor consents to venue in Wayne County, Michigan, and irrevocably waives any objections to this venue that it may have, such as lack of personal jurisdiction or forum non-conveniens. The Contractor must appoint agents in the State of Michigan to receive service of process.

4.2.4 Nondiscrimination

In the performance of the Contract, the Contractor agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, or physical or mental disability. The Contractor further agrees that every subcontract entered into for the performance of this Contract will contain a provision requiring non-discrimination in employment, as specified here, binding upon each Subcontractor. This covenant is required under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Contract.

4.2.5 Unfair Labor Practices

Under 1980 PA 278, MCL 423.321, et seq., Wayne R.E.S.A. must not award a Contract or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled under MCL 423.322. This information is compiled by the United States National Labor Relations Board. A Contractor of Wayne RESA, in relation to the Contract, must not enter into a contract with a Subcontractor, manufacturer, or supplier whose name appears in this register. Under MCL 423.324, Wayne R.E.S.A. may void any Contract if, after award of the Contract, the name of the Contractor as an employer or the name of the Subcontractor, manufacturer or supplier of the Contractor appears in the register.

4.2.6 Environmental Provision

For the purposes of this section, "Hazardous Materials" include asbestos, ACBMs, PCBs, petroleum products, construction materials including paint thinners, solvents, gasoline, oil, and any other material the manufacture, use, treatment, storage, transportation or disposal of which is regulated by the federal, state, or local laws governing the protection of the public health, natural resources, or the environment:

(a) The Contractor must use, handle, store, dispose of, process, transport, and transfer any Hazardous Material according to all federal, State, and local laws. Wayne R.E.S.A.

must immediately advise the Contractor of the presence of any known Hazardous Material at the work site. If the Contractor encounters material reasonably believed to be Hazardous Material that may present a substantial danger, the Contractor must: (i) immediately stop all affected work; (ii) notify Wayne R.E.S.A. in accordance with Section 2.3.6, Notices; (iii) notify any entities required by law; and (iv) take appropriate health and safety precautions.

(b) Wayne R.E.S.A. may issue a Stop Work Order if the material is a Hazardous Material that may present a substantial danger and the Hazardous Material was not brought to the site by the Contractor, or does not wholly or partially result from any violation by the Contractor of any laws covering the use, handling, storage, disposal of, processing, transport and transfer of Hazardous Materials. Wayne R.E.S.A. may remove the Hazardous Material, render it harmless, or terminate the affected work for Wayne RESA's convenience.

(c) If the Hazardous Material was brought to the site by the Contractor, or wholly or partially results from any violation by the Contractor of any laws covering the use, handling, storage, disposal of, processing, transport and transfer of Hazardous Material, or from any other act or omission within the control of the Contractor, the Contractor must bear its proportionate share of the delay and costs involved in cleaning up the site and removing and rendering harmless the Hazardous Material according to applicable laws.

The Contractor must comply with all applicable federal, state, and local laws and ordinances in providing the products and services.

4.2.7 Freedom of Information

This Contract and all information submitted to Wayne R.E.S.A. by the Contractor is subject to the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231, et seq.

4.2.8 Abusive Labor Practices

The Contractor may not furnish any deliverable(s) that were produced fully or partially by forced labor, convict labor, forced or indentured child labor, or indentured servitude.

“Forced or indentured child labor” means all work or service (1) exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) performed by any person under the age of 18 under a contract the enforcement of which can be accomplished by process or penalties.

4.3 General Provisions

4.3.1 Bankruptcy and Insolvency

Wayne R.E.S.A. may, without prejudice to any other right or remedy, fully or partially terminate this contract and, at its option, take possession of the work-in-progress and finish the work-in-progress by whatever method Wayne R.E.S.A. deems appropriate if:

(a) the Contractor files for bankruptcy protection;

(b) an involuntary petition is filed against the Contractor and not dismissed within 30 days;

(c) the Contractor becomes insolvent or a receiver is appointed due to the Contractor's insolvency;

(d) the Contractor makes a general assignment for the benefit of creditors; or

(e) the Contractor or its affiliates are unable to provide reasonable assurances that the Contractor or its affiliates can provide the deliverable(s) under this contract.

Contractor will place appropriate notices or labels on the work-in-progress to indicate ownership by Wayne RESA. To the extent reasonably possible, work-in-progress must be stored separately from other stock and marked conspicuously with labels indicating Wayne R.E.S.A. ownership.

4.3.2 Media Releases

News releases (including promotional literature and commercial advertisements) pertaining to the RFP and this Contract or the project to which it relates will not be made without prior approval by Wayne RESA, and only in accordance with the instructions from Wayne RESA.

4.3.3 Antitrust Assignment

The Contractor assigns to Wayne R.E.S.A. any claim for overcharges resulting from county or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the contract.

4.3.4 Legal Effect

Wayne R.E.S.A. is not liable for costs incurred by the Contractor or for payment(s) under this contract until the Contractor is authorized to perform under Section 1.2.4, Ordering.

4.3.5 Entire Agreement

This contract constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter. All attachments referenced in this contract are incorporated in their entirety and form part of this contract.

4.3.6 Order of Precedence

Any inconsistency in the terms associated with this contract will be resolved by giving precedence to the terms in the following descending order:

(a) Mandatory sections (Contract Term, Legal Effect, Insurance, Indemnification, Termination, Governing Law, Limitation of Liability):

(b) The most recent Statement of Work related to this contract;

(c) All sections from Section 4 - Terms and Conditions, not listed in subsection (a);

(d) Any attachment or exhibit to the contract documents;

(e) Any Purchase Order, Direct Voucher, or Procurement Card Order issued under the contract; and

(f) Proposer Responses contained in any of the RFP documents.

4.3.7 Headings

The captions and section headings used in this contract are for convenience only and may not be used to interpret the scope and intent of this contract.

4.3.8 Reformation and Severability

Each provision of the contract is severable from all other provisions of the contract. If any provision of this contract is held unenforceable, then the contract will be modified to reflect the parties' original intent. All remaining provisions of the contract remain in full force and effect.

4.3.9 Approval

Unless otherwise provided in this contract, approval(s) must be in writing and must not be unreasonably withheld or delayed.

4.3.10 No Waiver of Default

Failure by a party to insist upon strict adherence to any term of the contract does not waive that party's right to later insist upon strict adherence to that term, or any other term, of the contract.

4.3.11 Survival

The provisions of this contract that impose continuing obligations, including warranties, indemnification, and confidentiality, will survive the expiration or termination of this contract.

4.3.12 Electronic Payment Requirement

The Contractor must state if they are able to receive electronic fund transfer (EFT) payments.

4.3.13 Cooperation with Third Parties

The Contractor and its Subcontractors must cooperate with Wayne R.E.S.A. and its agents and other contractors, including Wayne RESA's quality assurance personnel. The Contractor must provide reasonable access to its personnel, systems, and facilities related to the contract to the extent that access will not interfere with or jeopardize the safety or operation of the systems or facilities.

4.3.14 Relationship of the Parties

The relationship between Wayne R.E.S.A. and Contractor is that of client and independent contractor. No agent, employee, or servant of the Contractor, or any of its subcontractors, is an employee, agent or servant of Wayne RESA. The Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, and subcontractors during the performance of the Contract.

4.3.15 Time of Performance

(a) The Contractor must immediately notify Wayne R.E.S.A. upon becoming aware of any circumstances that may reasonably be expected to jeopardize the completion of any Deliverable(s) by the scheduled due dates in the latest Wayne RESA-approved delivery schedule and must inform Wayne R.E.S.A. of the projected actual delivery date.

(b) If the Contractor believes that a delay in performance by Wayne R.E.S.A.