RFQ 01A 241029-097.pdf

State of Maine RFQ# 01A 241029-097 Rev. 9/12/2024

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

OFFICE OF STATE PROCUREMENT SERVICES

RFQ # 01A 241029-097

Compact Excavator - John Deere 50-P Tier or Equivalent

Quotations/Responses Due: Tuesday, November 12, 2024 not later than 4:00 p.m. local time

Note: All questions and responses must be provided via the State of Maine’s e-Procurement system: AdvantageME / Vendor Self Service (VSS).

General Instructions on Bidder Questions

It is the responsibility of each Bidder to examine the entire RFQ and to seek clarification by submitting questions through the Q & A List tab on the Solicitation page in the CGI Vendor Self Service (VSS). Any answers to questions will appear there as well. It is the vendor's responsibility to log in to view all questions and answers posted. Additional information obtained any other way will not be valid.

In the event that you must contact us for any other reasons than the Q & A previously mentioned, only the Buyer listed on the Solicitation page may be contacted from the time this RFQ is issued until award notification is made. No other person/State employee is empowered to make binding statements regarding this RFQ. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.

Summary

For this competitive Request for Quotations (RFQ) process, the State of Maine Office of State Procurement Services (“OSPS”) is acting on behalf of the Department of Agriculture, Conservation & Forestry(“Requesting Department”). OSPS and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services listed above. This document provides instructions and descriptions of requirements for this competitive process.

RFQ REQUIREMENTS

1. Description of Requirements

The following is a description of the goods and/or services sought by the State of Maine under this RFQ.

• Please see Appendix B on page 11

2. Bid Contents Requirements

In addition to the cost, delivery, and other information required in VSS, all bids should contain the following information as attachments, in the Appendices listed below:

• Quote on Company Letterhead: This document will be used to evaluate your bid.

Please make sure it contains information demonstrating your bid meets the posted specifications.

• Product Data/Information Sheets: PDF literature from the manufacture for the excavator and attachments bid. Literature must include documentation that the items bid meet or exceed the posted specifications.

• Equivalent Bid Comparison Sheet: Must provide comparison for each spec listed in Appendix B for the excavator requested to the equivalent being bid.

• Warranty Information

• Appendix A: Bid Cover Page and Debarment Form

• Appendix D: ARPA Addendum D

3. Submitting a Quotation

a. Quotations Due: Quotations must be received no later than 4:00 p.m. Eastern Standard Time (EST), on the date listed in VSS. Quotations received after the 4:00 p.m. deadline will not be accepted.

b. Submission Instructions: Bidders must submit their bids in the State of Maine’s electronic procurement system: Advantage “Vendor Self Service” (VSS). More information on this system can be found at the following internet link:

https://www.maine.gov/dafs/bbm/procurementservices/vendors/vendor-self-service-system

c. Multiple Quotations: Unless specifically prohibited in Section 1 of this RFQ, Bidders are permitted to submit multiple quotations for this RFQ, offering alternative items or pricing for the State of Maine to consider in its best value determination.

d. Withdrawal of a Quotation: Bidders are permitted to withdraw their own quotations up until the due date and time for receipt of quotations. To do so, a Bidder must enter the VSS system (as referenced above), identify and open their submitted quotation located in the Solicitation Responses tab, and click the “Withdraw” button found at the bottom of the screen. Quotations cannot be withdrawn after the due date and time for receipt of quotations.

e. Attachments: Any attachments provided with the Advantage VSS bid submission must be in MS Word, MS Excel, or Adobe (.pdf) format, unless otherwise specified in https://www.maine.gov/dafs/bbm/procurementservices/vendors/vendor-self-service-system https://www.maine.gov/dafs/bbm/procurementservices/vendors/vendor-self-service-system

Section 1 of this RFQ. Vendors are encouraged to submit supporting documentation that aid the requesting department in understanding how the bid conforms to the requirements. The VSS attachment file size limit is 2Mb. Please contact the buyer for this RFQ if you must submit attachment files larger than this.

f. Vendor specifications: Unless otherwise stated in this RFQ document, limited specification information will be required upon submission of a bid in response to this RFQ. However, a Bidder’s response should include an affirmative statement that their bid complies with all requirements of this RFQ, unless the Bidder specifically addresses how its bid differs from the specifications, and why the differences should be deemed acceptable by the State.

4. General Instructions

a. The Bidder must submit a cost quotation response that covers the goods and term of the contract, including any optional renewal.

b. The cost quotation shall include the costs necessary for the Bidder to fully comply with the contract terms and conditions and RFQ requirements.

c. Failure to provide the requested information may result in the exclusion of the quotation from consideration, at the discretion of OSPS.

d. No costs related to the preparation of the quotation for this RFQ or to the negotiation of the contract with the Department may be included in the quotation.

e. The State is exempt from the payment of Federal, State and local Taxes on articles not for resale. Please provide quotations that do not include these taxes. Upon application, an exemption certificate can be furnished by the State at the point of contract finalization.

5. Quotation Evaluation and Selection

Evaluation of the submitted quotations shall be accomplished as detailed below:

a. State of Maine RFQ documents are evaluated on a Best Value basis. The term “Best Value” may take into consideration the qualities of the goods or services to be supplied, their conformity with the specifications listed in the RFQ, the purposes for which they are required, the date of delivery, and the best interest of the State.

Once the goods or services have been determined to conform to the specifications then OSPS will make its award decision based on the lowest price among the Bidders. Delivery days can be a factor in awarding.

b. The State reserves the right to not make an award to the lowest price bidder when that bidder has had documented poor performance, and/or a contract terminated or not renewed within the last five years.

c. At the discretion of OSPS, if a Bidder’s submission is deemed to not conform to the specifications listed in the RFQ, or otherwise not conform to the requirements of the RFQ, then that Bidder’s submission may not be considered for contract award.

d. In the event that no Bidder submission conforms to the specifications of this RFQ, then OSPS may choose not to make any award. Alternatively, OSPS may make an award to the Best Value Bidder whose specifications most closely meet the specifications of this RFQ. For example, if there are five specification requirements, and two responses are received with one Bidder meeting four requirements, and one bidder meeting three requirements, then OSPS, at its discretion, may make a contract award to the Bidder meeting four requirements.

e. If the specifications provided with this RFQ are of a technical nature, then OSPS’s RFQ Coordinator, at his or her discretion, may seek to use an evaluation team comprised of subject matter experts, end-users from the Requesting Department, or other State Department representatives. In such a case, the evaluation team will judge the merits of the quotations received in accordance with the best value criteria defined in the RFQ.

6. Negotiations

a. No Best and Final Offers: The State of Maine will not seek a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their Best Value pricing with the submission of their quotation.

b. OSPS reserves the right to negotiate with the successful Bidder to finalize a contract at the same rate or cost of goods and services as presented in the selected quotation. Such negotiations may not significantly vary the content, nature or requirements of the quotation or the RFQ to an extent that may affect the price of goods or services requested. OSPS reserves the right to terminate contract negotiations with a selected Bidder who submits a proposed contract significantly different from the quotation submitted in response to the RFQ.

c. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, OSPS may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized.

Alternatively, OSPS may cancel the RFQ, at its sole discretion.

TERMS AND CONDITIONS FOR RFQ AND CONTRACT

PART I GENERAL INFORMATION ON RFQs

A. Purpose and Background

The State of Maine (“State”) Department of Administrative and Financial Services (“Department”), Office of State Procurement Services (“OSPS”) acts as the purchasing agent on behalf of all Executive Departments and other agencies within State Government. For this competitive Request for Quotations (RFQ) process, OSPS is acting on behalf of the Requesting Department listed on the cover page. OSPS and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services as defined above in Section 1 of this document. This document provides instructions for submitting quotations, the procedure and criteria by which the Bidder(s) will be selected, and the contractual terms which will govern the relationship between the State and the awarded Bidder(s). Following Bidder selection and upon reaching a mutual agreement, the State and the selected Bidder will enter into a contract – taking the form of a State of Maine Master Agreement or Buyer Purchase Order (all generally referred to as “contract” herein), as applicable.

B. General Provisions

1. Issuance of this RFQ does not commit OSPS or the Requesting Department to issue an award or to pay expenses incurred by a Bidder in the preparation of a response to this RFQ. This includes attendance at personal interviews or other meetings and software or system demonstrations, where applicable.

2. All responses to this RFQ should adhere to the instructions and format requirements outlined in this RFQ and all written supplements and amendments (such as OSPS’s answers to the Bidders’ questions submitted through the VSS), as issued by OSPS.

Responses are to follow the format and respond to all questions and instructions specified above in the “Submitting a Quotation” section of this RFQ.

3. Bidders shall take careful note that in evaluating a quotation submitted in response to this RFQ, the Department may consider materials provided in the quotation, information obtained through interviews/presentations (if any), and internal information of previous contract history between OSPS and the Bidder (if any). OSPS also reserves the right to consider other reliable references and publicly available information available in evaluating a Bidder’s experience and capabilities, if needed. All responses to this RFQ shall be considered to be authorized to legally bind the Bidder, and if selected for award, shall contain or be considered to contain a statement that the quotation and the pricing contained therein will remain valid and binding for a period of at least 180 days from the date and time of the bid opening.

4. The RFQ and the selected Bidder’s quotation, including all appendices or attachments, may be incorporated in the final contract.

5. Following announcement of an award decision, all submissions in response to this RFQ will be considered public records available for public inspection pursuant to the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. §§ 401 et seq.).

http://www.mainelegislature.org/legis/statutes/1/title1sec401.html

6. OSPS, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in quotations received in response to this RFQ.

7. OSPS reserves the right to authorize other State Departments to use the contract(s) resulting from this RFQ, if it is deemed to be beneficial for the State to do so.

8. All applicable laws, whether or not herein contained, shall be included by this reference.

It shall be Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them.

C. Eligibility to Submit Bids

Public agencies, private for-profit companies, and non-profit companies and institutions are invited to submit bids in response to State of Maine Requests for Quotations.

D. Delivery Terms

For the purchase of goods, OSPS and selected Bidder will decide upon a delivery date in accordance with the State’s requirements and the terms offered in the Bidder’s quotation.

http://www.mainelegislature.org/legis/statutes/1/title1sec401.html

Unless stated otherwise in Section 1 of this RFQ, all deliveries are expected with shipping terms of “Free on Board (FOB) – Destination”. The State intends for this to mean that all goods shall be priced in the bid response to include shipping charges, if any, to the State’s desired location. The “FOB – Destination” shipping term is also intended to mean that the State shall not bear any responsibility for the goods in question until the State takes possession of them at the destination point of delivery.

E. Alternate Bids and Approved Equals

When, in bid forms and specifications, an article or material is identified by using a trade name and catalog number of a manufacturer or vendor, the term “or approved equal,” if not inserted with the identification, is implied. Any Bidder that seeks to propose an alternate item from what is specified in this RFQ should refer to State of Maine Statute 5 MRSA §1825-B, for “Bids, awards and contracts”, found here:

http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html

F. Appeal of Contract Awards

Any person aggrieved by the award decision that results from this RFQ may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 MRSA § 1825-E and 18-554 Code of Maine Rules, Chapter 120 (found here: Chapter 120). The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within 15 calendar days of receipt of notification of contract award.

If this RFQ results in the creation of a pre-qualified or pre-approved list of vendors, then the appeal procedures mentioned above are available upon the original determination of that vendor list, but not during subsequent competitive procedures involving only the pre-qualified or pre-approved list participants.

PART II CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

The successful Bidder will be required to execute a contract in the form of a State of Maine Buyer Purchase Order, Contract Agreement to Purchase Services or State of Maine Master Agreement.

The Terms and Conditions used with the aforementioned contract types may be found on the Office of State Procurement Services’ website at the following links:

BPO and MA Terms and Conditions Service Contract Terms and Conditions IT Service Contract Terms and Conditions

In the event that the State of Maine’s Standard Terms and Conditions or RFQ provisions do not otherwise cover contractual scenarios that are specific to the goods or services being http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html https://www.maine.gov/dafs/bbm/procurementservices/policies-procedures/chapter-120 https://www.maine.gov/dafs/bbm/procurementservices/policies-procedures/chapter-120 https://www.maine.gov/dafs/bbm/procurementservices/forms https://www.maine.gov/dafs/bbm/procurementservices/forms purchased under this RFQ, then the State is willing to consider a Bidder’s standard terms and conditions. Consideration or use of a Bidder’s standard terms and conditions shall only occur under the general agreement that in the event of a conflict, the State of Maine’s Standard Terms and Conditions and RFQ provisions shall take precedence.

Other forms and contract documents commonly used by the State can be found on the Office of State Procurement Services’ website at the following link:

B. Independent Capacity

In providing services and performing under the contract, the successful Bidder shall act independently and not as an agent of the State of Maine.

C. Payments and Other Provisions

The State anticipates paying the selected Bidder for goods and services received, on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RFQ.

The State of Maine reserves the right to pay for goods purchased through this solicitation by any of several available means, which include but may not be limited to check, EFT, and/or procurement card. Bidders are advised that state statute precludes sellers from imposing a surcharge on credit or debit card purchases (text follows):

“9-A MRSA §8-509 (1): A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means.”

Appendix A

STATE OF MAINE

BID COVER PAGE and DEBARMENT FORM

Bidder’s Organization Name:

Chief Executive - Name/Title:

Tel: Cell: E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

(provide information requested below if different from above)

Lead Point of Contact for Bid - Name/Title:

Tel: Cell: E-mail:

Street Address:

City/State/Zip:

By signing below Bidder affirms:

• Their bid complies with all requirements of this RFQ;

• This bid and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening;

• That no personnel currently employed by the Department or any other State agency participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s proposal;

• That no attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal; and

• The undersigned is authorized to enter into contractual obligations on behalf of the above-named organization.

Name: Title:

Authorized Signature: Date:

Debarment, Performance, and Non-Collusion Certification

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals, and any subcontractors named in this proposal:

a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

b. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

i. fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.

ii. violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

iii. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

iv. have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.

c. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

• Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department.

To the best of my knowledge all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name: Title:

Authorized Signature: Date:

Appendix B

DETAILED SPECIFICATIONS

Equivalent Bid Items: Equivalent items may be bid; however all equivalent item bids MUST include documentation to prove equivalency. The final decision on equivalency will be determined by the requesting Department.

Bid Prices: Bid Price must be with shipping terms of “Free on Board (FOB) – Destination”.

The State intends for this to mean that all goods shall be priced in the bid response to include shipping charges, if any, to the State’s desired location. The “FOB – Destination” shipping term is also intended to mean that the State shall not bear any responsibility for the goods in question until the State takes possession of them at the destination point of delivery.

Quantity: The expected purchase quantity is two (2) units. There is no guaranteed award associated with this bid opportunity. All purchases will depend on the bid results and departmental budget. The State of Maine reserves the right to negotiate the purchase of additional units at the bid price for six months after the award is officially made.

Delivery Locations:

• (1) to Camden Hills State Park, 280 Belfast Road, Camden, ME 04843

• (1) to Sebago Lake State Park, 11 Park Access Road, Casco, ME 04015

Delivery and Inspection: The requested items will be inspected after delivery. If shipment is deemed unacceptable the delivery will be refused and will be returned at the risk and expense of the selling vendor.

Delivery Date: This excavator is needed immediately, delivery date After Receipt of Order (ARO) may be factored into the bid award decision.

Specifications

New 2024 or Newer John Deere 50-P Tier Compact Excavator with Cab, Rubber Tracks, and Standard Arm: 1380 mm (4 ft. 6 in.)

Engine

• Yanmar 4TNV88C

• Displacement 2.19 L (134 cu. in.)

• Non-Road Emission Standard EPA Final Tier 4/EU Stage IV

• Net Power 26.8kW (35.9 hp) at 2,400 rpm

• Auto shutdown

• Engine preheater

• Fuel/water separator

• Key start switch with an electric fuel shutoff

• Single dry-type air filter

• Block heater

Powertrain/Undercarriage

• Each track independently driven by hydrostatic 2-speed axial-piston motor connected to

2-stage planetary gear-reduction box

• Travel Speeds - Low: 2.5 km/h (1.6 mph) / High: 4.2 km/h (2.6 mph)

• Rubber Tracks, 400 mm (16 in.)

• Propel motor shield

Upperstructure:

• 360 – deg rotation

• Counterweight, 700 kg (1,543 lb.)

• Hinged service-access doors

• Toolbox

• ROPS/TOPS/FOPS (cab) with air conditioning and heater

• Vandal protection for service doors, fuel cap, and toolbox

• Zero-tail-swing configuration

• Swing Speed: 9.0 rpm

• Swing Brake: Spring applied, hydraulically released, automatic, disc type

• Independent Swing Boom o Left: 80 deg.

o Right: 60 deg.

Hydraulic System

• Closed-center load sensing with 1 variable-displacement pump

• Pump Flow: 120 L/m (31.7 gpm)

• Auxiliary Flow: 87.4 L/m (23.1 gpm)

• Auto-idle

• Auxiliary Function right-hand pilot-lever control

• Auxiliary hydraulic lines with quick couplers to the end of the boom

• Diverter valves on boom.

• Auxiliary return-flow selector valve

• Axial-piston swing motor

• Boom-swing foot control

• Excavator-to-backhoe control pattern change valve

• Hydraulic pilot-operated controls for boom, arm, bucket, swing, boom swing, travel, and auxiliary functions

• Wet-disc swing brake

Electrical

• Alternator Rating: 55 amp (minimum)

• Low-maintenance battery

• Positive-terminal battery covers

• Blade-type multi-fused circuits

• Work Lights, 2: 1 mounted on operator’s station and 1 mounted on boom

• 12-volt accessory outlet

Operator’s Station

• Horn

• Hour Meter

• Instrumentation lights

• Mode selectors (illuminated): Power mode (1)/ Economy Mode (1)

• Monitor system: Preheat indicator/ Engine oil pressure indicator with alarm/ Alternator voltage indicator/ Fuel gauge and low-fuel-level indicator/ Engine coolant temperature gauge and engine coolant temperature indicator with alarm/Hour meter/Work lights indicator.

• Motion alarm with cancel switch

• Work lights switch

• Propel levers and foldable pedals

• 2 travel speeds with automatic shifting

• Seat belt, 51 mm (2 in.), retractable

• Suspension seat (cloth)

• Front protection screen

• Rear secondary exit kit

Refill Capacities:

• Fuel Tank 70 L (18.5 gal.)

• Cooling System 5.0 L (5.3 qt.)

• Engine Oil With Filter 8.6 L (9.1 qt)

• Hydraulic Tank 56 L (14.8 gal.)

Operating Weights: 1380-mm (4’ 6”) Standard Arm and Standard Counterweight

• With 400-mm (16 in.) Rubber Track, Straight Blade, Full Fuel Tank, and 79-kg (175 lb.)

Operator. With Cab: 4920 kg (10,847 lb.)

• Counterweight, Standard: 700 kg (1,543 lb.)

Machine Dimensions:

• Upperstructure Width: 1.85 m (6 ft. 1 in.)

• Overall Height: Cab: 2.53 m (8 ft. 4 in.)

• Undercarriage Width: 2.00 m (6 ft. 7 in.)

• Ground Clearance: 340mm (13 in.)

• Tail Swing Radius: With Standard Arm: 1.00m (39 in.)

• Engine Cover Height: 1.59 m (5 ft. 3 in.)

• Sprocket Center to Idler Center: 2.00 m (6 ft. 7 in.)

• Track Length: 2.5 m (8 ft. 2 in.)

• Track Width: 400 mm (16 in.)

• Counterweight Clearance: 610 mm (24 in)

• Maximum Blade Lift Above Ground: 460 mm (18 in.)

• Maximum Blade Drop Below Ground: 360 mm (14 in.)

o Blade

▪ Width: 2.00 m (6 ft. 7 in.)

▪ Height: 375 mm (15 in.)

Lift Capacities

Ground Level at 3.05-m (10 ft) Radius

Cab and Standard Counterweight

Over Front Over Side

1380-mm (4ft. 6 in.) Standard Arm

2511 kg (5,531 lb.)

1150 kg (2,534 lb.)

Digging Force (ISO) Arm: 24.0 kN (5,401 lb.)

Bucket: 36.8 kN (8,267 lb.)

Attachments – Include all hydraulics necessary to run all attachments listed below:

• Arm, 1380-mm (4 ft. 6 in.)

• Articulation hose shield

• Mounting bracket # 9802

• Backfill blade, 2.00 m (6 ft. 7 in.)

• Boom, 2.85m (9 ft. 4.2 in.)

• Mechanical quick coupler

• 36 in. (914 mm) Ditch Cleaning Bucket; 8.3 c. ft. (0.24 c.m.) (No Teeth) Part #:

BYT10986

• 48 in. Tilt Grading Bucket

• 24 in. (610 mm) Heavy Duty Bucket; 5.2 c. ft. (0.15 c. m.) (4 TK Teeth included) Part #:

BYT10980

• 12 in. (305 mm) Heavy Duty Bucket; 2.1 c. ft. (0.06 c. m.) (3 TK Teeth included) Part #:

BYT10976

• Hydraulic Gray Thumb, Part #: BYT11748

• Mulching Head - Model ME36

• Plate Compactor – Model PC7

Appendix C

COST RESPONSE

All responses to this RFQ will require a cost quotation response, in a format selected by the State of Maine. That format is described below.

All bids must be entered in the Vendor Self Service (VSS).

All bids must have a bid price (Unit Price). The price must be filled in using numbers and a decimal point only.

Example: If your bid is for one dollar you would enter 1.00

All bid must have the estimated days from award of contract to receipt of unit (Delivery Days). This will be entered as CALENDAR DAYS. Only numbers can be entered.

Example: If you expect to be able to deliver the unit in two weeks you would enter 14

If you have any details you want us to know about your bid or the item you are bidding write them in the

Comments section.

Appendix D

ADDENDUM D, ARPA GENERAL CONDITIONS

Notice: The contract or delivery order to which this addendum is attached is made using federal assistance provided to the State of Maine by the US Department of Treasury under the American Rescue Plan Act (“ARPA”), Sections 602 and 603 of the Social Security Act, Pub. L.

No. 117-2 (March 11, 2021).

1. Equal Opportunity

The Contractor shall comply with Executive Order 11246 of September 24, 1965 entitled “Equal Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and as supplemented by in Department of Labor Regulations (41 CFR Part 60). The equal opportunity clause for federally assisted construction contracts at 41 CFR Part 60-1.4 is incorporated by reference.

2. Contract Work Hours and Safety Standards Act

If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week unless a higher rate is required by state or federal law. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Contractor shall comply with the following required provisions:

a. Overtime requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek unless a higher rate is required by state or federal law.

b. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (a) of this section the Contractor and https://www.congress.gov/117/plaws/publ2/PLAW-117publ2.pdf https://www.congress.gov/117/plaws/publ2/PLAW-117publ2.pdf https://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/Exec_Order11246.pdf https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1/subpart-A https://www.govinfo.gov/content/pkg/USCODE-2021-title40/pdf/USCODE-2021-title40-subtitleII-partA-chap37-sec3702.pdf https://www.govinfo.gov/content/pkg/USCODE-2021-title40/pdf/USCODE-2021-title40-subtitleII-partA-chap37-sec3704.pdf https://www.ecfr.gov/current/title-29/subtitle-A/part-5 https://www.govinfo.gov/content/pkg/USCODE-2021-title40/pdf/USCODE-2021-title40-subtitleII-partA-chap37-sec3702.pdf https://www.govinfo.gov/content/pkg/USCODE-2021-title40/pdf/USCODE-2021-title40-subtitleII-partA-chap37-sec3704.pdf any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph

(a) of this section.

c. Withholding for unpaid wages and liquidated damages: The State of Maine shall upon its own action or upon written request of an authorized representative of the

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards

Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

d. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.

e. The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

f. Records to be maintained under this provision shall be made available by the

Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Treasury, and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

3. Environmental Compliance

a. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42

U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33

U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

b. The Contractor shall comply with all applicable standards, orders, or requirements issued under section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order

11738, Environmental Protection Agency regulations (40 CFR Part 15), and section

308 of the Federal Water Pollution Control Act (33U.S.C. 1318), that relate generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder.

c. The Contractor shall comply with all applicable standards, orders, or requirements issued under the Resource Conservation and Recovery Act (RCRA); the

Comprehensive Environmental Response Compensation and Liabilities Act

(CERCLA); and any applicable Federal, Codes or Local environmental regulation.

4. Protection for Whistleblowers

a. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

b. The list of persons and entities referenced in the paragraph above includes the following:

i. A member of Congress or a representative of a committee of Congress;

ii. An Inspector General

iii. The Government Accountability Office;

iv. A Treasury employee responsible for contract or grant oversight or management;

v. An authorized official of the Department of Justice or other law enforcement agency;

vi. A court or grand jury; or

vii. A management official or other employee of Contractor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/content/pkg/USCODE-2021-title33/pdf/USCODE-2021-title33-chap26-subchapV-sec1368.pdf https://uscode.house.gov/view.xhtml?edition=prelim&req=granuleid%3AUSC-prelim-title33-section1318&num=0 https://www.epa.gov/rcra/resource-conservation-and-recovery-act-rcra-overview#how%20does%20rcra%20work https://www.epa.gov/enforcement/waste-chemical-and-cleanup-enforcement https://www.epa.gov/enforcement/waste-chemical-and-cleanup-enforcement https://www.epa.gov/enforcement/waste-chemical-and-cleanup-enforcement http://uscode.house.gov/view.xhtml?req=(title:41%20section:4712%20edition:prelim)

c. Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

5. Domestic Preference for Procurements

The contractor, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders Federal awards.

For purposes of this section:

a. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

b. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

c. Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.

6. Procurement of recovered materials

A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C.

6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;

and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled;

contain recycled content, are biobased, or are energy and water efficient; and are sustainable.

This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

7. Nondiscrimination

The Contractor shall ensure that no person is denied benefits of, or otherwise be subjected to discrimination in connection with the Contractor’s performance under this agreement, on the grounds of race, religion, color, national origin, sex, and handicap. Accordingly, and to the extent applicable, the Contractor covenants and agrees to comply with the following:

a. Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the

Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601, et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability

c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)

d. The Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) and regulations issued thereunder (45 CFR Part 90).

e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§

12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

8. Lobbying

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions.

c. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights-act-of-1964 https://www.govinfo.gov/content/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap21-subchapV.pdf https://www.ecfr.gov/current/title-31/subtitle-A/part-22 https://www.hud.gov/sites/dfiles/FHEO/documents/fairhousingact.pdf https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973 https://www.dol.gov/agencies/oasam/regulatory/statutes/age-discrimination-act https://www.ada.gov/law-and-regs/ada/ all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

d. The Interim Final Rule, New Restrictions on Lobbying, issued by the Office of

Management and Budget to implement the provisions of section 319 of Public Law

101-121 (31 U.S.C., Art 1352) is incorporated by reference.

9. Drug-Free Workplace

The Contractor will comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, title V, subtitle D; 41 U.S.C. 701 et seq.) and maintain a drug-free workplace.

10. Increasing Seat Belt Use in the United States

Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its their employees when operating company owned, rented or personally owned vehicles.

11. Reducing Text Messaging While Driving

Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and to establish workplace safety policies to decrease accidents caused by distracted drivers.

12. Debarment and Suspension

If the Contract is in excess of $25,000, this Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by The State of Maine. If it is later determined that the Contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to The State of Maine, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

13. Prohibition on certain telecommunications and video surveillance equipment or services.

Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

a. Procure or obtain covered telecommunications equipment or services;

b. Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or https://www.ecfr.gov/current/title-31/subtitle-A/part-21 https://www.ecfr.gov/current/title-31/subtitle-A/part-21 https://www.govinfo.gov/content/pkg/USCODE-2009-title41/pdf/USCODE-2009-title41-chap10.pdf https://www.govinfo.gov/content/pkg/FR-1997-04-18/pdf/97-10331.pdf https://www.federalregister.gov/documents/2009/10/06/E9-24203/federal-leadership-on-reducing-text-messaging-while-driving https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XXX/part-3000 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-I/section-180.995 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-I/section-180.905 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-I/section-180.905 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-I/section-180.940 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-I/section-180.935 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180/subpart-I/section-180.935

c. Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:

a. Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

b. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

c. Telecommunications or video surveillance services provided by such entities or using such equipment;

d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the

National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;

For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

In implementing the…