RFQ 17A 230120-166.pdf

State of Maine RFQ # 17A 230120-166 1

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PROCUREMENT SERVICES

RFQ # 17A 230120-166

Delineators - One Time Purchase

Quotations/Responses Due: Friday, February 3, 2023, not later than 4:00 p.m. local time

Note: So all interested bidders receive the same information about the open bid opportunity, all questions and responses must be provided via the State of Maine’s E-Procurement system: AdvantageME / Vendor

Self Service (VSS). The Division of Purchases will not answer questions unless they are submitted through the VSS. All questions must be submitted no later than two (2) business days prior to closure date and time. Not all questions will be answered.

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. 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 Division of Procurement

Services (“Division”) is acting on behalf of The Department of Transportation (“Requesting

Department”). The Division 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.

State of Maine RFQ # 17A 230120-166 2

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

2. Bid Contents Requirements

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

• Appendix A: Bid Cover Page and Debarment Form (Wet signed using a pen is preferred)

• Audit Report: If documents are electronically signed using DocuSign or Adobe Sign the bid must include the system generated audit report. No other form of electronic signature is permitted.

• Quote on Company Letterhead – This document will be used to evaluate your bid, please make sure it covers all specified delineators separated by each requested location.

• Product Data/Information Sheets – PDF literature for the items you are bidding. Literature must include documentation that the items you are bidding meets or exceeds the posted specifications.

• Warranty Information

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:

http://www.maine.gov/purchases/venbid/rfq.shtml.

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 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 http://www.maine.gov/purchases/venbid/rfq.shtml

State of Maine RFQ # 17A 230120-166 3 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 the Division.

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 the Division 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 the Division, 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 the

Division may choose not to make any award. Alternatively, the Division 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 the Division, 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 the Division’s

RFQ Coordinator, at his or her discretion, may seek to use an evaluation team comprised of

State of Maine RFQ # 17A 230120-166 4 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. The Division 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. The

Division 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, the Division may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Division 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”), Bureau of Business Management (“Bureau”), Division of Procurement Services (“Division”) 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, the Division is acting on behalf of the Requesting Department listed on the cover page. The Division 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 the Division 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 the Division’s answers to the

State of Maine RFQ # 17A 230120-166 5

Bidders’ questions submitted through the VSS), as issued by the Division. 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 the Division and the Bidder (if any). The Division 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. The Division, 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. The Division 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, the Division 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. 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 http://www.mainelegislature.org/legis/statutes/1/title1sec401.html http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html

State of Maine RFQ # 17A 230120-166 6

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:

http://www.maine.gov/purchases/policies/120.shtml). 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 Standard Terms and Conditions used with the aforementioned contract types may be found on the

Division of Procurement Services’ website at the following link:

BPO_General_Terms

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 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 Division of

Procurement Services’ website at the following link:

http://www.maine.gov/purchases/info/forms.shtml

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, http://www.maine.gov/purchases/policies/120.shtml https://www.maine.gov/dafs/bbm/procurementservices/sites/maine.gov.dafs.bbm.procurementservices/files/inline-files/BPO_General_Terms.doc?web=1 http://www.maine.gov/purchases/info/forms.shtml

State of Maine RFQ # 17A 230120-166 7 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 §8-303 (2): 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.”

State of Maine RFQ # 17A 230120-166 8

Appendix A

BID COVER PAGE and DEBARMENT FORM

Bidder’s Organization Name:

Chief Executive - Name/Title:

Tel: Fax: 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: Fax: 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:

To have your bid accepted, this Appendix MUST have an actual wet signature or utilize DocuSign or

Adobe Sign forms of electronic signature.

Authorized Signature: Date:

State of Maine RFQ # 17A 230120-166 9

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:

To have your bid accepted, this Appendix MUST have an actual wet signature or utilize Docu Sign or

Adobe Sign forms of electronic signature.

Authorized Signature: Date:

State of Maine RFQ # 17A 230120-166 10

Appendix B

DETAILED SPECIFICATIONS

The State reserves the right to not make an award to the low-cost bidder when the bidder has had documented poor performance and/or a contract terminated or not renewed within the last five years.

Bidders can submit a bid for equivalent items as long as they do not significantly vary the specifications and will be only considered if they are in the best interest of the State. A specification sheet comparing the items bid to the items requested for equivalent bid items MUST be attached to the submitted bid in the VSS, if the specification sheet is not included the bid will be rejected. The final decision of equivalency will be determined by the requesting Department.

Required Documents: All bids must include the following documents. Bids received without them may be rejected.

• Appendix A: Bid Cover Page and Debarment Form (Wet signed using a pen is preferred)

• Audit Report: If documents are electronically signed using DocuSign or Adobe Sign the bid must include the system generated audit report. No other form of electronic signature is permitted.

• Quote on Company Letterhead – This document will be used to evaluate your bid, please make sure it covers all specified delineators separated by each requested location.

• Product Data/Information Sheets – PDF literature for the items you are bidding. Literature must include documentation that the items you are bidding meets or exceeds the posted specifications.

• Warranty Information

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.

Delivery Notification: Selected bidder must provide minimally two (2) business day notification prior to delivery for each location.

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.

State of Maine RFQ # 17A 230120-166 11

Delivery Locations:

Region 1: 51 Pleasant Hill Rd., Scarborough ME 04070-0358

Region 2: 53 Bog Rd., Augusta ME 04333

Region 3: 547 Main St., Dixfield ME 04224

Region 4: 219 Hogan Rd., Bangor ME 04401

Region 4: 159 Bangor St., Houlton ME 04730

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

Specifications

Region 1 Impact Recovery, Type 2 Flat Top Tubular, 18-inch Ground Mount

Post Color Post Length Sheeting Color Sheeting Length Quantity

Gray 60 inches Yellow 3” X 10”, Type IV 500

Yellow 60 inches Yellow 3” X 10”, Type IV 500

White 60 inches White 3” X 10”, Type IV 500

Region 2 Impact Recovery Systems, OmegaPost, Surface Mount

Post

Color

Post Length Sheeting Color Sheeting

Length

Quantity Base

Yellow 42 inches, Capped Yellow Two – 3”

Bands, Type IV

300 Quarter Turn Fixed

Black

Impact Recovery Systems, Type 2 Flat Top Tubular, 18-inch Ground Mount Post Color Post Length Sheeting Color Sheeting Length Quantity

Yellow 60 inches Yellow 3” X 10”, Type IV 100

White 60 inches White 3” X 10”, Type IV 300

Region 3 Pexco 500 Extruded Polymer with Plastic Anchor

Post Color Post Length Sheeting Color Sheeting Length Quantity

Gray 60 inches Red 3” X 10”, Type IV 50

Gray 60 inches Green 3” X 10”, Type IV 50

Gray 60 inches White 3” X 10”, Type IV 50

Region 4 Impact Recovery Systems, OmegaPost Surface Mount

Post Color Post Length Sheeting Color Sheeting

Length

Quantity Base

Yellow 36 inches, Capped

Yellow Two – 3”

Bands, Type IV

25 Quarter Turn Fixed

Black

White 36 inches, Capped

White Two – 3”

Bands, Type IV

50 Quarter Turn Fixed

Black

Orange 36 inches, Capped

Orange Two – 3”

Bands, Type IV

100 Quarter Turn Fixed

Black

State of Maine RFQ # 17A 230120-166 12

Region 4 (Continued) Steel-Flex Delineator Post

Post Color Post Length Sheeting Color Sheeting Length Quantity

White 66 inches White 3” X 10”, Type IV 1000

Region 5 Impact Recovery, Type 2 Flat Top Tubular, 18-inch Ground Mount

Post Color Post Length Sheeting Color Sheeting Length Quantity

Yellow 60 inches Yellow 3” X 10”, Type IV 100

White 60 inches White 3” X 10”, Type IV 400

Impact Recovery Systems, OmegaPost, Surface Mount Post Color Post Length Sheeting Color Sheeting

Length

Quantity Base

Yellow 42 inches, Capped Yellow Two – 3” Bands, Type IV

100 Quarter Turn Fixed

Black

Yellow 42 inches, Capped Yellow Two – 3” Bands, Type IV

50 Quarter Turn Tuff Curb

XLP - Yellow

State of Maine RFQ # 17A 230120-166 13

Appendix C

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

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.

Bid Prices will 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.

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

All bids must have a bid price (Unit Price). For this bid enter the price for ALL of the delineators requested.

The price must be filled in using numbers and a decimal point only.

Example: If you 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.