State of Maine RFQ# 17A 26031-223 Rev. 1/28/2025

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

OFFICE OF STATE PROCUREMENT SERVICES

RFQ # 17A 26031-223

Rail Materials - 2026

Quotations/Responses Due: 03/25/2026 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). Questions can be submitted up to 48 hours 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 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 State of Maine Department of Transportation (MDOT) (“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. Purpose

The purpose of this RFQ is to create a Buyer Purchase Order.

2. Essential Bid Documents

All bids should include the following documentation. The State reserves the right to request supplementary documentation to verify compliance with all bid specifications and requirements. The State may request proof of compliance at any time, which must be provided within forty-eight (48) hours. Failure to do so may result in the rejection of a bid.

• Equivalency Documentation: An equivalency document must be attached for any specification identified as equivalent in bid documents. Equivalency will be determined by the requesting Department.

• Appendix A: Bid Cover Page and Responsible Bidder Form

• Product Data/Information Sheets

• 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:

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 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 15Mb. Please contact the buyer for this RFQ if you must submit attachment files larger than this.

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

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 RFQs are evaluated on a Best Value basis. “Best Value” means that bids are assessed for compliance with all specifications, required purposes, delivery timelines, and the overall interests of the State. Once OSPS determines that a bid meets all specifications and requirements, the RFQ award will be made to the lowest-priced qualified Bidder

b. By submitting a quote, bidders affirm compliance with both specifications and requirements. The State may request proof of compliance at any time, which must be provided within forty-eight (48) hours. Failure to do so may result in the rejection of a bid.

c. 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.

d. 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.

e. 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.

f. 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. From the time the RFQ is issued until award notification is made, all contact with the State regarding the RFQ must be made through the RFQ Coordinator. No other person/State employee is empowered to make binding statements regarding the RFQ.

Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.

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

3. All proposals must adhere to the instructions and format requirements outlined in the

RFQ and all written supplements and amendments (such as the Posted Questions and Answers in the Vendor Self Service), issued by the Department. Bidders must include the required documents with their bid submission to enable the Department to evaluate whether the bid conforms with all posted specifications in Appendix B.

4. Bidders will take careful note that in evaluating a proposal submitted in response to the

RFQ, the Department will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal Departmental information of previous contract history with the Bidder (if any). The Department also reserves the right to consider other reliable references and publicly available information in evaluating a Bidder’s experience and capabilities.

5. The proposal must be signed by a person authorized to legally bind the Bidder and must contain a statement that the proposal and the pricing contained therein will remain valid and binding for a period of 180 days from the date and time of the bid opening.

6. The RFQ and the awarded Bidder’s proposal, including all appendices or attachments, will be the basis for the final contract, as determined by the Department.

7. Following announcement of an award decision, all submissions in response to this RFQ will be public records, available for public inspection pursuant to the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. § 401 et seq.). State contracts and information related to contracts, including bid submissions, are generally public records per FOAA.

8. In the event that a Bidder believes any information that it submits in response to this

RFQ is confidential, it must mark that information accordingly, and include citation to legal authority in support of the Bidder’s claim of confidentiality. In the event that the

Department receives a FOAA request that includes submissions marked as confidential, the Department shall evaluate the information and any legal authority from the Bidder to determine whether the information is an exception to FOAA’s definition of public record.

If the Department determines to release information that a Bidder has marked confidential, it shall provide advance notice to the Bidder to allow for them to seek legal relief.

9. The Department, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in proposals received in response to the RFQ.

10. If awarded a contract resulting from this RFQ, vendors shall be required to disclose, in writing and in accordance with applicable Maine law, any actual or potential conflicts of interest. Such disclosure must include any financial, professional, or personal relationships. Failure to disclose a known conflict may result in disqualification, contract termination, or other remedies as provided by law.

11. All applicable laws, whether or not herein contained, are included by this reference. It is the 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.

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 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 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

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 Office of State Procurement Services’ website at the following link:

https://www.maine.gov/dafs/bbm/procurementservices/forms

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

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:

• This bid is compliance with both specifications and requirements. The State may request proof of compliance at any time, which must be provided within forty-eight (48) hours. Failure to do so may result in the rejection of a bid;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:

Responsible Bidder Form

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.

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.

Amendment No. 1 This Amendment revises the quantities for the following line items in Appendix B:

• Item 3, Track Bolts, Nuts, and Washers: revised from 984 EA to 1000 EA

• Item 4, Tie Plates: revised from 7824 EA to 7900 EA

Quantity:

Item Description Quantity Unit

Rail (115 RE) 13040 FT

Joint Bars (115 RE) 164 PR

Track Bolts, Nuts, and Washers 1000 EA

Tie Plates 7900 EA

Track Spikes 530 KEG

Rail Anchors 12216 EA

Cross Ties (6"x8"x8'6") 1000 EA

Narrow gauge Cross Ties (6"x8"x5') 514 EA

Cross Ties (6"x8"x8'6") 1000 EA

Cross Ties (7"x9"x12') 6 EA

Cross Ties (7"x9"x13') 6 EA

Cross Ties (7"x9"x14') 6 EA

Item Description Quantity Unit

Cross Ties (7"x9"x15') 6 EA

Cross Ties (7"x9"x16') 6 EA

Bridge 7604, Dapped Bridge Ties & Timber Spacers 1 KIT

Cross Ties (6"x8"x8'6") 2500 EA

Cross Ties (7"x9"x9') 100 EA

Cross Ties (7"x9"x16') 6 EA

Track Spikes 274 KEG

Rail Anchors 3000 EA

Bridge 1012, Dapped Bridge Ties & Timber Spacers 1 KIT

Bridge 7658, Dapped Bridge Ties & Timber Spacers 1 KIT

Bridge 7666, Dapped Bridge Ties & Timber Spacers 1 KIT

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.

Award: The State anticipates making multiple awards as a result of this RFQ process. The State reserves the right not to make an award. The State may award by line item to the bidder(s) offering the lowest evaluated cost for that line item, based on the bidder’s unit pricing and the estimated quantities listed in this RFQ, provided the bidder meets all specifications and requirements for the applicable line item(s).

Bids will be evaluated for responsiveness and compliance with the current AREMA specifications and any attached material specifications. The bidder’s ability to meet delivery coordination requirements and stated delivery lead times may be considered in the award decision.

Delivery Instructions:

Delivery requirements vary by line item and delivery location. Vendors shall follow the Delivery Instructions provided in the attached Rail Material List – Delivery Instructions for each item (including required coordination, receiving windows, advance notice, unloading expectations, and any site-specific restrictions).

Delivery Date: When orders are placed, the Vendor shall state delivery time After Receipt of Order (ARO) for each line item. Delivery ARO may be factored into the bid award decision.

Delivery and Inspection: Delivery schedules will be coordinated by MDOT staff. Contact information provided at time of issuing the BPO. 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. Vendor shall provide a boom truck for off-loading at the delivery location

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). This is the quoted price that will be used for evaluation purposes. 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.