RFQ 17A 260604-0305 Road Salt Municipalities.pdf

State of Maine RFQ# 17A 260604-0305 Rev. 3/30/2026

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

OFFICE OF STATE PROCUREMENT SERVICES

RFQ # 17A 260604-0305

Road Salt for Select Maine Municipalities/Political Subdivisions

Quotations/Responses Due: Monday June 22, 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 Department of Transportation (“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

Purpose

The purpose of this RFQ is to create a Master Agreement (MA) contract permitting State Agencies to purchase the goods or services described in Appendix B on an as needed basis.

1. 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.

• RFQ 17A 260604-0305 Bid Price Sheet. Bid price sheet must be submitted as an EXCEL document without links to other spreadsheets, bidder added formulas or other alterations.

• Appendix A: Bid Cover Page and Responsible Bidder Form

• Appendix D: Municipality, Political Subdivision Participation Certification

• Appendix E: Master Agreement Vendor Contact and Contract Signor Information

• 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.

• Safety Data Sheet

2. Contract Term

In addition to any mutually agreed upon delivery dates for purchases of goods, the contract resulting from this RFQ will have a term, or “Period of Performance”, during which the contract is considered to be in effect. The anticipated contract term is defined in the table below. Please note that the dates below are estimated and may be adjusted as necessary in order to comply with all procedural requirements associated with this RFQ and the contracting process. The actual start and end dates of the contract will be established by the completed and approved contract.

The term of the anticipated contract, resulting from this RFQ, is defined as follows:

Period Start Date End Date

Initial Period of Performance July 1, 2026 June 30, 2027

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.

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.

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

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 not to make an award to the lowest price bidder when that bidder has 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 the 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 pursuant to 5 MRSA §1825-B sub-§15, and 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 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 that could give rise to a conflict of interest or the appearance of a conflict of interest. Failure to disclose a known conflict or appearance of 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 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mainelegislature.org%2Flegis%2Fstatutes%2F5%2Ftitle5sec1825-B.html&data=05%7C02%7CWJE.Allen%40maine.gov%7C1390e78d4c524861dbbd08de8e59b141%7C413fa8ab207d4b629bcdea1a8f2f864e%7C0%7C0%7C639104713422342809%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=pUbJI%2FrYOR8S9cAFRcQ8jGG5CZuIo5wYmftv5KBsH8I%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mainelegislature.org%2Flegis%2Fstatutes%2F1%2Ftitle1sec401.html&data=05%7C02%7CWJE.Allen%40maine.gov%7C1390e78d4c524861dbbd08de8e59b141%7C413fa8ab207d4b629bcdea1a8f2f864e%7C0%7C0%7C639104713422369389%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=oPZ4VFQCfEyMMNCUeEAQdTU4KwQw2T00PBmqtXGmunk%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mainelegislature.org%2Flegis%2Fstatutes%2F1%2Ftitle1sec401.html&data=05%7C02%7CWJE.Allen%40maine.gov%7C1390e78d4c524861dbbd08de8e59b141%7C413fa8ab207d4b629bcdea1a8f2f864e%7C0%7C0%7C639104713422369389%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=oPZ4VFQCfEyMMNCUeEAQdTU4KwQw2T00PBmqtXGmunk%3D&reserved=0 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 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 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

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 relating 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

Master Agreement: The results of this bid process will be the creation of multiple Master Agreement Contracts (MA) that will allow all State of Maine Departments and Agencies to purchase the listed goods as needed. The State reserves the right to add other similar items or commodities to the MA’s if it’s in the State’s best interest but does not obligate the State to purchase similar noncontracted items or commodities from the selected bidder.

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.

Pricing must be all inclusive and final, no additional charges will be accepted during the term of this Master Agreement. (example: Tariff charges will not be accepted).

Estimated Usage: The estimated usage of each item can be located in attachment RFQ # 17A 260604-0305 Bid Prices.

Delivery Locations: The exact delivery addresses will be provided to the vendor when an order is submitted.

Evaluation and Award: The salt will be evaluated based on the line-item bid price.

Award: The State anticipates making multiple awards. The State reserves the right to make a single or no award. The awards will be made to the lowest bid price per line which best meets the posted specifications.

Specifications

2026-2027 Municipalities/Political Subdivisions

I. GENERAL REQUIREMENTS

VENDOR/CONTRACTOR QUALIFICATIONS: Any vendor that has not been awarded a State of Maine Road Salt Master Agreement in the last 5 seasons will need to furnish the following to prove sufficient infrastructure is in place to meet the high demand during the resulting award period:

• Location of current salt stockpile for testing purposes, in New England preferably.

(Shipped samples are not acceptable)

• Three references from current State or municipal customers

• Confirmation that the company has access to space within the state (e.g. confirmation of pier access and storage space from the Port Authority), or nearby location in an adjacent state or Canadian province, where sufficient quantities of salt can be received, managed, and distributed out to the contract locations for this award period.

• Confirmation of available trucking over the contract period from a company that is located either in-state or reasonably local to the source material located in an adjacent state or province.

Any vendor that has not been awarded a State of Maine Road Salt Master Agreement in the last 5 seasons and does not, or cannot, furnish all of the above will be disqualified.

BASIS OF AWARD:

The State will have the option to make a best value determination for the award. Such determination will be made with consideration of the price difference between the lowest bidders and the past history that MaineDOT has had with each of the bidders regarding salt quality (as previously documented through MaineDOT’s quality assurance testing) and reliability of past deliveries.

MUNICIPALITIES/POLITICAL SUBDIVISIONS: After notification of bid results, the Municipalities/Political Subdivisions will have two weeks to individually accept or reject their low bid. If they choose to accept the bid, they are committing to buying at least 75% of that quantity and the prices received will also be held for up to 125%. If they reject the bid or no response is received, they will be out of the contract and will need to obtain salt through separate channels. Political sub-divisions and authorized non-profit organizations should utilize their own individually established ordering procedures. Participating entities are 100% responsible for whatever they commit to and the State of Maine and/or MDOT will not pay for salt the municipalities do not use or pay for.

AUDITS AND ACCOUNTING:

The successful bidder shall allow representatives of the State of Maine to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract.

At intervals during the contract term, and prior to the termination of the contract, the successful bidder may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations.

INVOICING:

Separate invoices are required for each order number. Invoices shall include the stockpile location the order is taken from. Each load is to be listed separately with the date delivered on the invoice. Partial orders will not be paid for unless the State has over-ordered for a particular location. Matching delivery slip numbers for each order should be included on the invoice.

Invoices received with the delivery slip numbers will be processed prior to invoices without delivery slip numbers.

ORDERING PROCEDURE:

Municipalities, Political sub-divisions, and authorized non-profit organizations shall utilize their own individually established ordering procedures.

MEASUREMENTS:

The term ‘Ton’ shall mean the short ton consisting of 2,000 pounds avoirdupois. Each truck used to haul salt shall bear a plainly legible identification mark, and a tare weight shall be taken prior to each load.

WEIGH SLIPS:

Each truck delivery shall be accompanied by a weigh slip, which shall be left with an employee who works at the delivery point of load. The employee will sign a copy of the weigh slip to acknowledge the receipt of the load.

The contractor shall provide numbered weigh slips, which show the following information:

• Name and address of the contractor.

• Name and address of the owner of the scales.

• Location of the scales

• Consignee and destination

• Date of delivery

• Order number.

• Gross, tare, and net weights

• Signature of weigher

• Current vehicle registration number and/or other legible identification mark and signature of vehicle operator

• Space for signature of the department employee accepting the shipment.

The State of Maine/Municipalities/Political Subdivisions reserves the right to weigh any truck at a designated location before or after delivery to any particular storage site.

STORAGE REQUIREMENTS

All salt distribution piles shall be covered to prevent the salt from becoming excessively damp.

Salt distribution piles shall be covered, or stored within a building, within five (5) days of being established.

DELIVERY REQUIREMENTS:

The sodium chloride shall arrive at the delivery location in a free flowing and usable condition. All truck deliveries shall be dumped at a specific location, either inside or immediately outside a storage building, as directed by the on-site personnel.

Deliveries of trucked salt shall be protected in transit by tight, waterproof coverings to avoid spillage and to prevent additional accumulation of moisture during transit to ensure the least possible moisture content upon delivery. Torn, ripped or permeable load covers or excess water running out of the delivery truck are unacceptable conditions and are likely to result in rejection of the load (ref. “Delivery Rejection” section below).

All deliveries of salt must be made in complete compliance with the existing state, national, provincial laws, or regulations. Violation of any laws or regulations, including but not limited to weight limitations, shall be considered as grounds for disqualification of the supplier, hauler, or both.

DELIVERY:

Orders for salt shall be delivered within five (5) business days of order notification to the contractor. If the contracted vendor fails to deliver within five (5) business days and the municipality/political subdivision is forced to purchase salt from another source, the vendor will be notified by the requesting entity, the late order can be canceled, and the quantity purchased from the other source will be deducted from the minimum agreed to amount without penalty to the municipality/political subdivision. If non-delivery occurs more than twice the municipality/political subdivision will have the option to terminate the contract without penalty.

Contractors will make every effort to have delivery vehicle arrival times spread out so as not to exceed the capacity of the equipment used to pile the salt at the delivery location. Should several vehicles arrive at the delivery point at the same time, some vehicles may be delayed before being allowed to dump their load.

NOTICE OF DELIVERY:

The contractor must provide a minimum twenty-four (24) hour notice to any Municipality/Political Subdivision office prior to any delivery. The notice must include scheduled delivery date, estimated time and quantity of salt to be delivered.

FAILURE TO DELIVER:

If a contractor fails to furnish salt in accordance with all requirements, including delivery through the end of the contract period, the Municipalities/Political Subdivisions may re-purchase the same item from another source, without competitive bidding, and the original contractor may be liable to the Municipalities/Political Subdivision for any excess cost. The Municipalities/Political Subdivision will be responsible for any litigation for non-deliveries. The State of Maine is not liable for any costs associated with and will not participate in any litigation between Municipalities/Political Subdivisions and the contractor. Experience from past winters has shown that, during periods of heavy storm activity, the ability to provide a trucking capacity of at least twelve (12) 30-ton deliveries, per day, per region, will be necessary at times. Contractors that are unable to reliably provide salt deliveries may become ineligible to receive future contract awards.

INSPECTIONS:

Municipalities/Political Subdivisions shall be provided with free entry and access at the Contractor’s storage areas for sampling. It is anticipated that determination for initial compliance will be made from samples obtained from the supplier’s storage areas or from rail cars if no storage areas are provided within the state. Shipments to the delivery locations may be randomly sampled for compliance. Said samples shall be representative of all salt delivered to a location on that day. Penalties, if there are any, will be assessed against the accumulated and mixed samples of each day’s delivery to each location. Details of penalties and percentages are outlined in Section III, Penalties and Price Adjustments. Laboratory results will be provided to the Contractor when penalties are assessed.

Contractors are strongly encouraged to sample and test their product prior to shipping the product to the buyer so that any necessary corrective action may be taken to assure conformity to specifications.

DELIVERY REJECTION:

Municipalities/Political Subdivisions reserve the right to reject or refuse any salt or deliveries which do not conform to these specifications for screen size, chemical quality, or moisture content, or which are not delivered in good condition. Shipments that are rejected will be returned to the Contractor at no cost to the state. The contractor shall promptly replace all deliveries of salt that are rejected. Deliveries of unusable salt will reduce the amount estimated for that municipality and that municipality will not be required to order the full 75% of their estimated seasonal amount.

II. SPECIFICATIONS FOR MINED ROCK SALT

CHEMICAL COMPOSITION:

Sodium chloride shall conform to a chemical composition of a minimum of 95%. Variations of less than 95% but above 93% will result in acceptance at reduced payment as provided in Section III, Penalties and Price Adjustments.

GRADING:

Rock salt shall conform to the following particle size distribution specifications as determined by laboratory sieves:

• Passing a ½” sieve (12.50mm) 100%

• Passing a 3/8” sieve (9.50mm) 95% - 100%

• Passing a No. 4 sieve (4.75mm) 20% - 80%

• Passing a No 8 sieve (2.36mm) 10% - 50%

• Passing a No 30 sieve (0.60mm) 0% - 10%

Because of restrictions used to calibrate salt on Department sanders, the 1/2” gradation requirement is critical. The contractor will be required to re-screen the sodium chloride for continued oversize deliveries.

MOISTURE:

Salt shall be in a free-flowing condition when received at the delivery location with a moisture content not to exceed 1%.

ANTI-CAKING ADDITIVE:

Salt shall be loose and free of lumps and shall contain not less than 20ppm of pure anti-caking agent. All bidders are required to identify type of anti-cake additive used in their product. Bidders are required to submit the appropriate Material Safety Data Sheets (MSDS) and Product Information/Data Sheets to the State of Maine at the time of bid response.

Please State Anti-Cake Additive: ______________________________

III. PENALTIES AND PRICE ADJUSTMENTS

CHLORIDES:

Penalties will be assessed against the accumulated and mixed samples of each day’s deliveries to each location for salt that does not meet the chemical composition of total chlorides as specified in Table 1.

TABLE 1 – Percent Sodium Chloride Percent (%) of Sodium Chloride Percent (%) Payment of Unit Bid Price

95.0 % - 100% 100%

94.0 % – 94.9 % 96%

93.0 % - 93.9 % 92% Below 93.0 % Not Acceptable

MOISTURE:

Delivered rock salt shall not normally exceed one percent (1.0 %). Salt which exceeds the moisture content as specified will be subject to penalties according to Table 2.

TABLE 2 – Moisture Content for Rock Salt Moisture Content Percent (%) Payment of Unit Bid Price

0 – 1.0 % 100%

1.1 – 2.0 % 98%

Above 2.0 % Normally rejected. If accepted, see ** below

** Rock salt with a moisture content in excess of 2% will normally be rejected. If the state elects to accept salt with a moisture content exceeding 2%, the price reduction shall be calculated as follows:

Percentage (%) of payment of unit bid price = 100 – 3.5 (moisture content in % - 1)

Example: Rock salt with a moisture content of 3.0 % % of Payment of unit bid price = 100 – 3.5 (3.0-1.0)

% of Payment of unit bid price = 93.0 %

GRADATION:

A penalty will be assessed for gradations that exceed the maximums specified in Section II, Grading. The bid price of the salt will be reduced by one (1) percent for each percent by which gradation exceeds the maximums allowed.

CONTAMINATION:

Each load of salt having contaminants in it (e.g. trash, pavement chunks, tarps, etc....) shall be subject to rejection at no cost to MaineDOT. If MaineDOT elects to keep the delivery, a penalty of 5% will be applied to each load, in addition to any other applicable penalties that may be in effect.

ASSESSMENT OF PENALTIES:

Random sampling and testing of rock salt shall be obtained and tested by Maine Department of Transportation personnel. Failing test reports will be used to calculate reduced payments when penalties and price adjustments are to be applied. The reduction in payment shall continue until such time as a new passing test is obtained. When onsite inspections and tests indicate that the salt being supplied is an inferior product, the Contractor will be notified that the salt is unacceptable. If acceptable rock salt is not provided within five (5) business days (or as otherwise authorized by the MaineDOT/Municipalities/Political Subdivisions), then the MaineDOT/Municipalities/Political Subdivisions may pursue such actions as described in Section I, Failure to Deliver.

EXCESSIVE PENALTIES:

Contractors that are unable to reliably provide salt meeting the specifications set forth in Section II, without penalties, may become ineligible to receive future contract awards.

IV. SAMPLING AND TESTING

SAMPLING:

Each sample submitted for testing shall consist of a minimum of three increments selected at random from the material. Each increment shall be at least a pound in weight and not include the top inch of stored material. Every attempt shall be made to ensure a composite sample representative of the pile. Samples for chemical composition, gradation and anti-caking may also be obtained at the time of delivery to the purchaser’s delivery destination.

METHOD OF TESTING:

1. Chemical composition testing for sodium chloride shall conform to the rapid method of testing given in Appendix A1 of AASHTO M-143-86. A second method of rapid analysis could be the use of Gran’s plot titration method developed by Orion Research Incorporated. In case that the coarse salt sample is used 100.00 g sample is taken and dissolved in a 2-liter volumetric flask quantitatively. An aliquot of 5.00 ml or 2.00 ml of this solution is then pipetted out to the titrated according to either of these two methods.

If controversy occurs, analysis shall be made in accordance with the method specified for “Salt” in the current “Official Methods of Analysis for the Association of Official Agricultural Chemists”.

2. Particle size analysis shall consist of using sieves with square openings mounted on substantial frames or interlocked in a manner to prevent loss of material during sieving. Woven wire cloth shall conform to AASHTO M92. Gradation analysis shall be made on oven dried material, and the sample shall weigh after drying at least 500 grams. In no case shall the fraction retained on any sieve at the completion of the sieving operation weigh more than four grams per square inch of sieving surface (this is 200 grams for 8-inch diameter round sieves).

If sieving is completed by hand, the procedure will include shaking with lateral and vertical motion with occasional jarring action so as to keep the material moving continuously over the surfaces of the sieves for a time of not less than three minutes. The balance or scale shall be sensitive to within 0.2% of the weight of the sample to be tested.

3. Moisture content shall be determined by a method of weighing before and after oven drying at 110° + 5° C (230° + 9° F) for a minimum of four hours.

4. The test for anti-caking material shall be made following the attached method for colorimetric determination of YPS or YPP treated salt. For an anti-caking material other than YPS or YPP the successful bidder shall indicate the chemical nature of the material and shall furnish a laboratory procedure for determining the amount of anti-caking material to the Maine Department of Transportation, Testing Engineer, P.O. Box 1208, Bangor, Maine 04401 within 30 days of the award of the bid by the Bureau of Purchases.

METHOD FOR COLORIMETRIC DETERMINATION - YPS TREATED ROCK SALT

Scope of Method

This colorimetric procedure is applicable in determination range 0-100 ppm of Sodium Ferro cyanide Na4Fe (CN)6 10 H20 (YPS) utilizing a colorimeter such as the Coleman Jr. II spectrophotometer.

Reagents

1. Sodium Ferro cyanide Na4Fe (CN)6 10 H2O

2. Ferrous Sulfate FeSO4 7 H2O

3. Sulfuric Acid, concentrated

4. Sodium Chloride, reagent grade

5. Sodium Hydroxide, reagent grade

Reagent Solutions A. Sodium Ferro cyanide Solutions

1. 0.1% solution - weigh exactly 1.000 gram of Sodium Ferro cyanide, dissolve in distilled water and dilute to 1 liter.

2. 0.05% (500 ppm) solution - take 50 ml aliquot of the above 0.1% solution and dilute to 100 ml.

B. Ferrous Sulfate (5% solution) Dissolve 5 grams FeSo4 7 H2O in approximately 50 ml of water, add 2 ml concentrated Sulfuric Acid and dilute to 100 ml.

C. Sodium Hydroxide Solution (2%) Dissolve 20 grams of NaOH in 1 liter of water.

D. Sulfuric Acid, 1:5 Add 20 ml of conc. H2SO4 slowly into 100 ml of water, mix well and let cool.

Note: Solutions A and B should be prepared fresh daily or as required.

Preparation of Standards

Six 25-gram samples of reagent grade NaCl are weighed (to 0.01 g) and placed in 250 ml beakers. To each of the samples add 0, 1, 2, 3, 4 and 5 ml of 0.05% sodium Ferro cyanide solution, respectively, (0 ml being a blank) mix well. Prepare standard solution by adding NaOH and H2SO4 as described in the sample preparation except NO filtration is needed. To all six flasks add 5 ml of the Ferrous Sulfate solution, bring to 100 ml mark with water, cover flasks with stoppers and mix well. Maximum intensity of color develops in 15 minutes. The standards now indicate 0-100 ppm of Sodium Ferro cyanide in increments of 20 ppm with respect to the original salt sample.

Determination of Sodium Ferro cyanide in Rock Salt The bulk sample is split down to a representative sample of about 300 grams. This portion is then pulverized such that it will all pass a 70-mesh sieve and is mixed thoroughly to ensure good homogeneity. A 25-gram portion of this material is mixed with 5 ml 2% NaOH, stirred and let set for 10 min., 60 ml of water is then added into this solution, and the pH is adjusted to 2 with H2SO4 (1:5). The solution is filtered through a #1 Whatman filter paper into a 100 ml volumetric flask. Five ml of Ferrous Sulfate solution is added, the volume brought to mark, the flask stoppered, the contents well mixed and allowed to stand 15 minutes. The absorbance of each of the standard solutions is determined against the blank solution at 775 nm. A calibration curve of absorbance vs. ppm is constructed. The absorbance of the samples is then determined, and the concentration is read off the calibration curve.

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.

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 incude RFQ 17A 260604-0305 Bid Price EXCEL Sheet.

Bid sheets must be in EXCEL format and cannot contain formulas or information linked to other pages.

Appendix D

MUNICIPALITY POLITICAL SUBDIVISION and SCHOOL DISTRICT PARTICIPATION

CERTIFICATION

The Office of State Procurement Services is committed to providing purchasing opportunities for municipalities, political subdivisions and school districts in Maine by allowing them access, through our vendors, to our contract pricing. A bidder's willingness to extend contract pricing to these entities will be taken into consideration in making awards.

Orders from Municipality, Political Subdivisions and School Districts (Appendix D): If the bidder elects to permit Municipality, Political Subdivisions and School Districts to utilize the resulting Master Agreement Contract, The State of Maine will not be responsible for any order placed by these groups. All orders will originate from these groups, and they will be liable for all payments.

Will you accept orders from political subdivisions and school districts in Maine at the prices quoted?

_____ Yes

_____ Yes, with conditions as follows:

______ No

Name of Company: __________________________________________________________

Address: ___________________________________________________________________

Signature: __________________________________________________________________

Printed Name: ______________________________________________________________

Date: ___________________________

Appendix E

MASTER AGREEMENT VENDOR CONTACT and

CONTRACT SIGNOR INFORMATION

This bid process will result in the creation of a Master Agreement Contract (MA) which will permit users to order contracted items as needed.

Ordering Procedures: Delivery Orders (DO) will be created in AdvantageME for all orders over $5000.00. If a DO is used, the DO will be emailed to the email address referenced on the MA as a .pdf file. Orders less than $5000.00 can be placed using a State of Maine issued P-Card (credit card).

Please provide the following information for the primary person users can contact to place orders less than $5000.00, follow up on orders and invoices:

Contact Person Name: _________________________________________________

Telephone: ______________________________________________

Email Address: ___________________________________________

The MA Documents will be emailed via Docusign to be reviewed and signed, please provide the following information for the person who will sign the MA contract documents:

Contract Signer Name: ___________________________________________________

Title: _____________________________________________________

Email Address: _____________________________________________