rfq 240917-0065.docx.crdownload

STATE OF MAINE

DEPARTMENT OF DEFENSE VETERANS AND EMERGENCY MANAGEMENT

MILITARY BUREAU

RFQ # 240917*0065

Snow Plowing & Sanding Services Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME 04240

Quotations/Responses Due: 3 October 2024 not later than 4:00 p.m. local time

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

Note: So that 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 Procurement Services will not answer questions unless they are submitted through the VSS. All questions must be submitted no later than forty-eight (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. 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.

If 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, Department of Defense, Veterans and Emergency Management (DVEM) (“Requesting Department”). The Requesting Department is seeking 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 TERMS/ACRONYMS with DEFINITIONS

The following terms and acronyms, as referenced in the RFQ, shall have the meanings indicated below:

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.

· Snow Plowing & Sanding Services at Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME as described in Appendix B

2. Bid Contents Requirements

· Appendix A: Bid Cover Page and Debarment Form – Pages 10 & 11 of this document.

· Appendix C: Cost Response – see attached excel form.

The RFQ 240917*0065, Bids need to be entered in the Vendor Portal as detailed in Appendix C as well as

· Bid Worksheet must be filled out in either the area provided, or in an attached excel worksheet. No other options will be entertained.

· Appendix D: Subcontractors & Disaster Recovery Plan

· Insurance Certificate (minimum of following) on standard ACORD Form

· General Liability – A minimum of $1,000,000

· Worker’s Compensation – Minimum state limits required.

· Business Auto Policy – Minimum level of coverage of 500k with snow plowing coverage.

3. 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 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 contract start date will be established by the completed and approved contract.

Contract Renewal: Following the initial term of the contract, the Division, at their discretion, may opt to renew the contract for two (2) extension periods of two (2) year each.

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

4. 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 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.

5. 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.

6. 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.

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’s 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 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.

7. 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

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

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

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

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 Contract Agreement to Purchase Services.

The Standard Terms and Conditions used with this service contract are listed as Appendix E in this RFQ.

In addition to the standard terms, this order will include the following IT policies:

B. IT Policies Accessibility:

All IT products must be accessible to persons with disabilities and must comply with State Accessibility Policy and Standards and the Americans with Disabilities Act. All IT applications must comply with the Digital Accessibility Policy (https://www.maine.gov/oit/policies/DigitalAccessibilityPolicy.pdf).

State It Policies: All IT products and services delivered as part of this Agreement must conform to the State IT Policies, Standards, and Procedures (Policies & Standards | Maine IT) effective at the time this Agreement is executed.

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

Cybersecurity And Prohibited Technologies: The Provider certifies to the best of Provider’s knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this Contract:

a. is not a foreign adversary business entity, https://www.maine.gov/oit/prohibited-technologies, Title 5 MRSA §2021 (3); and

b. is not on the list of prohibited companies or does not obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services https://www.maine.gov/oit/prohibited-technologies, Title 5 MRSA §2030-B.

A person who knowingly signs this contract, in violation of this section, commits a civil violation for which a fine may be adjudged in an amount that is twice the amount of this contract or $250,000, whichever is greater, (Title 5, §2030-A).

C. 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.

D. 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

DEPARTMENT OF DEFENSE VETERANS AND EMERGENCY

MILITARY BUREAU

RFQ # 240917*0065

Snow Plowing & Sanding Services Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME 04240

BID COVER PAGE and DEBARMENT FORM

Bidder’s Organization Name:

Chief Executive - Name/Title:

Headquarters Street Address:

Headquarters City/State/Zip:

(provide information requested below if different from above)

Lead Point of Contact for Bid - Name/Title:

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 form of documented electronic signature.

Authorized Signature:

Date:

State of Maine RFQ # 15A 240917*0065 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:

1. 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.

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

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

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

0. 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

0. 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.

1. 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 DocuSign or Adobe Sign form of documented electronic signature.

Authorized Signature:

Date:

Appendix B

DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT –

MILITARY BUREAU

DETAILED SPECIFICATIONS

RFQ # 240917*0065

Snow Plowing & Sanding Services Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME 04240

Work Site: Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME Last Contract Information: $21,465.17/season (with additional area added in Dec) by Morin’s Property Services

Pre-Bid Tour of the Facility: Bidders are encouraged to attend the walk-through of the worksite at Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME on 25 September 2023 at 9:00 am This will be the only opportunity for bidders to see the facility so bring everything you will need to get all the information to formulate your bid. NO FURTHER walk-through tours or visits will be provided.

General Requirements

a. When there is an accumulation of two (2) inches or more of precipitation, or the contractor’s services are requested, the Contractor agrees to clear and sand designated areas without interruption. The parking lot will be reasonably cleared no later than 6:00 am.

b. The employees of the facility are responsible for the shoveling of all entrances to the facility – Not the contractor.

c. Priority of areas needing to be cleared shall be as follows: Main Entrance/Parking Area (45,517 sq.ft.) (See facility drawing, Snow Removal Plan).

d. Gated Compound shall be on a Will Call Basis (The Building Manager (or POC) of the facility will notify the contractor), based on a 4" accumulation (33,247 sq.ft.).

e. Plowing of the will call area will need to start no earlier than 6:30am and be completed by no later than 4:00pm Monday through Friday, excluding federal or state holidays. The compound is locked, and access is only available when the Guardsmen are there working.

f. All gates to compound will be kept free of snow build up to allow ease of access.

g. The contractor may have to return to plow and sand multiple times, depending on the severity and duration of the storm.

h. Treatment of roadways and parking areas will be done at the time of plowing, as needed. The Contractor will use a sand salt mixture that meets Maine Department of Transportation’s specs.

https://www.maine.gov/mdot/contractors/publications/standardspec/

i. Any time weather conditions create unsafe parking lot and road surfaces because of an accumulation of ice, such as melting and refreezing, and wind-caused drifts, Contractor shall initiate sanding/salting operations.

j. Any snow/ice built-up next to the facility windows, entrance doors, or overhead doors WILL NOT be done until the Building Manager of the Facility notifies DVEM and additional approval is received. The Program Administrator and/or their designee will notify the contractor to proceed.

k. The Contractor agrees to contact the Program Administrator or their designee if for some reason the entire property cannot be completed within (6) hours after completion of the precipitation event.

Equipment Requirement:

· The Contractor will supply employees, equipment and supplies necessary to complete the services and comply with all federal, state, and local governmental laws, regulations, codes, and ordinances.

· The Contractors employees will have the appropriate licenses and training needed for the work performed.

a. The contractor will supply equipment sufficient to adequately complete the removal of precipitation in a timely matter.

b. The Contractor must not put snow in any area designated as environmental practices or identified in Environmental policies.

c. The Contractor agrees to remove snow piles as needed to keep the normal facility operations.

a. Any snow piles at the facility needing to be removed will be hauled to a snow dump area meeting the requirements of Maine Department of Environmental Protection rules for Snow Dumps, Chapter 573, 06-096CMR after normal work hours of operation.

https://www.maine.gov/sos/cec/rules/06/096/096c573.doc

Vetting

a. The Department retains the right to screen and restrict from the facility personnel employed by or representing the provider who do not receive a satisfactory/passing background check.

b. All persons must pass a federal background check conducted by the Department of Defense, Veterans and Emergency Management (DVEM) before being allowed into/onto the facility grounds. This applies to all Maine National Guard facilities and grounds.

c. The Contractor must supply a list of people who may be either involved in the work effort, accompanying the Contractor, subcontracted, or present at the facility to the Vetting Coordinator. This must happen within two weeks after the award of the contract or two weeks prior to the beginning of the contract, whichever comes first. This also applies to any “new” employees that become part of the project for the contract’s length.

d. The list will include first name, middle initial, last name, date of birth, maiden name, social security number or another federal issued identification number and driver’s license number & state issued for each person.

e. The Department will provide to the Provider the names of those personnel that are acceptable for access, and those that are not acceptable for unescorted access into/onto our facilities. The Department will not be legally allowed to share any specifics regarding why certain personnel are considered unacceptable for any access.

Damages

a. Within 30 days of the contract award and/or renewal, the contractor shall be responsible to provide a written report (with photos) to the Contract Administrator and Program Administrator of any existing damage to the Departments property.

i. The contractor shall be responsible for repairs of any items not noted in the submitted report, resulting from plowing, removal and hauling operations.

b. The Contractor is responsible for repairing damages to any of the facility, lawns and/or curbing, and road shoulders.

i. The Contractor is encouraged to mark areas and or objects subject to damage such as fire hydrants, curbs, and road shoulders, to reduce damages.

ii. All damages will be repaired in the springtime on or before May 15th unless of an emergency nature, such as a broken fire hydrant. All such emergencies must be repaired to industry standards in accordance with all applicable rules and regulations.

c. Road-side shoulders should not be plowed in any way that will erode the integrity of the shoulder.

d. Any damage will be repaired in the spring prior to May 15th and requires sign off from the Program Administrator to ensure repairs are completed.

e. The Contractor will be responsible for repairing any damage and/or removing any silt or dirt build-up caused by their snow removal in the Environmental retention areas at no cost to the Department.

f. The following plan must be used on any soil disturbance caused by winter snow plowing. Disturbed areas will be treated as stated below. These areas will be closely monitored by the vendor until such time as a satisfactory growth of vegetation is established. Loam will be spread over all disturbed areas and graded to a uniform depth of 4 inches. The following will be incorporated into the soil prior to seeding:

· Agricultural limestone at the rate of 14 pounds per 1,000 sf, followed by

· 10-10-10 fertilizer at the same rate as seeding.

· Seeding will be applied at the rate of 3 lbs. per 1,000 sf of the following mixture: 50% creeping red fescue, 30% Kentucky bluegrass, and 20% annual ryegrass.

· Hay mulch will be applied at the rate of 100 lbs. per 1,000 sf.

· Mulch shall be anchored or tacked on areas of moderate slopes.

· Biodegradable nets will be installed on steep slopes (3:1 and steeper).

· Watering may be required during dry periods.

Awarded Contractor Invoice Requirements

a. Payments of this contract will be made in 6 equal monthly payments, November, December, January, February, March, and April.

b. The State anticipates paying the Contractor based on Net 30 payment terms, upon the receipt of an accurate and acceptable invoice.

i. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, State of Maine Vendor number, the location service was provided for, the timeframe of the work, and 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.

Contractor is expected to meet with the Program Administrator (Ken Merrifield) 207-430-6335, or his designee at least TWO weeks prior to the start date of the contract to go over the performance expectations. Failure to do so can result in the pending contract being terminated and the service being put back out to bid.

Contractor Performance:

· Performance evaluations will be conducted by the Program Administrator and/or their designee within 2 business days of the storm completion, for the first couple of storms and then as needed after.

· If the Contractor receives a combination of four or more negative responses during an evaluation tour with Program Administrator, or his designee. The Contractor will be given two (2) weeks from the date of the Evaluation Tour to correct all issues discovered during the Evaluations of Service Tour.

· If the issues are not resolved during that timeframe the contract could be terminated due to documented poor performance with a thirty (30) day notice.

· If the Contractor receives three (3) evaluations that receive the poor performance rating for the facility, the contract could be terminated due to documented poor performance.

· Poor performance may be considered in the evaluation of subsequent bids submitted by the Contractor.

· The Contractor will have fifteen (15) calendar days from the date notified to appeal any termination of contract decision based on the Evaluation of Services Tours.

· The appeal must be addressed to the Director of the Division of Procurement Services.

Contractor Communications: The Contractor must respond to all emails and phone calls within one (1) business day.

Improper Termination or Cessation of Contract: If the Contractor terminates the contract or ceases to provide services in violation of any term of this Contract the Contractor will be held liable for any and all costs to the State as a result of such action, including but not limited to, costs associated entering into a temporary contract to replace services once provided by the Contractor until such time as the service can go through the competitive bid process and a new contract can be executed. The Contractor will not be awarded additional contracts with the State until all costs required pursuant to this Contract have been paid in full to the State of Maine. The State further reserves the right to set off any costs owed pursuant to this Contract from any sums owed to the Contractor pursuant to any contract in effect between any agency of the State and the Contractor. Improper termination or cessation of services will be considered poor performance which the State will take into consideration during any future competitive bid evaluation process.

Disaster Recovery Plan:

a. Each bidding Contractor is required to submit a plan of action with their bid describing how their company will handle the contracted services if an emergency situation occurs where your company has a reduction in work force.

b. These plans will not be evaluated but will become part of the awarded contract.

c. Bids received without them may be rejected. Bidders can enter their plan in Appendix D, after the cost schedule or they can submit a separate document.

Certificate of Liability Insurance (COI):

The Contractor shall procure and maintain, for the duration of the contract, insurance for injuries to persons or damages to property which may arise from or in connections with the performance of the work hereunder by the Contractor, agents, representatives, employees, or subcontractors.

The Contractor will supply a COI to the Department prior to the start of the contract term and must send updates as the COI’s are revised or new policies are issued. The Department and the facility address covered by this contract will be listed as the Certificate Holder, all appropriate ADDL INSD boxes must be checked.

· Minimum Liability Insurance coverage:

· General Liability – A minimum of $1,000,000 per occurrence.

· Worker’s Compensation – Minimum state limits required.

· Business Auto Policy – Minimum level of coverage of 500k with snow plowing coverage.

State Held Harmless: The Contractor shall indemnify and hold harmless the Department and its officers, agents, and employees from and against any and all third party claims, liabilities, and costs, including reasonable attorney fees, for any or all injuries to persons or property or claims for money damages, including claims for violation of intellectual property rights, arising from the negligent acts or omissions of the Contractor, its employees or agents, officers or Subcontractors in the performance of work under this Agreement; provided, however, the Contractor shall not be liable for claims arising out of the negligent acts or omissions of the Department, or for actions taken in reasonable reliance on written instructions of the Department.

The Facility Manager for Lewiston AFRC is (see contact information below) the Contractor shall meet at a minimum of Monthly to go over snowplowing service specifications. If needed, the Program Administrator should be contacted to intervene.

The Facility Manager for Lewiston AFRC

· SFC Jessica Kurka

· jessica.l.kurka.mil@army.mil

· 207-430-5317

Attached Site Layout

Appendix C

COST RESPONSE

RFQ # 240917*0065

Snow Plowing & Sanding Services Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME 04240

All responses to this RFQ will require a cost quotation response, in a format selected by the State of Maine. That format is attached in an excel file “Lewiston Bid spreadsheet Plowing.xlxs”.

The bids will be evaluated based on the calculated total five-year amount.

Bidders are to complete and attach “Lewiston Bid spreadsheet Plowing.xlxs” Bid Worksheet. This must be attached as an EXCEL worksheet. Submissions in any other format may be rejected.

Bidders must enter the amount in RFQ 240917*0065 Bid Worksheet, Line 21, Column C for the “Contract Amount” in the Vendor Self Service. Enter only numbers and a decimal point.

Example: If you wanted to bid one dollar for the entire twelve-month period you would enter:

If the contract begins on anything other than the first day of the month or the first scheduled day of service, the first monthly amount paid to the contractor will be prorated to cover the actual services provided.

The award will be made to the lowest bidder that furnished all required documents and information listed below.

Additional Cost Requested:

Additionally, the following extras were asked to be priced. These will be handled on a separate PO and should be invoiced separately. But the $ would be the below:

Required Documents and Information

Bidders must provide the following documents and information to be considered:

· Appendix A: Bid Cover Page and Debarment Form – Pages 10 & 11 of this document.

· Appendix C: Cost Response – see attached excel form.

The RFQ 240917*0065, Bids need to be entered in the Vendor Portal as detailed in Appendix C as well as

· Bid Worksheet must be filled out in either the area provided, or in an attached excel worksheet. No other options will be entertained.

· Appendix D: Subcontractors & Disaster Recovery Plan

· Insurance Certificate (minimum of following) on standard ACORD Form

· General Liability – A minimum of $1,000,000

· Worker’s Compensation – Minimum state limits required.

· Business Auto Policy – Minimum level of coverage of 500k with snow plowing coverage.

Bid Pricing Lewiston AFRC Snow Plowing & Sanding Services Contract

Vendor Name

Total Contract Pricing

Bids submitted not as instructed may be rejected.

The State of Maine reserves the right to request supporting information including the number of hours assigned to each task and the products intended to be used in the facility.

Appendix D

RFQ # 240917*0065

Snow Plowing & Sanding Services Lewiston AFRC, 55 Alfred Plourde Pkwy Lewiston, ME 04240

Subcontractors: Subcontractors hired for this contract are subject to all the terms and conditions of the prime contract and must supply Certificates of Insurance to the State in the same amount as the prime contractor. No more than 15% of the work under this contract may be performed by subcontractors and the State reserves the right to remove any unsuitable subcontractor.

Will your company use subcontractors for contractually obligated tasks covered by this bid?

NO _______________ YES _______________

The following tasks will be performed by Subcontractors:

Task Subcontractor

Disaster Recovery Plan: Each bidding Contractor is required to submit a detailed plan of action with their bid describing how their company will handle the contracted services if an emergency situation occurs where your company has a reduction in work force. Response must be more than “We will bring in workers from other areas” or “We have always been able to provide the service.” These plans will not be evaluated but will become part of the awarded contract. Bids received without them may be rejected.

Appendix E

State of Maine Service Contract - Standard Terms & Conditions

1. INVOICES AND PAYMENT. Department will pay the Provider as follows: Payment terms are net 30 days from the date the State receives an error-free invoice with all necessary and complete supporting documents. Provider shall submit detailed invoices, itemizing all work performed during the invoice period, including the dates of service, rates of pay, hours of work performed, and any other information and/or documentation appropriate and sufficient to substantiate the amount invoiced for payment by the State. All invoices must include the Department and Advantage Contract numbers for this contract.

2. BENEFITS AND DEDUCTIONS. If the Provider is an individual, the Provider understands and agrees that he/she is an independent contractor for whom no Federal or State Income Tax will be deducted by the Department, and for whom no retirement benefits, survivor benefit insurance, group life insurance, vacation and sick leave, and similar benefits available to State employees will accrue. The Provider further understands that annual information returns, as required by the Internal Revenue Code or State of Maine Income Tax Law, will be filed by the State Controller with the Internal Revenue Service and the State of Maine Bureau of Revenue Services, copies of which will be furnished to the Provider for his/her Income Tax records.

3. INDEPENDENT CAPACITY. In the performance of this Contract, the parties hereto agree that the Provider, and any agents and employees of the Provider, shall act in the capacity of an independent contractor and not as officers or employees or agents of the State.

4. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall be the Department's representative during the period of this Contract. He/she has authority to curtail services if necessary to ensure proper execution. He/she shall certify to the Department when payments under the Contract are due and the amounts to be paid. He/she shall make decisions on all claims of the Provider, subject to the approval of the Commissioner of the Department.

5. CHANGES IN THE WORK. The Department may order changes in the work, the Contract Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work shall be in the form of an amendment, signed by both parties and approved by the State Purchases Review Committee. Said amendment must be effective prior to execution of the work.

6. SUB-AGREEMENTS. Unless provided for in this Contract, no arrangement shall be made by the Provider with any other party for furnishing any of the services herein contracted for without the consent and approval of the Contract Administrator. Any sub-agreement hereunder entered into subsequent to the execution of this Contract must be annotated "approved" by the Contract Administrator before it is reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment between the Provider and its employees assigned for services thereunder.

7. SUBLETTING, ASSIGNMENT OR TRANSFER. The Provider shall not sublet, sell, transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its right, title or interest therein, without written request to and written consent of the Contract Administrator. No subcontracts or transfer of Contract shall in any case release the Provider of its liability under this Contract.

8. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the Provider agrees as follows:

a. The Provider shall not discriminate against any employee or applicant for employment relating to this Contract because of race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, unless related to a bona fide occupational qualification. The Provider shall take affirmative action to ensure that applicants are employed and employees are treated during employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation.

Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Provider agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause.

b. The Provider shall, in all solicitations or advertising for employees placed by or on behalf of the Provider relating to this Contract, state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation.

c. The Provider shall send to each labor union or representative of the workers with which it has a collective bargaining Contract, or other Contract or understanding, whereby it is furnished with labor for the performance of this Contract a notice to be provided by the contracting agency, advising the said labor union or workers' representative of the Provider's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice.

e. The Provider shall comply with all aspects of the Americans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients.

f. Providers and subcontractors with Contracts in excess of $50,000 shall also pursue in good faith affirmative action programs, which programs must conform with applicable state and federal laws, rules and regulations.

g. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Contract so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

9. EMPLOYMENT AND PERSONNEL. The Provider shall not engage on a full-time, part-time or other basis during the period of this Contract, any executive employee who participated in any way in the solicitation, award or administration of this Agreement according to MRS Title 5 §18-A,2 and in harmony with MRS Title 17 §3104. Any contract made in violation of these sections is void.

10. WARRANTY. The Provider warrants that it has not employed or contracted with any company or person, other than for assistance with the normal study and preparation of a proposal, to solicit or secure this Contract and that it has not paid, or agreed to pay, any company or person, other than a bona fide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this Contract. For breach or violation of this warranty, the Department shall have the right to annul this Contract without liability or, in its discretion to otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

11. ACCESS TO RECORDS. As a condition of accepting an Contract for services under this section, a Provider must agree to treat all records, other than proprietary information, relating to personal services work performed under the Contract as public records under the freedom of access laws to the same extent as if the work were performed directly by the Department or agency.