Schedule A - Commodities and Non-Prof Services TABLE FORMAT.docx

Bidder must enter company name here.

STATE OF MICHIGAN

Request for Proposal No. 180000001041

SCHEDULE A

STATEMENT OF WORK

CONTRACT ACTIVITIES

This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP.

The Contractor must respond to each requirement or question, and explain how it will fulfill each requirement. Attach any supplemental information and appropriately reference within your response.

1. Specifications

1.1 The Contractor must provide the following:

All Products Must Meet MIOSHA Silica Standards and be compatible products complete and operational when delivered:

3 - 60lb. equivalent concrete breakers complete. (Hilti 3000-AVR) 3 - Wheeled carts for concrete breakers.(TE-3000) 3 - HEPA filtered (5 – 10 Gal. capacity) automatic self-cleaning vacuums w / hose attachments complete for supplied equipment. (VC-150-10 X) 9 - Dust collection bags for vacuums listed above.

6 - Pointed Chisels for 60 lb. equivalent concrete breakers.

9 - Flat Chisels for 60 lb. equivalent concrete breakers.

3 - 15 lb. equivalent chipping hammers complete. (Compatible with supplied vacuum system for 60lb. breakers listed above) (Hilti TE 500-AVR) 6 - pointed chisels for 15 lb. equivalent chipping hammers.

9 - Flat chisels for 15 lb. equivalent chipping hammers.

1 - Rock drill (Hilti TE-60 ATC/AVR) (Compatible with supplied vacuum system for 60lb. breakers listed above).

1 - 14” x ½” rock drill bit (compatible with rock drill listed above).

1 - 14” x 5/8” rock drill bit (compatible with rock drill listed above) 1 - 14” x ¾” rock drill bit (compatible with rock drill listed above).

Brands or trade names are for identification purposes only and do not limit the Contractor to such brands or trade names.

1.2 Warranties

Describe any warranties included in the bid and explain the process for reporting warranty issues and how the Contractor will handle any repairs or replacements. i.e. (60-day warranty on products from date of delivery.)

The State reserves the right to require additional warranties other than those identified by the Contractor in its response to this RFP.

1.3 Recall Requirements and Procedures

Describe any recall requirements and procedures. (OR) The Contractor must describe any recall procedures.

1.4 Quality Assurance Program

Explain your Quality Assurance Program(s).

1.5 Incentives

Explain any special incentives or services including, but not limited to, return policies, trade-in programs, quantity discounts, etc.

2. Service Levels

2.1 Time Frames

All Contract Activities must be delivered within [insert length of time desired for delivery] business days from receipt of order. The receipt of order date is pursuant to Section 2, Notice provisions of the Standard Contract.

2.2 Delivery

Delivery will be expected within [30] calendar days upon date of order. Delivery will be made at _MDOT Atlanta Maint. Facility 13490 M-32/M-33 Atlanta MI 49709 M-Th. 7a – 3p______.

2.3 Installation

NA

2.4 Technical Support and Repairs

When providing technical support, the Call Center must resolve the caller’s issue within 90 minutes. If the caller’s issue cannot be resolved within 24 hours, on-site service must be scheduled. The on-site service must be performed within 48 hours of the time the issue was scheduled for service.

2.5 Maintenance

NA

2.6 Training

2.7 Reporting

NA

The Contractor must attend the following meetings:

Example: Kick-off meeting within 30 calendar days of the Effective Date.

The State may request other meetings as it deems appropriate.

3.1 Contractor Representative

The Contractor must appoint 1 individual, specifically assigned to State of Michigan accounts, that will respond to State inquiries regarding the Contract Activities, answering questions related to ordering and delivery, etc. (the “Contractor Representative”).

NA

3.2 Customer Service Toll-Free Number

The Contractor must specify its toll-free number for the State to make contact with the Contractor Representative. The Contractor Representative must be available for calls during the hours of 8 am to 5 pm EST.

3.3 Technical Support, Repairs and Maintenance

The Contractor must specify its toll-free number for the State to make contact with the Contractor for technical support, repairs and maintenance. The Contractor must be available for calls and service during the hours of 8 am to 5 pm EST.

3.3 Disclosure of Subcontractors

If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Contractor.

Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

4. Pricing

4.1 Price Term

Pricing is firm for a 120-day period (“Pricing Period”). The first pricing period begins on the Effective Date. Adjustments may be requested, in writing, by either party and will take effect no earlier than the next Pricing Period.

4.2 Price Changes

Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

To enable catalog management functionality, the Contractor must supply the State with product and pricing information as identified in [insert Schedule B or the appropriate attachment number] of this RFP. The Contractor must supply the State with updated product and pricing information over the duration of the Contract using the then- current catalog template provided by the State. Product and price changes provided in this manner will not take effect until the catalog is updated in the State’s procurement system.

5. Ordering

5.1 Authorizing Document

The appropriate authorizing document for the Contract will be a P.O.

5.2 Order Verification

The Contractor must have internal controls, approved by DTMB-Procurement, to verify abnormal orders and to ensure that only authorized individuals place orders.

6. Delivery

6.1 Delivery Programs

The Contractor must explain in detail its delivery programs (e.g., standard delivery and quick-ship), including any limitations such as quantity.

The Contractor must explain the transportation method (e.g., UPS, FedEx, Contractor fleet, or other third-party carrier) it intends on utilizing in delivery of the Contract Activities.

6.2 Packaging and Palletizing

Packaging must be optimized to permit the lowest freight rate. Shipments must be palletized whenever possible using manufacturer's standard 4-way shipping pallets.

7. Acceptance

7.1 Acceptance, Inspection and Testing

[Read and Delete: The agency will use either the acceptance process defined in Section 15, Acceptance of the Standard Contract, or define a different process in this Section. If specific agency approvals are needed, the agency must identify the responsible position and review process.]

The State will use the following criteria to determine acceptance of the Contract Activities:

7.2 Final Acceptance

Final acceptance language to be developed by agency.

8. Invoice and Payment

8.1 Invoice Requirements

All invoices submited to the State must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price.

8.2 Payment Methods

The State will make payment for Contract items by EFT

8.2 Procedure

[Read and Delete: Identify specific requirements, if required.]

9. Additional Requirements

9.1 Environmental and Energy Efficient Products

The Contractor must provide products that meet the following environmental or energy efficient standards:

(OR)

The Contractor must identify any energy efficient, bio-based, or otherwise environmental friendly products used in the products. Contractor must include any relevant third-party certification, including the verification of a United States department of agriculture certified bio based product label.

NA

9.2 Hazardous Chemical Identification

In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals, as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.

The Contractor must identify any hazardous chemicals that will be provided under any resulting contract.

9.3 Mercury Content

Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. The Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If a cost competitive alternative does exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury.

9.4 Brominated Flame Retardants

The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible. The Contractor must disclose whether the products contain BFRs.

9.5 Licensing Agreement

The Contractor must provide a copy of any applicable licensing agreement.

The Contractor must appoint individuals who will be directly responsible for the day to day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquires within hours.

Contractor’s Key Personnel must be on-site at [location] during the following times: ____

The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause. The State may request a résumé and conduct an interview before approving a change. The State may require a 30 calendar day training period for replacement personnel.

The Contractor must identify the Key Personnel, indicate where they will be physically located, describe the functions they will perform, and provide current chronological résumés.

The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning non-key personnel.

Provide an overall organizational chart that details staff members, by name and title, and subcontractors.

Identify the project plan and how it will be managed, or ask Contractor to propose a project plan. Project plan should identify items such as the required contact personnel; the date the project plan will be submitted to the State; project management process; project breakdown identifying sub-projects, tasks, and resources required; expected frequency and mechanisms for updates/progress reviews; process for addressing issues/changes; and individuals responsible for receiving/reacting to the requested information.

The Contractor will carry out this project under the direction and control of the Program Manager. Within 30 calendar days of the Effective Date, the Contractor will submit a project plan to the Program Manager for final approval. The plan must include: (a) the Contractor's organizational chart with names and title of personnel assigned to the project, which must align with the staffing stated in accepted proposals; and (b) the project breakdown showing sub-projects, tasks, and resources required.

10. Liquidated Damages

Late or improper completion of the Contract Activities will cause loss and damage to the State and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $2,000 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Unauthorized Removal of Key Personnel will interfere with the timely and proper completion of the Contract, to the loss and damage of the State, and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, the State may assess liquidated damages against Contractor as specified below.

The State is entitled to collect $1,000 per individual per day for the removal of any Key Personnel without prior approval of the State.

The State is entitled to collect $1,000 per individual per day for an unapproved or untrained key personnel replacement.

Version 1 Revised Date: 7/28/2017