Schedule A.docx

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Schedule A – statement of work contract activities Request for Proposal (RFP) No. 220000001069 Truck and Trailer Mounted Attenuators 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, as well as the Contractor who is awarded the contract. The term “bidder” is used to identify where specific responses to the RFP are required.

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.

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click one checkbox and complete the entries as identified.

1. SCOPE

The Michigan Department Transportation (MDOT), Bureau of Field Services, Fleet Division is responsible for providing STATEWIDE equipment and services for construction, scheduled maintenance and emergency responses.

MDOT is seeking to establish a 3-year contract with two (2) one-year extensions for Truck and Trailer Mounted Attenuators (Contract Activities).

REQUIREMENTS

1.1. General Requirements

A. All equipment provided under this contract shall be new and must be the latest models in current production. See Schedule B – Pricing.

B. Contract Activities must be built in accordance with and must meet the performance and design character required to comply with the following standards:

· The National Traffic Safety Administration (NHTSA),

· National Cooperative Highway Research Program Report (NCHRP 350),

· American Association of State Highway and Transportation Officials (AASHTO) Manual for Assessing Safety Hardware (MASH),

· Michigan Manual on Uniform Traffic Control Devices (MMUTCD),

· American National Standards Institute (ANSI) standards for the U.S.,

· Federal and State Occupational Safety and Health Administration (OSHA and MIOSHA) standards,

· Society of Automotive Engineers (SAE) standards,

· Federal Motor Vehicle Safety Standards (FMVSS),

· State of Michigan standards and regulations that apply.

C. Manufacturers’ product literature for the brands offered must be provided with the bid proposal. The literature must show supporting data for the performance and design specifications described within this Section 2.1.

D. The Contractor may provide their entire product line to MDOT at a percentage off the manufacturer suggested retail price (MSRP). MSRP may also be referred to list price. See Schedule B – Pricing.

1.1. General Requirements

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1.2. Specifications

A. The Contractor will indicate if it is a licensed distributor or manufacturer.

If the Contractor is a licensed distributor a letter from the manufacture verifying the distributor must be submitted.

B. Attenuators for this contract must comply with the attached specifications.

C. Manufacturers’ product literature for the brands offered must be provided with the bid proposal. The literature must show supporting data for the performance and design specifications described within Section 1.2.

D. Bidder will indicate a response to each area in the attached specifications, and attach them to their bid proposal.

Attachment A1 – Specification # 68-0001.22, Truck Mounted Attenuator, Replaceable Cushion

Attachment A2 - Specification # 68-0001A.22 Truck Mounted Attenuator, Articulating Folding, Replaceable Cushion

Attachment A3 - Specification # 68-0501.22 Trailer Mounted Attenuator, with Arrow Board Sign, Replaceable Cushion

Attachment A4 – Specification # 68-0501A.22 Trailer Mounted Attenuator, with Arrow Board Sign, Collapsible Frame

Attachment A5 – Specification # 68-0001M.22, Truck Mounted Attenuator, Replaceable Cushion

Attachment A6 – Specification # 68-0001AM.22, Truck Mounted Attenuator, Replaceable Cushion

Attachment A7 - Specification # 68-0501M.22 Trailer Mounted Attenuator, with Arrow Board Sign, Replaceable Cushion

1.2. Specifications

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1.3. Manuals

The Contractor will provide two (2) sets of the following manuals for the Attenuator at time of delivery.

1. Operating

2. Parts and maintenance/service

Failure to deliver manuals at time of delivery may be cause for payment to be delayed.

1.3. Manuals

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1.4. Quantity

Exact quantities to be purchased are unknown.

**Quantities specified within Schedule B, will be (1) each, to establish pricing. The State is not obligated to purchase in these or any other quantities.

1.4. Quantity

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1.5. Warranties

A. The Contractor is to provide a one-year warranty covering all listed components listed OR manufacturer’s warranty, whichever is greater.

B. The warranty period shall start on the date MDOT puts the unit in-service.

1.5. Warranties, Sections A and B

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C. The Contractor will explain its warranty period for all components specified, the process to report warranty issues, and how warranty repairs are handled.

Bidder response: Explain warranty period and warranty process

1.6. Recall Requirements and Procedures

The Contractor will immediately notify MDOT and assist with any removal and replacement of defective parts at no additional cost.

1.6. Recall Requirements and Procedures

List all exception(s):

Bidder response: Explain recall procedure

1.7. Quality Assurance Program

The Contractor must have a Quality Assurance Program and process and a point of contact who will address any quality issues.

Bidder response: Explain Quality Assurance Program and process

Provide contact information

Contact name & title

Telephone #

Email

1.8. Incentives

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

Bidder response: Explain any incentives offered

2.0. SERVICE LEVELS

2.1. Time Frame for Delivery

A. All Contract Activities must be delivered within 120 business days from receipt of order. The receipt of order date is pursuant to Section 2, Notice provisions of the Standard Contract terms.

2.1. Time Frame for Delivery

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2.0. Delivery

Prior to delivery the unit shall be serviced, tested and ready for operation.

Contractor to contact Scott Poyer, MDOT Fleet Specialist (or person listed on the Delivery Order) 48 hours prior to delivery.

Deliveries will be made at any of the MDOT garage facility located statewide (See Attachment 1 – Garage Locations). Items must be delivered to the requesting location.

Deliveries will be accepted between 8:00 am and 3:00 p.m., Monday through Thursday, excluding public holidays.

2.2. Delivery

List all exception(s):

Bidder response: Describe how Bidder will comply with the above requirement(s)

2.1. Meetings

The Contractor may be required to attend a Kick-off meeting within 30 days of the Contract effective date.

The State may request other meetings as it deems appropriate.

2.3. Meetings

List all exception(s):

2.2. Technical Support and Repairs

The Contractor must specify its telephone/cell phone number and email address for the State to contact the Contractor for technical support, repairs and maintenance. The Contractor must be available for calls and service during the hours of 8:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday.

The Contractor must explain the process for repairs to under-warranty items and non-warranty items.

Bidder Response: Provide Support & Repairs contact information

Contact name & title

Telephone #

Email

Bidder response: Describe process for repairs to under-warranty and non-warranty items (s)

3.0. STAFFING

3.1. Key Personnel

The Contractor must appoint one Contractor Representative who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to State of Michigan accounts, be knowledgeable on the contractual requirements, will respond to State inquiries regarding the Contract Activities, and will answer questions related to ordering and delivery, etc.

The Contractor must notify the State’s Contract Administrator at least 20 calendar days before removing or assigning a new Key Personnel.

3.1. Key Personnel

List all exception(s):

Bidder Response: Provide Contractor Representative/Key Personnel contact information

Contact name & title

Telephone #

Email

3.2. Disclosure of Subcontractors

If the Contractor intends to utilize a subcontractor(s) in the performance of the Contract, the Contractor must disclose the following:

The legal business name, address, telephone number of the subcontractor(s):

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 Bidder:

Whether the Bidder 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:

Of the total bid, the price of the subcontractor’s work:

3.3. Security

Contractor’s staff will be required to make deliveries to or enter State facilities. The Contractor will be subject the following security procedures:

A. Background Checks In the event of any incident and/or upon request by the State, the Contractor must provide detailed information on background checks performed on employees. Contractor is responsible for all costs associated with processing the background checks.

The State, in its sole discretion, may also perform security background checks. If so, the Contractor must provide to the State a list of all delivery personnel servicing State of Michigan facilities, including name, date of birth and social security number.

B. COVID-19

Effective June 30, 2021, all individuals (State employees and visitors) entering a MDOT facility may be required to wear a face mask and sign a health screen questionnaire regarding principal symptoms of COVID-19.

Individuals meeting outside a building but within MDOT right-of-way may be required to wear a face mask.

Individuals that have principal symptoms of COVID-19 will not be granted access to facilities and/or participation in outside meetings.

3.3. Security

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4.0. PRICING

4.1. Price Term

Pricing is firm for a 365-day period (“Pricing Period”). The first pricing period begins on the Contract Effective Date. Adjustments may be requested in writing by either party and will take effect no earlier than the next pricing period.

4.1. Price Term

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4.2. Price Changes

Adjustments will be based on changes in actual Contractor costs.

Adjustments made be requested on either the MSRP/List Base Price or the applicable percentage discount. 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.

4.2. Price Changes

List all exception(s):

5.0. ORDERING

5.1. Authorizing Document

The appropriate authorizing document for the Contract will be a Delivery Order (DO).

The Contractor must have internal controls to ensure only orders received from authorized individuals are processed.

5.1. Authorizing Document

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5.2 . Order Verification The Contractor must have internal controls to ensure that only authorized MDOT employees place orders.

5.2 . Order Verification

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6.0. DELIVERY

6.1. Delivery Programs

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

6.1. Delivery Programs

List all exception(s):

7.0. ACCEPTANCE

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

7.1 . Acceptance and Inspection The following criteria will be used by the state to determine Acceptance of the services or deliverables provided.

The unit will be subject to a new unit check in inspection by MDOT personnel after the unit is delivered for compliance with the attached specifications, product information, delivery order requirements, and approved or rejected. Inspection shall be done after delivery.

Manuals as specified within section 1.3.

7.1. Acceptance and Inspection

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7.2. Final Acceptance

Reference attached Standard Terms and Conditions, Item 16, Acceptance, and completion of items listed in section 7.1. above.

7.2. Final Acceptance

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8.0. INVOICE AND PAYMENT

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) delivery order number; (c) quantity; (d) item description; (e) unit price; (f) shipping cost (if any); (g) vendor-generated invoice number and (h) total price.

Contractor will send invoice to:

Fleet Administration Michigan Department of Transportation 2522 West Main St.

Lansing, MI 48917 Attention: Scott Poyer or poyers@michigan.gov Invoices may be sent by mail or email.

8.1. Invoice Requirements

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8.2. Payment Methods

As required by MCL 18.1283, the State will only disburse payments under this Contract through Electronic Funds Transfer (EFT).

The Contractor is responsible for ensuring current banking information is entered in the State vendor website:

https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService.

8.2. Payment Methods

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9.0. LIQUIDATED DAMAGES

Contract Activities must be consistent with the specifications and delivery scheduling as established in the Contract. Incorrect or defective parts or delivery delays will interfere with the proper implementation of the fleet management programs utilizing the vehicles/units.

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 any Contract Activities are not as specified and/or are not delivered within the required timeframe, the State is entitled to collect liquidated damages in the amount of 2/10th of 1% per day up to 30 days, if Contractor fails to remedy the late or improper completion of the Work, the State may deduct liquidated damages from the final payment

9.0. Liquidated Damages

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10.0. ADDITIONAL REQUIREMENTS

10.1. Environmental and Energy Efficiency Product Standards

The Contractor must identify any energy efficient, bio-based, or otherwise environmentally 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.

Contractor must describe how products that meet these requirements are identified or otherwise labelled.

10.1. Environmental and Energy Efficiency Product Standards

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Bidder response: Provide detailed information as required above – either in the below response box or identified here as an attachment to this RFP.

10.2. 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.

10.2. Hazardous Chemical Identification

Bidder response: Identify any hazardous chemicals that will be provided under any resulting contract.

10.3. 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.

10.3. Mercury Content

10.4. 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. Contractor must describe how products that meet these requirements are identified or otherwise labelled.

10.4. Brominated Flame Retardants

List all exception(s): (Add rows as necessary.)

Bidder response: Describe how products that meet these requirements are identified or otherwise labelled.

10.5. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

The Contractor must confirm that the provided products do not intentionally contain PFAS. This consists of all components of the provided products, including product packaging.

10.5. PFAS

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