STATE OF MICHIGAN
Department of Technology, Management and Budget
Procurement
Invitation to Bid No. ITB-SC-071I3200057
Agfa Pre-Press Supplies
Department of Technology, Management and Budget, Printing Services
Buyer Name: Sue Cieciwa
Telephone Number: (517) 373-0301
E-Mail Address:
ITB Timeline / DateIssue Date / 4/17/2013
Questions Due Date / 4/24/2013
Bid Due Date / 5/7/2013
Anticipated Contract Start Date / 8/1/2013
Note to bidders: This is a formal request to solicit bids. Bidders should provide thorough responses where requested to allow the State to fully evaluate the bidder's capabilities.
Bidders are reminded that the sole point of contact concerning the Invitation to Bid (ITB) is the Department of Technology, Management and Budget (DTMB)-Procurement Buyer, listed on the cover page of this ITB. Any communication regarding this ITB with anyone other than the Buyer during the ITB process may result in disqualification, debarment, or both.
Throughout this ITB, language referring to Contract or Contractor refers to any Contract awarded from this ITB. This ITB is not a Contract.
Rev 3/1/2013
53
ITB No. ITB-SC-071I3200057
Table of Contents
Definitions 8
Article 1 – Statement of Work 10
1.1 Project Identification 10
1.1.1 Project Request 10
1.1.2 Background – Deleted, Not Applicable 10
1.2 Scope of Work and Deliverable(s) 10
1.2.1 In Scope – Deleted, Not Applicable 10
1.2.2 Deliverable(s) 10
1.2.3 Quantity 10
1.2.4 Ordering 10
1.2.5 Alternate Bids – Deleted, Not Applicable 11
1.3 Management and Staffing 11
1.3.1 Project Management – Deleted, Not Applicable 11
1.3.2 Reports 11
1.3.3 Staff, Duties, and Responsibilities 11
1.3.4 Meetings 11
1.3.5 Place of Performance 11
1.3.6 Reserved 11
1.3.7 Binding Commitments – Deleted Not Applicable 11
1.3.8 Training – Deleted, Not Applicable 11
1.3.9 Security– Deleted, Not Applicable 11
1.4 Delivery and Acceptance 11
1.4.1 Time Frames 11
1.4.2 Minimum Order 12
1.4.3 Packaging 12
1.4.4 Palletizing 12
1.4.5 Delivery Term 12
1.4.6 Acceptance Process 12
1.4.7 Criteria 12
1.5 Proposal Pricing 13
1.5.1 Pricing 13
1.5.2 Quick Payment Terms 13
1.5.3 Price Term 13
1.5.4 Tax Excluded from Price 13
1.5.5 Invoices 13
1.6 Commodity Requirements 14
1.6.1 Customer Service 14
1.6.2 Research and Development 14
1.6.3 Quality Assurance Program 14
1.6.4 Warranty for Deliverable(s) 14
1.6.5 Special Incentives 14
1.6.6 Energy Efficiency 14
1.6.7 Environmental Requirements 15
1.6.8 Recycled Content and Recyclability 15
1.6.9 Materials Identification and Tracking 15
1.7 State Employee Purchases – Deleted, Not Applicable 16
1.7.1 State Employee Purchase – Deleted, Not Applicable 16
Article 2 – Terms and Conditions 17
2.1 Contract Term 17
2.1.1 Contract Term 17
2.1.2 Options to Renew 17
2.2 Payments and Taxes 17
2.2.1 Fixed Prices for Deliverable(s) 17
2.2.2 Payment Deadlines 17
2.2.3 Invoicing and Payment – In General - Deleted, Not Applicable 17
2.2.4 Pro-ration [Deleted, Not Applicable] 17
2.2.5 Final Payment and Waivers 17
2.2.6 Electronic Payment Requirement 17
2.2.7 Employment Taxes 17
2.2.8 Sales and Use Taxes 17
2.3 Contract Administration 18
2.3.1 Issuing Office 18
2.3.2 Contract Compliance Inspector 18
2.3.3 Project Manager– Deleted, Not Applicable 18
2.3.4 Contract Changes 18
2.3.5 Price Changes 19
2.3.6 Notices 19
2.3.7 Covenant of Good Faith 19
2.3.8 Assignments 20
2.3.9 Equipment– Deleted, Not Applicable 20
2.3.10 Facilities – Deleted, Not Applicable 20
2.4 Contract Management 20
2.4.1 Contractor Personnel Qualifications 20
2.4.2 Contractor Key Personnel – Deleted, Not Applicable 20
2.4.3 Removal or Reassignment of Personnel at the State's Request 20
2.4.4 Contractor Personnel Location – Deleted, Not Applicable 20
2.4.5 Contractor Identification 20
2.4.6 Cooperation with Third Parties 20
2.4.7 Relationship of the Parties 20
2.4.8 Contractor Return of State Equipment/Resources 21
2.4.9 Background Checks 21
2.4.10 Compliance With State Policies 21
2.5 Subcontracting by Contractor 21
2.5.1 Contractor Responsible 21
2.5.2 State Approval of Subcontractor 21
2.5.3 Subcontract Requirements 21
2.5.4 Competitive Selection 22
2.6 Administrative Fee and Reporting 22
2.6.1 Administrative Fee and Reporting 22
2.7 Performance 22
2.7.1 Time of Performance 22
2.7.2 Service Level Agreements - Deleted, Not Applicable 22
2.7.3 Liquidated Damages – Deleted, Not Applicable 22
2.7.4 Excusable Failure 22
2.8 Acceptance of Deliverable(s) 23
2.8.1 Quality Assurance 23
2.8.2 Delivery Responsibilities 23
2.8.3 Process for Acceptance of Deliverable(s) 23
2.8.4 Acceptance of Deliverable(s) 24
2.8.5 Process for Approval of Written Deliverable(s) - Deleted, Not Applicable 24
2.8.6 Process for Approval of Services - Deleted, Not Applicable 24
2.8.7 Final Acceptance 24
2.9 Ownership [Deleted, Not Applicable] 24
2.10 State Standards - Deleted, Not Applicable 24
2.10.1 Electronic Receipt Processing Standard – Deleted, Not Applicable 24
2.11 Confidentiality 24
2.11.1 Confidential Information 24
2.11.2 Protection and Destruction of Confidential Information 25
2.11.3 Exclusions 25
2.11.4 No Obligation to Disclose 25
2.11.5 Security Breach Notification 25
2.12 Records and Inspections 25
2.12.1 Inspection of Work Performed 26
2.12.2 Retention of Records 26
2.12.3 Examination of Records 26
2.12.4 Audit Resolution 26
2.12.5 Errors 26
2.13 Warranties 26
2.13.1 Warranties and Representations 26
2.13.2 Warranty of Merchantability 27
2.13.3 Warranty of Fitness for a Particular Purpose 27
2.13.4 Warranty of Title 27
2.13.5 Equipment Warranty - Deleted, Not Applicable 27
2.13.6 New Deliverable(s) - Deleted, Not Applicable 28
2.13.7 Prohibited Products 28
2.13.8 Consequences For Breach 28
2.14 Insurance 28
2.14.1 Liability Insurance 28
2.14.2 Subcontractor Insurance Coverage 30
2.14.3 Certificates of Insurance 30
2.15 Indemnification 30
2.15.1 General Indemnification 30
2.15.2 Code Indemnification - Deleted, Not Applicable 30
2.15.3 Employee Indemnification 30
2.15.4 Patent/Copyright Infringement Indemnification 31
2.15.5 Continuing Obligation 31
2.15.6 Indemnification Procedures 31
2.15.7 Limitation of Liability 32
2.16 Termination by the State 32
2.16.1 Notice and Right to Cure 32
2.16.2 Termination for Cause 32
2.16.3 Termination for Convenience 33
2.16.4 Termination for Non-Appropriation 33
2.16.5 Termination for Criminal Conviction 33
2.16.6 Termination for Approvals Rescinded 33
2.16.7 Rights and Obligations upon Termination 33
2.16.8 Reservation of Rights 34
2.16.9 Contractor Transition Responsibilities 34
2.16.10 Transition Payments 34
2.17 Termination by the Contractor 34
2.17.1 Termination 34
2.18 Stop Work 34
2.18.1 Stop Work Order – Deleted, Not Applicable 35
2.18.2 Termination of Stop Work Order – Deleted, Not Applicable 35
2.18.3 Allowance of the Contractor's Costs – Deleted, Not Applicable 35
2.19 Reserved 35
2.20 Dispute Resolution 35
2.20.1 General 35
2.20.2 Informal Dispute Resolution 35
2.20.3 Injunctive Relief 36
2.20.4 Continued Performance 36
2.21 Disclosure Responsibilities 36
2.21.1 Disclosure of Litigation 36
2.21.2 Other Disclosures 36
2.21.3 Call Center Disclosure 37
2.22 Extended Purchasing Program 37
2.22.1 Extended Purchasing Program 37
2.23 Laws 37
2.23.1 Governing Law 37
2.23.2 Compliance with Laws 37
2.23.3 Jurisdiction 37
2.23.4 Nondiscrimination 37
2.23.5 Unfair Labor Practices 37
2.23.6 Environmental Provision 38
2.23.7 Freedom of Information 38
2.23.8 Workplace Safety and Discriminatory Harassment 38
2.23.9 Prevailing Wage - Deleted, Not Applicable 38
2.23.10 Abusive Labor Practices 38
2.24 General Provisions 39
2.24.1 Bankruptcy and Insolvency 39
2.24.2 Media Releases 39
2.24.3 Contract Distribution 39
2.24.4 Permits 39
2.24.5 Website Incorporation 39
2.24.6 Future Bidding Preclusion 39
2.24.7 Antitrust Assignment 39
2.24.8 Disaster Recovery 39
2.24.9 Legal Effect 40
2.24.10 Entire Agreement 40
2.24.11 Order of Precedence 40
2.24.12 Headings 40
2.24.13 Form, Function and Utility 40
2.24.14 Reformation and Severability 40
2.24.15 Approval 40
2.24.16 No Waiver of Default 40
2.24.17 Survival 40
Article 3 – Bid Process and Evaluation Criteria 42
3.1 Introduction 42
3.1.1 Pre-bid Meetings – Deleted, Not Applicable 42
3.1.2 Samples - Deleted, Not Applicable 42
3.1.3 Communications 42
3.1.4 Questions and Changes to the ITB 42
3.2 Proposal Format 42
3.2.1 Complete Proposal 42
3.2.2 Efficient Proposal – Deleted, Not Applicable 42
3.2.3 Double Sided on Recycled Paper – Deleted, Not Applicable 42
3.2.4 Format 42
3.3 Proposal Submission 43
3.3.1 Sealed Bid Receipt Deadline 43
3.3.2 Submission 43
3.3.3 Responses 43
3.4 Award Process 43
3.4.1 Method of Evaluation 43
3.4.2 Evaluation Criteria 43
3.4.3 Technical and Price Evaluation 43
3.4.4 Award Recommendation 44
3.4.5 Reservations 44
3.4.6 Award Decision 44
3.4.7 Protests 44
3.4.8 State Administrative Board 44
3.5 General Bid Provisions 44
3.5.1 Reciprocal Preference 44
3.5.2 Independent Price Determination 45
3.5.3 Taxes 45
3.5.4 False Information 45
3.5.5 Past Performance 45
3.5.6 Financial Stability 45
3.5.7 Environmental Impact 45
3.5.8 Clarifications and Deficiencies 45
3.5.9 Negotiations 45
3.5.10 Best and Final Offer 45
3.5.11 Oral Presentation 46
3.5.12 Site Visit 46
3.6 Possible Bond Requirements - Deleted, Not Applicable 46
Article 4 – Required Bidder Information 47
4.1 Bidder Information 47
4.1.1 Company Information 47
4.1.2 Bidder Contact During ITB Process 47
4.1.3 Authorized Contract Signatory 47
4.1.4 Staffing 47
4.1.5 Former State of Michigan Employees 48
4.1.6 Use of Other Sources as Subcontractors 48
4.1.7 Place of Performance 48
4.1.8 Subcontractors Needed in Performance of Contract – Principal Place of Business 49
4.1.9 Prior Experience – Deleted, Not Applicable 49
4.1.10 Contract Performance 49
4.1.11 Disclosure of Litigation 49
4.1.12 E-Verify - Deleted, Not Applicable 50
4.1.13 Business Owned by Qualified Disabled Veteran 50
Attachment A, Price Proposal 52
Attachment B, Bidder Response 53
Definitions
This section provides definitions for terms used throughout this document.
Business Day - whether capitalized or not, means any day other than a Saturday, Sunday, State employee temporary layoff day, or State-recognized legal holiday (as identified in the Collective Bargaining Agreement for State employees) from 8:00am through 5:00pm Eastern Time unless otherwise stated.
Buyer – the DTMB-Procurement employee identified on the cover page of this ITB.
Chronic Failure - as defined in applicable Service Level Agreements.
Contract – based on this ITB, an agreement that has been approved and executed by the awarded bidder, the DTMB-Procurement Director, and the State Administrative Board.
Contractor – the awarded bidder after the Effective Date.
Days – Calendar Days unless otherwise specified.
Deleted, Not Applicable - the section is not applicable or included in this ITB. This is used as a placeholder to maintain consistent numbering.
Deliverable(s) - physical goods or commodities as required or identified in a Statement of Work.
Eastern Time – either Eastern Standard Time or Eastern Daylight Time, whichever is prevailing in Lansing, Michigan.
Effective Date - the date that a binding contract is executed by the final party.
Final Acceptance - has the meaning provided in Section 2.8.7, Final Acceptance, unless otherwise stated in Article 1.
Key Personnel - any personnel designated as Key Personnel in Sections 1.3.3, Staff, Duties, and Responsibilities, and 2.4.2, Contractor Key Personnel, subject to the restrictions of Section 2.4.2.
Post-Industrial Waste - industrial by-products which would otherwise go to disposal and wastes generated after completion of a manufacturing process, but does not include internally generated scrap commonly returned to industrial or manufacturing processes.
Purchase Order - a written document issued by the State that requests full or partial performance of the Contract.
State - the State of Michigan.
State Location - any physical location where the State performs work. State Location may include state-owned, leased, or rented space.
Stop Work Order - a notice requiring the Contractor to fully or partially stop work in accordance with the terms of the notice.
Subcontractor - a company or person that the Contractor delegates performance of a portion of the Deliverable(s) to, but does not include independent contractors engaged by the Contractor solely in a staff augmentation role.
Unauthorized Removal - the Contractor's removal of Key Personnel without the prior written consent of the State.
Article 1 – Statement of Work
Some indicated responses for Article 1 must be provided in Attachment B (Bidder Response).
Section responses required in Attachment B will be evaluated on a PASS/FAIL basis. Responses [X] will be evaluated as follows:
[X] Yes we will comply as specified: PASS
[X] No we cannot comply: FAIL
[X] Yes we will comply but with the following modifications:
PASS if the modification, at the sole discretion of the State, is evaluated as acceptable. FAIL if it is not.
PROPOSALS THAT HAVE A FAIL DETERMINATION FOR ANY SECTION WILL NOT BE CONSIDERED FOR AWARD.
The Bidder must be the manufacturer or an authorized distributor. The State reserves the right to independently verify authorized distributor status directly with the manufacturer.
If the Bidder is not the manufacturer or an authorized distributor of the product being proposed to the State, the Bidder will be disqualified.
1.1 Project Identification
1.1.1 Project Request
This is an Invitation to Bid (ITB) to establish a contract for pre-press supplies for the Department of Technology, Management and Budget, (DTMB) Office of Support Services, Logistics and Operations Support Division, Printing Services. This is a formal request to prospective bidders to solicit bids or price quotations. Bidders must submit written proposals according to the instructions contained within this document, discussing how they will meet the specific requirements.
The Contract resulting from this ITB is for the necessary pre-press supplies: offset printing plates, offset plate wash and digital proofing materials manufactured by the Agfa Company.
1.1.2 Background - Deleted, Not Applicable
1.2 Scope of Work and Deliverable(s)
1.2.1 In Scope
1.2.2 Deliverable(s)
Bidder shall provide the pre-press supplies as specified in Attachment A, Price Proposal, and deliver in the time frame specified below.
Definite specifications - All Deliverable(s) must conform to the specifications.
Bidder Response: Provide response in Attachment B
1.2.3 Quantity
The State is not obligated to purchase in any specific quantity.
1.2.4 Ordering
The State will issue a Purchase Order, which must be approved by the Contract Compliance Inspector, to order any Deliverable(s).
1.2.5 Alternate Bids – Deleted, Not Applicable
1.3 Management and Staffing
1.3.1 Project Management – Deleted, Not Applicable
1.3.2 Reports
The Contractor shall be able to provide various reports, when requested by the State. Reports should include, but are not limited to, usage reports, including quantity and dollars, and status of delivery.
Bidder Response: Provide response in Attachment B